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April 21, 1948MIfNTES OF A REGULAR b~ETING OF THE CITv COUNCIL OF 1YEST MEMPHIS APRIL 21, 1948 __ _. ___ u 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. !~ i 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: __ f 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 1~~ __ . _.. ~~ 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. 12 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 ~~~ ,. _ __ Motion tivas made by Alderman McAuley and seconded __ _ _ _ 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. ~~- MAYOR ATTESTS ~~~~ l ~- _ ~- ~ ~~ ~ " ~! CLERK APPROVED: MAY 5, 1948