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March 3, 19492~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF WEST MEMPHIS MARCH 3, 1949 The Council of the City of West Memphis in the County of Crittenden, State of Arkansas, met in a regular session at the i:ity Hall in said City at 7130 P.M. on the 3rd day of March, 1949. The meeting was called to order by the Mayor, and the roll being called there were: Preaentt P. M. Dacus in the chair and the following named Aldermen= Curtis Foster, G. W. McAuley, R. R. 1'~orley, R. L. Garrision, 0. I. Bollinger, C. H. Rowton; City Attorney J. H. Spears. Absent= City Clerk H. 0. Costa. The following proceedings were had to-wit2 Minutes of a meeting on February 17, 1949, were read and approved. A group of twenty property owners on Bond Street appeared before the Council to have explained to them the zoning of their property as proposed by the Zoning Ordinance that had been read twice by the Council. ldayor Dacus advised the group of the classification of buildings that would be permitted and the reasons for the passage of the proposed ordinance. After a lenghty dlacueaion of the matter, the Council advised the group that no action would be taken at this meeting on the ordinance in order that the people could study the ordinance and then appear before the Council on March 17th with their recommendations. Mayor Dacus advised the Council that at this time there is no alley along the east aide of Lot 29 Horsley Subdivision, said lot being owned by the city, and that ae it was in a business district that an alley was needed to prevent congested traffic on the streets by trucks loading and unloading in this area. After discussion of the matter the following motion was made by Alderman Morley, That the City dedicate the east 20 feet of the west 125 feet of Lot 29 of the M. P. Horaley~s Addition to the City of Weat Memphis Crittenden County, Arkansas, being situated in the NIT 1/4 of Section 18, Township 6 North, Range 9 East, lying South of that portion of this lot heretofore conveyed by right- of-way deed dated May 26, 1937, to St. Louis-San Francisco Railway Company, and found of record in Book 161 at Page 623 in the records of the Circuit Court Clerk and Ex-Officio Recorders. Office within and for Crittenden County, Arkansas. The motion was seconded by Alderman Garrison, and upon the matter being called to vote, the following votedt Aye= Foster, McAuley, Morley, Garrison, Bollinger, Rowton. Nay: None. Mr. H. C. Williamson appeared before the Council and voluntarily agreed that the City may tear- down the canopy in front of the building owned by him at the corner of Missouri Avenue and Highway 70 on tie southeast corner; provided that when the work is commenced that it will not be stopped until the project is completed. Mr. Charles De Graff of the Junior Chamber of Commerce appeared before the Council with further information on the Junior Chamber of Commerce proposal for the Community House. After discussion Mr. Debraff was advised to confer further with the members of the organization before any action be taken on the matter by the Council. Aa requested by the Council the members of the Fire Department appeared but due to the prolonged discussions on other subjects they were dismissed without appearing before the Council and Mayor Dacus stated he would mite the Fire Department and advi.ae them of the matter discussed by the Council pertaining to their conduct going to and from fires and at fires. City Phgineer Tegarden reported to the Council that a fence had been erected around block dedicated by M. L. Thompson and known as ~~Public Square~~ as shown by recorded plat of said M. L. Thompaon~a subdivision on ~bruary 28, 1949, as ordered by the Council at their meeting on February 17, 1949. Mayor Daces presented a copy of the Lease Contract with Riggs Tractor Company, thereupon, the following motion was,made by Alderman Fosters That the Mayor and City Clerk be