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August 16, 19492~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST 10/1~HIS, ARKANSAS HAD AND.HELD.ON AUGUST 16,.1949. The Council of the City of 'pest Memphis met in~egular session at the City Hall in said City at 7:30 P.M. on the 16th day of August, 1949. The meeting was called to order by the Mayor and upon the roll being called there werer Presents Mayor p. Y. Dacus in the chair, and the following Aldermen: 0. I. Bollinger, C. H. Rowton, James Bledsoe, Rey Garrison, Roy R. Morley, Curtis Foster, P. B. Powers, A. R. Manchester. City Attorney Herman Spears, and City Clerk H. O. Coate. Absents None. It being determined a quorum was present the following proceedings were had to-wits Minutes of Council 1~eeting on August 9th, were read and approved. Mayor Dacus recognised E. A. Rievea, Jr., Attorney for Hulbert-West Memphis School District, and who appeared before the Council in connection with the proposed Ordinance for the vacating of a portion of Gibson Avenue in Linden Addition, this being the date set by the Council at its meeting on July 19th, 1949, for the purpose of hearing complaints or ob~ecta to the closing of that portion of Gibson Avenue which the Hulbert-Went Memphis School District desired to be closed and which was covered in a petition filed with the City, and also covered in the notice published in the Crittenden County Times. Mayor Dacus announced that the meeting was open for a hearing of ob~ectiona, if any there be, to the closing of said street. No one appeared to object, and the Mayror than advised that it would be in order to prepare the proposed Ordinance closing said street. THEREUPON an ordinance as titled nAn Ordinance Vacating a Portion of Gibson Avenue in the City of Weat Memphis, Arkansas„ was introduced in writing and read in full by Alderman Garrison. Alderman Bledsoe 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 xas seconded by Alderman Morley, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Ayes Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers, Manchester. Nays None. Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinan ce was then read the second time by Alderman Bollinger. Alderman Powers than moved that said ordinance be nox placed upon its final adoption; motion was seconded by Alderman Morley, and after due conslderation 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= Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers, Nancheater. Nays 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 Rowton who moved its adoption, seconded by Alderman Bledsoe, 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 noted: Ayes Bollinger, Rowton, ffiedaoe, Garrison, Morley, Foster, Prnvera, Manchester. Nays None. Whereupon the Mayor called to the Councils attention that the ordinance, adopted, contained an emergency clause and suggested that specific ation should be taken by the Council on this clause. Nhereupon motion was made by Alderman Manchester and duly seconded by Alderman Foster that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers, Manchester. Nis None. :'hereupon the 1°ayor decalred said motion duly adopted and said ordinance duly passed, 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 Weat lsemphia, Arkansas, and to have same published as required by law, and to number said ordinance No. 169. Said ordinance to which no amendment was offered read as follows: ,i ORDINANCE N0. 169 AN ORDINAN CE VACATING A PORTION OF GIBBON AVENUE IN THE CITY OF WEST MEMPHIS, ARKANSAS. j~ ,~ NEiEREAS, a Petition was duly filed with the City Coundl of the City of Weat Meng~hie, Arkansas, on the 19th day of July, 19b9, asking the City Council to vacate and abandon all that portion of Gibson Avenue designated on plat of the Lyndon Addition to said City appear- ing of record in Plat Book "1" at page 70 in the office of the Recorder of Crittenden County, Arkansas, beginning at the point xhere Gibson Avenue intersects the East line of Avalon Street (formerly P7.ippo Street) extending thence East to the point where Gibson Avenue intersects the West line of Redding Street, being so much of Gibson (venue as lies between Block H and ffiock I of the Lyndon Addition to the City of West yemphis, Arkansas. WHEREAS, after due notice as required by law, the Council hsa, at the time and place mentioned in the notice, heard all persona desiring to be heard an the question and has ascertained that the street, or portion thereof, hereinabove described; has heretofore been dedicated to the public use as a Street hereindescribed; has not bean open and has not been actually used by the public generally for a period of at least 5 years subsequent to the filing of the plat; that all of the arnera of the property abutting upon the portion of the Street to be vacated have filed with the Council their written consent to such abandonment and that public interests and welfare will not be adversely affected by the abandonm3n t of such Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSASt 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 and to the Street designated as follows: Gibson Avenue from the point where Gibson Avenue intersects the East line of Avalon Street (formerly F7.ippo Street) extending thence East to the point where Gibson Avenue intersects the West ~~ line of Redding Street, being eo much of Gibson Avenue as lies between Block H and Block I of the 1'yndon ~4ddition to the ~~ City of West Memphis, Arkansas, as reflected by plat of