April 21, 1948MIfNTES OF A REGULAR b~ETING OF THE CITv COUNCIL OF 1YEST MEMPHIS
APRIL 21, 1948
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The Council of the City of West Memphis in the County of Crittenden, State of Arkansas, met
in a regular session at the City Hall in said City at 7:30 P.M. on the 21st day of April, 1948.
The meeting was called to order by the Mayor, and the roll being called there weret
Present= P, M, Dacus in the-chair and the following named Alderment Curtis Foster,
C. H, Rowtan, R. L, Garrison, J. I, Bollinger, R. R. Morley, G. W. McAuley;
City Attorney J. H, Spears.
Absent: City Clerk H, 0. Coats.
The following proceedings were had to-wit:
Minutes of the meeting of the City Council on April 7, 1948, were read and approved.
Mr. E, J, White and Mr. Toney Peters of the Light and eater Commission and Mr, Clarence Clifton
were present at the meeting to discuss the financing of a water tank for the City of West Memphis.
Mr, Mc Cloy of Southern Securities Corporation was present and presented the following proposal=
April 6, 1948
Water & Light Commissioners
City of West Memphis
West Memphis, Ark.
Gentlemen:
We hereby agree to pay your City a-price of 98 plus accrued interest for an issue
of ~75,U00.00 bonds bearing 3~ interest, dated June 1, 1948 and due serially as followss
January 1st in the years o£ 1950 - 58 Incl.
These bonds are to be known as City of West Memphis YYater Revenue Bonds and are to
be secured by alien on the new 500,000 gal. water tank and by a second lien on the
water revenues of the system.
The indenture will provide for the issuance of as many as X35,000.00 additional
bonds in the future that would be on a parity as far as revenues but would mature after
this issue.
This issue of bonds shall be callable Q 102 on any interest date on or after 1 year
for 3 years and m 100 thereafter beginning 4th year in inverse order from any funds.
Our offer is subject to the bonds being delivered to us within 70 days with the
approving opinion of Hon. ~yallace Townsend.
It is understood that the provisions of the bond indenture must meet with the
approval of your City Council. The expenses of this issue shall be paid by 2 by each
party and the City's-part not to exceed $500.00. The City reserves the right to
cancel this contract.
Respectively Submitted
SOIITHERt1 SECURITIES CORPORATION
BYs C. E. MCCLOY
iHH1.z-;c-3t3~~r;Ht
After discussion of the proposal by all present, the following motion was made by ,
Alderman Rowtant That the Mayor be and he is hereby authorized and directed to execute
the contract on behalf of the City of ~sest Memphis, Thia motion was seconded by `
Alderman Bollinger and upon the matter being called to vote the following votedt
Aye= Curtis Foster, C. H, Rowtan, R. L, Garrison, 0. I, Bollinger, R, R. Morley, G. W. McAuley,
Nays None,
Mayor Dacus had requested that the members of the park Commission be present and Mr, Senhausen,
Mr. Polk, ~4r. Bernhard, and Rev, Halsell appeared at the meeting also present was Mr, J, 0, S otts
President of the Crittenden County Softball ~%ommission. Plans for the operation of the Worthington
Park Community pro~ect was discussed and opinion as to the law and the affect of the Ordinance
craating the Park commission was given by the City Attorney. It was pointed out that the Park
Co:nmi.saion is the proper agency to handle the affairs of the City relating to the City~s parka and
such activities and that no other agency of the City or any other group would have any authority
regarding the parks, playgrounds, etc.
f
Rev. Halsell of the Baptist Church appeared before the Council to request the rezoning of ~
certain property owned by the Church from residential to commercial. Mayor Dacus advised
Rev. Halsell that a meeting of the Planning Commission would be called to act upon the rezoning. ,~
j
Mr. ~nmett Colvin, president of the ~Northington Park Civic Club, was present at the meeting '~
to discuss with the Council the reducing of the speed limit in the Frorthington Park Subdivision
to 15 mph also the parking of vehicles on one side only of the streets in the Subdivision; the i
matters were taken under advisement.
City Attorney Spears advised the Council that an election on parking meters could not be
held until a regular election. !~
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Mr. T, R, Green, Secretary-Manager of the Chamber of Commerce, advised the Council of two
pro~ecta he was contemplating and after discussion he was assured of the support of the City on ii
these pro~eets.