and the are hereby authorized, directed, and instructed to execute a Lease Contract betwwen the ity of Weat Memphis and J. ,~. A3ggs Tractor Company of Little Rock for the Lease of one °Caterpillar~~, Model 112 Diesel Motor Grader. Serial No. 2M677. The motion was seconded by Alderman Morley, and upon the matter being called to vote, the following voted: Ayer Foster, McAuley, Morley, Garrison, Hollinger, Rewton. Nay= None. LEASE CONTRACT THIS LEASE, made this 10th day of February, 1949, between J. A. Riggs Tractor Company of Little Rock, Arkansas, Lessor, and the City of Weat Memphis by Mr. Melvin Dacus, Mayor, Lessee WITNESSETH 1. Lessor, in consideration of payment of the rental hereinafter reserved hereby leases to Lessee the following described personal propertys One "Caterpillar~~ Model 112 Diesel Motor grader, Serial No. 2M677 For a period beginning February 10 and ending December 31, 1949. Rental for period X4052.41, payable X1838.29 on February 15, 1949 and the balance of X2214.12 on December 15, 1949. lA. Lessor grants Lessee an option to renew this Lease for a period of one year from the expiration hereof for the sum of X2214.12 payable December 15, 1950 under the other terms and conditions hereof. 1B. Lessor hereby grants to Lessee the option to purchase said personal property in its then condition during the term hereof or during any renewal of this contract or within 10 days from the expiration hereof. In the event such option to purchase is exercise, the Lessee shall pay for said personal property the sum of $8480.85; also in such event the purchase price shall be reduced by the amount of rental theretofore paid and the balance will be due and payable in cash or upon terms agreeable to Lessor. 2. Lessee acknowledges receipt of said personal property in good order and condition, and upon expiration of the terms of this lease or upon the sooner termination of this lease, Pressor, without the necessity of giving any further notice, shall be entitled to the immediate possession of said property and Lessee agrees to deliver said property to Lessor at Little Rock, Arkansas, ir- good order and conditions ordinary use, wear and tear thereon excepted. Lessee agrees to pay all freight charges, drayage insurance or other charges in connection with delivery of Bald property to Lessee, or return to ~ssor, or while in Lessee's possession. 3. Lessee shall have the right to make any reasonable and lawful use of said personal property and shall take reasonable and proper care thereof, anal at its own cost and expense make all necess- ary repairs and replacements. Lessor may inspect said property at any time or place and Lessee agrees to pay Lessor in cash for any parts or labor furnished or purchased from Lessor necessary in Lessor's opinion to keep said property in reasonably efficient operating condition. In the event of any default by Lessee in payment of rent or otherwise the lease shall terminate immediately at the option of r+esaor. 4. It is expressly agreed and understood that Lessor shall not in any case or under any circumstances be held liable to ar4Y person, including Lessee, for any loss or damage, or claims of judgment for loss or damage, of any kind or character whatsoever to persons or property, or otherwise, arising from or in any manner connected with the use, operation, handling or trans- portation of said property and any and all claims for loss or damage are hereby specifically waived by Lessee. $. Lessee agrees to pay all taxes assessed against said personal property. Lessee agrees that said property or any part thereof shall not become a fixture or a part of any building or machine by reason of being placed therein or affixed thereto or for any other reason. Lessee agrees to indemnify and save harmless the Lessor from and against all lose or damage to said property or to persons or property arising out of its use during the rental period. 