10/1/29-5/14/301
No meeting, held on rergul~.r meeting night October lst,1929.
Cn this 21st day of October 19 u9 the Town Council of the Incorporated Town of
vlest Ir~emphis,Arlcansas met in special session, pursuant to cell by the Psyor,
notice of which having been given the Council according to law. P,_eating eras held
at 8:30 F.I:?. in the City Council Chamber.
Upon roll call the following manbers oi' the Council answered to their names:
Z.T.Bragg, P:1a or, L.:.Burnhard, Clifford Jar-is , -.:=.Parker, and ~ .F. Treece ~ r_d
':~m.H.Hundhausen, _ldermen and ~ .-,-.i:fc.4uley,Re•~rder. There w=.^e al_==~ pzeserit L'_r.
J.C,Eoone of Eldcrado,!_r'ransas.
i.:inutes of the 7receding muting were read and approved. the 1:ie;rou a:nounced
that there ryas no unfinished business to come before the Council and that new business
was in order.
I,:r. Bragg, P:.'ayor introduced I:?r. Boone who was present in the interest of securing
from the Council a Franchise to supply t?-ie Town and res i:aents cf eat '.e:~.phis, natural
gas.
L:r. Boone stated that he bed made a ecmplete survey of ~+est Iv;emphis as tivell as
score of the other tOPinS near by and that he v;ished to submit to the Council a Franc hise
Contract for the funnishing to the Town of ;';eat P:iemphis, ffiturel cues i'or their ecn-
sideration, The Franchise Contract was read by each member of the Council and discussed
at len:_th, I~'r. Boone ansv,-ering questions and explaining certain parts of the contract.
Lr, ;'im.H.Hundhausen, moved tl°.at the action on executing said Contract be deferred
until such time as the Council could have the franchise Contract examined by a competent
attorney. I.ir. Paul Burnhard seconded the motion. The motion carried unanimously.
They Nayor vras then instructed to have the Franchise Contract examined by a competart
attroney e.nd get his opinion on same azri ca~.l a meeting of the council as soon as he
had done this. P."s. Bragg stated that he wou>ta have the Contract examined and have an
opinion on same by i:onday night October 28th, 1929 and requested the Council to meet
back at that time.
There being no further business to come before the Board ed~ournment was had
until next 1<,ionday night October ~th,1929.
Z.'T.nra€€e
P.:Ai Or: .
ATTEST:
G. ~; .P:cAUley,
necorder.
On this 28th day of October 1929 the Town Council of the =ncor~orated Town of
?dent Iriemphis met in ~pecial session in the City Council Chamber pursuant to call
by the Nay or, noticewhich was given to the Council according to law,
'r.ieeting was called to order by t.,e Prie;or end asked the Recorder to call the
roIDl. i71,on roll call the folloa-ir~ members answered pz•esent:
~.T.Bragg, Ivleyor, L.F.Burnhard, Cliffo~•d ilavis, '•!in.H.Hundhausen, J,F.`ireece
and d,.G.Parker,adermer. and G.~9.24cAuley,hecorder.
Z".inutes of the preceding meeting were read and approved. There being no un-
finished business to came before the Counc it the P:ayor ar_nounced that new business
::ea then in order.
P,ir, Bragg stated that acting upon the advice end instructions of the Council
at the preceding meeting he had hed the Cas Franck ise Contract examined by I•.~r. A.H.
P:iurray, !attorney at Law of Prie:ripl;is,Tennessee and that P.;r. i~urrey had suggested a
few changes in the contract which ks;d been made and the Ivleyor then ashd the Recorder
to read said contract as amended. 'The i~'rancmise Contract was ther. read by the Recorder
as well as by the members of the Council in dividuaily and after a Eenerel discussion
of the P^etter,I;?r. Paul Burnhard moved that the amended Tranchise Contract be submitted
to Idir. Felsenthal, who Pir. Boone was ne~-otiating Tor, for his consideration and
acceptance if agreeable. 1~1r, Fvm.E.Hundhausen secozried the motion. The motion was unanu
imously adopted and the Recorder was ordered to return the franchise as amended to
Pair. Boon and P!ir. Felsenthal.
There being no further business to come before the Council at this time, adiourn-
mert vras hed.
g.T.Bragg,
Attest: G.l°:.1icAuley, Recorder. P~iayor.
