May 5, 19481~ffNUTES OI' A REGULAR MEETING OF THE CITY COUNCIL OF WEST MEMPHIS
MAY 5~ ?948
The Council of the City of Jest Memphis in the County of Crittenden, State of Arkansas, 'i
~ met in a regular session at the City Hall in said City at 7;30 p,M, on the 5th day of May, 1948,
The meeting was called to order by the Mayor, and the roll being called. there weres
Presents P. Ind, Dacus in the chair and the following named Aldermen: Curtis Foster,
C. H. Rowton, O. I. Bollinger, R, R, Morley, R, L. Garrison, and G, ~Y, McAuley;
L'ity dttorney J. H. Spears and City Clerk H, O. Coats,
Absents Hone,
The folloroving proceedings were had to-wit:
Minutes of the meeting of the City council on April 21, 1948, Zvere read and approved.
An ordinance tivas introduced in tivriting and read in full by Alderman Morley,
Alderman McAuley moved that the rule requiring said ordinance to be read in full 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 Ldayor put the question on the adoption of said
motion, and the roll being tailed, the following voted:
Ayes Curtis Foster, C, H. Rowton, U. I, Bollinger, k, R. I~Gorley, R. L, Garrison, G. ~~. McAuley,
Nays 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 Rowton then moved that said ordinance be now placed upon its final adoption; motion
ti^ras seconded by alderman Morley, 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: Curtis Foster, ~. H. F.owton, 0, I. Bollinger, R, R, ldorley, R, L, Garrison, G, Fr. McAuley,
Nay: None.
'~Jhereupon the mayor declared the motion duly carried and said ordinance placed upon its final
reading and adoption.
Said ordinance was read in Hill by Alderman McAuley, who moved its adoption, seconded by
1~lderman Bollinger, and after due consideration thereof by said Council, the Mayor put the question
upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the
following voteds
Aye' Curtis Foster, C, H. Rowton, 0, I, Bollinger, R. R. P~lorley, R. L. Garrison, G, W. McAuley.
Nay: None.
thereupon 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.
Nhereupon motion was made by Alderman Bollinger and duly seconded by Alderman Morley that the emergency
clause of said ordinance be adopted, and the roll. being called, the following voted:
Ayes Curtis poster, C. H. Rowton, 0. I. Bollinger, R, R, }~dorley, R. L. Garrison, G. ~'~. 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 ivas directed to spread the same upon the record of
Ordinances of the City of }Nest Memphis, Arkansas, and to have same published as required by law, and
to number said ordinance No. 153.
Said ordinance to tivhich no amendment was offered read as followss
ORDIIJANCE IJO. 153
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 'aVEST MELU'HIS, ARIiANSASr
Section 1: That Ordinance Pto, 152 passed and approved on the 21st day of April, 1948, be`and the
same is, hereby repealed.
Section 2s This Ordinance being necessary for the immediate preservation of the public health and
safety of the citizens of :Nest Memphis, an emergency is declared to exist, and this Ordinance shall be
in full force and effect from and after its passage and approval,
P. M. DACUS
~`
H. 0, COATS
CITY CLERI:
passed and approved May 5, 1948,
!~ The Mayor next calla! attention to the proposed bond issue, and advised the Council that a proper
~' ordinance had been prepared by Mr. A. 1Y. Dobyns that Ordinance No. 152 passed and approved on the 21st
i~ day of April, 19L;8, did not meet the requirements of Mr. Dobyns, the attorney representing the bonding
'~ company, that it would be necessary that a new ordinance be passed properly authorizing a bond issue;
~I and he thereupon exhibited an ordinance which had been prepared by Mr. Dobyns, whereupon the ordinance
~'i was discussed and read in full by Alderman McAuley.
I,~ Alderman Foster moved that the rule requiring said ordinance to be read in full on three different
days be suspended, and that said ordinance be placed on its second reading; motion tivas seconded by
~I Alderman ktowton, and thereafter the Mayor put the question on the adoption of said motion, and the roll
'~ being called, the following voted:
'' Aye: Curtis Foster, C, H. Rowton, 0. I. Bollinger, R, R, Morley, R, L, Garrison, and G. W. McAuley.
~i
Nays None.
