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November 3, 19481J~ MIPJUTi:S OF n kr~GUi,Att MEF;'fING OF THE CITY COUNCIL OF WEST MErdPHI5, ARKADISAS - -_:. _ __ _. _ _ _ NOVF.~ZBF,R_ 3, x.948,_ The Council of the City of West 'Wemphia in the County of i~ittenden, State of Arkansas, mat in a regular session at the City Hall in said City at 7:30 P.M. on the 3rd day of November, 1948. The meeting was called to order by the Mayor, and the ro71 being called there wares Presents P. M. Dacus in the chair and the following named Aldermen= Curtis Foster, G. ~'J. McAuley, C. H. Rowton, R. L, garrison, R. R. Morley, and 0. I. Bollin gar. Absents None. The following proceedings were had to-wit= Minutes of d~eeting of October 20th vrere read and approved. The following petition was presented to the L'ouncil by Mrs. Roy Curtis, who was present at the meetings We, the undersigned, demand that the City Council of the City of West Memphis, Crittenden County, Arkansas, take ouch steps as may be necessary. to abate the nuisance and fire hazards caused by junk placed on the land of 1~r. C. H. Patterson at the place known as Vlest I~demphis Used Auto parts located on Highway 70 between 9th and 10th Streets in said City. Mrs. Roy Curtis ('Bil-Roy Hotel) Nam Lum (Lumps Gro) Mrs. Rose Kaplan William Kaplan (,Bill's Liquor Store) Sam Kaplan Abe Simkin (Simkin 5 & 10) McBaratti (Liberty Cash Groc.) C. B. Penny (Barham's Clothing Co,) V. R. holey Odis Bail G. tit. McAuley (McAuley ~~holesale) Eddie Neal (.Property owners next to us-name is Eddie Neal ~~Nig~') Rosie Neal ( y~ife ) (Eddie Neal says there is rats out there as large as opposs~~ms, also he would be glad to tear down and clean out his old houses and all junk cleaned up the people or city would make Mr. Patterson do away with his junk) ~~~~tt After discussion of the matter the City Attorney was instructed to advise Mr. Patterson that he would be given a period of 60 days to clean his property of the nuisance. The City Attorney was also instructed to start proceedings against L. C. North as he had been advised on numerous occasions to clean his property and had promised to do so but to date had not done so. Mayor Dacus next announced that Notice had been published of a hearing to be had on a Petition to vacate portions of Eighteenth Street, Nineteenth Street, Twentieth Street and Twenty-first Street, Harrison Avenue and Van Buren Avenue in the George T. Kendal addition to the City of 1"~fest Memphis, Arkansas. On examination of the Proof of Publication it appear®d that the Notice had been properly published, thereupon, the Mayor requested any objectors to the vacation of the portions of said streets to come forward. No one appearing to object, and after a discussion of the matter with fir. Abbott VViddicombe, President of 1'tm. L. Johnson Co. Inc. and Mr. John Fogleman, Attorney for said Company, on the easement at the rear of the lots in the Creatmere Subdivision it vras agreed by those present that a 15 foot easement would be granted. Thereupon, an ordinance was introduced in writing and read in full by Al derman McAuley. Alderman Rowton moved that the rule requiring said ordinance to be read in Hill on three different days be suspended, and that. said ordinance be placed on its second reading; motion was seconded by Alderman Bollinger, and .thereafter the 1~ayor put the question on the adoption of said motion, and the roll being called, the following voted= Ayej Curtis Foster, G. YY. McAuley, 0. I. Bollinger, C. H. Rowton, R. R, Marley, and R. L. Garrison Nay= None. .thereupon the Mayor declared the motion duly passed and said ordinance placed on its seoond reading. The ordinance was then read the second time by Alderman Garrison. ' Alderman 3o7.linger then moved that said ordinance be now placed upon its final adoption; motion was 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 followin g voted= A.ye' Curtis Fos tor, G. .t. McAuley, O. I. Bollinger, ^. i?. Rowton, R. R, PROrley, and R. L. ^arrison Nay= None. lthereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. -- - ~:_ -_.-_ - --' - _... - .. __..~ ._ ,..:.:. _ _-:_:_. -::.:_: .--.-.~_. _.