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October 18, 1949J;~~-r:~ui,i.~ yr n iL__,ui:,n ,__.iu,.x ur xrr: uiit .ti:uid,ix, yr ir_ vixi ~'r .,..,~x a:_,:~,t'i~l~, rtU'.t~V~N~, H,U ADIP li?;LD QN _(,T 'I'OBr.R. 18, 19!9 The Council of the City of ;'lest P.`emphis met i.n regular session at the City Hall in said City at 7;30 F.M., on the 18th day of October, 1i~~9. The meeting vras called to order by the Mayor and upon the roll being called there were: Present; ?4ayor P, M. Dacus i.n the chair, and the following Alderman: Curtis Foster, C, H, Rowton, James r[, Filedsoe, Ft, R. Morley, 0. I. Bollin~~er, R. L, Garrison; City ~.ttorney J. H. Spears, and City Clerk H. U. Coats. p.bsent; Iadermen A, x. ranchester and p, B. Powers. It being determined a cuorum :ras present, the following proceedin~•s arere had to-wit: Pirinutes of Council Meetings on October lrth and 10th were read and approved. Mayor llacus announced that the first order of business v~ould be the question of buses operating within the corporate limits of the City of Vest Puemphis in violation of Ordinance P1o. 172. ~ letter from the Attorney general's office that vras made a part of the minutes of the Council Meeting on Septeniuer 15, 1°IG9, was read statincr the City's authoirty for p3 ssa~e of said Ordinance No. 172, P~4ayor Dacus also advised that he had ~vritten the following bus companies; P,i.rie Greyhound Lines, I;rnerican, r~I~_rrphis-p;est P~4emphis Transit Company, Delta Lines, 3outhivestern Gre~•heund, Arkansas Motor Coache, D."issouri-Facific Bps Lines, advising of the aetion of the City Cowicil and enclosing a Dopy c+' Crdinance No. 172, that he had received a number of replies from comp<-ni.es advised statinc; that they had instructed their drivers to comply xri±.h the Ordinance; that the follovrin?; application lied 'peen filed by the iuemphis- .est ,'Ie~,phis Transit Company; "Hon. F. P:3. Dacus, I+ayor City of ;,test IL:~mphis, Arkansas Dear Sir: ;~rclcsed is the original and copy of an application filed by this caa;any with t}ie City Council of the City of :;est P.:ern,~}~ris for designation of depots or stations in the City of ,+est Pi!eraphis for this company, Please be notified that it is the desire of this company that the lc~.ations set out i-n said application be designated by tine City Council of the City of ?Jest 2~fiemhhis as .iepots or stations for this company, ~~ copy of this aL~plication hss been forwarded to the City Ln^':nePx. Yc,urs truly, h~"EJ~ii'HIS-,';_~;~T I;L.:'~uIS :'R_`iSIT COPt1'AP1Y By ~ S~ T, .. D~dTOPd" " 'FY`tr TI-Ir CITY CCt)TICZ OF THi; CITY Cii' L T +_T.P.`.PH.IS, : i~IL,lI.`'AS IP} THE P:"r1 TT'IP. C F' T?~I ~;I' PLI CATIOPd OF ie.`~L:PHIS-i'IE°T I,I;~~:PHI° TR?^I~IT 'C(i1:iPAidY EC11Z Di?-CIi~'ATIOP} OP P.I?S '1F1'OTS oIi .~Tr~TIOrI Comes Hour iv;Emphis-l+est Ivie,uphis Transit Cou;pany, and hereby respectfix].ly applies to the City Council of the City of ,:cst P:iemphi-s for de~i~rnation by said Council of bus depots or stations, .'aid as ,,-rounds for this application sho:vs; That this ~~plication is made pursuant to the terms of Ordinance No. 172 of the City of ?~Fest Men~~phis, Arkansas. 'Phat at the present time, and for a Hum"-r oz' years previous hereto, this appl.icaiti or its predecessor, has been operatinF• a bus line bet.~~een P.fernphis, 'T'ennessee, and luest P.4emphis, Arkansas, by virtue of a certific-te of public convenience and necessity issuc;d to tneui by the Interstate Coumrerce ~orm~ussion. That at the present time this applicant is operating in competition. between i~~ernphis, Tennessee, and '.'rest f~lemchis, :rkansas, with the tfest ;:ieuphis Transportation Company, and other bus lines. That in such operation it is necessary i'or this applicant to pick un and dischar;;e passengers within the City of i'Jest Mecohi.s, Arkansas. That in performing its ai~theri ->ed operation bet~.