:~ ~~'~hereupon the Mayor declared the motion duly messed and said ordinance placed on its second reading.
The ordinance was then read the second time by Alderman Bollinger.
Alderman Morley then moved that said ordinance be now placed upon its final adoption; motion was
seconded by Alderman 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 voted:
Aye: Curtis Foster, C. H. Rowton, 0, I. Bollinger, R. R. +'lorley, R. L. Garrison, and G, ~+, McAuley.
Play: none.
VJ"hereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading
and adoption.
Said ordinance was read in full by Alderman Rowton, vrho moved its adoption, seconded by Alderman
McAuley, and after due consideration thereof by said Council, the Mayor put the question upon the
adoption of said motion, and upon the passage of said ordinance, and the roll being called, the following
voted:
Aye: Curtis Foster, C. H, nowton, 0. I. Bollinger, R. R. Morley, R, L. Garrison, and G. W. McHUley.
Nay: None,
Prhereupon 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 b~~ the Council on this clause.
whereupon motion was made by Alderman Rowton and duly seconded by Alderman Foster that the emergency
clause of said ordinance be adopted, and the roll being called, the following voted:
Ayes Curtis Foster, C. H. Rotivton, 0, I. Bollinger, R, R. i~orley, R. L. Garrison, and G, VV, McAuley.
Nay: None.
u`+'hereupon the kdayor declared said motion duly adopted and said ordinance duly passed, and signed
his approval to said ordinance and the City Cle rY, was directed to spread the same upon the record of
Ordinances of the City of '~Yest Memphis, Arkansas, and to have same published as required by law, and
to number said ordinance No. 15!1.
Said ordinance to which no amendment was offered read as follows:
ORDI<iA[dCE PiO, 154
AN ORDIf1A[dCE CALLING A SP'aCIAL ~,ECTION TO DETERb1IrlE '.VHI:THFR THn CITY OF NEST MrMPHIS, ARICAPiSAS,
SHALL ISSUE BONDS FOR THE PURPOSE OF THE CONSTRUCTIOPI OF A PiJBLIC AUDITORIUM; A BUILDING FOR
HO[iSING FIRE FIGHTING APPAIL~TUS; AND SE~J~i5
'~`JkiER:'sAS, the City of West Memphis has outstanding ~p35,000 principal amotmt of non-callable bonds
bearing interest at the rate of Lt;B per annum, dated December 1, 1936, 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 IIo. 77 passed and approved on the loth day of November, 1938, for the payment of which a
special tax levy of five mills on the dollar tivas pledged, the limit authorized by Amendment No. 13 to
the Constitution of ;ikansas; and
1YHEREAS, because 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 accurmzlating each year; and the City proposed in 19th to issue
$50,000 of lr~ bonds under said Amendment No. 13 for the construction of a public auditorium, and to
pledge the said surplus for their payment, and a large majority of the electors voted in favor of the
issue at a special election on the 10th day of June, 19!17; and
1'JHEREAS, the City was enjoined by the courts from issuing the ,j5U,000 of bonds for the auditorium
for the reason that the whole of the five mill tax '.vas pledged For payment of the outstanding bonds and
the said surplus co>11d not be used for the proposed bonds for the auditorium while the said bonds,
dated December 1, 1938, were outstanding; and that as more than five mills could not be levied under
Amendment PIo. 13, the City had exhausted its po:ver to issue bonds; and
_.