15
On this 8th day of Naveaber 1929 the Town Council of the Incorporated Town of
+Yest Memphis, Arkansas met in special session in the City Council Chamber,pursuant
to call by the Mayor, notice having been given according to law. said meeting wen
called to Order at 8:30 F.R. by the ?dayor who instructed the Recorder to call the
roll. Roll was called and the f®llowing members of the Council answered to their
names:
Z.T.Bragg, Mayor, L.P.Burnhard, Clifford Davis, VOm. H. Hundhausen, 7.P.Treece,
Aldermen and G.VY.McAuley,Recorder.
There were also present Mr. J.O.Boone and a Representative oY the Layne-Arkansan
Company of PJtemphis,Tenn.
The minutes of the preceding nesting were read and approved. They Mayor announced
~ that there were no unfinished business and new business was then in order. Mr. Bragg,
introduced Layne-Arkansas representative (failed to get name) The Representative stated
that he had appeared before the Council Por the purpose of submitting a pro;:osition and
proposal to Drill and develop a 6 inch Artesian G^ell in the Town of Rest MaLphis, for the
consideration of the Council providing they ahculd decide at any time to put in a Municipal
VGater plant. The contract was then read end discussed and is on file with the Recorder.
The Contract states in part:
" Contract under which the Contractor shall drill and develop one six (6) inch
well on the Purchaser's property at Nest Tdemphis,Arkansas complete,estimated depth
1800 feet, guaranteeing the well when completed to have a natural flow of 90,000 v.S.
Gallons of water at the surface of the ground per each twenty-Your hours;for a coneideratioI
of X9,250.00) and the land upon which to locate the well with plenty working space for
drilling and to take care of the disposal of water,slush,sand etc., while the well is
under construction. Contractor to furl sh Surety Bond acceptable to Purchaser and work
to begin within forty-five days after receipt of purchaser to proceed with the work. "
After a general discussion of the said contract it was unanimously agreed by the
Council to defer action on said contract and to file said contract with the Recorder for
future reference.
A Mr. Fibush representing the Tri-State Musical Journal entered the meeting at
_ this time and asked for a few minutes time which was granted. Mr. Fibush explained to
f the Council that the Tri-State Musical Tournal wen giving away sa~ewe~ free scholar
memberships to 8 or 9 boys and girls of Crittenden County afcd at least two or three
of these scholarships would be awarded to boys and girls in Rest Memphis. He also stated
that this edition of the Journal was being dedicated to Crittenden County and as a means
of financing this particular edition he wsa soliciting advertising Prom firms,corpa•ations,
individuals and taRns'end would be glad to have a contribution from the Town oY west Memphis
for a page add. Mr. V7m.H.Hundhauseu moved that the Town Council take a page add in the
Journal which would cost about X25.00. Mr. Paul Burnhat•d seconded the motion. Roll being
c811ed ell members of the council voted in fawr of the motion except Mr. J.P.Treece
who voted a garnet the motion. There being 3 fb r and 1 a garnet, the motion was declared
adopted.
Mr. Bragg, stated that Mr. Boonev+repres~ting S.J.FelsanthaliQQY Eldorado,Arkansas
i[a~ present and had returned the Gas Franchise Contract which th~~~$Qed and forwarded
to bor. Felsenthal. Mr. Boone stated that the Yranchiae as amended by the Council acs not
acceptable to Mr. Felsenthal and that he had drafted a new Franchise for the consideration
of the Council. This Franchise Contract was read end considered by the Council and amended
and delivez!ed to Mr. Boone for submission to bir. Felsenthal.
The Council then asked the Recorder how the outstanding accounts of the Town
stood, and upon being advised that there were a few oustanding at that time, Motion was
made by Clifford Davis and seconded by Mr. V~m.H.Hundhausen that 'farrants be iss~red on
ell eutstanding accounts due and past due. Said motion was unanimously adopted and the
Recorder instructed did issue warrants in payment of said accounts.
There being no further business to come before the Council,adjour~**wnt was had
subject to call by the Mayor.
Z.T.Bragg,
ATTEST : I14AYOR .
G.W.1liC Auley,
Recorder.
No meeting in December 1929.
16 .