-- - it _..._ Said ordinance was read in full by Alderman Foster, who 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 passage of said ordinance, and the roll being called, the following voted: Ayes Curtis Foster, G. VV. McAuley, 0. I. Bollinger, C. H. Rowton, R. 1•. Garrison, and R. R. Morley. Nays None. lNhersupon the Mayor called to the Councils attention that the ordinance as adopted contained an emergency clause and suggested that specific action should be taken by the Council on this elauae. Whereupon motion rouse made by Alderman Morley and duly seconded by Alderman Garrison that the emergency clause of said ordinance be adopted, and the roll being called, the following voteds Ayes Curtis Foster, 6. }'V. McAuley, 0. I. Bollinger, C. H. Rowton, R. b. Garrison, and R. R. Morley. Nay= None. Whereupon the Mayor declared said motion duly adopted anti said ordinance duly passed, and signed his approval to said ordinance and the p.ty Clerk was directed to spread the same upon the recor3 of Ordinances of the City of VVest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 158. Said ordinance to which no amendment ~^ras offered read as follovrs: ORDINANCE N0. 15$ VVH?~23AS, a petition was duly filed with the city council of the City of West Memphis, Arkansas, on the ]s t day of September, 191c8, asking the city council to vacate and abandon portions of certain streets and avenues shown on plats of the George T. Kendal addition to the Town know City) of }Vest Memphis, Arkansas, of record in the office of the Circuit Clerk and Recorder of Crittenden County, Arkansas, said streets and avenues being known as Eighteenth, Nineteenth, Twentieth and Twenty-first streets and Harrison Avernxe and Van Buren Avenue, the portion3 of said streets sought to be vacated being specifically described as follows, to-wit: Harrison Avenue from the East side of Eighteenth Street to the Drainage canal along the present Eastern city limits of the City of ~Yest Memphis. Van iSurean Avenue from the Last side of Eighteenth Street to the Drainage canal along the present Eastern City limits of the City of West Memphis. Eighteenth Street from the North side of Harrison Avenue to the south side of Van ~lren Avenue. Nineteenth Street from the north side of Harrison Avenue to the south side of Van Buren avenue. Tvrentisth Street from the north side of Harrison avenue to the south side of Van Buren Avenue. Twenty-first Street from the north side of Harrison Avenue to the south side of Van Buren Avenue. and said streets and alleys being designated on plats of record in Plat Book One, pages 4 and 5, Plat Book One, page 75, Plat Book One, page 119 and Plat Book One, Page 198 in the office of the Recor<er of Crittenden County, Arkansas. VVflER':AS, after due notices as required by law, the council has, at the time and place mentioned in the notice, heard all persons desiring to behead on the question and has ascertained that the streets and avenues or the protions thereof, hereinabove described, has heretofore been dedicated to the public use as a street or streets and avenues herein described; have not been actually used by the public generally for a period of at least five years subsequent to the filiMg of the plat; that all the owners of the property abutting upon the portions of the streets and avenues to be vacated have filed with the council their written consent to suctr abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such portions of said streets and avenues. !d0}Y, TH:~EtEFORE, be it ordained by the city council of the City of West Memphis, Arkansans SECTION 1. The City of West Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in an<i to the portions of certain streets and avenues designated as follows: Harrison Avenue from the east side of Eighteenth Street to the drainage canal along the present Eastern city limits of the City of West Memphis. Van Buren Avenue from the East side of Eighteenth Street bo the drainage canal along the present Eastern city limits of the City of }gent Memphis. Eighteenth Street from the north side of Harrison Avenue to the south side of Van Buren Avenue. 