September 8, 19481~~~
P~",IAIUTES Oc HN AL'JGURN:.D l:~3`PING OF THi's CI`?'Y CQ?JtIi~IL OB 'dJi~ST T,~1EhII'HIS
SLPT~I~i 8, 19Li8
_.
~~
The City Council of the City ofJest Memphis in the County of Crittenden, State of Arkansas,
met in an adjourned session at the City Hal]. in said City at 7;30 P.tl. on the 8th day of September,
1948, pursuant to an adjournment of September 1, 191x8.
The meeting :-ras called to order by the lutayor and upon the roll being called there were=
Present: P. M. Dacus in the chair, and the following named Aldermen: R, R, i.?orle;;~,
C. H, No~~rton, Q, I. Bollinf;er, and Curtis roster; and City Attorney J. H, Spears
and City Clerk i;, 0. Coats.
Absent: Kldermen G. :!, p.ic~?uley and R. L, „earri.son.
It bein[; determined a i{ucrutn rr.:> present, t?~.F: r'ollovrin~; proceedings were had and held, to-va:it:
Minutes of the meetings of nu;,Yust 2rt1. and Sel_~temher 1st, mere read and approved.
The Idayor reco~rized the members o.f the Hulbert=ydest A4emphi.s School Board and the Sup~.riretendent
of the Hulbert-iyest 1~lemphis School and announced that the purpose of the meeting was to discuss the
proposed Lease Agreement between the= City of best l~lemphis and the Hulbert-;Jest Tdemnhi.s Schoo]. ilistrict..
The Lease :vas read and discussed, and it. was announced by Ilm. H. Iiundhausen, President of liulbert-
';Jest Memphis School yoard that the Lease in its present form ,vas acc:eptabla to the School. Board. The
T~layor further advised the Counci 1 that to tivas in receipt of a letter from T.1x'. A. '.i, Doblms dated
September 1t, 1918, approving the form of Lease as read.
Thereupon the following iiesolution wars introduced by ~aclerman Bollinger:
RESOLU TIQr1P?O.1Cj
BE IT R'~`'GLVED, by the City Council. of the C~.ty of guest 1'~Iemphi.s, Arkansas, as follo.vs;
SECTIGDI 1. `Phut the 1~layor and amity Clerk be acrd they are hereb~~ authorized and directed to
execute on behalf of the L"ity a lease tiv2t17 Hulbert=,~est Memphis School Listrict of Crittenden
County in the follow~np, form, and also to e?.e cute the acknoro°ledgment on the form at the end;
t\GRli;IJ;?~~?T OF LEASIE
THIS 1T?rEfl?'URE, made on the 8th day of September, 1948, by ~nc9 between ITULB?RT-'rdEST Nt;Ir"I'HIS
SCHWL DISTF.ICT (herei.nafter called the ~~Lessor") and the CITY 0i' ';91ST B6~GPHIS, ARKADISAS,
(Hereinafter called the "Lessee~~), 'c'~ZTT?LSSETH:
6'VH>•,R'?AS, the Lessor has no building suitable for an auditorium which it needs for school
a.tivities, and is yvithout funds to construct the same, but has suitable land upon ti,~hich one
could be situated; while the Lessee will have funds to construct the: auditorium which it needs
f'~r the public, but has not suitable land upon which it could be situated; and
tVI~REAS, it will be to the mutual advantage of the Lessor and the Lessee that the Lessor
lease to the Lessee the land hereinafter described for the purpose hereinafter mentioned;
N04V, THIs'REFORE, the Lessor, in consideration of the construction by the Lessee on the land
hereinafter described of a building suitable for use by the Lessor as an auditorium and of the
a;reernents, conditions, covenants and terms hereinafter set out, hereby dem~.ses and leases to
the Lessee, and the Lessee hereby takes and hirs~s from the Lessor, the following lands situated
in the City of west ivlemphis, Crittenden County, State of Nrkansas;
Comr~encing at the center of ..Section T:velve (12), Torovnship
Six (6) firth, Range right (8) Last; thence North
along the center line of said Section Tvrelve (12),
425.15 feet to its intersection with the South line
of Gibson Avenue; thence Plorth 88 degrees 28 minutes
East along the South lin? of said ~sibson Avenue 82,25
feet for the point of beginning; thence South 1 degree
32 minutes i;,ast, 112.2 feet to a point; thence forth
88 degrees 28 minutes East 92.6 feet to a point; thence
North 1 degree 32 minutes 6Vest, 112.2 feet to a point
on the South line of said. Gibson tvenue; thence South
88 degrees 28 minutes !'lest, along the said South line
of ~bson P.venue 92.6 feet to the point of beginning,
located in Bloclc "I" of the Lyndon Addition to West
Memphis, Arkansas, and being a part of the southwest
quarter (SW-1/1l) of the plortheast ~~uarter (NE-1/1~) of
Section Twelve (12), Tovrnship Six (6) Tdorth, :Range
Eight (8) Last, Crittenden County, Arkansas.