6. P:esaee agrees not to assign this lease or any interest therein, or to sublet said personal property, or to part with possession of same, either by voluntary act, operation of law, or otherwise. In the event Lessee sublets or attempts to sublet same, or any part thereof, or voluntarily or involuntarily parts with possession of same, or in any other manner violates any of the terms hereof, then in either of any such events this lease shall by the option of Lessor immediately terminate and Lessor shall be entitled to immediate possession of said property. Lessee agrees to pay all attorneys fees, or other expense, occasioned by Lessee's failure to provide by any of the provisions hereof. 7. Time and exact performance of all and singular the terms and conditions of this lease are of the essence thereof. In the event default is made in the performance of any of the terms, covenants or conditions of this lease, it is agreed that Lessor or its agents or assigns, may enter upon any premises where said property is stored or located, using force as is reasonably necessary to take possession thereof, and without previous demand or notice, and terminate this contract. Lessee hereby empowers any attorney or any Court of Record to appear for it, in term time or vaction, and confess judgment against it for any amount that shall be due and unpaid under the provisions hereof, and hereby waives all errors, stays and exemptions for debt now or hereinafter in force in this State of elsewhere. 8. Lessee agrees to bear and pay any and all coats, expenses, taxes, charges, and liabilities of every kind whatsoever, expressly including excise taxes, license tags, property taxes, etc., which may be imposed or assessed against or resulting to the Lessor oa account of the possession or use of said equipment by Lessee. 9. Lessee and Lessor hereby agree that no representation, statei~nt or agreement other than those set forth therein shall be binding upon either of the parties hereto unless expressed in writing, signed by each, and purporting to be an express modification of this contract. Should any provisions of this lease be declared invalid and the balance of the lease shall in no wise be affected thereby. Subject to the terms, covenants, a nd conditions of this lease shall inure to the benefits of and be binding upon the heirs, executors, administrators, trustees, successors or assigns of the parties hereto. J. A. RIOGS TRACTOR COMPANY WITNESSt BY J. S. NANISON R. W. STOKES CREDIT MCR. 22i Mayor Dacus advised the Council that the Chamber of Commerce had been working on securing a Federal census this year to enable the City to secure additional hinds on turn-back from the State. Mayor llacua was authorized by the.Council to sign the necessary papers that would enable the taking of the census. An ordinance entitled nAn Ordinance Defining Restaurant, Itinerant Restaurant, Employee, Utensils, Health Officer, Etc., Requiring permits Pbr The Operation Of Such Establishments, Prohibiting The Sale Of Adulterated, Unwholesome C1. Misbranded Food Or Drdnk, Regulating The Inspection Of Such Establishments, Requiring Employees Of Restaurants To Rave Health Certificates, Establishing A Grading System, The Enforcement Of Thia oMdinance, Md The Fixing Of Penaltiea.n The Building Inspector presented the building permits he had Motion was made, passed, and adopted to confirm the actions of the issuance of the following building permits: Ray Garrison H. C. 1Villiamaon Thomas Cobb Casey Jokmson Mrs. Nola Richardson Essex Holt J. B. Overall Anthony Murray Moae Calloway Ellen Hooker C. H. Miller Wyonea Bennett Sam P. Murry Olive Russell Henry Johnson Clyde Miller A. ~. Butler C. F. Sisco R. L. Coffman henry Johnson F1ton Phillips authorized to be issued. Building Inspector in the The refusal by the Inspector to issue the permit for Bell-Chapman according to present plena submitted was upheld by the Council. Motion was made by Alderman Bollinger and seconded by Alderman Rowton to