~~ ~
`I 'WHEREAS, the Council now finds that the City can refund the said x'35,000 of outstanding bonds
under an arrangement with their otivners by which they will exchange them for refunding bonds to be
~ issued by the City of alike par ~unount, bearing the same rate of interest, and having the same
~~ maturities, on the understanding that they will be a part of an authorized issue of not to exceed
X110,000 of bonds of the City, all to be secured equally and ratably by a pledge of the five mill
tax; and
~uVHEREAS, the Council now proposes to authorize the issuance of w50,000 of bonds for the
I' construction of a public auditorium, S$i5,000 for the construction of an additional building to
~I house fire fighting apparatus, and X10,000 for the construction of additional sewers, if they are
it approved by the electors at the special election hereinafter called, and to combine them with the
said X35,000 of refunding bonds, making a total of X110,000; and
V,iHEREAS, by reason of the aforesaid arrangement with the owners of the said outstanding bonds,
the pledge of the wl~iole five mill tax for the payment of their '.ponds will be released, tivhich will
permit a pledge of the whole five mill tax for payment equally and ratably of all of the }110,000
of bonds; and
IUHEREAS, an election on the said X35,000 of refunding bonds is not required under decisions of
the Supreme Court of Arkansas, but is required on the said X50,000, X615,000 and X10,000 issues; and
:Ji~REAS, the Council finds that the City is badly in need of the auditorium, the additional
building for housing fire fighting apparatus, and the additional sewers, and that the issuance of
the proposed bonds will be for the best interests of the City,
NOVV, Tliti3RE~RE, BE IT ORDAIN FD BY 'PHE CITY COUPICIL OF T1iE CITY OF WEST MELn'HIS, ARKANSAS:
Section 1. An election is hereby called to be held at the usual polling places in the City of
tVest Memphis, on the 15th day of June, 19l~9, for the purpose of determining whether the City of
':Jest Memphis shall issue the following negotiable bonds X50,000 for the purpose of the construction
of a public auditorium, $15,000 for the purpose of the construction of an additional building for
housing fire fighting apparatus, and X10,000 for the construction of additional sewers.
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,
19l~8.
Section 2. If the vote is favorable to all issues they will be combined in one issue, maturing
serially on January 1 in the amounts and years as follows:
X3,000 in each of the years 1952 to 195l~, inclusive
~3,5U0 in each of the years 1955 to 1957, inclusive
X4,000 in each of the years 1958 to 1960, inclusive
X5,000 in the years ]961 and 1962
X6,500 in the yaar 1963
X8,.500 in each of the years 1961 to 1966, inclusive
$61,500 in the year 1967
IF on1.y two issues are approved the bonds will be combined in one issue and have the same maturity
dates, though for proportionately less amounts. If only one issue is approved they will have the same
maturity dates, though for proportionately less amounts.
Section 3. paid election shall be conducted anti the votes thereat canvassed and the result thereof
declared under the law and in the manner now provided for mirniripal elections, and notice of said elect
ion shall be given by the Mayor by advertisement weekly for at least four (!~) times in some newspaper
published in the L'ity of LVest ~m~his, 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 election shall be
marked
"FOR Bond issue of ;650,000 for the purpose of
the construction of a public auditorium.
'AGAINST Bond issue of $650,000 for the purpose of
the construction of a public auditorium.
" OR Bond issue of X15,000 for the purpose of
the construction of a building for the
housing of fire fighting apparatus.
"AGAINST Bond issue of ;715,000 for the purpose of
the construction of a building for the
housing of fire fighting apparatus.
°rOR Bond issue of ~6LO,000 for the purpose of the
construction of additional sewers.
"AGAINST Bond issue of ,10,000 for the purpose of
the construction of additional se~;vers.
At the election only qualified •roters of the City of 'Jest ~'lemphis will have the right to vote. The
result of the election shall be proclaimed by the PQayor by publication in some newspaper published in
said City of '+'~est Memphis, Arkansas, and his proclamation shall advise the citizens and property owners
of said City that the result ..^..s proclaimed will be conclusive unless attacked in the courts within
thirty (30) days after the date of such proclamation.
Section !a. All ordinance in conflict herewith, and particularly Ordinance 1'~0. 152 passed and
approved april 21, 19k8, be, and they are hereby are repealed.
Section 5. This ordinance shall take effect and be in force on and after its passage,
APPROVED: P, Pd. DACUS
ATTESTS H. O, COATS
TYG~~CLERF~
PASSED: PdAY 5, 19l~8
Mayor Dacus advised the Council that the term of Toney Peters as Commissioner for Light and
~~Vater Commission had expired and that he recommended that Mr. Peters be re-appointed as a member of
the Commission for a term of four years.
Thereupon, Klderrnan Morley made the following motion: That the appointment of Toney Peters by
the Mayor for a term of four years on the Light and ?'Eater Commission be approved. The motion was
seconded by Alderman McAuley, and upon the matter being called to vote, the following voted=
Aye: Curtis Foster, C, H. Rowton, 0, I, Bollinger, R. R. Morley, R. L. Garrison, and G, i4, uioAuley,
Nay: bane.
