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..HAD AkID HELD ON .SEPTEMBER 15, 199.
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The Council of the City of ''hest Memphis met in an adjourned session at the City Hall
in said City at 8;0o p,M. on the ].5th day of September, 1949.
The meeting was called to order by the Mayor and upon the roll being called there were;
Presents Mayor P, M, Dacus in the chair, and the following Aldermen: Curtis Foster,
A.. R. Manchester, James Bledsoe, C. H, novrtan, R. R, Morley, P, B. Powers,
O. I. Eollinger, R, L, Garrison; City attorney J. H. Spears and City Clerk
H. 0. Coats.
Absents None.
The following proceedings were had to-wits
Mayor Dacus announced that the meeting eras now open for discussion of matter pertaining
to the operation of busses in the City of 1Vest Memphis. The follotiving letter from the
Attorney General's office was reads
OFFICE OF TIr.S ATTOR^JEY G;.~i~tAL
LITTLE ROCK
September 13, 1949
Honorable P, M. Dacus
Mayor
City of +Vest Memphis
West Memphis, Arkansas
Dear M~ or Dacus s
We have your letter of September 6th in which you inquire as to the authority of the
municipal corporation to require that interstate busses pick-up and disckv~rge passengers
only at the established terminal in such municipal corporations.
In this connection you are advised that State, ex eel Latta v. Marianna, 183 Ark. 027,
is authority for the proposition that the City Council shall have the control of the
streets within the city. You will also note that under Secticn 73-1705 Ark, Stats. 1947,
the term "highway" used in the Motor Carrier Act means public roads, highways, streets and
ways in the State of Arkansas,
Your attention is also directed to 75-lr2b Ark. Stats. 197 in Nhich the cities are given
the power to regulate traffic or the standing or parking of vehicles. Under the ~+iotor
Carrier Act, of course the interstate busses are under the supervision of the Public
Service Commiss:i_on and it is defined that their route is from one fixed terminal to another
fixed terminal. ~~e have consulted Mr. Wine of the Public Service Cormnission and he concurs
in this opinion. You are therefore advised that it is the opinion of this office that a
municipality has authority to regulate traffic in relation to interstate busses upon that
portion of the highways within the corporate limits of Nest Memphis.
Hoping this answers your question, we are
Yours very truly,
IKE MURRY
AT?t~RNEY GFyVFRAT
/S/ JE?F DU TY
ASSISTANT ATTC)RNEY GI:,TIERAL
;Eif-SHEiE
After discussion of the matter an ordinance entitled "An Ordinance Regulating The
Operation of Busses In The City of 1Vest Memphis" v:as introduceiin writing by Alderman
Morley, and read in full.
Alderman Bledsoe moved that the rule requiring said ordinance to be read iri full
on three different days be suspended, and that said ordinance be placed on its second
reading; motion was seconded by Alderman Manchester, and thereafter the Mayor put the
question on the adoption of said motion, and the roll being called, the following
voteds
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Ayes Foster, Manchester, Bledsoe, Rowton, Morley, Fowers, Bollin;er, Garrison,
Nay: kJone.
Whereupon the Mayor declared the motion duly passed and said ordinance placed on
its second reading. The ordinance was then read the second time by Alderman Poster.
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Alderman Rowton then moved that said ordinance be now placed upon its final adoption;
motion tivas seconded by Alderman Manchester, 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 voted:
Ayet Foster, Manchester, Bledsoe, Rowton, Tiorley, Powers, Boll.in~?er, Garrison.
Nayt None.
~~Nhereupon 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 Bollinger, who moved its adoption,
seconded by ylderman Manchester, 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 follotiring voted
Ayet Foster, Manchester, Bledsoe, Rowton, Morley, Powers, Bollinger, Garrison.
i~ay: iVone.
Whereupon the Mayor called to the ~ouncil~s attention that the ordinance, adopted,
contained an emerrenrv clause and suggested that specific action should be taken by the
Council. on this clause. Yhereupon motion was made by Alderman Morley and duly seconded by
Alderman Foster that the emergency clause of said ordinance be adopted, anal the roll bdrr~
called, the following voted=
Ay*et Foster, Manchester, Eledsoe, Rowton, L?orley, Powers, Bollinger, Garrison.
Nay: None.
~Nhereupon 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 West Memphis, Arkansas, and to have same
published as required by law, and to number said ordinance No. 172.