T:iinutes of :ie~ular I;ieeting of the City Council of the City of ~,dest faemphis,
~rkarsas,held at Council ChFmber on the 7th day of January 1930.
h regular meeting of the Town Council of the Tov;n of '''eat PCemphis, urken: as, was
held at Council Chamber in said Town on the 7th day of Januf.ry 1930.
Present at acid meeting:
Z.T.Braeg, 22ayor, who presided over said meeting;
C~.,'1.AScAuley, xecorder,
and ti;e following Aldermen, to-wit:
L.:.Burrhard, J...Treece, ',`.m. S.Eundhausen, Clifford Davis,
ti:e said L.-.Burnhard, J.F.^reece, ~;m..:.Hu~hausen and C11~. ford Davis
being ell except ',r.G._=erker, who was not present at said meeting, of the
duly elected, qualified and acting Alderr~ien of seid ::ity of ,~est L:emphis,
Arkansas, and constituting the full Board of __ldermen of seid City.
TiiERELTPON, P.:r. Z. .'.Bragg, i.:eyor, submitted to the Council for its
consideration and subsequent action thereon, a pro;~osed ordina_ce :ranting
to S.J.Felsenthal (of El Jorado,nrkarsas), and his suc^essors and assigns, the
right to erect, maintain and operate a s;-stem of pipes for the conveyance of
Natural ' es for heating, lighting and furnishing of power for manufacturing
and other purposes for public and Iu•ivate use, in the City of ; est I~~emphis,
Arkansas, and ~rantin€ to the said S.J.~elsen'.hal and his successors and a~~signs the
right to use the streets, alleys, avenues and public grounds of said :;ity for
such purposes.
TIFREIE'OTd, after open discussion of said proposed ordinance by all of the
members of said City "ouncil, upon motion made by Paul Burnbard and duly seconded
by Clifford Davis, and unaimously carried by the affirmative vote of all members
of said City Countil, said proposed crdinerce was put upon its first reading as
required by the lac,s of Arrarsas;
T"hn'REJPGh, upon motion msde by ~im.r.fiundhausen an3 seconded by J.T.
Treece, and unanimously carried by the affir_native vote of all rvembers of se,itl
City Council, the rules were sus e~.ded, aixi said propose3 ordinance was put upon
its second reading as inquired by the laws of nrkansas;
Tfir;RiJPOTu, upon motion made by Clii-ford lla~is and seconded by J.r.
~'reece, and unanimously carried by the afi'irm~tive vote of ell members of said
City CounciID, the rules v~-ere suspended end said proposed ord u~ance was nut upon
its third readiag as required by 3~e lays of Ar;r.r_sas.
T;ER'r:u,ON, upon motion made by ^,Jm.Ii.Hundhausen and duly seconded by
Paul Burnhard and unanimously carried by the affirmative vote of all members of
said City Council, a vote ryas taken upon the passage or rejection of said ordinance
as read; and the I1a;or thereupon directed the Recorder to call tre roll and directed
the Aldermen to indicate their vote Yor the passage of seid ordinance by Yea or their
vote aga_nst the passage. of said a^dina_:ce by Nay; and upon such ro3:1 call the vota
was as follows:
L.P.Burnhard, YEA
J.F.Treece YEA
7dm. F.. Hundhaus en 1"r,A
Clifford Davis YEA
There were no rotes against the passage of said ordina.-ce.
~'t:LJPOT•i, seid ordinance was delclared duly messed and the Recorder directed to
cause the ome to be published ibr t.~.e time and in the msnner required by law.
There being no further business the meeti;~ eras upon motion made, seconded
and unanimously carried, adjourned.
Z.T.Bragg
k7"_ES I.:AYOR .
C . J.i cAule y,
Recorder.
The shove said ordinance is in words and
firures as follows:
~~
J _ .~ _ ~ ~ C~2D INAI:C E N0. 8
AN ORDINAIl;E 6FRAldTING S.J. FELSINTHAL AAD HIS SUCCESSORS AND ASSIi;r1S, THE RIGHT
TO ERECT,h1AINTAIN AND OPERATE A SYSTEh1 OF PIPES, FOR THE CONVEYANCE OF NATJRAL GAS F'OR
HEATING, LIGHTL'~ AND FiktNISHIPIG POPIER FOR MANUFACTURING AND OTHER PURPOSES FOR PUBLIC
AND PRIVATE USE, IN Tl~ CITY OF ~7EST MEL~'fiIS,ARFiANSAS, AAID GRADiTIl~ 7.D S.J.FELSENThAT,
AND HIS SUCCESSORS AP,ID ASSIGNS THE RIGHT TO IISE THE STREETS,ALLEYS,AVENUES AND PUBLIC
GROUNDS OF SAID CITY FOR SUCH PURPOSES:
SECTION 1.