Due to the proposed city plan and building code the necessity for an active Planning Commission was
discussed. 'thereupon the following tivere appointed as members of the Planning Commissions
T, tt, Green
R. R. Morley
P. McClanahan
C. F. Sisco
E. J. ti~hite
0, I, Bollinger
J. C. Johnson
Jack Rich
Thereupon motion ~rras made passed and adopted approving the appointments.
According to Ordinance No, 134 the term of appointment of 1 year for L. H. Polk as member of
the Recreation Commission had expired „thereupon Mayor llacus advised tYie Council that hemrecommended
the re-appointment of L, H. Polk as a member of the Recreation Commission for a term of five years.
The following motion was made by Alderman Bollinger That the appointment of L. H. Polk by the
Mayor for a term of live years on the Recreation Commission be approved. The motion was seconded by
hlderman Morley, and upon the matter being called to vote, the following voted:
Aye: tlzrtis Foster, C, H. Rowton, 0. I. Bollinger, R. R. Morley, R. L. Garrison, and G. ~~. McAuley.
Nay: None.
City Clerk H. 0, Coats, vvho is also a member of the Recreation Commission made a report to the
Council on the plans of the Commission for the 19118 softball season.
Mayor Dacus advised the Council that the Board for Examining and Licensing Electricians was
appointed for one year and that at this time it would be necessary to appoint members for the Board.
'thereupon mayor Dacus recommended the appointment of 1. L, "wens, Fred Rose, J. D. Lo~,wz~ie and
G. G. Kietz:nan as members for the Board for Examining and Licensing Electricians for a term of one
year.
The following motion was made by Alderman `Morley that the appointment of members of the Board for
Licensing and Examining Electricians made by the Mayor be approved. The motion was seconded by Alderman
+~cAuley, and upon the matter being called to vote, the following voted:
Aye: Curtis Foster, C. Ii, Rolrton, ~. I. Bollinger, R. R. Y,torley, R, L, Garrison, and G. ''+u, McAuley.
Nay: None.
The procedure For creating tiie proposed Drainage District was discussed, and the f'ollotiring motion
was made by alderman Morleys That the Pvlayor be authorized to secure three sigrratures on the Petition
to present to the County Judge of Crittenden County in order to start the formation of the drainage
district. The motion was seconded by Alderman Rowton, and upon the matter being called to vote, the
following voted:
Ayes Curtis Foster, C, H, iLowton, 0, I, Bollinger, R. R, pdorley, R. L, Garrison, and G, '~u, ~`ctiuley.
Nay; none.
discusr• Frank Bennington, Secretary of the ~rorthington Park Civic Club, met tivith the Council to f
s the arkin on one side of the street in the S bd' C
p g u ivl.sion, he advised the ouncil that a
house to house canvass had been made in the subdivision on the parking question and that a majority ''
of the residents of the area were in favor of parking on one side of the street only,
i
Mayor Dacus appointed Nix. Dennington and Alderman Garrison to meet with the City Attorney to
j prepare an ordinance on parking to be presented at the next Council Meeting.
!ii The speed limits of 15 mph in the ~rorthinbton Park subdivision bras discussed and City Attorney
~ spears advised that the speed limit of 25 mph rras set by the Statutes of the State of Arkansas.
~ Chief 1~olland eras then ordered to strictly enforce this speed limit and that signs would be placed
II in the subdivision advising motorists of this speed limit,
~'' Motion eras made by Alderman Corley that a salar,~ of ~n50.00 per month be paid ~'~r. L. ~'. Bernhard
~ as Clerk for the City of rest P.4emphi.s.
The motion was seconded by tilder:nan Garrison, and upon the matter being; tailed to vote, the
;~ following voted:
Aye= Curtis Foster, C, H, Rowton, U. I, Bollinger, R. R. Inorley, R. L,~Garrison, and G. ~r. &?cAuley
Nay: Dlone.
Mayor Dacus advised the Council that the ~'lanning Commission at a meeting at 3 p.I~, Ir1ay 5th had
recommended that a permit be issued for a tocsist court by C, B, Smith, who had made application, After
discussion of the matter, it eras decided to delay- action on the application until an adjourned meeting
of the Council in order to allovr additional time to study the application.