said Addition filed for record August 5, 1936, and duly recorded in Plat Book "1" at page 70 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 Crittenden County, Arkansas, and recorded in the deed records of this County. Section 3. This ordinance, being necessary for the preservation of the public peace, health and welfare, an emergency is hereby declared, and the same shall take effect and be in force from and after its passage. Attorney John Fogleman representing William L. Johnson, Inc., appeared before the Council requesting an ordinance to amend Ordinance No. 158, passed and approved on the 3rd day of November, 1948. It was pointed out that Ordinance No. 158 as previously passed, showed the plat as having been recorded in Plat Book 1, at Pages 4 and 5, whereas the plat was actually recorded in Piat Book 1 at Pages 21~ and 25, and after a discussion of the matter, it was recommended by the Mayor and City Attorney that Ordinance No. 158 be corrected. Thereupon an ordinance entitled "M Ordinance To Amend Ordinance No. 158 of the City of West Memphis" was introduced in writing and read in full by Alderman Morley. ~ldermaw Bledsoe moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed an its second reading; motion was seconded by Alderman Rawton, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voteds Ayet Bollinger, Rowton, $ledsoe, Garrison, Morley, Foster, Powers, Manchester. Nap-= None. Whereupon the M~ror declared the motion duly passed 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 Manchester, and after due consideration thereof by said Council, the ~ or put the question on the adoption of the motion, and upon the roll being i called, the following voteds Aye= Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers, Manchester. Nay: None. Whereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. 2J ~, it Said ordinance was read in full by Alderman Rowton, who moved its adoption, seconded ~' by Alderman Powers, and after due consideration thereot 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 votedr Aye= Bollinger, xowton, Bledsoe, Garrison, Morley, Foster, Powers, Man cheater. Nay= None. whereupon 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 Foster and duly seconded by Alderman Garrison that the emergency clause of said ordinance be adopted, and the roll being called, the following voted= Aye= Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers, i(ancheater. Nays None. Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his ~ proval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of west Memphis, Arkansas, and to have same published as required by law, and to number acid ordinance No. 1.70. Said ordinance to which no amendment was offered read as followas ORDINANCE N0. 170 AN ORDINANCE TO AMFND ORDINANCE 158 OF THE CITY OF V'VEST MEMPHIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSASt SECTION 1. That Ordinance No. 158 of the City of West Memphis, Arkansas, adopted on November 3, 1948, be and the same is hereby amended to read as follows, to-wit: "l1RDINANCE N0. 158 - AN ORDINANCE VACATING CERTAIN STREETS IN THE KPN DAL ADDITION Whereas, a petition was duly filed with the City Council of the City of west Memphis, Arkansas, on the let day of September, 1948, caking the City Council to vacate and abandon portions of certain streets and avenues shown on plate of the George T. Kendal Addition to the Town (nox City) of Neat Memphis, Arkansas, of record in the office oY 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 Avenue and Van Buren Avenue, the portions of said streets sought to be vacated being specifically described as follows, to-wit: Harrison Avenus from the East aide of Eighteenth Street to the Drainage Canal along the present pastern city limits of the City of West Memphis. Van Duren Avenue from the mast aide of Eighteenth Street to the Drainage Canal along the present Eastern City limits of the City of Neat Memphis. Eighteenth Street from the North side of Harrison Avenue to the South aide of Van Huren Avenue. Nineteenth Street from the North side of Harrison Avenue to the South aide of Van Buren Avenue. Twentieth Street from the North aide of Harrison Avenu3 to the South aide of Van Buren ~-venue. Twenty-first Street from the North side of Harrison Avenue to the South aide oY fan Huren Avenue, and said streets and alleys being deaf gated on plate of record in Plat Boob 1 at pages 24 and 25, Plat Book 1 page 75, Plat Book 1, page 119 and Plat Boob 1, page 198 in the office of the Recorder of Crittenden County, Arkansas. whereas, after due notices as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the streets and avenues or the portions thereof, hereinabove described, has heretofore beat 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 filing 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 such abandonment of such portions; and that the public interest and welfare will not be adversely affected by the abandonment of such portions of such streets and avenues. _. Now Therefore, be it ordained by the City (,buncil of the City of West 1lemphia, Arkanaaat !~ SECTION I. The City of West Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally, in and to the portions of certain streets and avenues designated as follower Harrison Avenue from the East aide of Eighteenth Street to the Drainage Canal along the present Eastern city limits of the City of West 1~emphis. Van Buren Avenue from the Eaat aide of Eighteenth Street to the Drainage Canal along the present Eastern d ty limits of the City of West vemphis. Eighteenth Street from the North aide of Harrison Avenue to the South side of Van Buren Avenue. Nineteenth Street from the North side of Harrison Avenue to the South side of Van Buren ~ Avenue. Twentieth Street from the North aide of Harrison Avenue to the South side of Van Buren Avenue. 