( BE TT ORDAINED BY THE CITY COUNCIL OF WEST A~2PHLS, ARKANSAS, That S.J.Felaenthel
and his successors and assigns, hereinafter referred to as grantee, be, and he is hereby
authorized and empowered to erect, maintain and operate a system of pipes for the convey-
ance of natural gas for Furnishing heat, light or power, or ell, for public or private use
in the city of VPest Memphis, Arkansas, for the period of 25 years from the passage of this
ordinance, according to the following terms and conditions:
(e) That the said Grantee, S.J.Felsenthal, be, and is hereby authorized and empowered,
for a period of 25 years, from and after the passage of this ordinance, to enter and to dig
and excavate, on the streets, sidewalks, avenues, alleys, highwayse aui public grounds,be-
~ low the surface thereof and under the bridges end viaducts of said city, and to lay gas
mains and gas pipes, with all the necessary and proper attachments, connections and appur-
L,~ tenancea, for the transportation, supply and distribution of natural gee in and through
~ said city, with the rights at all times thereafter, during said period, under supervision
Q' of the city, to dig and excavate for the purpose of relaying, repairing, replacing and re-
Q moving the said gas mains and service pipes, or any portions thereof, ar to make connact-
ions for consumers with such mains, and pipes; provided, however, that after said gas
pipes affi mains are laid, repaired, replaced or renoved, ell excavatims shall be refilled
and thoroughly tapped, and ell sidewalks and pavements shall be replaced and relaid as found
when said excavations are made, subject to in apection by the person designated by the City
Council. Should said grantee fail or refuse to restore and replace said pavements, side-
walks and excavations, within a reasonable time, then the same may be replaced and restored
by the City at the expense of said Grantee, which expense shall include Attorneys fee, in
event it shall become necessary for said City to bring suit to recover the moneys so expendee
r- by it.
(b) Ln the constructim, repairing and operating of said gas system, said Grantee
shall use every reasonable and proper precaution to avoid-damages or injuries to persons or
property, and shall hold and save harmless tke said City from damages, injury, loss or ex-
pense caused by the negligence oP said Grantee, his agents, servants or employees in con-
. strutting, repairing affil operating said plant or in repaving or repairing any street, alley
oP other public place.
SECTI(DI - II
Tha specifications for the inatallaticu and type of the gas system shall be
as follo~es:
(e) The system and main shall be of adQquate capacity to furnish sufficient
quantity oP gas Por the present and future needs of the City. Provisions shall be made so
that the syttem can be eatended in any direction without interferring with the service al-
ready established.
(b) Gas pressure shall be computed on a Your ounce basis.
(c) The City reserves the right to inspect the said work or construction from
time to time or to have said work inspected by a duly authorized engineer.
SECTICN III.
The Grantee shall furnish gas at the curb line. Grantee shall furnish a meter
of standard type and connect same with the pipes of each consumer without charge. All other
service pipes and futures shall be furnished ani maintained by the consumer.
EC'I'ICN I`J.
The Grantee shall tunnel beneath ell paved streets, alleys and Sidewalks, wherever
possible, in laying, pacing and repairing plpes and mains, and this work shall be done under
the supervision oP a representative of the City.
SECTION D.
The said Grantee shall extend its mein for the purpose of supplying new customers
where the Grantee is reaeoffibly assured of at least one customer on an average of every on9
hundred and fifty Peet of any said extension.
"S
SECTION VI.
The Grantee shallhave the right to discontinue from its main any consumer of gas who has
not conformed with the reules of the Grantee covering the consumption of gas, and approved
by the City Council, or who are in arrears ten days for the payment of gas furnished. dur-
ing the previous month.
