July 19, 19491d1NU'1'L`5 Ur' A H1;UULAH MGC;'t'1N(i UP' '1'HC: l;l'1'Y I:UUNUlL UP' 'i'Hr; Cl'i'Y Ur' 'Nr;S'1 MEMPHIS, ARKANSAS,
HAD AND HELD ON JULY 19, 1949
The Council of the City of West Memphis met in a regular session at the City Hall in
said City at x=30 P.M. on the 19th day of July, 1949.
The meeting was called to order by the Mayor and upon the roll being called there were:
Presents P. M. Dacus in the chair and the following named Alderment Curtis Foster,
A. R. Manchester, C. H. Rowton, James Bledsoe, P. B. Powers, R. R. Morley,
0. I. Bollinger, R. L. Garrison; City Attorney J. H. Spears.
Absent° City Clerk H. 0. Coats.
The following proceedings were had to-grit=
Minutes of Council Meeting on July 5, 1949, were read and approved.
Attorney Elton Rieves~ Jr. of the firm of Rieves and Smith appeared before the Council
in behalf of the Hulbert-West Memphis Special School District to present the following
petitions
P E T I T I O N
Ta THE CITY COUNL'IL OF THE CITY OF WEST ML"6~PHIS, ARKANSAS
Comes the Hulbert-~Yest Memphis Special School District No. 4 of Crittenden County,
Arkansas, petitioner, and xould respectfully show and states
I
That petitioner is a body politic and corporate and is the owner of the following
described real estate, situated and lying in the County of Crittenden, State of Arkansas,
to-xit;
Blocks H and I of the Lyndon Addition to the
City of West Memphis, being a part of the Sz
NE-1/4 Section 12, Township 6 North, Range 8 ~%ast,
as the same appears of record in Plat Book 1 at
page 70, of the records of Crittenden County,
Arkansas, and being more particularly described
as follows:
Block H- Bounded on the north by Ross Avenue,
on the east by Redding Street, on the south by
Gibson Avenue, and on the west by Avalon Street
(formerly Flippo Street);
Block I- Bounded on the north by Gibson Avenue,
on the East by Redding Street, on the south by
Barton Avenue, and on the west by Avalon Street
(formerly Flippo Stred);
which said property is the site of one of its school buildings and its atSet.ic field,
and is also held for the future development of facilities of the District.
II
That, as will be observed from the above description, said real estate is located
in the Lyndon Addition, a subdivision of the City of ~~est Memphis, Arkansas, Block H
and Block I being separated on the plat of said Addition by Gibson Avenue, a street
which was dedicated to the public at the tine of the filing of the plat on August 5,
1936, and a photostatic copy of said plat of Lyndon Addition, showing said Gibson Street
and the property of this petitioner, is filed herewith and made a part thereof, together
with an Abstract of the Warranty Deed from George Lehr and Marguerite Lehr, his wife,
to petitioner, pursuant to which petitioner holds title to said real estate.
III
That despite the fact said Gibson Street is platted and dedicated it has never been
opened and used as a street or alley between Redding Street and Avalon Street (formerly
Flippo Street) and more than five years have elapsed since the platting and dedication
thereof. That since property owners to the East of Redding Street will not need the
improvement of Gibson Avenue from Redding Street westward for the purpose of ingress and
egress, and in view of the fact that petitioner owns all of the property abutting such
Street on the North and South thereof and has no need for the opening of said Straet,
there is no justification for its existence, and the public interests will be best served
by vacating the same to the end that it may be used by petitioner for school purposes and
will remove a possible future traffic hazard to the children of the City of 1Yest Memphis
and this District who shall attend the school located on said property.
28
WHEREFORE, PREMISES, CONSIDERED, PETITIONER PRAYSt
That the Council by resolution fix a day for the hearing of this petition and
direct the City Clerk to give notice of such meeting by publication once a week for
two consecutive weeks in some newspaper published in the County and having a general
circulation in the City of West Memphis as required by law, and that after hearing
hereof that Gibson Avenue be vacated from the points where Gibson Avenue intersects
the East line of Avalon Street {:formerly Flippo Street) extending thence East to the
point where Gibson Avenue intersects the ~~est line of Redding Street, being so much
of Gibson Avenue as lies between Block H and Block I of the Lyndon Addition to the
City of West Memphis, Arkansas.