An ordinance entitled "An Ordinance Fixing The Time For the Filing Of Referendum Petitions I
Provided For By Amendment No. ~ To The Constitution Of The State Of Arkansas, :And For Regulating '!
' The Procedure Thereof~~ was introduced in tivriting and read in full by Alderman Morley. j~
Alderman Foster moved that the rule requiring said ordinance to be read in (till on three '~
different days be suspended, and that said ordinance be placed on its second reading; motion
was seconded by Alderman McAuley, and thereafter the Mayor put the question on the adoption of ~
said motion, and the roll being called, the following voteds
Aye= Curtis Foster, C. H. Rowtan, R. L. Garrison, O, I, Bollinger, R. R. Morley, and G. W. McAuley.
Nay= None.
Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second
reading. The ordinance was then read the second time by Alderman Garrison.
Alderman Rowtan then moved that said ordinance be now placed upon its final adoption; motion
was seconded by Alder~m;n Bollinger, and after due consideration thereof by said Council, the Mayor
put the question on the adoption of the motion, and upon 'the roll being called, the following voted:
Ayes Curtis Foster, C, g, Rowtan, R. L. Garrison, 0. I. Bollinger, R. R. Morley, and G. W. McAuley.
Nay= Done.
Whereupon the Mayor declared the motion duly carriad and said ordinance placed upon its final
reading and adoption.
Said ordinance was read in full by plderman McAuley, who moved its ado tion, seconded by
Alderman Garrison, and after due consideration thereof by said Council, the ~yor put the question
upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the
following voteds
Ayes Curtis Foster, C. H. Rowtan, R, L, Garrison, 0, I. Bollinger, R. R. Morley, and G, 'Ai, McAuley.
Nays None.
Whereupon the Mayor called to the Council's attention that the ordinance, as adopted, contained an
emergency clause and suggested that specific action should be taken by the council on this clause.
Whereupon motion :vas made by Alderman Foster and duly seconded by Alderman Bollinger that the
emergency clause of said ordinance be adopted, and the roll being called, the following voteds
Ayes Curtis Foster, C. H. Rowtan, g. L. Garrison, ~. I. Bollinger, R. R, Morley, and G. VJ, Mcpuley.
Nay: None.
Vrhereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed
his approval to said ordinance and the-City Clerk was directed to spread the same upon the record of
Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and
to number said ordinance No. 151.
Said ordinance to which no amendment was offered read as follows:
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ORDINANCE N0. 151
is
AN ORDINANCE FIXING THE TIME FOR THE FILING OF REFERENDUM PET]~ONS PROVIDED FOR BY AMENDPdIIVT N0. 7 '~
TO THE CONSTIT[lIC0i1 OF THE STATE 4F ARKANSAS, AP1D FOR REGULATING THE PROCEDURE T1iN'REON,
it
BE IT ORDAINliD BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. All referendum petitions under Amendment No, 7 to the Constitution of the ii
State of Arkansas, appearing on pages 1076 to 108!{, inclusive, of the Acts of the General Assembly
of the State of Arkansas of the year 1925, must be filed with the City Clerk within thirty days
~ after the passage of such ordinance.
Section 2. Wlrenver any referendum petition is filed the City Council shall give notice by
publication for one insertion of a time not ]ess than five days after the publication of such
notice at which they will hear all persons who wish to be heard on the question whether such
petition is signed by the requisite number of petitioners. 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 Crittenden County tivithin 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 Nrest Memphis,
Crittenden County, Arkansas.
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 (ilea by erasing
the same :-~rith red ink,
Section 5• Tf any provision of this ordinance is held to be void, it shalt not affect the
validity of the remainder, but the remainder shall stand.
Section 6. This ordinance shall be in full fcrce and effect from and after its passage,
(Passed: April 21, 19Lt8)
dti;siit-iY.E~'HHHt
An ordinance entitled "An Ordinance Calling A Special erection To Determine ~trether The
City of West 1~emphis, Shall Issue Bonds For the Purpose Of The Construction Of A public
Auditorium And A Building For Housing Fire lighting Apparatus And/Or Construction Of Addition
To Sewer Systems introduced and read on April 7th was presented to Council for action on
passage of the ordinance.