1b-enty-first Street from the North side of Harrison .lvenue to the South side of Van Buren Avenue, and said streets and alleys being designated on plats of record in Plat Book 1 at pages 24 and 25, Plat Book 1, page 75, Plat Book 1, page 119 and Plat Book 1, page 198 in the o fic of the Recorder of ~%rittenden unt Arkansas. t e Co Ys SECTION II. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder oY the County and recorded in the Dead Records of the County. SECTION III. This ordinance shall take effect and be in force from and after its passage." SECTION II. 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 Deed Records of the County. SECTION III. This ordinance shall take effect and be in force from and after its passage. A group of d tizens from the east alde of Weat 1(emphis appeared before the Council with 1(ra. Billy Curtis as their spokesman, and requested the Council to give the eastern part of the city more consideration when making improvements to streets and other civic enterprises. ]favor Dacus advised the group that plans had been previously made to gravel and improve certain other streets, and that when funds were available this would be done. Shirley Sims also appeared before the Council and requested that proper drainage be provided on l[onroe Street between 10th and 11th Streets. City Engineer Tegarden was instructed by the Council to attend to the matter. Alderman Powers su ggeated that fire station be built and afire truck maintained east of the railroad. It was pointed out that the City has no funds with which to construct such afire house or to man the equipment. Bruce Royer appeared before the Council to request permission for the construction of a skating rink on South 9th Street to be used by colored people only. He was advised to file an application with the building inspector as required by law, and the application would be con- sidered by the Council. 1(ayor Dacus advised the Council that Howard Ross of Leftwich-Ross, bond dealers of lfemphis, Tennessee, T. J. Raney of T. J. Raney and bons of Little Rock, and Tom Walker of Equitable Securities of Lemphis, Tennessee, were desirous of-appearing before the Council to make a proposal to purchase X196,000.00 of sewer revenue bonds. lfr. Rosa of Leftwich-Roes proposed to buy the X196,000.00 of Sewer Revenue Bonds provlded he could secure the approval of the issue by consulting engineers, that he would purchase X150,000 of said bonds for par at three percent interest, that he would pay ~926.L.0 for each X1,000 par value bond, plus accrued interest to date of delivery for the $46,000.00 of the bonds already printed ae authorized by Ordinance No. 107. T. J. Raney offered to purchase said bonds at par 3~ percent interest provided any defaults guaranteed by excess revenues from Light and Water Plant. Tom Walker of Equitable Securities made a tentative offer using tentative interest of Bur percent for $150.000, and that the proposed issue be reduced to $].50,000. After all the proposals had been heard, they were considered and discussed by the Council and it was thought that the proposal of Leftwich-Rosa was the better proposal. 2 %J Mr. Ross exhibited a contract which was also read and discussed by the Council, and after a discussion of the matter, and being advised by the City Attorney that the contract appeared to be in good form, motion was made by Alderman Bledsoe that= The Mayor and City Clerk be, and they are hereby authorized, directed and instructed to execute the proposed contract with Leftwich-Ross for the sale of said X7.96,000 Sewer Revenue Bonds. This motion was seconded by Alderman Rowton, and upon the matter being cal]e d to vote, the following voteds Ayes Bollinger, Rowton, Bledsoe, Garrison, Morley, Foster, Powers and Manchester. Nays lone. The contract read ae followas August 16, 19119 Hon. Mayor ~ City Council, City of West Memphis, Arkansas. Gentlemen; Mau are proposing to issue Sewer Revenue Bonds of your City, to be payable from the net revenues of the Sewer System owned and operated by the City as followas X!16,800 3~ Bonds, dated June 1, 1945, maturing June lsti X1,o00 1957/66 inc. 3,000 1967/78 inc. and X150,000 Bonds to be dated, to bear interest and to mature as hereinafter specified. In connection with the aforesaid bonds we submit the following proposals 1. We will purchase for cash the aforesaid XLc6,000 of 3$ Bonds at a price of X926.110 for each X1,000 par value bond, plus accrued interest to date of delivery. We will purchase for cash the aforesaid $150,000 of bonds, at 100 and accrued interest to date of delivery, said bonds to be dated August 1, 19119, to bear interest at 3-1/2~ per annum, payable semi-annually June 1 and December 1st of each year, both principal and interest to be payable at the Union Planters National Bank & Trust Co., Memphis, Tennessee, to be of X1,000 denomination and to mature June 1st of each year as follower $ 5,000 1960 to 1979 inc. 50,000 1980; provided said bonds are, when authorized to be issued, converted to bonds bearing 3~ interest, aggregating $1611,000 par value and maturing June 1st of each year as followas # 4,000 - 1957 5,000 - 1958 to 1979 inc. 50,000 - 1980. All of said $16!1,000 of 3~ Bonds shall be redeemable by the City at 100 and accrued interest, in inverse numerical order, on June 1, 1959 or on any interest payment date thereafter. Union Planters National Bank & Trust Co., Memphis, Tenn. shall be named as Trustee under the Ordinance issuing the said bonds. 