June 22, 195041a
TdI:NUTEB CF AN ADJOU;~TJED I,1'%ETIIdG OF THI?, CITY COUNCIL OF TiIL CITY OF tiJE3T I:I;i,iPHIS,
A_3KaIdS1~S, LiD ~1TdJ I-I~LJ GIJ JUT~~_2?_, 1~SU,
The Council of the City of Y~est flleraphis met in an adjourned session at 12;UO IQoon on
the 22nd day of June, 1950.
The meeting eras called to order b~~ the i.Tayor and the roll being called there mere:
Present: T,ia;,>or P. Iii, Dacus in tiro chair, and the following named Aldermen:
R. L, Garrison, C. H. aoyv-tong p,, It. T;iorley, A. II. 1ilanchester,
~. B. Po•rrers, James Bledsoe, Curtis Poster, and C. I. Bollinger;
and Cit;;T =''+ttorney J. II. Spears.
Absent' Citjr Clerl: IT. G, Coats.
The olloyving proceedings vrere had to-vrit:
City Attorney Spears presented the ordinance Ire had prepared providing for and
regulating the construction, repair, maintenance and location of curbs and gutters.
The ordinance ryas introduced in vrri ting and read in full by Alderman I,Iorley.
Alderman Powers moved that the ryile requiring said ordinance to be read in full on
three different days be suspended, acrd that said ordinance be placed on its second reading;
motion yeas seconded by Alderman Bledsoe, and thereafter the Tiayor put the question on the
adoption of said motion, and the roll being called, the following voted:
Ayes Garrison, Rowton, T;Iorley, Manchester, Powers, Bledsoe, I~'oster, and Bollinger.
IJay~ none.
bv7rereupon the P•;Iayor declared the notion duly passed and said ordinance placed on
its second reading. The ordinance was then read the second time by Alderman foster.
Alderman ltoy°rton then moved that said ordinance be now placed upon its final adoption;
motion yeas seconded by Alderman Manchester, and after due consideration thereof by said
Council, the Liayor put the ruestion on the adoption of the motion, and upon the roll being
called, the following voted:
aye: Garrison, Rorrton, Llorley, '`anchester, Yoy°rers, Bledsoe, Poster, and Bollinger.
IJay~ hone.
Whereupon the i::ayor declared the motion c1u7;1 carried and said ordinance placed upon
its final reading and adoption.
Said ordinance :vas read in full by Alderman Bollinger, wlro moved its adoption seconded
by Alderman Garrison, and ai'ter due consideration t;rereof by said Council, the Liayor put the
question upon the adoption oi' said motion, and upon passage of said ordinance, and the roll
being called, the follorrln~• voted:
Aye: Garrison, 13oyaton, Iiorley, Llanchester, Poyvers, Bledsoe, Foster, and Bollinger.
Nay None.
itihereupon the Liayor called to the Councils attention that the ordinance, adopted,
contained an emergency clause and suggested tYrat specific action should be taken by
the Council on th~a clause, uJhereupon motion y^ras made by Alderman Manchester and duly
seconded by Alderman goyvton that the emergency clause of said ordinance be adopted, and
the roll being called, the folloyrin~r voted:
rr;,re~ Garrison, I~orrton, iirole~r, ilanc~rest~r, Yo~,+ers, `;ledsoe, Postcr, and $ollinger. Ilay: I~tone.
u~hereupon the b4ayor declared said motion duly adopted and said ordinance duly passed,
and signed his approval to said _.xtlinance and the City Clerk wrras directed to spread the same
upon the record of Ordinances of the City of Yuest IuernNhs, rkansas, and to have same
published as required by lair, and to number said ordinance Ivlo. 1u1~.