20: Nineteenth Street from the north side of Harrison Avenue to the south side of Van Buren Avenue. Twentieth Street from the north side of Harrison Avenue to the south side of Van Buren Avenue. Twenty-first Street from the north side of Harrison Avenue to the south side of Van Buren Avenu®. said streets and avenues being shown on plats of record in Plat Book Cale, pages,l~ and 5, Plat u Book One, page 75, plat Book Cne, page 119 and Plat Book One, page 198 in the office of the Recorder of Crittenden County, Arkansas. SECTION 2. A copy of the ordinance duly certified by the city clerk shall be filed in the office of the recorder of the county and recorded in the dead records of the county. SECTION 3. This ordinance shall take effect and be in force from and after its passage. #iHHHHf~#iHHP The City Attorney advised the Council that an ordinance providing for the payment of the extension of the sewer system to Eighteenth and Twentieth Streets had been prepared by the Council at a meeting on October 6th. Thereupon, the ordinance was introduced in writing and read in full by Alderman Rowton. Alderman Morley moved that the rule requiring said ordinance to be read in fu11'~on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded by Alderman Garrison, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voteds Aye= Curtis Foster, G. W. ~°cAuley, 0. I. Bollinger, C. H. Rowton, R. L. Garrison, and R. R, Morley. Nayt None. ~~heroupon the Mayor declared the motion duly passed and said ordinance placed on its wend reading. The ordinance was then read the second time by Alderman McAuley. Alderman Bollinger then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Foster, 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, G. 17. Mc.luley, ~. I. Bollinger, C. H. Rowton, R. L,. Garrison, and R. R. Morley. Nay= None. Whereupon 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 Morley, who moved its adoption, seconded by "lderman Rowton, 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, G. W. McAuley, 0. I. Bollinger, C. }i, Rowton, R. L. Garrison, and R. n. Morley. Nays None. ti'Vhereupon the Mayor called to the Councils attention that the ordinance, adopted contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Alderman McAuley and duly seconded by Alderman Hollinger that the emergency clause of said ordinance be adopted, and the roll being called, the following voteds Ayer Curtis Foster, G. W. McAuley, 0. I. Bollinger, C. H. Rowton, R. L. garrison, and R. ft. Morley. Nays 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 was directed to spread the same upon the record of Ordinances of the City of lgest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 159. Said ordinance to which no amendment was offered read as follower ORDINANCE N0. 159 AN ORDINANCE PROVIDING FOR THE PAYMENT OF THE EXTENSION OF TFL f9UNICIPAL SYSTEM TO SERVE PARTS OF KENDAL ADDITION TO TfiE CITY OF YYEST f~EMF'HIS ON EIGHTEENTH AND TYYENTIETH STfiEExS. WHEREAS, ~!he City of @Yest Memphis, Arkansas, owns and operates a municipal sewer system on which it has outstanding the balance of a series of combined improvement and refunding bonds dated June 1, 1945, authorized by Ordinance No. 107 of the City of ~'7est Memphis, Arkansas, passed and approved on the 6th day of July, 1945, but under the terms of Section 6 of said ordinance, X46,000 of said bonds, bearing interest at the rate of 3p per annum, have been prepared but have been retained by the City Clerk in an unexecuted form for subsequent issuance and sale, subject to the limitations and restrictions placed upon their issuance and sale by the provisions of Section 9 of said ordinance; and 9HEREA3, Section 7 of said ordinance provided that whenever on June 15 or December 15 of any year the amount in the gewer Revenue Bond Fund is sufficient to pay all interest and principal to becomo due on outstanding bonds during the ensuing twelve months and the unapportioned revenues for the operation of the sewer system are in excess of the estimated amount required to pay the cost of operation and maintenance of said system for the ensuing poriod of six months, then such excess of such unapportioned revenues may be transferred to said Sewer Revenue bond rand or may be otherwise disposed of, as the City Council of said City may from time to time order and direct; and proceeding under this authority the City, in order to pay the contractor the balance due him on the construction of the sewer system, issued a series of ~p28,000 of sexier revenue certificates, dated January 1, 1947, and pledged this surplus as above defined to the pa~~nent of these certificates, maturing serially on January 1 of the years 1948 to 1952, inclusive, thus pledging for definite purposes all of the revenues to be derived from the operation of the sewer