Respectfully submitted,
HULBERT-WEST MEMPHIS SPECIAL
SCHOOL DISTRICT N0. 4 of
CRITTENDEN COUNTY, ARKANSAS
By /S/ WM. H. HUNDHAUSEN
President of Board of Directors
ATTESTS
/S/ J. 0. Spotts
Secretary
After discussion of the petition, the following resolution was introduced in
writing by Alderman Ro*rtons
R E S O L U T I O N 112
WHEREAS, the Hulbert-Went Memphis Special School District No. 4 of Crittenden County,
Arkansas, has filed its Petition with the City Council in the City of Weat Memphis, Arkansas,
asking that that portion of (}ibson Avenue from the point xhere Gibson Avenue intersects the
East line of Avalon Street (formerly Flippo Street) extending thence East to the point where
Gibson Avenue intersects the Weat line of Redding Street, being ao much of Gibson Avenue as
lies between Block H and Block 1 of the Lyndon Addition to the City of West Memphis, Arkansas,
as per plat of record in Plat Book "1" at page 70 of the records of Crittenden County, Arkansas,
be vacated, and
WHEREAS, said Petition appears to be in proper form and has attached thereto a photostatic
copy of the plat of Lyndon Addition showing the portion of Gibson Avenue sought to be vacated,
IT IS RESOLVED that the Council does hereby fix the 16th day of August, 1949, at 7:30
o~clock P.M. as the time for hearing such Petition, and directs the City Clerk to give notice
of such me sting by publication once a week for txo consecutive weeks in some newspaper published
in Crittenden County and having a general circulation in the City of west Me his, xhich notice
shall {a) state the name of the person or persons who signed the Petition, (b) state the name
of the Street, or the portion thereof, to be vacated, and {c) advise all persons that on the
day and the time and place hereinabove named the Council will herein determine whether such
portion of Gibson Avenue shall be vacated.
Motion was made by Alderman Morley and seconded by Alderman Bledsoe that the resolution be
adopted, upon the matter being called to vote, the following votedt
Aye Foster, Manchester, Rowton, Bledsoe, Powers, Morley, Bollinger, Garrison.
Nay; None.
M ordinance entitled "An Ordinance Requiring vaccination of Dogs Within the City of
West Memphis, Arkansas" was introduced in writing and read the first time by Alderman Bledsoe.
An ordinance entitled "M Ordinance To Tax Dogs, Owned, kept Or Maintained In The
City of West Memphis, Arkansas" was introduced in writing and read the first ti~ae by
Aldermen Garrison.
Chief of Police Holland brought before the Council a proposal made by the Motorola Inc.
for equipment for the police department. After discussion of the equipment Chief Holland
was instructed to contact the Motorola company for further information on the matter.
After discussion of various drainage problems, Mayor Dacus was instructed to notify
Mr. John Scott, Judge Doyne Dodd, aryl Mr. John Donahue to meet with the Council on August 9th.
The Building Inspector presented the building permits he had authorized to bd issued.
Motion was made, passed, and adopted to confirm the actions of the Building Inspector in the
issuance of the following building permits.
C. B. Thompson
William Lewis
Pepsi Cola Bottling Co.
E. R. Moody
Chas. DeGraff
Clara Conner
Anna Bell Shelton
Pig-Inn Poke
Elizabeth Vance
Gable Ellis
Esso Standard Oil Co.
Mayor Dacus read the preliminary report on the sewer system as prepared by Consulting
~gineer A. E. Heagler. After discussion of the report with Mr. Heagler it was decided that
the sewer committee, Aldermen Garrison, Morley, Bledsoe; Mayor Dacus, Paul R. Byrd,
City Cngineer Tegarten make a trip to Blytheville, Arkansas, to study the type of sewer
construction used there.
The matter of issuing additional Sewer Revenue Bonds was discussed and Paul R. Byrd,
Manage of the Light and Water Department, presented figures indicating the City could
legally issue approximately X150,000.00 additional Sewer Revenue Bonds under the authori-
zation for the issuance of additional bonds as provided by Ordinance No. 107 passed and
approved July 6, 1945.
City Attorney J. H. Spears and Wallace Townsend having been previously instructed to look into
legality of the matter prepared the following notice which was introduced in writings
NOTICE OF BOND SALE
The City of West Memphis, Arkansas, hereby gives notice that it will sell for cash to the
highest bidder 46 bonds of a sewer revenue bond issue dated June 1, 1945, interest payable on
June and December 1 of each year, with the matured coupons clipped off, and maturing on June 1
of each year as follows=
$1000 in the years 1957 to 1966, inclusive.
$3000 in the years 1967 to 1978 inclusive.