Said ordinance to which no amendment eras offered read as follows:
I
O1tDIN.?,TTCL' iG. 181.:
.':','; UiJ1iI.1I?C;; YaC'Tl_i~i;C: , U:, ATdll 1~:1:~U~STIZ:G .~., ~Uii.;iitUCTlOT•, .~.:;;/_,ili, i1ii;?i,~ii:,rit,' liidD
LOi.:il'GTd Gl' i:U,'w3J :il?il UL:,',!,'' w ~ i iH~ OI'i"Y Gr •iLt;' , L..;. i;v, 'i:.:' I!u:'.S.
ia3 if lil~~T;lTi3J B'.,' lJli 011'1' COUI'OIL O~ TiI:? CiT1 Gi, Vu~~'P Lu~:...:.i:5, .i ~i"~"il;~ati: !I
I~
The word "City" as used herein shall clean tl:ce C:~ty of .lest T~em,li:is, ~ricansas. !„
i
The word 11;:;nl;ineer1t as used herein shall mean the City ngincer of the Cit;;T of ~~
roost I:;ernpllis, ~=rkansas. j~,
ii
The tirord 11Or'fner" as used herein shall mean any person, T:~ersons, partnership, firm,
association and,~or corl_oration ov~ning ar><y real property in the City of iuest I•lomphis,
..rkansas . '
The word "Dlotice" as used herein shall be taken grid considered as notice from the
City Council and~or the City 3ngineer.
d;C'PIGid 1 - it~~',~UIR'~D 1'G I3UlLD CiI L3 'sT~i:J GU's"i~:i: 's'he o~ralers of alp,}- real property abutting
upon an~~~reet or s roe s oL sai Cl y, aito-r suer street or streets shall have been uesi&nated
bj= or:er of the Council, be, and they ai'e, Hereby required to uuild and construct curbs and
(;:utters in accordance with this Grciinance and in accordance kith plans wind s:ecii'ications as
provided h®rein.
SL'C:'IOTI 2 - I?OTICE; The 1`Iotice as herein rrovidecl fcl• shall uc served upon said oraner by
delivex°,~ o a copy ~tiiereof or iL such ovrner refuses to accept said notice, them by offering; a
Copy thereCI ~l.C .....~.: UiilLC,I' _x J '-U".._1~ uL_~~ 0~ ~ d.1~~L 11Gt1Cc 1',~1-~-i1 .:.ny li1c:r1f7(-7P Of :iii lnousehOld
:kith rricPl a co,~y of w sur.ii:lons in •. ci=rig action 11.~~I;t be loft. if the cronler be not found ir.
the 05.ty of Best r':~l.i~,lils, or ii' tlne ogler is ur:l.nolrn or a non-le,:iient, service .:.a;,~ 'oe liad by
deli~r~rin;, a cohy to the a~;er.t o-r person in cilar;;c ,:r ti:e person in possession tac:recf, if
tinere be 110 ogle In charge G~ :;a1Cl t~r'Uj)i;l'ty Or it bC VaCa-iti and lunOCCU~.:1Cd Bien : el"d1Ce ]'.lay be
ilad by affi„ing; a copy thereof to the ,oro~erty- or by publis::ing; a coyn; of the Notice in a
newspaper t~ublisPled in the Cit;;~ oi' nest i•-er:1.>l:is, and ol~ i.rlsertion oi' said l~otice stall be
dee,led su_'ficierit. Elie I?otice provided for l/er•Eln :1~Cf to serL~ed by the City iJnUineer, his
,.
_.ul~r authora.zed a„ent o-r and r.lernber of the Police ilepar+,laerit of tl:e City of uesi l.:c:;.~rh? s, an
the endorsement upon said Itiotice b;,r the person so servin the same shall ue sui:~'icient evidence
of P?once.