system; and ~~REAS, the ~~illiam L. Johnson Co., Inc., a corporation, has developed certain property on Eighteenth Street and Twentieth Street in Kendal Addition to the City of i'dest ~demphis, :Brkansas, as shown by plats of said addition recorded in Plat Book One at pages 4, 5, 75, 119, and 1~8, of the records in the office of the Circuit Clerk and r3c-Officio Recorder of Crittenden County, Arkansas, and because it was necessary to provide the houses in said addition with sewer service, the corpora- tion has laid the necessary sewer laterals and extensions to serve said lots, at a cost of "3,589.53, which the corporation has paid, but the laterals and extensions which it has built along said Streets have novr been integrated with and made a part of the tir`est Memphis municipal sewer system and the improvod properties on said Streets will pay the sewer charges according to the schedule of rate adopted by the City of West Memphis and set out in Ordinance No. 108, passed July 24, 1945, and the corporation is entitled to the refund of the money which it had advanced in making these sewer extensions, but the City has no funds to repay this advance but when it issues the additional bonds of the June 1, 1945 issue, vrhich have been authorized but not issued, it can pay and discharge this obligation; NOW, TiiEREFORE, BE IT bh1ACTED, By the City Council of the City of West Memphis, Arkansasr SECTION 1. 'that the City Council hereby accepts as a part of the West Memphis municipal sewer system the sewer mains and laterals laid on gi.ghteenth and Twentieth Streets in the Kendal Addition to the City of West Memphis, Arkansas, by the William L. Johnson Co., Inc., a corporation, and the users of said extensions and laterals shall pay to the City of y;~est Memphis the usual and customary charges for sewer service as fixed by Ordinance No. 108, passed and approved on the 21;th day of July, 1945. SECTION 2. It is hereby ascertained and declared that the sewer laterals and extensions built by the 'fiilliam L. Johnson Co., Inc., are constructed in a manner and with materials satisfactory and acceptable to the City of 1Yest Memphis, and the value of the construction is reasonably and fairly worth the sum of X63,589.53 to the municipal sewer system of said City. SECTION 3. The City of West Memphis, Arkansas, acknowledges itself to owe the NTilliam L. Johnson Co., Inc. the sum of X63,589.53 to be paid as hereinafter set out. SECTION 4. When, under the authority of dection 9 of Ordinance No. 107 of the City of West Memphis, passed and approved on the 6th day of January, 1945, the City of West Memphis is authorized to execute and sell said bonds, it vvi.ll execute and sell all or enough of the X46,000 unissued bonds of the issue of June 1, 1945, to pay this indebtedness to the said William L. Johnson Co., Inc., and it will pay this indebtedness out of the first proceeds of said sale, after the payment of the indebtedness due to Guaranty Loan and Real Estate Company, a corporation, under the provisions of Ordinance No. 143 of the City of YJest Memphis, if this indebtedness has not been previously discharged from other city revenues; and the City is hereby authorized to nse for the payment of the aforementioned indebtedness any other city revenue available and which it may legally use for said purpose, if it should so elect; provided that the indebtedness due the Guaranty Loan and Real Estate Company under the Ordinance No. 143 of the City of West Memphis shall have priority over this indebtedness and shall be paid by the City before any funds are applied to the payment of the indebtedriesa herein set out. SEC PION 5• This ordinance is cumulative to the other city ordinances relating to the municipal sewer system of said City and shall be in full force and effect from and after its passage. -x-~t~-x-~-,~ 20~ The following copies of statements presenteds WILLIAT2 L. JOHNSON CO. INC. EXTENSION ON 18TH STREET EY CONTRACT WITH BLUFF CITY PLUMBING COMPANY paid by check 1/14/48 - ~325.GG - Bluff City Plumbing Company (OK - G. G. Kietzman 10-18-48) ITEI~ILTZED LIST OF ESPENDITURES ON 20TH STREET SEFJER PROJECT Paid by checks 4/30/48 - 5113.12 Labor 5/7/48 - 218.82 Labor 5/14/48 - 354.42 Labor 5/21/48 - 116.56 Labor 5/23/48 - 537.50 Tile and Y's - Choctaw Culvert Co. 5/24/48 -1,292.50 Ditching and back filling - Collins Bros. 6/4/48 - 173.39 iaimber for props - West Memphis Lumber Company 6/4/48 - 26.50 5 additional Y's and okum 6/4/48 - 283.28 Contractor's fee - Bluff City Plumbing Company 8/5/48 - 148.44 - Two manholes, complete with covers. ,.. 