The Grantee shall have the right, sub,'ect to the approval of the City Council, to make
such rules, reEUlations and requirer,ents, coverir~ the rm?kilt4 of connections by consumers
with its mains and laterals, the pro~r method ~d menr~r of makinE such connections, the
proper specifications for materials eonr~cted therewith by such consumers, and the proper
maintenanceof utensils in which said gas is used cr consumed, as may be reasonable.; w?_ich
rules and regulations when approved by the City Ca:nc it shall be enforced as part of
t,.e contract between the grantee aad the consum:s.
SECTION VZIZ.
Be it fLrther Ordained: That such Grantee, his successors and assigns, shall
make charges for natural gas so$d and delivered to the City of ' est ".:emphis, :-.rlcansas,
aad to the inhf~bitants thereof, at the fol'~owin- rates:
DOLwSTIC G~,S ::A~:3,i.
TY:e Grantee s'~ell charFCe each domestic consumer of gas sold during any calendar month
according to the fo~lowint rates:
(e) One Dollar and Tr,~enty Cents ({1.20) per thousand cubic feet, plus lOc~ if bill
is not paid on or be fors the 10th da of the month following the month in which ~~as is used.
(b) F minimum charge of Nin°ty ~ents (N .90) per month may be made, regardless
of tide amount of gas consumed.
I2DII5'iI6L C:h.S'.
(e) For the first 10,000 cubic feet of gas used,
X1.20 per thousand cubic feet;
For the next 100,000 cubic feet cf gas used, '
x.1.00 per thousalrl cubic feet;
F'or the next 100,000 cubic feet of Ens used,
yr .80 per thousand cubic feet;
Pon the next 300,000 cubic feet of gas used,
a .75 per thousand cubic feet;
For t;,e next 600,000 cubic feet of sas used;
:~ .60 per thouserd cu`_~ic feet.
(b) The minimum chance for industrial service under si.eam boile_°s shall be •
Pwenty-five Oo'_iars (;)25.OU) per month on a Y,eeis of 45 =_.l .
rovided, hog,ever, shculi tl:e rates P~:r~.in specified and particularly set
out be at any time i~.i=r.er than the rates fixed by •t he comren-:~ furnishing :gas to the Jity
of T.'en~phis, ~'er_nessee, then in that event the rates herein given sh.nll be reduced to cor-
respond wlth t..",e rates in effect in the City of i~l~mpi:is, ' ennessee, for the furnishing of
gas, both dozrie.stic and industrial.
F:C'Ti~; Ik.
Before making a ccnnectio,;, the grantee msy require a deposit of "en (~10.~G~
for meter to be male and which amount shell be retairr?d by the 'rantee as long as the a~~pli-
cant is furnished Wis.
~EC:IC'f1 X
It is hereby declared to be unlawfhl, fore p:,rson, f1rIl1,COI'pOI'fitlOn, or
association to tap, breaY_, knjure or molest soy Fes pipes, lines, meters, regulators or er-
any other appliances or eo.mections belonginc to the Grantee herein, or any other person
or corporation to interfere v,ith the operation of said des system, alai any person, firm,
corporation or association found guilty of violating any of the provisions of this Sec-
tion shall bee deemed guilty of misdemeanor and subject to e fine of not less than live
(w5.00) Dollars, and not more than Fifteen (:;;15.00) collars, and each day the violation
shall continue, srell be deemed a separate of fense.
SECTION XI.
r",11 proLibitions, amendments, forfeitures and ell provisions of this ordi-
nance shall be binding upon said Grantee, its success~•s end assigns whether expressly
so sta-ed herein or not, and all grants, riEhts and privileC:es secured by this ordinance
to eaid Grantee shall inure to the benefit of its legal and bona fide representatives,
successors and assigns.
i~ i
sEcTlor, ~_II.
This franchise mey be accepted by the ~'rantee by written notice of its acceptance be-
in€ delivered to the recorder of the City of i7est Me~his, Arkansas, which acceptance
shall be delivered within three weeks of the date of the passage of this ordinance.
;Si.thin one yeer of the date of the passage of this ordinance, the ~'rantee herein
shall file with the City Recorder of hest &4emphis, Arkansas, a plat of the proposed
system for f~.xnishing gas within said City, and the Grantee shall begin actual work
toward the construction of said system at the time of filii:g said play.