TO HAV~~ AND TU HOLD the said described premises for the term of ninety-nine ('y9) years,
commencing at noon on the first day of July, 1948, together with the right of ingress to
and egress from the same over tho adjacent land of the Lessor when necessary to the use thereof,
reserving, however, the part of said land not occupied by the auditorium building bo itself for
school purposes.
It is hereby mutually covenanted and agreed that this indenture: is made upon the following
agreements, conditions, covenants quid terms;
1. The Lessee shall construct on the land above described an auditorium building in
accoz•dance tivith plans, specifications and estimates of cost prepared by Claude Northern,
Architect, and now on .file in the office of the City Clerk of ;^fest lutemphis, Arkansas.
I
2. The Lessee sha].1 pay the cost of such furniture, fixtures and equipment in that ~~
part of the building to be devoted to an auditorium as it shall deem necessary; while the ~i
Lessor shall pay the cost of furnishing and equipping the rooms ad~oininp the auditorium as
it shall deem necessary.
3. The Lessee shall be entitled to the use of the auditorium building for any reasonable
public purpose, free of charge, when its use is not reasonably required by the Lessor. Each
party may fix and retain charges for admission to activities sponsored by it, but when the
auditorium is used for activities sponsored by parties other tYran the parties to this lease
agreement, the Lessee shall be entitled to fix and retain such charges for the use of the
auditorium, but in such event the Lessee shall pay all expenses of li=hting and heating the
building during such use and the cost of cleaning it thereafter.
1~• Neither party shall use the auditorium for any activity not approved by the other.
5. The Lessor shall keep the auditorium building; and all furniture and equipment
therein constantly insured against loss by fire, tornado and lightning for the full
insurable value thereof. In case of total loss the Lessee may, ii it desires, rebuild it;
otherwise, this least shall terminate. If the Lessor shall tail to pay the insurance prenuums
when due, the Lessee may do so and charge it to the Lessor. The insuran:e policy or policies
shall carry a loss payable clause to the Less::e as its interest may appear.
o. The Lessor shall manage, operate, maintain and keep the building in a good state of
repair at its expense; and if the Lessor fails to keep it in good repair, the Lessee may do so
and charge the cost to the Lessor.
7. The Lessor shall adopt such rules and regulations as it deems necessary and expedient
for the proper operation and management of the auditorium building.
8. hither party may make any alterations at its expense when approved by the other.
9. The Lessor shall pay all taxes or assessments that might be assessed against the said
land and the auditorium building.
'.VITNESS our ]lands and seals this 8th day of September, 1948.
HULB~i,T-1'JEST Il~N.g'HIS SCHOOL DISTRICT
BY/5/ ti`s. x. Y~tmrDt~AUSF~N
Pres en
and /s/ J. O. SFCTTS
(3ea1) Secretary
CITY OF 'dVr;ST MEP:4PHI5, ARKANSAS
By/s/ P. A4. DACUS
Mayor
Attest;
/s/ H. O. COATS
Ci y er
( S~:al )
AC KNCWLED GPdEPJ T
--------------
STATE OF ARKANSAS )
ss.
COUPITY OF CRITTI,rIDEN )
Orr this 8th day of September, 1948, before me, Margueritte B. Held, a Notary Public, duly
comnzi.ssioned, qualified and acting, within and for said County and State appeared in person the
within named P. M. Dacus and H. C. Coats, lrlayor and City Clerk, respectively, of the City of
+est ~+emphis to me personally well known, who stated that they vwere duly authorized in their
res?ective capacities to execute the foregoing instrument for and in the name and behalf of said.
City of !`lest Memphis, and further stated and acknowledged that they had so signed, e_~ecuted and
delivered said foregoing instrument for the consideration, uses and nurnoses therein mentioned
and set forth.
I?I T^STI:JICPIY :JII:REOF, I have hereunto set my hand and official seal this ~3th day of
September, 19118.
Notary is
bey commission Expires;
June 1, 1949
I
i,
~) STATr OF ARKMISAS )
ss
COtf?~1TY OF CRIT'?'~;fIDEN)
A C K Td 0 VJL E D G M E Pd T
--------------
On this day before me, the undersi died, a Notary Public within and for the county and state
I~ aforesaid, duly commissioned, qualified and acting, appeared in person the within named Hul.bert-
~, PJest Mamphis School District, by .Jilliam H. Nundhausen, its President, to me personally well known
j! as such, also by J. 0. Spotts, its Secretary, to me personally well known as such, being the
I persons authorized by said District to execute the foregoing instrument, stating that they are the
,~ President and Secretary of said District, duly created under the laws of the State of hrkansas,
jl and that they are duly authorized in their respective capacities to execute the foreF^oing instru-
ment for and in the name and behalf of said District, and further stated and acknotirledged that
!, they have so sihned, executed and delivered said foregoing instrument for the consideration, uses
Ij and purposes therein mentioned and sat forth.
191a a .