CLCTICP? 3 - ITl CAS)J Ci' i~'A~LUtL++' .G GG>`;~i'2Ui;T: ':when T~otice shall have been S'iven to any otianer
for the co~istruc lion of cure and g;-u tors as provided herein, ..r,d tre of-rner of any such property
shall fail or refuse to cornpl~- ',pith the provisions of this Grdinance, in the manner arlcl vsitl:in the
tine therein prescribed in said P:'otice, said City l:;ay contract with score su~talae person for the
construction of saic: clzrbs anct butters, on the best terms that can be made, and in the r:ianner
prescribed Tierein, and said i;ity may pay for the construction of said curbs and gutters, and the
amount so ~~aid by said City, together ti•~ith a penalty of sis Nor cent (G°~) shall be added thereto,
and shall constitute a charge against the oirner of sai~1 Nrope-rty and shall be a lien on said
property from tTle date of tiie conn;icncei:lent of said work, said cl:arl;e and lien to be assi,nable by
said City, said charges to be recovered in an ordinasg suit against the oin,or by said pity or its
assignee, or said lien to L'e foreclosed by said City or its assil;nee by suit in equity in any
court having jurisdiction o1' suits for the eriforce,.erit of liens upon real property, for the
concle:i~ttion and sale of said property for pa;;inent of the sws so raid by sa!_d Cit;>, together ti~rith
the inte~•es t, penalty and cost o_ suit, said suit in e Iuity to '~,e brcu;;ht i n the .rwnncr an« under
the tcl~s,cs Hour provided by lave for tl:e forecloslu'e of oroperty b;, irnl~roveiacut districts so far as
the dame iaay be applicable.
S?,CTIGAI 11 - TJU'1'IC1/: The Aiotice -rovided for herein shall ':,e in the follclrisl~ fold, to-l,~t~
TiGT'iCL'
TG: (Ilarre)
(kddress)
You are hereby requested to construct curbs and gutters in front of your property
(Description of Prolierty Isere) alonE; (T.iame of Street) within Thirty (30) liays from the
date of this Tlotice in accordance with Ordinance T'.o. 1811 of the City of ~~est Iernphis,
Arkansas, passed and approved on the 22nd day of June, 1850.
sinless tl:e same be constructed by you in accordance frith this Tdotice an-i ti-,e
Ordinance hereina';:ove referred to, the City of w+est IIelat~his vill proceed to contract tivith
some suitable Iverson 'or the construction of saki curbs acid gutters in accordance with
said. Orc:linance P'o. "1811, an the costs thereof, toy;ether tirith penalty of sic per centum
a~'ided thereto anti. six Nor century interest and cost, shall constitute a cklarge against you
and slia].l be assessed as a lien on the prcl~erty herein descri.,ed from tiie date o1 the
corrli:,cncement of said work, ti^rhich charge and lien rna:~ be assigned to the said person or
persons doing said work, or to other persoins if sc d.esire by the City, said cl.arge to be
recovered and said lien to be foxe;losed in appropriate suits against you as provided by
law and b; said Ordinance; provided tinat the Cit;r is autl:oriaed to accept tTre actual cost
of said tirorlc ti•rithout penalty or interest if tl~ie sans:: be paid within si.cty gays after tYie
completion cf` said rvorl>.
JI1~' Llarilda.'L%
-~'" BY
11'PTi~T:
~'' ~ J
~r C, ~ er
42 ~
:iECTIOPJ ~ - 1E_S.kIT 1tli4~iiltZJr:1): Pdo permit shall be granted to ar>5r person f'or tyre building
or construction of any curbing or ;uttering tivithin the City until same sha7.1 be approved by
the Engineer. It shall be the duty of the Lrrgineer to provide any ovmer or contractor vrith
1,lans, specifications, grade, level and arty and all other things necessary or required for
the proper construction of said curbinrT and guttering.
SECT102I 6 - FAILURL~' TO UB'1'l>IT1 PEHIviIT: No pex7nit shall be granted by the LnE;ineer to
any con rac or or t e ui ding or constructing curbs and gutters in said City unless said
contract provides that said curbs and gutters be built in accordance with plans, specifica-
tions, grades and levels fixed by the Lngineer of said City. The failure of arty ovmer or
arty contractor to obtain a permit required herein or failure to construct said curbs and
gut-tens as desii-Hated by 'the Lugineer shall each be deemed guilty of a misdemeanor and
upon convication thereof shall be fined in any sw~a not less than 'P',rEl'd7:'Y-:i~`1VE (~p25.00)
ll01,1ARS nor more than `4u0 IIIIId~Rl311 Fii~"1`Y (y~250.00) ilOLLARa.