Said ordinance to which no amendment was offered read as follows:
ORDI?dANCE N0. 172
A~~T ORDIDTANCE RF'GrJLATING THE OPERATION O[' BUSES IN THE CITY OF' 11~'ST ME'fiPHISt
BE IT ORP,AIfJr.D BY THF: CITY COUNCIL 0~' THR CITY CF :'TEST T"FA~IT'HIS;
Section 1: That public busses operating in and out, of this City, be and they are
hereby required to establish depots or stations at their own expense, at designated places
~rithin the City, for the purpose of taking on and discharging passeng^rs. The said depots
or stations shall be provided within thirty days after the passage of this ordinance.
Section 2: That public busses operating in and out of this City be and they are hereby
prohibited from stopping on the streets of the city or using the streets of the city for the
purpose of taking on or discharging passen gers, except at the depots or stations to be
provided by the individuals, companies or corporations carrying on such business, at certain
designated places.
Section 3: That before the depots or stations, herein provided for shall be located,
the City Engineer must be notified of the desired locations, and it shall then be his duty
to inspect said locations, having reference to fire hazards, street traffic and street
congestion, and before iss~~ting permits therefor, shall report back to the council his
recommendations concerning the locations.
Section !at "ny person firm or corporation violating any provision of this ordinance
shall be fined upon conviction in any sum not less than Twenty rive 025.00) Dollars and
not more than One Hundred 0100.00) Dollars.
Section 5t Vdhereas, it is found that busses are discharging and receiving passengers
on the streets of ~~est Memphis, and that for the proper traffic control through the City of
~~est Memphis, and. by reason of the fact that mamerous busses are accepting and discharging
passengers along the streets of the said City of ~+est Memphis, creating a traffic hazard
which greatly affer.ts the peace, health and happiness of the citizens of ',nest Memphis, an
emergency is found to exist and so declared to exist and this ordinance shall be in full
force and effect from and after its passage and approval.
Mr. E. J, itubens, Mr, Wilbert Thomas, I°~r. ti, i°;. Oliver, and Mx•. C. B. Nance of the
jVest Memphis Transportation Campan~ met with the Council for discussion of the Oity
gran ting a franchise to the said Company as the 90 day period granted by Ordinance 163
had expired and the Company had obtained new and additional equipment. A report from
the committee composed of Mr, r~orley, Mr. Bledsoe, and Mr. Powers, was heard and after
discussion of the matter by all present, the following ordinance was introduced in
writing and read in full by Alderman Bledsoe; the ordinance was entitled ~~An Ordinance
Granting To `rest Memphis Transportation Company =+ r'ranchise For The Construction,
Maintenance And Gperati.on Cf A Passenger Bus Servi ce Over And Along the Streets And
Public +~ays Of The City Of West ~amphis, ~slcansas, Fixing A Privilege Tax Therefor,
Providing penalties Nbr The 'Jiolat•ion Thereof And For Other Purposes~~
Alderman Morley moved that the rule requiring said ordinance to be read in flzll
on three different days be suspended, and that said ordinance be placed on its second
reading; motion was seconded ::y Alderman Manchester, and thereafter tkte Ltayor put the
question cn the adoption of said motion, and the rill being called, the following
voteds
Aye: Foster, Manchester, Bledsoe, Rowton, Morley, Powers, Bollinger, Garrison.
Nay: None.
l~Itiereupon the Mayor declared the motion duly passed and said. ordinance placed an its
second reading. The ordinance was then read the second time by Alderman 1<riorley.
Alderman Rowtan then moved that said ordinance be now placed upon its final adoption;
motion was seconded by Alderman Pourers, and ai'ter acre consideratian thereof by said Council,
the N}ayor put the question on the adoption of the motion, and upon the roll being called,
the fallowing voted:
Ayes Foster, Manchester, Bledsoe, Rowton, Mor1Ey, powers, Bollinger, Garrison,
Nay: None.
Vr'hereupon the Mayor declared the matian duly carried and said ordinanr..e placed upon
its final reading anct adoption.
Said ordinance was read i.n full by t~lderman Foster, who moved i.ts adoption, seconded
by Alderman Bollinger, and after due consideration thereat 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 Foster, Manchester, Bledsoe, Rowton, Arley, pourers, Bo]1i.nger, Garrison.
Nays None.