~eeri I.~,.~phis, 'Pennessee, and '.Jest P:emphis, Arkansas, applicant has been for a nur..ber of years pis}ring up and discharing passengers along U. S. HiJ:hsray 70 in the i;ity of "u~~>st p.reYr,?ii.s ?,.'t'°een tlia eastern city limits of the City cf ~,,~est f.Iemphis and the junci:ion of U. S. Hi~1•iUray 7C and ??, ~. TIi~Thtvazr 70 and of in the City of ^,~est P:9c::phis betvreen the ,junco-on of U. C. i}i?>tr:rays 7o and hl and the northern city limits of t}ie City of ~riest Yaemphis. 323 applicant further shows that Ordinance ?v'o. 172 passed by tkxe City Council. of the City of ;test iviemphis reluires this applicant to establish depots or stations at desinn~ted places within the city For the purpose of taking on and discharErinlt passengers, That in order to continue the operations which this applicant and its predecessors have conducted betv-reen the City of Vest iviemphis and Iviemphis for a long period of years, and :in order to perform the service authorized by the certificate no-rr held by this applicant from the Interstate Commerce. Commission, and in order to fully serve to the best of its ability, the citizens of ;lest Memphis, Ard;ansas, this applicant hereby respectfully requests _thz:.t the City Council of the City of v'+est P:iemphis and the City ingineer of the City of 'Vest I,emphis approve and desiYnate the follow-i_ntt locations in the i;ity of ',est PJemphis as depots or stations for this applicant, namely; On the east and west side of U, ~, High~,vay 61 ~;vhere said hiah.vay intersects pond Street, Oliver Street, llainer gtreet, Cooper Street, Roosevelt ~'treet, South ~;;e11i.nI*ton Street, Plorth Center Drive, the junction of U, S. Highway 61 at the Central Liguor Store, also at all points and places at the inter- section oa Second Street, ar;d U. ~. Hi,~-hrtiay 61 and 70, at the bus station novv located in the City of nest 1•.-lemphis, Arkansas, at 108-10 East Broad~^ray Street. On the north and south side of U, ~, }Ii.^hway 70 at the point where U. ~%. }iirr}Tway 70 intersects v~~ith Third Street, Fourth Street, Sixth Street, Seventh Street, Eighth Street, Minth Street, Tenth gtreet, Eleventh Street, Twelfth Street., Thirteenth Stroet, Fr~urteer_th Street, Fifteenth Street, Sixtzenth gtreet, Seventeenth Street, r,ighteenth Street, Nineteerah gtreet, Twentieth Street and Twenty- First Street. This aE;p7_icant .Further sho~~vs that in picl;in:? up ~.nd discharrin~ passengers at the above desil;natzd locations, its buses fill proceed off of the main or traveled portions of the hihwa~r, and by doin? so, your applicant's buses will not obstruct or impede traffic ~aoving on said hi;^hrvays, This applicant does not con~eae the validity of Urdinance 172, nor does it ^oncede the validity of the plan outlined in 14ayor Dacus letter of September 19, 1;'L~y to grant the ++est Ciemphis Transportation Company an exclusive franchise in interstate commerce between ItZemphis and ',vest 1?emnhis. Your applicant further requests th t the City ~rxgineer of Jest Iviemphis be notified of the above desicnated desired locations, that he inspect the same, and that he approve the same. 4,espectfully submitted, MEAff'HIS-':'u}„" T P~".Ei~}PHIS 'I'Rtl^'SIT COMYAPiY By /s/ 'P. S. Denton' Mr. Troy Denton of the iviemphis-',^lest iviemphis Tr~uxsit Uompany and Anr, F,lton Rieves, Jr,, counsel for said company, were present and discussed with the Council their application. also a petition secured by their company, sirn_ ed by a number of citizens of y'Test Memphis was read by the Mayor. 