approve, authorize, ratify, and/or confirm payment of the following billet Hulbert School ~62,73H•97 Lewis Hathcock $42.50 City Cab Company-Lum 275.01 James E. Brown 12,00 W. F. Hall 35.00 R. N. Carey 40:00 Henry Palmer 40.40 Cash (Petty Reimbursed} 104.99 Fergerson Henry 21.60 Ferguson Henry 29.70 tiYill Larry 10.80 Aaron Johnson 35.10 Aaron Johnson 17.70 ~arlena Arnold 38.03 Earlena Arnold 13.33 YV. M. Flower Shop 15.59 John McOullar 35.35 Bragg Auto Co: 16.20 Early Pope 30.55 Chalmbere Motor Co: 3.36 Clyde $ill 37.45 Wr -Villiams Blue Print 64.00 Fd McNeal 15:60 yir. M. lumber 5.16 Ralph Taylor 19.20 Jim Riehl, Inc. 68.12 James Spragina 5.40 Thrifty Drug Co. 1.26 George Austin, Jr. 28.50 Bil-Roy Service Station 4.23 f~enry Ross, Jr. 1.20 Farmers Machine Shop 3.00 Will Larry 6.60 Mid-South 011 Company 43.06 Sarah Y. Smith 42.00 W~~~ Machine ~ 'Melding Shop 63.45 O. P. Sides, Jr. 60.00 George C. Jordan 25:18 Mack Howell 40.00 Johnson Tractor Co. 7.90 M. H. Neal 40.00 Leggett Esao Station 124.59 F. C. Barnes 37.50 Mc~aa Chevrolet Co: 42:21 Lewis Hathcock 42.50 Davis-`Veil Mfg. Co. 204.00 James E. Brown 12.00 Dacus 3+br. Co. 430.00 W. F. Hall 35.00 Citizens runeral Home 22.00 Henry Palmer 40.40 J. A. Riggs Tractor Co. 69.85 John McCullar 35.25 Southwestern Bell Telephone Co. 116.73 Early Pope 2.92 Lloyd C. McOaiston, Jr. 5.00 Clyde Hill 29.75 L. E. Conyers 10.00 Ed McNeal 28.20 S. C: Toof & Co. 38.55 Ralph Taylor 28:20 W. M. appliance 13.91 Will Larry 28.20 Choctaw, Inc. 1,182.84 George Austin, Jr. 2.70 Easo Standard Oil Co. 704.76 C. C: $zrnett 15.30 Farmers Supply Co. 4.00 J. T. Holmes 16.57 Johnson Auto Co. 45.06 Pete Watkins 20.10 Eden Pontiac Co. 13.69 Sarah Y. Smith 42.00 Central Service 29.60 0. P. Sides, Jr. 60.00 t-merican Fire Apparatus Co. 525.19 Mack Howell 40.00 General Detroit Corp. 1,530.00 M. H. Neal 40.00 Cross County Gravel Co. 2,822:72 F. C. Barnes 37.50 Farmers Supply Co. 14.11 Johnson Auto Company X28.57 Ed Hudson $28.50 Eden i'ontiac 62.11 Joe Tate 20.40 Central Service Station 1.89 M. L. Westbrook 26,70 Chicago Pump Company 3,21 Sarah Y, Smith 42.00 Fagan Electric Co. 14.00 0. P. Sides, Jr. 60.00 Milton Bowers Welding Co. 297,15 black Howell 40.00 W. 1[. Ready-Mixed Concrete 104.00 M. H. Neal 40,00 Missouri pacific RR 199.29 F. C. Barnes 37.50 W. M. Fire Department 284.00 Lewis Hathcock 42.50 W. F. Hall 35.00 James E. Brown 12.00 Henry Palmer 40.40 Richard Gore 40.00 Ferguson Henry 24.90 ~~. F, Hall 35.00 Arron Johnson 24.90 Henry Palmer 40,40 Earlena Arnold 26.98 Ferguson Henry 24,60 John McCullar 35.25 tiaron Johnson 24.60 J. T. Holmes 30,55 Earlena Arnold 66.65 Clyde Hill 21,50 Otis Hall 15.00 Ed McNeal 23.40 Doyne Dodd 145.83 Ralph Taylor 23.40 Jean Hillencamp 147.50 Will Larry 23.40 H, D, Holland 250.00 Yete Natkina 23.40 H. D. Holland 30.00 c. c, Barnett 23.4o P, ~. Dacus 150.00 Ed Hudson 25.87 H. 0. Coats 25.00 Joe Tate 15.90 Dayton Sackett 25.00 M, L. Westbrook 18.30 Mrs. ~. H. Currie 35.00 Sarah Y. Smith 42.00 C. 0. Burrow 205.00 0. p. Sides, Jr. 60.00 G. G. Kietzman 300.00 black Howell 40.00 C. H. Rowton 10.00 M, H. Neal 4G.oo G. W. McAuley 10.00 F. C. Barnes 37.50 Curtis Foster 10.00 Lewin Hathcoclc 42.50 0. I. Bollinger 10.00 R. N. Carey 40.00 Ray L, Garrison 10.00 James F,. Brown 12,00 R. R. Morley 10.00 W, S. Tegarden 175.00 J. H, g}~ears 100.00 Frank H. Lee & Co. 5,885.92 0, J, Hatton 215.00 Bowers and Wood Welding Co. 149.55 J, F, ~+right 230.00 J. ~. Riggs factor Co. 1,838.29 Mrs. J. F. upright 320,95 John Mc0ullar 35.25 Tommy Johnson 175.00 J. T. Holmes 30.55 Prince Freeman 35.00 Clyde Hill 20,65 1Y. S. Tegarden 175.00 Di McNeal 22.80 Merchants and Planters Bank 162.31 Ralph Taylor 22,80 T. H. 1dcGough 50.00 Will Larry 26.70 Roy Rogers 335.00 Pete ~rYatkins 25.50 Upon the matter being called to vote, the follovring voted: Ayes Koster, McAuley, Morley, Garrison, Bollinger, Rowton. Nay: None. No further business appearing, .the meeting was adjourned. A~;' MAYOR APPROVED: March 17 , 199