If the grantee herein does not Pile said plat as above provided and does not actually
begin work of constructing said system tivtthin the time above specified, the franchise
herein granted shell become void and all rights of the City of ~+est l^.emphis and of the
Grantee, S.J.Felsenthal, hereunder shall cease. Said grantee further agrees tizat said
work shall be begun as outlined above and rushed ~ completion as soon as practical to
do so and without delay, otherwise this contract be co~:.es null and void.
Passed by the '~•est It';empi.is Council Jenuary 7, 19.10.
City of Vest kiemphis
By Z.T.Bragg,
"~ CITY RECORDER MAYOR.
~;~~ G.Cl. McAuley,!
~~
~.
February meeting - quorum ~t present.
On this 4th day of Mt:rch 1950 the Town Council of the Incorporated Tov+n of Vlest
I~iemphis, Arkansas met in re€ular session in the City Council Chamber at 8 F.R^.
pursuant to call by the b_syor, notice having been given according to law.
'Phe meeting was called to order by t're Pfayor and upon roll call there were
found to be present: I,ir. Z.T.Bragg., I:iayor, L. ?.Burnhard, Clifford Davis, '+rm.E.Hundhansen,
A~ae~ea- and J.P. Treece,Ald~;rmen and G.Y~.I:_cAuley,P,ecorder.
i,inutes of the preceding meeting were read and approved. There being no un-
finished business to come before the Council the b'.e;,ror ar:nounced that new business
was then in order.
Several ma*.ters of interest to the welf'ere of tl:e "_'own of:rest ::emphis were
discussed. 'i'ize matter of the Arkansas Fower and Light Comb. any refusing to put the
reduced electric liEht rate into effect in.`,:est klemphis,as was then in effect in other
towns in the state eras discussed at length and it was decided by ti.e Council that-the
proper:ateps to take was to consult an at'b~rney and Bequest them to investigate the rae
matter and see what could be done in order to get the rates reduced. Ivir. Tim. H.Hundhausen
made a motion, which was duly seconded by hir. Paul Burnhard and unanimously adopted by
the Council, that P,'.r. Bragg, t?~e I~ieyor be authorized to confer with Judge S.H.nTanst of
Forrest City regarding the matter. itiir. Bragg stated that he understood that Ju~ge Mann
was away from home at that time but would take tr.e matter up with him as soon as he re-
- turned.
There be ing no further business do come before the Council, adjournment was had
subject to call by tYie Pdayor.
Z.T.Eragg.
?,MAYOR .
ATTEST: '
~~ECCRD: P, .
' ~U
r
On this the 10th day of r'.arch 19~J the Tovm Council of the Incorporated Town
of !'rest b":emphis, Arkansas met in special session in the City Council Chamber at
8 F.P:."", pursuant to call by the Mayor, notice having been given the council prior
to said meeting according tp law.
1`s;,.or Bragg called the meting to order and asked the Recorder to call the roll.
The following answered to their names:
Z.T.Bragg, T~Isyor, L.P.Burnhard, "Tm.H.Hundhausen, Clifford Davis, a.P. Treece,
Aldermen and G.Vl.B~cAuley,Recorder.
There being a quorum present and as there was nc unfinished business to come
before the Council the Ma}or stated that new business was in order and made a statement
that he had assumed certain other duties that would not permit him to continue in
office as P3eyor of the Town of 7iest Ioiemphie and wished to submit at this time his
resignation as said Ialayor to become effective at once. The resignation was turned
over to the hecorder and ordered read which was as follows:
Crest hiempiis, Arkansas
March 10~ 1930.
TO TrIE TOV1v COUNCIL Or THE: TO'R`N OF 4lEST I~.PF.IS,
Gentlemen:
herewith I tender my resignation as the I:iayor of your Town, of active
this date.
It is with the deepest regret I sever my relations with you, which at
ell times have been cordial and pleasant, arri it i_G left to your wisdom and
sound judgment to choose my successor in of face, a duty imposed upon you by law.
Respectfully submitted,
Z.T.Bregg,
h4ayo r.
Clifford 'Davis made a motion that the resignation be accepted. J.F.Treece
seconded the motion. roll was called and the resignation was unanimously accepted.
The Recorder, G.P;.I:4ebuley was Baked to take the cl;air and assume the ;:uties
of Acting Iv".error. Paul Bernhard was appointed to act as Recorder.