2. Our offer to purchas! the aforesaid bonds described in Paragraph #1 above 1e made subject to the followings (A) All of said bonds shall be approved in all respects as to legality by Chapman & Cutler, Attorneys, Chicago, Illinois as special obligations of the City of West Memphis, Arkansas, secured by and payable from the net revenues of the Sewery System of said City as defined in Ordinance X107, adopted July 7, 19115. The Ordinance of 1949 issuing said bonds shall contain the usual and customary covenants to secure effectively the p~rment of said bonds and interest. (B) The Ordinance issuing the aforesaid X164,000 of 3% Bonds shall provide, among other things, that the pity shall create from the net revenues of said Sewer System, after provision for Operations and Maintenance and necessary payments for debt service into the "Sewer Revenue Bond Fund" (aa provided in Ordinance X107) a "Reserve Fund for Repairs, Replacements and Rxtensions" and shall pay into said Fund on the fist day of each month the unexpended balance of the net revenues of the System, until such Reserve Fund shall contain the sum of $50,000.00. From such Reserve Fund the City shall be permitted to make withdrawals for repairs, replacements and extensions to the Sewer System and to supplement the Sewer Revenue Bond Fund to meet maturing principal and interest on any outstanding Sewer Revenue Bonds. When such withdrawals have reduced said Fund below X50,000.00 it shall be restored to that figure out of the first and next available net revenues, after compliance with the requirements of Ordinance X107 as aforesaid. Whenever all requirements of Ordinance X107 have been met and the said Reserve Fund contains X50,000.00 then all other net revenues The City shall be permitted to iaveat the Dash funds in the Reserve Fund only in obligations of the United States Government maturing not more than 12 months from the date of purchase. The cash or bonds in the Reserve Fund shall be held by the Trustee and released by it to the City only upon appropriate .evidence to the Trustee that such withdrawals and expenditures are for the purpose or purposes authorized. i~Y-enever Hinds in the Reserve Phsnd and/or the Sewer Revenue Bond Fund are sufficient to redeem and retire all_of the outstanding Sewer Revenue Bonds, including accrued interest, then the funds on hand in one or both of said Funds may be used for that purpose. (C) The present setup of the existing sewer facilities of the City and the proposed repairs, improvements and extensions to be provided from the proceeds oP the aforesaid bonds, shall be subject to review, examination and inspection by Duff & Phelps, Utility Consulting ~'ngineera of Chicago, I11. Our agreement to take up any pay for the said bonds shall be aub~ect to the written approval of Duff & Phelps that said Sewer System~a construction, operation and maintenance and financial structure are sound and will afford, in their opinion, adequate and uninterrupted service, and sufficient net revenues for its proper opeation and prompt payment of its indebtedness; further, the City agrees to adopt such reasonable suggestions as Duff & Phelps may make as to construction, operation or financing of said proposed repairs, improvemaits and extensions to enable them to approve the feasibility and financial soundness of the project. The City shall be entitled to receive a copy of the opinion of Duff & Phelps when it is released. This opinion shall be in brief, concise form if it is unfavorable but shall consist of the usual report, consistent with the undertaking, if it is favorable. (D) Upon acceptance by the City of this offer xe agree to take the following action: 1.. 1~e will undertake to have Duff & Phelps make their examination and report with the least possible delay. 2. If the report of Rugg & Phelps is favorable xe will immediately proceed to have Chapman & Outler, Attorneys, prepare the necessary proceedinga_for the issuance of the X164,000 of bonds and release their approving opinion of the '46,000 of bonds. Upon receipt of such approving opinion we will make payment for and accept delivery of the $lt6,000 of bonds at once; and we will make paJ-ment for and accept delivery of the X164,000 of bonds as soon as necessary legal procedure has been completed and Lhe approving opinion of Chapman and Cutler is received by ua. 3. We will pay the expense of the followings (a The fee of Duff & Phelps (b~ The Trustees fes 44c) The Yee of Chapman & Cutler (d) The cost of printing the blank bonds. Respectfully submitted, LEFTWICH & ROSS, Memphis, Tennessee By /S/ H. C. ROSS The foregoing offer was this day accepted by the Mayor and City Council of the City of West Memphis, Arkansas, and ordered spread upon the Minutes of said Council. This August 16, 1949. /S/ P. M. DA4NS Mayor, City of Weat Yemphia, Arkansas Attests /S/ H. 0. COATS City Clerk M. N. Johnson appeared before the Council requesting refund of one-half of his privilege license which he had paid, advising that he had discontinued business. lotion was made, passed and adopted, authorizing the refund in the amount of X10.00. No further business appearing, the meeting was adjourned. ~' ATTESTS ~~;~~i1,~ API~ROVEDs SEPTEMBER 6, 1949