The Building Inspector presented the building permits he had authorized to be issued, I<iction was
made, passed, and adopted to confirm the actions of the Building Inspector in the issuance o£ the follow
ing building permits:
I,7, C, Baratti
James Johnson
I+lary Catching
~rgene J. Davis
S. J, Flrrst
J. ~~. Taylor
George '~ansel
Sarah P. riragg
~. B, Currie
P, ~, Dacus
i;, Denson
F'. ~. Benson
Scott-Senhauser_
J , r', l^Tri gh t
Idecy l~Vallace
Ma~?gie Sledge
i~arr Catchings
I'Aar;,r Catc::ings
Delta Furniture Co.
r'annie Rollins
Motion eras made by r"alderman ftov;ton and seconded by t~lderman Bollinger to approve, authorize,
ratify, and/or confirm payment of the follovrin~ bills:
A. ~. ~+cFarland A4U.40 Crittenden County Times X81.03
~ralter C. Reynolds 9.60 Bob Duncan 8.60
Roberta Cole 9.60 Fanners Supply Co. 9.73
Charlie Knox, Jr. 9.60 Fanners Supply Co. 1.80
Merchants and Planters Bank 207.30 C, V, Gomlvri.n 15,00
Sarah Y, ~mi.th 35,00 L. P. Harless Co. 134.75
John QcCullar 33.00 Johnson _nuto Co. 95.62
John Dabner 33.00 Leggett Esso Servicenter 19,91
L'd Hudson 35.25 Memphis i'ublishing Co. 7.68
J. T, Holmes 39.00 Midwestern ~~anufacturing Co. 122.76
Clyde Hill 28.?_0 Miss. Pacific kailroad Oo. 323.75
John ticells 23,50 McTyier Radio Supply 12.50
Brady Sanders 40,40 McCaa Chevrolet Co. 45.98
IYenry Palmer 29.90 McCaa Chevrolet Co. 6.1,2
arlena Arnold 27,90 J. «, Riggs Tractor Co. 1x2
97
C. Reece 15,00 Tovmsend & Townsend .
350.00
J. L, Blackwood 15.00 Southvrestern Bell Te]_ephone 73.19
Bell-Chapman ~'qt. Co. 105.14 v, C, Toof ~ Oo. 4.55
Bell-Chapman r~qt. Co. 17.09 Charles J, Upton 55.00
Bragg t~uto Co, 8.91 Never and Riehl motor Co. 9,60
Bragg Auto Co. 7,13 ~:;allin-Dic};ey ~ Hich l~8.41
Eil-Roy Service Station 20.115 T'r. M. Appliance Co. 7,34
Eovrers and Yrood Co. 6.90 Y, i,., ~ippliance Co. 6,58
Bo~,vers and ;"rood fielding Co, 12.70 ~+, I.,, Lumber Co. 24.84
Mid-South Oil Co. 44.16 -~sso atandard Oil Co. 85.[2
Central Service Station 5.85 Esso Standard Oil Co. 181,56
Chalmers Motor Co. 87.07 lr, Iul, r'ire Department 252.00
Commercial Printing Co. 32.03 Klindvrorth Insurance Agency 187.50
-
~. P. Sides, Jr. ... .
~60.U0
i 1°'cCaa Chevrolet Co. 16.50
Cross County Gravel Co. 340.80
' Choctaw, inc. !176.85
p, V, i+tcFarland lr5.00
Charlie Knox, Jr. 21.60
Will Thompson 10.80
'; Johnnie "ee Smith 13.50
John McCullar 33.00
I, John Dabner 33.00
:'~~ Ed Hudson 36.75
J. T. Holmes 10.50
Clyde Hill 30.60
John Yells 23.50
Early Pope !17.00
Henry Saunders 35.00
Sarah smith 35.00
0. N, Sides, Jr. 60.00
Brady Sanders 110.110
' Henry Palmer 35.!13
Erlene Arnold 32.70
J. L. Blac}avood 35.00
Motion ivas made and passed to adjourn the meeting until 12 o~clock, Saturday, May 8, 19118.
~,~ L ~~
MAYOR
ATTEST:
~/i.
.. ~~ 3
CITY `CLERK
APPROVED: MAY 19, 19!18