WYrereupon the Mayor called to the Counci.l.s attention that the ordinance, adopted,
contained an emergency clause and suggested that specific action should be taken by the
Council on this clause. l'Jhereupon motion was made by Alderman Bollinger and duly seconded
by alderman Powers that the emergency> clause of said ordinance be adopted, and the roll.
being called, the following voted;
Ayes Foster, Manchester, Bledsoe, Rowton, Morley, Pourers, Bollinger, Garrison.
Nay: bone.
;'!hereupon the Mayor declared said motion duly adopted and said ordinance duly passed,
and sit~red his approval to said ordinance and the City Clerk was directed to spread the
same upon the record of Ordinances of the City of iti`est tlemph.is, rrkansas, and to have
same published as required by law, and to number said ordinance No. 173.
Said ordinance to which no amendment was offered read as follows
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~ ORDINANCE N0. ]_73
AN ORDIIANCE GRANTING !C? tVEST hlF;niPfiIS TRAPISFORTATICII C01~'PPNY A FRANCHT`'E FOR THE CONSTRUCTICbI,
MAINT~IAtJCE AND OFERATIOIJ CF A PASSFT}GER BUS SERVICE OVER AND ALONG THE STREETS ARID PUBLIC WAYS
OF TIIE CITY OF 'dJEST P:}EMPNIS, ARKANSAS, FIXITJG A PRIVILu•~~E TAX Tff^RF;FOR, PROVIDING PENALTIES FOR
TfIE VIOLATION T?iEREOF' APID FOR OTHER PURPOSES.
BE IT ORDAI?JED BY THE CITY a)UNCIL CF TFIE CITY OF WEST f.IF,nq'HIS, ARKANSAS;
SrCT10AJ 1. That for the purpose of constructing, operating, and maintaining a passenger bus
service and system within the corporate limits of 'Jest Memphis, Arkansas; the City Council of
the City of Jest Memphis, hereinafter referred to as the City, does hereby grant unto the
Y'Jest 1"~emphis Transportation Company, hereinafter referred to as the Company, and unto its
successors and assigns, upon the terms and conditions hereinafter set forth for a period of
Twenty (24) years beginning on the 1st day of Cctaber, 191;9 and ending on the 30th day of
?;'eptember, 1969, the exclusive right to construct, maintain, and operate a bus system and
service for the transportation of passengers foz• hire over and upon the streets and public
ways of the City of YYest Memphis as they now be, or may hereafter exist, within the present
boundaries of said City, and any extensions thereof during the term of this franchise.
SECTICN 2. That the rights and privileges above granted are subject b and are expressly
granted upon the follovri.ng conditions and stipulations, to-rrit:
SECTICN 3. This ordinance shall not become effective or operative unless the said Company
shall wit.hi.n ten days from the date of the adoption and gassage of this ordinance file its
aereptance of the terms and conditions of this ordinance in writing with the City Glerk of
said City, said acceptance to he entered of record in the records of minutes of said City.
SECTION 1~. ;'he Company shall within ten days after the acc~=ptance of the terms and conditions
of said ordinance as aforesaid, file with the City Clerk an original or certified copy of a
policy of liability insurance, iesued by some reputable insurance company, acceptable to said
City, which insurance company is authorized to do business in the State of Arkansas, insuring
said Company against public lia.bil.ity and property damage in not less than the following
amounts=
rublic Liability X5,000.00 to any one person and
'~ ^25,000.00 maximum to all persons injured in one accident;
Property Damage: X5,000.00 for eahi accident.
Said. public liabi.lit•y insurance shall cover liability for injury to both passen gets and
the general public• and property damage and it. is one of the conditions of this franchise that
said insurance be kept in force at all times during the term of this franchise or any renewal
hereof as herein provided.
SECTICN 5. The company agrees to begin operation of said bus system not later than thirty
days from its acceptance of the terms o£ this ordinance, and to provide and maintain proper,
adequate and efficient equipment, instrumentalities and service at all times during the life
of this franchise and ordinance so as to serve the safety, health, comfort, and convenience
of the public and also the employees of said Company.