3 Total cost (OK - G. G. Kietzman 10-18-48) iEiF'kiHHHHHfjHHHHP City Attorney Spears advised the Council that numerous inquiries had been made about the pending photographers ordinance and that action should be taken on the ordinance. Also, that Jimmy Moore and Charles Hulen, local photog~phera, had been advised of the meeting and that action would be taken on the ordinance, but fleit~ier were present at the meeting. After discussion of the matter an ordinance entitled '~An Ordinance Licensing Photographers, Providing Penalty For The Violation Hereof, Repealing All Ordinances In Conflict Herewith" was introduced in writing and read in full by Alderman Foster. Upon the matter being called to vote, the following voteds Ayes Curtis Foster, G. W. McAuley, C. H. Rowton, R. L. Garrison, R. R. Morley, and O. I. Bollinger. Nay: None. The following resolution was introduced in writing and read in Hills RESOLUTION N0. 107 Be it resolved by the City Council of the City of West Memphis, slrkansae, that a tax of five (5) mills upon the dollar for general purposes and five (5) mills upon the dollar for debt services upon the assessed value of all real and personal property within the limits of the City of 1Vest Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County, to the end that said tax may be entered upon the State and County tax books for the year, 1948. -1HHHFN-iHFif-JHF Motion was made by Alderman 1idcAuley that the resolution be adopted, the motion was seconded by Alderman Bollinger, and upon the matter being called to vote, the following voteds pyes Curtis Foster, G. W. McAuley, C. H. Rorrton, FZ. L. Garrison, R. Ft. Morley, and 0. I. Bollinger. Nays None. Mayor Dacus appointed a committee composed of G. G. Kietzman and T. R. Green to make a survey of the streets and to report to the Council the streets that should be dasi mated as through streets. 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 permits= Carry Marlon Rafe. Berry Sol Sailer Sara I~Qim9s Rosie M~ana 1"Jillie Price Leroy Frazier E. L. Brown Rev. Allen Wiley S. M. Harris Herman Spicer Nadene Klindworth Esao Standard 011 Sam Turner Daisy ~gllen Motion was made by Alderman Bollinger and seconded by Alderman Garrison to approve, suthoriz®, ratify, and/or confirm payment of the following bills: Collector of Internal Revenue X470.40 Perry Rogers X46.00 Collector of Internal Revenue 55.70 Louis Hathcock 42.50 tiY. F. Hall 35.00 i'J. F. Hall 35.00 Henry Palmer 40.40 Henry Palmer 40.40 James 3raham 2.40 YJ. F. Hail 35.00 John McCullar 41.25 Henry Palmer lt0.40 Early Pope 35.75 John McCullar 41.25 Clyde Hill 35.75 Early Pope 35.75 Sarah Y. Smith 42.00 Clyde Hill 33.15 O. P. Sides, Jr. 60.00 Anthony Hogue 33.15 Mack Howell 40.00 Sarah Y.-Smith 42.00 Perry gogers 46.00 0. p. Sides, Jr. 60.00 Louis Hathcock 50.23 Mack Hotivell 40.00 Otis Ball Doyne +Oodd 15.00 Lewis Hathcock P 42.50 Jean Hillencamp 125.00 147 50 erry Rogers F 46.00 H. D, Holland H. D. Holland . 250.00 W. . Hall henry Palmer 35.00 40.40 P. M. Dacus app 0 150 00 John McCullar 41.25 H. 0. Coats . ~5 ~ Early Polk 35.75 Dayton Sackett • 25 00 Clyde Hill 33.15 Mrs. M, B• Currie . 00 35 Anthony Hogue 5.53 C. 0. Furrow . 205 00 Sarah Y. Smith 42.00 G. G. Kietzman . 300 00 0. P, Bides, Jr. 60.00 19. H• Cushman . 300 00 Mack Howell 40.00 C. H. Rowton . Perr Ro err y g 46.00 0. W. McAuley 10.00 Louis Hathcock 42.50 Curtis Foster 10.00 Frank H. Lee & Company lG,396.80 0, I. Bollinger 10.00 Ray L• Garrison 10.00 R. R. Morley 10.00 J. H. Spears 10.00 0. J. Hatton 100.00 J. F. .!right 215.00 Mrs. J. F. V~right 230.00 275.40 L. P. Bernhard 50.00 W. F. R9ese 180.00 Prince i~eeman 15.00 Merchants and Planters Bank 165.00 Merchants and Planters Bank 162.54 Choctaw, Inc. 187.75 John McCullar 41.25 Early Pope 3$•75 Clyde Hill 33.15 Anthony Hogue 24.70 Sarah Y. Smith 42.00 0• p. gidas, Jr. 60.00 Mack Ho~rell 40.00 Upon the matter being called to vote, the following voted: Ayr: Curtis Foster, G. l~. McAuley, C. H. Rowton, R, L. Garrison, R, R. Morley, and 0. I. Dollinger. Nay: None. No further business appearing, the meeting was adjourned. A //"~ / / p® ~~~ YO APPROVED2 PIO~JF.~.~fBER 17, 1y48