Alderman Morley moved that the rule requ~ing said ordinance to be read in flxll on three
different days be suspended, and that said ordinance be placed on its second reading; motion
was seconded by Alderman Foster, and thereafter the Mayor put the question on the adoption of
said motion, and the roll being called, the following voteds
Aye: Gurtis~cAuley. C, H' Rowtan, R. L, Garrison, Oj I. Bollinger, R• R. Morley, and
Nay; None.
Whereupon the Mayor declared the motion duly passed and said ordinance placed on its
second reading. The ordinance was then read the second time by Alderman Foster.
Alderman Rovrtan then moved that said ordinance be now placed upon its final adoption;
motion was seconded by Alderrnan Garrison, and after due consideration thereof by said Council,
the Mayor put the question on the adoption of the motion, and upon the roll being called, the
following voteds
Aye: Glirtis Foster; C• H. Rowtan, R. L, Garrison, 0, I, Bollinger, ti. tt~ Morley, and
G. ld. McAuley,
Nay: None.
YYhereupon the Mayor declared the motion duly carried and said ordinance placed upon its
final reading and adoption.
Said ordinance eras read in full by Alderman McAuley, who moved its adoptiott seconded by
Alderman Foster, and after due consideration thereof b said C
question upon the adoption of said motion Y ouncil the Ma or
being called, the following voted= ~ and upon passage of said ordinance, andttheeroll
Ayes Curtis Foster, C. H. Rowtan, R. L, Garrison, 0. I. Bollinger, R, R, Mo
G, i~7. 1tiicAuley.
Nay: None. rley, and
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~~ Whereupon the Mayor called to the Council's attention that the ordinance, as adopted, contained
an emergency clause and suggested that specific action should be to}.en by the Council on this clause.
Shereupon motion was made by Alderman Bollinger and duly seconded by Alderman Rowtan that the
~~ emergency clause of said ordinance be adopted, and the roll being called, the following voted:
Ayes Curtis Foster, C. H. Rowtan, R. L. Garrison, 0. I. Bollinger, R. R. Morley, G. Yd. McAuley.
Nay: None.
Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed
his approval to said ordinance and the City Clerk eras directed to spread the same upon the record of
~, Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and
~ to number said ordinance No. 152.
ii
~, Said ordinance to which no amendment was offered read as follows:
ORDINANCE NUMBER 152
9N ORDItdAPdCE CALLING A SPECIAL ELECTION TO DETRMINE 'v~fiETH._F. THE CITY OF 1YEST MEMPHIS,
SHALL ISSUE BONDS FOR THE PURPOSE OF THE CONSTRUCTION OF A PUBLIC AUDITORIUM AND A
BUILDING FOR HOUSING FIRE FIGHTING APPARATUS AP1D/OR CONSTRUCTION OF ADDITION TO SEi-~F~
SYSTEM.
:'PFIEREAS, The City of West Memphis has outstanding ?35,000 principal amount of non-callable
bonds bearing interest at the rate of 4~ per annum, dated December 1, 1938, and maturing serially
on January 1, in the years 1949 to 1960, inclusive, which vrere approved by-the electors at a
special election held on the 25th day of October, 1938, under Amendment No. 13 to the Constitution
of Arkansas, and authorized by Ordinance No. 77 passed and approved on the 26th day of November,
1938, for the payment of which a special tax levy of five mills on the dollar was pledged, the limit
authorized by Amendment No. 13 to the Constitution of Arkansas; and
i'VHEREAS, becuase of the greatly increased assessed valuation in the City, the five mill tax
levy pledged for the payment of the said outstanding bonds is more than sufficient to pay their
principal and interest and a large surplus is accumulating each year; and the City proposed in
1947 to issue $50,000 of 4~ bonds under said Amendment No. 13 for the construction of a public
auditorium, and to pledge the said surplus for their payment, and a large ma3ority of the
electors voted in favor of the issue at a special election on the 10th day of June, 1947; and
WHEREAS, the City was en3oined by the courts from issuing the '~p`50,000 of bonds for the
auditorium for the reason that the whole of the five mill tax was pledged for payment of the
outstanding bonds and the said surplus could not be used for the proposed bonds for the
auditorium while the said bonds, dated December 1, 1938, were outstanding; and that as more
than five mills could not be levied under Amendment No. 13, the City had exhausted its power to
issue bonds; and
WHEREAS, the Council now finds that the City can refund the said $35,000 of outstanding bonds
under an arrangement with their owners by which they will exchange them for refunding bonds to be