The next matter to come before the Council was that of the appointment of
a ftIe or to gill the urea;sired term of I:'r. Bragg. nominations were asked for
wi:ereupon Clifford Davis nomina red L:. B.Cui•rie for rsayor to fill ti:e ur_expired
term of Z."'.Bragg. The nomination was duly secoiried by Faul Bernhard. There being
no other nominations the roll vaes called and vo ,e taken on T~Ir. Currie's election.
All members of the council present wted for lair. Currie. There being 4 YEAS- No. Nays.
I:'.r. Currie was declared unanimously elected.
There being no further business to come before the ;ouncil at tr;is time,adjourn-
ment was had subject to call b•, the Mayor.
G.„.T,^cAUley,
Actin€ Mayor.
Paul Bernhard,
Acting Recorder.
Pursua:.t to call of the itTa;ior, t.,e Town Council of the Incorporated Town of
est Tviemphis, i.rkansss met in regulf,r sesssion in the Council "h amber on 1st day
of April, 1930.
L'eeting was called to order by the Iulayor who asked the Recorder to cell
the roll. Upon roll call the followir~ members ans•v:ered to their names.
L".P.Currie, L^.e;,~or, L.=.Eurnhard, ,;liffcrd Davis, ';:m.E."rundhausen, and J.P.
~'reece, Aldermer. s:.d G.r,'.I,`ct.uley,lrecorder. There veers also present icr. N.arry Neely,
B.F.'=rice, I~.A.~ir.:mons, k.G.Pobbs, and others.
The Tleyor ar_nounced that there being no unfinished business to come before
the Council that new business was in order.
I.'r. Harry Neely of ~t.Louis stated that he had appeared before the Council
for the purpose of securing a fifty year Franchise to furnish the .'own of 'r'est
Plemphis an artesian water suply nd stated that if the Council was interested
in the proposition that he wo old send his engineers here to make a survey and
comgile date and if granted tea a franchise he would been the construction of the
system promptly. the matter was discussed by the council and other parties present
after which I::r. ICm.H.Hundheusen made a motion that action on the matter be deferred
until such time as the Council could gather sucY: inforr,~ tion and aata on the subJ/ ct
'3
to familarize them.-elves v:it]-; the matter sc they could discuss the matter inte111F:ently and
co into details of the pxo~o,.'tior. •,~ith P1r. i;eely. P.:r, Paul Eurnha~•ci ser•.;nded the motion.
T'ne motion was unanimously carried,
tither matter: c+_' inter•t to the v: elf'.~:re e~ ±t:s tcv+n vaer~ ciscu~sed, but no definite
actior_ was t;1c=r_. ,
There being: no further husilm.ess t;: come before the Council, and upon motion w.ich was
duly seconded, adjournment vras had subject to cell by the P,:ayor.
Attest:
C.~~.:.:cAUley, :;ecor~ler.
P.:.B.Cu~•rie, 2,:ayor,
The Town Council of the Incorporated Town oi' v';est Lemphis, Arkansas met in
regular session in the Council Chamber at 8 F.I:'. on the 6th day of P ay 1930,
pursuant to time and place previously fixed by the Council.
The meeting was called to order by the Mayor veto asked the Iecorder to call the roll.
Upon roll call the following members ansr:ered ~•eser_t:
P,l. D. Currie, ;.;ayor, Clifford ilavis, aim. H. Eundhausen, J. C. Johnson, idoah Phillips
and J . P. Treece, Alderman and G. 1I. 1,.cAuley ,Pecorder. There werE also present at said
~ meeting Attorney ?:ub Elair and ;;.. P.;. JeLnson, J.F.
tinon being advised by the recorder that all members of the Council were present and
1,, there wets no unfinished business tc come before the Council, the Tayor announced that
~,* new business was then in order.
The t:ayor stated that the above gentlemen had been certified out by the County
%lection Co:~r,.issioners as the electors to their respective offices acccrding to the
ballots cast at en election held in the Incorporated To~rm of FYest :.''-an phi s, Arkansas on
April 1st, 19~ as ~r Certificate of Election v~:ich the Recorder was asked to read as
follows:
^1o the :?ecorder of the Town of ,'est :.:emphis, State of Arkansas.
iie, the undersiEx~ed, Election Commissioners of the County of Crittenden in the State
of Arkansas, do hereby certify that as a result of an election held in the Town of
';:est 1.'.emphis, in Crittenden Cci.mty, on April 1st, 19~, the following votes were cast,
to-wit:
rot :?ecerder, G, vv. l;cAuley 72 votes.