SECTIOPT 7 - iYliCII'Ii~<1T=0IIS: All curbs and gutters provided for i.n this ®rdinance
skrall be constructed in accordance zrith the follovring plans and specif'i.cations:
CUiiB _;j:JJ) ;',UTT'i;it S liCl1'ICA`1'1CTdS
Curbs and gutters may be built as plain ctiub and o-utter or of integral construction,
using a Portland cement concrete of not less than 3,v00 lb. per sq. inch comi;ressive
strength in 2ii days.
Curbs shall be not less than G~~ in tiridth at the -top, 12~~ in hei;;ht, and 6~~ in heiCi,t
above nutter apron. Gutters shall be not less than 6 inches thick, 12 inches in width of
apron, and 18 inches in width'at the base includin~.aurb'.Curbs and gutters shall have
joints at not less than l0 Ft. intervals, lo~rgitudinal.-expansion-joints-between curb'and'
adjacent .sidewalk .elab, and between curb. or integral curb-and gutter and'~pa~ement slab oar
pavements wider than 50 ft. Joint filler shall be non-extrusive pre-molded material cut
to the shape pf the cross section of the curb and gutter, at least one-half inch in thickness
or as thick as' that: in: th~.~ihvemesrt,: ':.u~t s:trte~rt intersectioirsr cone!rs mixgt be° rnurrded~to a
minimum 20 Eta', Radius. ,, . , . , • ~,
En ~n Curbs .and tters shall be ~Jmms_tructed tr rdeII'. the supervision of and to grades estaolished by the
' ee ~~~~Ca~ch assns and inlets must be provided in accordance with grades, sines and character
ap~ro~g~T1T)N ~e- rT'~'E~iCY CL:'sUSE: bVhereas, becuase of the lack of curbs and gutters in
the Ci y o ~es~ v,eng~ is, tee growth of said City is being retarded, the public health,
crelfare and safety is being endangered, an emer~:ency is hereby declared to exist anal this
Ordinance shall be in full force and effect from and after its passage and approval
:~:i;-i Hi-3:;:-i~i:-3E
I~a.~ror ilacus advised the Council fleet the Junior Chamber of Commerce had recently
completed redecoratinY; the cor:>rnunity i.ouse, but tkrat the roof of tkre building vans in
need of being replaced that tiro roof had been on the building approximately 15 years
and had been repaired numerous times. Also, that T~s. Charles JeOraff. of the Junior
Chamber of Conunerce had received the follovring bids for tkre vror}::
'u~allin-Dickey ~c Rich .'.goof - ;652.50 Bannister -;;101.81 tig'T51;. 31
b'Vest I~kemr~his Ltuitber ComparZ}~ Roof - ;~61)6.1a0 Barurister - :;200.16 tip81~6.56
Chickasativ Lumber ComJ;any Roof - 5~G15.00 Baruristc:r - sr 60.00 ti?675.00
After discussion of the matter, motion yeas made, passed, and adopted instructing
l.ka,;ror acus to avrard the contract to the lowest bidder, Chickcasaw Ltur,ber Company.
The problem of securing adequate drainage eras discussed and T~Iayor llacus instructed to
contact Judge Ingram as to the progress of tkre Crittenden County---4Jcst Plemphis-15•P~tile B&you
Project in order that the City might complete their dr~:inage plans as rapidly as possible.
Thereupon, motion vans made by Alderman Bledsoe gird seconded by Alderman Morley to adjourn
the meeting uni;il June 30, 1950, at 5:30 Y.PaT. Upon the matter being called to vote, the
follovrin;~; voted:
Aye: Garrison, Rowton, 1?moley, Manchester, Powers, Bledsoe, Foster, and Bollinger.
Nay None. t
C_ f ~' ~~ ~ (~) ~_ F- ~_ ~ ~_~~
T:iAYOR
ATTli~T:
_ _ ~.
~ 1'Y CLLrZI:
ArYaOVED: JULY 2, l)50