issued by the City of alike par amount, bearing the same rate of interest, and having the same
maturities, on the understanding that they will be a part of an authorized issue of not to exceed
X110,000 of bonds of the City, all to be secured equally and ratably by a pledge of the five mill
tax•; and
WHEREAS, the Council now proposes to authorize the issuance of X50,000 of bonds for the
construction of a public auditorium, and an issue of X25,000 for the construction of an addional
building to house fire fighting apparatus and/or construction of addition to serJer system if they
are approved by the electors at the special election hereinafter called, and to combine them with
the said $35,000 of refunding bonds, making a total of $110,000; and
WHEREAS, by reason of the aforesaid arrangement with the owners of the said outstanding bonds,
the pledge of the whole five mill tax for the payruent of their bonds will be released, which will
permit a pledge of the whole five mill tax for payment equally and ratably of all of the X110,000
of bonds; and
WHEREAS, an election on the said X35,000 of refunding-bonds is not required under decisions of the
Supreme ~:ourt of Arkansas, but is required on the said X50,000 and X25,000 issues; and
'MiEREAS, The Council finds that the City is badly in need of the auditorium and the additional
building for housing fire fighting apparatus, and that the issuance of the proposed bonds will be
for the best interests of the City,
N01Y, THI~?EFORE, BE IT ORDAINED BY THE CITY r,OUNCIL OF THE CITY OF WEST MEMPHIS, ARKr1NSAS:
Section 1. An election is hereby called to be held at the usual polling places in the
City of West Memphis, on the 1st day of June, 1948, for the purpose of determining whether the
City of YYest Memphis shall issue the following negotiable bonds: $50,000 for the purpose of the
construction of a public auditorium, and $25,000 for the purpose of the construction of an
additional building for housing fire fighting apparatus and/or construction of additions to the
sewer system.
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Said bonds shall be payable as hereinafter set forth, bear interest at the rate of six per centum
(6~) per annum for the first year and four per centum (4~) per annum thereafter, and be dated June 1,
1948.
Section 2. jf the vote is favorable to both issues they will be combined in one issue, maturing
serially on January 1 in the amounts and years as follows
$3,000 in each of the years 1952 to 1954, inclusive
X3,500 in each of the years 1955 to 1957, inclusive
X4,000 in each of the years 1958 to 1960, inclusive
x$,000 in the years 1961 and 1962
X6,500 in the year 1963
X8,500 in each of the years 1964 to 1966, inclusive
X1,500 in the year 1967
If only one issue is approved the bonds will have the same maturity dates, though for proportionatdr
less amounts.
Section 3. 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 (Lt) times in some news-
paper published in the City of West Memphis, and having a bona fide circulation therein, the last
publication to be not less than ten days prior to the date of said election. The ballots for said
elaction shall be marked
"FOR Bond issue of 450,000 for the purpose of the construction of a public auditorium.
"AGAINST Bond issue of $50,000 for the purpose of the construction of a public auditorium.
"FOR Bond issue of X25,000 for the purpose of the construction of a building for the
housing of fire fighting apparatus and/or construction of additions to the sewer
system.
"AGAINST Bond issue of X25,000 for the purpose of the construction of a building for the
housing of fire fighting apparatus and/or construction of additions to the searer
system.
At the election only qualified voters of the City of West Memphis will have the right to vote.
Tho result of the election shall be proclaimed by the Mayor by publication in some newspaper published
in said City of West Memphis, Arkansas, and his proclamation shall advise the citizens and property
ownors 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 4. This ordinance shall take effect and be in force on and after its passage.
(Passed April 21, 1948)
i(-Ni(~Htit~t#iE#
The Building Inspector presented the building permits he had authorized to be issued. Motion
was made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of
the following building permitss
C. tiY. Caffee
Rex Cafe
Henry Williams
J. C. Purdom
Basseil Mills
S. L. Dees
~~ndrew Miller
','Pm. L. Johnson
~3uaranty Loan
~V. L. Jennings
Lonnie :surd
C. H. Patterson
Mid South Oil Co.