IV 1s1TNSSS ':~IIi?.RFsOF I have hereunto set my hand and official seal, this t}th day of September,
PJotary ubli.c
My Cormnission Expires:
June 1, ly1~y
S3CTION 2, It is ascertained and declared that the halls in the City i~rhere the public
assemb-Les for meetings ara unsanitary and not fireproof, ,rhich is a menace to the safety of the
health and lives of the inhabitants of the City, and it is imperative that the proposed auditorium
be constructed promptly; and that for said reason it is necessary for t?;e preservation of the
public peace, health, and safety that this resolut~..on take ef'fe:t rrit.hout delay. An emergency is
therefore declared t,o exist and this resolut.-ion shall be in force from and after its passage.
PASSED September 8, 194$
APPROU1sD:
ATT~ST:
City Clerk
;aarc-;:3; =;y:-;;~;-it
Alderman Morley moved that the rule requiring tiie Resolution to be read in fu_11 on three
different days be suspended, tivhich motion rugs seconded by Alderman iiowton; and upon. roll call
the following; members of the Council present voted:
Ayes Curtis Foster, R. R. Morley, C. H. Rowton, 0. I. Bollinger.
Nay: ?lone.
Thereupon, Alderman °ot~aton moved the adoption of the Resolution, which was seconded by
Alderman Foster; and. upon roll call the following members of the Council present voted:
Aye: `~irtis Foster, R. R. Morley, C. H, ltolrton, and 0. I. Boll.in;;er.
Nay: None.
Alderman Bollinge~• moved. that Section 2, the emergency clause, be adopted; tiahich motion ~:~as
seconded by alderman Pdlorley, and upon ro].lcall ,lie follo~oing member: of the Council present voted:
Aire: Curtis Foster, lt. R. 1~4orley, C. H. ??otvton, and ~. I. Bollinger.
Nays iVone.
Thereupon, the Mayor announced that the Resolution had been duly adopted and was now in effect
and that it be numbered 105.
Mayor Dacus read the f ollowring Petition to the City L'ouncil, the Petition had been presented
to him by the iviemphis=Nest Memphis Transfer Company.
Pl's'PITIUtd
T0; City Council
City of 7r'est Memphis, Arkansas
~'etition is hereb;,~ made to do intra-city businE>.ss over routes nowr operated in the City of
.rest Memphis, Arkansas, which are as follows:
Our buses are novr being operated over Highway No. 7O from the Eastern City Limits of the
City of 'west ~kmphis to the Junction of Highiaays 61-70; thence over Highway Ito. hl to Dacus 1vIi11
and return. Our buses are being operated over these highuvays (Streets of ;hst Memphis) each
twenty minutes and the benefits to the citizens of 17est lismphis of this bus service are being
deni~:d your citizens for the reason that th~:se buses are operated over t:heae hi~~hways ("treets)
on a closed door basis.
If this permit>sion granted, your citizens will have the benefit oi' t.lie follo,ring se~rvices~
(a) The most frequen, and re~zlar birs service available to the citizens of .Vest r`llemphis.
(b) Schedules bein,_, operated ar+: the mss t convenient ?'or people living in ':`Test Memphis,
Arkansas, and tivorkin; in I~tIemphis, Tennessee, and ,,^oin~~ and returning from work,
(c) ThPSe buses being operated twenty hours per cay, acrd this is the only service available
a good portion of this time.
(d) Services availa'~le from your petitioner are the only services rendered b;r Standard City
Type Coaches with front and rear entrances as provided in your Nranchise Ordinance.
(e) Only cit~r type service reo larly and systematically operated and supervised.
(f) Only service that renders stop-over service bet,°,veen '.';eat P~4em~hs, Arkansas, and Memphis,
Tennessee.
Your netiti.oner has more than one request dail~* for tire service proposed to be operated. ror
this reason your petitioner thinks this serdice is demanded by your citizens of I9est 1'r'emphis; there-
_'ore, this Petition is made to comply ~yith the popular request of ~rour citi:.ens fcr this service.
Your petitioner further proposes to operate other economical and feasible routes aver the
amity of vest idemphis and to e:,cpand that service as rapidly as the demand appears.
Respectfully subrni.tted
I;~.=PHIS-stEST ?~Il3?~HIS TP.e1IISF:~ COMPANY
MA?IAG'~R!
After discussion cf the matter, motion was made, passed, and adopted authorizing the
City Attorney to issue a Citation Order to the ;'test x~:mphis Transportation Company.
lviayor Dacus advised the Council that Idrs. E. B. Hicks had contacted him again in regard
to the use of the cornrnunity house for a kindergarten for a period of 3o days.
After discussion of the matter, motion was made, passed, and adopted granted tars. Hicks
permission to use the com;nunity house irr the mornins for a kindergarten for a period of
30 days.
IJo further business aiipearing, the meeting iras adjourned. ~~ ~,/~
ATT3ST:
Ci.,P'.Rii
APPROV;~: CCTOI3'',R 6, 19lrEI