1'fr, Rubens, i'rir. Oliver, Mr, Thomas, of the ';Vest P4emphis Tx•axrsporta~tion Company, and ".Yx•, C. B. Nance, Counsel for said comp~~~ny, ,vere also present, and as said company had been granted a franchise by Ordinance No. 173, re~luested that the Council not permit any violations of City Ordinances that would affect their franchise. After a len~,thy discussion by all present the follcvrinc motion was made by i;lderman I:iorley: That the application of the Pviemphis-;`lest n4emphis Trans..it Company be refused due to the fact t}ra+, the City had Granted another company an exclusive franchise within the city limits as per Ordinance No. 173. The motion ti+;as seconded by .alderman ltotivton, (1) Mr•, Rieves asked if Ordinance Ne. 172 °r;as „Ding to be enforced as to the est Memphis Transportation Cvmpany and the Mayor replied that it would not as the 'vuest Mernhhis Transportation Company had been granted a franchise by the City, arrd, under ,Section £3 of same this company had ninety days within tivhich to file a route and. schedule for operation of buses within the City. (2) l7hereupon alderman varrison asked if the application could. be passed on in the absence of a report from the City Engineer, (her. 'penton having; advised that a copy of tixe -replication and a letter were forwarded to the City Lrrcineer at the same time the application was sent to the :'vlayerl, and it be9.ng ruled that the motion :vas in order, the matter being called to vote, the following voted; Ayes Foster, BollinGer, Garrison, gomrton, Bledsoe, and P;iorley, Nay: None. City Pttori°y spears advised ti!c- Council that he h.d becil notified bey counsel for the P~~em,~hisr-~~rest .~mphis `Cransit Con!,~any that said company is eoins• to Pile an injircti.on i.n the ~~ Federal Court to determine the matter, Thereupon, aft~_s discussion by all parties involved j an agr~~ernent eras reached that the police Lepartu:ant be instructed to arrest any driver of the iw^.emphis-l"Vest t.iem~~his Transportation Corn~any that 'ryas seen violating Ordinance I?o, 1.72, bat that only one arrest vrould be made from this date !:ntil pctober 28th in order to allo~.v the transportation cornpeiny sui'1'icient time to file a!: injunction: ~7_so that the City ettorney vrould recolnca~nd to the Judge of the '.-rest Me.uuhis ltiarnicipal Court that a matter now continued until pctober 15th for violation of Ordinance P1o, 172 by a driver, '~':', y,. Farks, of the ~ Transportation Company be conti.nue,d until October 25th, a7_so, but that after that date if' the injunction had art been filed or nranted that the pro~Tisions of Ordinance Dio. 172 would be enforced by the City, 4 cormnittee from the :;rest Nlem~his Fire department appeared before the Cn,zncii_ to renuest it funds for expenses for a delegation from the Fire Department to attend the Mate F.iremen~s C~nveation in tort ~m:i.th on pctnber 2L~, 25, and 25th, :after discussion of the matter a motion •nas msde, passed, and. adopted that the sum of .~3:~0,00 be appropriated to the <(est Memphis ' Fire Department from the %eneral round for Dues, aegistrati.on 'r'oes, and ~~cpenses to send four ~' members of the Department to the convention, 'j 14ayor Dacus advised the Council that he had received a letter from the ilnicn I'lantars ~' p,atioaal Bank 8~ Trust Ccml,~any that the sum oP x+150,000 from the sale of ~tewer rleven!;e Bonds - j series 19L;9 to Leftwich & Ross had ncy btcen deposited vrith them. After discussion of tyre city's plans for repairs, extensions and retirement of outstanding certificates, ttie following resolution w:is introduced in r~ritinf_,= by nlcierman eQedsoe; I, R ~ s G L iJ T I G h That the Union Planters National. Bank and Ira t Company o+ ~ e:a;phis, Tennessee, credit, the ~;j flank of ~:dest Y,:emphls, ';pest I~:em~,his, ,~r'kan::as, with „175,000 ana the I;larchants 8r planters Rank, best lue.iihhis, Arkansas, with `75,000 from the ae:•rer ivevenue :fond Fund nrnv on deposit in said ~` TTnien planters p,ational Banc and Trust Company in the 'T'rust lJepr~rtment, said funds to be used by ! the City of •~est P.'