SECTIOiJ 6. That for the privilege o.f operating said busses on the streets of the pity, the
Company agrees to pay a sum eqqual to One (1~) per cent of all the fares collected on the
entire operation of the Vvest ~emphi.s Transportation Company for a period of the first Ten
{10) years, and in no event shall. the payments be less than Seventy-Five ($75.00) Dollars
per month during the said period. During the ser_ond Ten (10) years the Company shall pay to
the City a sum equal to Two (2;~) per cent of all the fares collected on the entire operation
of the West l~emnhis 'transportation Company and in no event shall the paymen+s be less than
One Hundred Fifty 01[0.00) Dollars per month, and the Company shall have the right to renew
this franchise for an additional Ten (10) years at a sum to be agreed upon, between the City
and the Company.
SECTIOII 7. The Company shall have the right and power during the term of this franchise to
fix, charge, and collect, reasonable fees for the service rendered by it to the public,
provided, however, that before s~~.ch right and power shall be exercised, it shall file with
the City Clerk of said City a schedule of fees, fares, or charges to be charged and collected
by it, together with al] rules and regulations governing the operation of said business, which
it proposes to put into effect. But before the schedule of fees, fares, or charges to be
collected by said Company together with the rules and regulations gove*n ing the operation~of
said business go into effect the same shall be subject to approval by said City and said City
reserves the right to approve or reject the same in whole or in part and may, if .it. so elects,
to have and conduct public hearings with respect thereto, provided, however, that the Company
shall have the right to charge a ainimum fare of Ten Cents within the City.
The Company shall file a like schedule thirty days in advance of any changes which it
proposes to put into effect as to fees, rates, charges, rules or regulations and said City
reserves the right to pass upon the reasonableness of any proposed changes and to approve or
reject the same in whole or in part and may, if it so elects, to have and conduct public
hearings witYi respect thereto before passing on such changes; and no such rates, fares, fees,
charges, rules or regulations, amendments, alterations or changes +,hereof shall ever be put
into effect until the same shall first have bean approved by said City.
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SECTIOPd 8. upon the acceptance of this franchise the Company shall within ninety days,
file with the City Clerk for approval or rejection by the City is proposed route,
schedule, and the manner of operation of said buses and the City retains the right tc
have Public hearings upon any proposed route and schedule or change thereof, and to
reject the =ame in whole or in Dart; and, if a schedule acceptable to the City is not
proposed, the City retains the right tc fix, on its own motion, a schedule that it thinks
should be adapted to the uses and needs of said. City and the traveling public the reef,
and if said schedule is not adopted and used by said Company the franchise shall be
forfeited forthwith.
Thereafter the Company shall file a like schedule thirty days in advance pf any
changes which it proposes to put into effect as to routes, schedules or other changes
in the manner of operation of said buses and said City reserves the right to pass upon
the reasonableness of any proposed changes and to approve or reject the same in whole
or in part and may, if it so elects, to have and conduct public hearings with respect
thereto before passing on such changes and no such changes oi' routes and schedule shall
be effective until the same shall first have been approved by said City. The City may,
at its option, waive the thirty day waiting period herein provided for.
SECTIOPI 9. Said City either upon complaint or its own motion shall., upon first. giving
reasonable notice, and after a pu.bl.ic hearing, have the power to;
(a) Fix just, reasonable and sufficient rates to :e thereafter charged by said
Company for the services it renders, but in no event shall a fare be less
than Ten gents.
(b) To determine v+hat is reasonable, safe, adequate, and sufficient service to
be rendered and furnished by said Company and to fix the same upon its own
motion by a proper resolution. of City Council..
SECTION 10. The City reserves the right to make any changes in any and all streets or
the grades therefor whenever it sees fit to do so and shall not be liable to said
Company for any damages or losses to said Company that may be occasioned. by such
changes or whenever a change or alteration i_s made the said Company, shall at its own
expense, conform and adjust its rcutes and schedules to comply with the new arrangment
or system oi' street or streets.
SECTION 11. The Company shall keep and maintain during the continuance of its franchise
its rolling stock, equipment, and motive power in good condition and at all times maintain
a first class system and service.
SEL'TIO,J 12. i'he Company shall have the right during the continuance of this franchise to
furnish and collect the approved charge for the transportation o.f passengers; and far the
pur?oses of giving a continuous ride, the said Company shall. gi~,.~e transfer tickets which
will. enable passengers at all times during the operation of the said buses, to obtain for
the payment of one fare; as herein provided, a continuous on^.-way passage on any of its
r~.ites in said City limits; 3s herein fixed or may be hereinafter fixed, provided that tyre
Company may make sr:ch rules or regulations in regard to transfers as to limit the time in
which they ure to be used, so that they may be available only for the first connecting car '
or bars, and. as to any other matters necessary to protect the Compan;r from impo~~tion and
abase of said transfers; provided further that al_1 children not over the age of five years,
when accompanied by a fare-paying passenger shall be permitted to ride free.