M. W, Brazzi].l
Betty Gates
Simon Cheatham
John Frazier
~~~ ,.
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Motion tivas made by
Alderman McAuley and seconded
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by Alderman Foster to approve, authorize,
ratify,
and or confirm a nent of the followin bills:
;I ~ P y1 g
'
Brady 3andera $40.40 Collector of Internal Revenue 9580.50 '1
'~, iYenry Palmer 30.88 Collector of Internal Revenue 44.40 i
Earlene Arnold 27.60 Otis Ball 15.00
John McOullar 36.00 Doyne Dodd 125.00
John Dabner 36.00 Jean hillencamp 112.50 i
I Ed Hudson 34.50 H, D. Holland 250.00 it
J. 'r, Ho]anes 38.63 H. E. Holland 30.00
' Fa.rly Pope
20.75 P. ~, Dacus 150.00
Clyde Hill
25.00 0, Coats
H. 25.00
'. John Vdells 23.00 Dayton Sackett 25,00
''; Sarah Smith 35.E Mt.'s. ~. B. Currie 35.00 ~
',~ W. E. McFall 40.00 C. 0'. Burrow 205.00
Walter C. Reynolds 21.50 G. G. Kietzman 300.00
Roberta Cole 16.80 W. H. Cushman 300.00
Brady Sanders 40.40 ~. H. Rowtan 10.00
Henry Palmer 32.15 G, W. '~cAuley 10.00
Earlene Arnold 29.70 Curtis 'r'oster 10.00 '
' J. H. Riggs Tractor Co. l}4.72 0. I. Bollinger 10.00 ~~
Sarah Y, Smith 3$.00 Ray L. Garrison 10.00 '!
John McCullar 33•~ R, R. Morley 10.00 ii
John Dabner 33.00 J. H. Spears 75.00 ,~
Ed Hudson 35.25 J, T. Ross 190.00 '.
J, 'P, Holmes 40.88 E. L. Phelps 160.00{~
Early pope 23.50 0, J. Hatton 215.00
~
'',j John Juells 23.50 Lewis Hathcock 160:00
Clyde Hill 27,25 J. r, ~^7right 230.00 'i
~', i'J, L, McFall 40.00 Mrs. J. F. "'Nright 27K,10
iNalter ". Reynolds 24.00 ChoTto
• 1
'~ Roberta Cole
24.00 Rogers
P,
'
0.00 '~
ud. A. Settles
~ 1.50 Merchants ~ Planters Bank 162.54 j~
~ V. W. Dunavant
' 1.50 S, E, Hatfield 15.00 'I
p, L, Ross 1.50 Merchants '~ Planters Bank 165.00
' M, M, goody 1.50 Cash 9.41 ;
ii R, H. Caffey 1.50 A. V. McFarland 40.00 !.
~~~i Adis Ball 1.50 ~Yalter C, Reynolds 24.00 ~~
~i V. V. Fuller 1.50 Roberta Cole 24.00
'~ 'N. I2. Seaton 1.50 Brady Sanders 40.40 j ~
~i Wm. Collins 1.50 henry Palmer 32.18
i Mrs, J~ F, ':fright 1.50 Earlene Arno-~d 29,70
''I J, F. lyright 1.50 C. xeece 25.00
','; Mrs. H. H. Holland 1.50 Sarah Y, Smith 35.00 '
',i Lucille Brasfield 1.50 John McCullar 33,00 I
N, H. Davidson
'~ 1.50 John Dabner 33•~ i
, Floyd Hope 1.50 Ld Hudson 36.75
'~ Levris Barton 4.00 J. T. Holmes 41.25
J. H. ~melung 4.00 Clyde Hill 29.70
J. E. Williford 4.00 Early Pope 23.50
I~ John Wells 23.75 ! {
Upon the matter being called to vote, the following voted:
Aye= Curtis Foster, 0. I. Bollinger, G, lV. McAuley, C. H. Rovrtan, R. L. Garrison, R, it. Morley.
Nays None.
No further business appearing, the meeting was adjourned.
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MAYOR
ATTESTS
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CLERK
APPROVED: MAY 5, 1948