.emphis for repairs, extensions to sewer C,ystem, and rotire:rent of outstanding Certificates of Indebtedness issued by the City of F~Iest Memphis. Motion was made by alderman ;?owton and seconded by Al,?errnan ?Worley that the resolution be adopted. Upon the matter being called to vote, the follo~^ring voted: ^ye: •'oste.r, Bollinger, G±rrison, Ro~rrton,rledsoe, and I.;orley. Nay: Tdone. (i The progress of the se-~ver repair work was discussed and Mayor Dacus advised that the Engineer, ~' Mr. P;. E. Heagler, had repuested an advance payment on his entineer~s fee on the project, thereupon, 'I motion '.vas made, passed, and adopted authori~inF; the paj*ment to Mr, A, ~;, Heagler, xigineer, the sum of ?,1,300.00 from the ;ewer p.epair andrxtension rand. i ~I Mayor Dacus advised the Council that in accordance with Ordinance No. 155 a Board of Adjustment is to be appointed, and iie made t1~e following recom!uendations fcr members of the Board: Charles neGraff, !i Fred Orunes, Louis Poole, Y. McClanahan, and i;, J. F.ubens. ;f ter aiscussion t:ie following motion ~:;~as mane Ly hlderman Powton: '~ I 'I That the raconnncndatioi~is nice b,, P°~iyor nacres for msmbc~rs of the Board of :.djust;eat. be ccnfiru,ed, The :notion ::as seconded b,r Ml~_icr:,.an pl dsce, and n~,on the matter beans called to vote, the following voted: Aye: roster, Eollinrer, ':,arrison, ita'rton, Bledsoe, and I_orley, ~' Ilay: I1one, Judge Doyne iedd appeared. before the Council for their consideration of his re::,tiast that the salary of l::unicipal Court Judge be reinstated to the sum of ;r3,5i)0 annually, After a discussion of the matter, the fo1lc;,i.ng motion was made by ~lderu.an Br11in,;era ~' ~~, That the salary o' the Jud.-e of the i~~ancipal ~^ourt of .pest 1•lem;:7hi.s be reinstated to the sum of ~~3,5po annually, The motion ~~aas eeconded by Plderu:an Bledsoe, and upon the mattr:r being called to •/ote, the following voted; Aye: Foster, Bcl.li~ger, Garrison, go:vton, B1~-dsoe, and I„orley, Alay: None . ~ tin ordhnance restrictinrq the construction of i residence to a minimum ot.' W>2,500 in the territory 1 ink east of 7th street and west of the alley bet•,veen 12th and 13th streets and south ~. of J-~clcson ~LVenue, •°. s read tF^ second ti_m> b~~ ~l.derman garrison, thereupon motion was made by °lderman roster and seconded by G1~Ierman lworley +.hat the second reidin~ of the ordinance be a;proved. U)!on the matter being called to vote, the iollcvuin~? voted: Pye: Foster, i/ollinrer, Garrison, Rosrton, Bi.edsoe, and Morley, I?a~r• hone. i,, The Eui.i.di:ng Inspector presented the bu.ii~fing Hermits tie had authorized to be issued, i'.otion ~' seas made, passed and adopted to cor;`.'irm the actions of the ~uildin^ Inspector in the :issuance of the follcwinr• building permits: i~ 3~: Lau ri e-S tetia ar t Sam T. liriffin ti~m. L. Johnson +~~ . L. Johnsen f'carl L. Barnes Artie '1'•allace ~,. B. Thompson Robert Drain Lida Dean Rosie green vest t~Iemlillis Lumber Comi,any ClayTton Garrett P1o further business appe::rinn befcre the Council, the meeting.-,vas adjourned. ~~_~ tE;P.YOR ATT~~ T: ____. // ~~ AY~~RO~,~rD: ~ovEl~gt. 1, 1949