SECTION 13. T}re Company shall Trot permit, or allo:v any person or persons to operate a bus
or buses until said driver has passed a satisSactory driving test, has been given. instructions
in safety precautions, and. first aid. The Chief of Police of said City is hereby designated
to test the driving ability of spy proposed drivers and until said drivers are deemed by the
Chief of Police to be qualified to operate a bus such person or persons shall not be permitted
to drive or oper-rte said buses.
SECTIOt1 11r. :'aid buses shall be ecui;~ped with two doors for passengers to get pn or off the
said buses, and also have a third door for emergencies.
SECTION 15. The City reserves the right to designate where regular bus stops are to be made.
SECTION 16. The Company shall begin to operate its buses not later than 5;30 A.lut. and shall
continue to operate the same unt 1. 1.1:00 F.~. on each day during the continuance of this
franchise. T'he Comcany, at any time, for the convenience of the traveling Public, shall. have
the might to int;:grate its routes.
SL'CTIO}J 17. The said Company shall operate over the scheduled routes of said 6ity at all times
and shall provide suitable ventdlation on said bases in the summer months and provide suitable
heating facilities or said buses during the winter months.
SuCTICP} 18. The Company shall keep and maintain a correct set of books, showing the daily
receipts from fares and shall file with the City Clarl: on or before the 15th day of each month
a sworn statement showing the gross tares collected for the preceding month, and the City shall
at all times have the right to ma?ce a complete examdnation of the bookti and accounts of said
Company and such examination may be made by ar;ent., attorney, accountant or any other person
desig~rated by said City.
The foll rnving resolution was introduced in writing and read in fltll by Alderman Morley:
That the Mayor and City Treasurer be, and they are hereby authorised, directed and
instructed to withdraw the sam of Forty-Two 'Phousand Si.x I~undred Fourteen and 40/100
(9~42,61la,la0) Dollars from the union Planters National Bank g Trust Company, being part of
the proceeds from the Forty-six Thousand 046,000.00) Dollars Sewer Revenue Bonds and tha t
said sum be placed in the Sewer Extension and Repair Fund thereby making said sum available
to pay the cost of repairs, extensions and or improvements to the City Sewer System.
This resolution was seconded by Alderman Foster, and uo_on the matter being called to
vote, the following voted
Aye% Foster, Manchester, Bledsoe, P.owton, ~'brley, Powers Garrison, and Lollinger,
Nays Bone.
Mayor Bacus brought to ±.he Council's attention the fact that there were a number of
delinquent accounts due from the Sewer Extension and Repair Fund and thereupon the accounts
were examined and motion was made passed and adopted that the following accounts be paid from
the Sewer F'xtension and Repair p'urtd~
Dixie Drive It Yourself System ?t95.72
Pidgeon-Thomas Iron Co. 44.78
Road Eatilders Equipment Co, 68.01
Memphis Blue Print uo. 18.?0
Charles J. Upton Co. 62,07
Western Auto Ass, Store h.59
Riechman-Crosby Co. 54.92
'N. M. Machine & i°Telding Shop 2,00
Carey Eqt. Co, 301,93
S. C. Toof & Co. 20.55
Garrison Ready Nlix Concrete Co. 653.54
r"armors Supply Co. 87.55
J, 1, Riggs Tractor Vo. 50.18
Crittenden County Times 6.1.2
Hope Brick ~,gorks 102.00
Fischer Steel Corp. 138.97
Delta jce Co. 10.10
Bragg Auto Co. 103,95
Hawkins Eqt. Co, 600.00
Choctaw, Inc, 739.34
Tri-State Eauipment "o. 1,695.80
iV. K. ln~>ram 600,00
A. E. Heag3.er 2, 712.50
McCaa Chevrolet.CompBny 2,731,46
Dacus Lumber Company 1,4.97.44
City of Vvest Memphis-General Fund 1x,000,00
Upon the matter being called to vote, the following voted
xye° Foster, t;anchest.er, Bledsoe, Rowton, Morley, Powers, Garrison, and Bollinger.
Nay: None.
No f1~rther business appearing, the meeting was adjourned,
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