The bonds bear interest at the rate of three per centum per annum and are part of an
original issue of X319,000 in sewer revenue bonds issued under date of June 1, 1945, and
by the terms of Section 6 of Ordinance No. 107 of said City, passed and .approved July 6, 1945,
these 46 bonds wer$ to be sold when the net revenue from the operation of the sewer system
for the preceding twelve months is equal to one and one-half times the average annual
principal and interest requirements of al.l bonds then outstanding and the bonds proposed to
be issued, and the City can now meet the condition. The bonds are payable at the office of
the Union Planters National Bank & Trust Company in the City of Memphis, Tennessee, and are
not general obligations of the City but are payable solely from the net revenues derived from
the operation of the municipally owned sewer system, and share the said net revenue with the
balance of X262,000.00 now outstanding of the original issue of June 1, 1945. The bonds have
been printed and are ready for immediate delivery.
At the same time the City will sell at public sale for cash to the highest bidder a
proposed issue of $150,000.00 of sewer revenue bonds dated ++ugust 1, 1949, interest payable
semi-annually on June 1 and December 1 of each year and maturing serially on June 1 of each
year as follows
Face Value Total Nmt.
Year of Bonds Due
1951 ~G1000 ~l,ooo.oo
1952 1000 z,ooo.oo
1953 1000 2,000.00
1954 1000 2,000.00
1955 1000 2,000.00
1956 1000 2,000.00
1957 1000 2,000.00
1958 1000 2,000.00
1959 1000 2,000.00
1960 1000 2,000.00
1961 1000 4.,000.00
1962 1000 4,000.00
1963 1000 4,000.00
1964 1000 4,000.00
1965 1000 4,000.0
1966 1000 4,000.00
1967 1000 4,000.00
1968 1000 4,000.00
1969 1000 4,000.00
1970 1000 4,000.00
1971 1000 4,000.00
28
1972 1000 ~ 5,000.00
1973 1000 5,000.00
1974 loci 5,000.00
1975 1000 5,000.00
1976 1000 7,000.00
1977 1000 7,000.00
1978 1000 ?,000.00
1979 1000 8,000.00
1980 1000 8,000.00
1981 1000 10,000.00
1982 1000 10,000.00
1983 1000 10,000.00
X150,000.00
These bonds are being issued for the purpose of refunding some outstanding
certificates of indebtedness and for making extensions and repairs to the municipally
owned and operated sewer system. Each bidder is reques'ed to state the rate of interest
upon which his bid is based, and no bid will be considered for less than par and accrued
interest. The buyer may have the privilege to convert the bonds to bonds bearing a
lower rate of interest, sub3ect to the condition that the City shall receive no less and
pay no more than it would receive or pay if the bonds were not converted, and subject to
the approval of the City Council. These bonds share ratably with the balance of
$262,000.00 of an issue of sewer revenue bonds dated June 1, 1945, and are payable solely
from the net revenues derived from the operation of said sewer system. The bonds will be
callable for payment prior to maturity in inverse numerical order, with accreued interest,
as follows: If called from surplus in the operating revenue, on any interest paying date;
if called for payment with funds from any other source, at a price of 101 cents on the
dollar on any interest paying date to and including february 1, 1954, and thereafter on
any interest paying data at par.
Both issues of bonds will be sold upon the approving opinior- of Messrs. Townsend &
Townsend, Attorneys at Law, Little Rock, and will be payable at the anion Planters
National Bank & rust Company of Memphis, Tennessee. The City will furnish free of cost
to the buyer the printed bonds with the unqu.al.ified approving opinion of the bond attorneys
and a transcript of the entire proceedings $o~ the 1949 issue. The transcript for the 1945
bonds is on file with the Trustee.
Sealed proposals will be received until 7:30 P.g. ~'ugust 9, 1949, in the City Council
Chamber in the City Rall in 'Rest Memphis, Arkansas, at which time the bids will be publicly
opened and read. Each bidder must accompany his bid with a check in the aum of ffi1000 payable
to the City, certified by a bank that is a member of the FDIC, to be bald as liquidated
damages in the event he is awarded the bonds but fails to complete the purchase. The City
reserves the right to reject any and all bids. For further information address the undersigned.
Given by order of the City Council.
CITY OF 1VEST MEMPHIS, ARK.
~:t~~~t~t:t#
Motion was made, passed and adopted authorizing the publication of the Notice as prepared,
and that bids be received for the sale of said bonds on August 9, 1949.
No further business appearing before the Council the meeting was adjourned.
~~ ,~
ATTEST: r^ ~''
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G"=
A?PROVEDs AUCAJST 2, 1949