Fer AldPsmen, J. G. Johnson, 7£ vctes.
::cab 'Y.i'_lips 72 votes.
';;m.fi.fiundhausen 72 votes.
J. P. Treece 72 votes.
Clifford `Davis 72 votes.
'~;itness our hands this 7th day of April, 1930.
h. 7. 'i;heeler, Chairman.
r . B. :;bodes, Election Corr¢nissioner,
'v+. E Eiggs,
As required by law, each marrber of the council next took the oath of office, same
being administered by Justice of the :eace ;;;.L:.John~on, which oath reads as follows:
7L, the undersigned, do solemnly swear that I will support the constitution
of the tinited States and the constitution of the State of Arkansas, Pnd that
I will faithfully discrarge tre duties of the ofi'ice of aldermen, upon which
1 am now about to enter.
P.m. H. P~undhausen,
• - F~oah Phillips,
J. C. Jchnson,
J. P. Treece,
Clifford Davis.
Subscribed and sworn to tefore me this cth day cf P:ay 1930.
P,:. 1.:. ~ ohnsc n, J . °.
for Proctor TownsY•:ip, Crittenden County
I, G. 'v., i:_cAt•:1ey, do solenuii~r swear t,`.at I will support the constitution of tjae United
States and the constitution of the State of Arkansas, and that l will faithfully nis-
cl:arge the duties of recorder, upon which I am about to enter.
,. C1. P::cAuley
~~
Subscribed and sworn to before me this 6th day of L;ey 1930,
L:. ,... ~ ohnson, .. P
Proctor Township, Crittenden County, Ark.
L:. B. Currie, L:eyor had previously taken the oe th of off ice before the Circuit Court Clerk
es required b;- ].aw.
C_:nTICATE 0~' ~L:'CTICi~ fiL.U2::~~.
we, the °oerd of Election Commissioners of Crittenden County, ::r~raae, hereby certi':fy~
that we have canvassed the returns of the vote of the qualified electors of the Incorporated
Town of ' est L:enphis, on the preposition of an Znco rporati on Tax of X5.00 annually on motor
vehicles owned or operated within tY:e limits of said tor•:n, at a special election held for that
purpese pursuant to e proclamation of the mayor cf said incorporated town, on T'uesdey, the
first day of April, 1930, and certify the result c.' said electicn, as shown by the certifi-
cate of tre judges and clerks thereof as follows:
Votes.
For the Incorporation tax 43
iigeirat the Incorporeti on Tax 23
In witness whereof v.e have hereunto set our hands as officers and members of the
Eoard of County Election Corrn:issioners of Crittenden County, Ark anses, this 24th day of
April 1930,
To the I"syor aryl Ald ermen
of l',est I,emphis, Ark.
R. V. Fvheeler, Chairman
";. B. Rhodes; Cler2:.
I~:r. hin. Hundhauser., introduced the following resolution end moved its adoption:
Resolution.
~JI~F.Ef.S, on the 7th day of 1.lay 1929 ordinance P:o, 2 providing for an incorporation
tax of x;5,00 annually on mctor vehicles owned or operated in the incorporated town of
',.est L;emphis, Arkansas, after third reading was daily adcpted and passed at a regular
meeting of the council of said town and a,,pmved by t }e L`ayor and attested by the
ecorder pn the 7th day of Aiay 19:Q ,
AIZ 'r"r.LI;I~LS, on the Bth day of I.:arch 19~ the said mayor issued and published his
proclamation according to law calling a special election for the purpose of submitting
said question of an ineorpc~ aticn ta:~ of ;;C.(`C cnLUelly on moor veY.o'es owned or operated
in Said t:lr.~ w `,?;e _ _~,El . :1.;E. ~ - ;•C,;
.. _ 3 u i'.. .....
And whert;as a majority of said voters at said election held in pursuance to said
proclamation on the 1st day of April, 19°0 by their votes approved said tax, which was so
certified by the Election Commissioners of Crittenden County,
how, therefore, be it resolved by the Council of the Incorporated Town of ;'lest
P~:emphis, Arkansas, that said Ordinance :o. 2 be and she same is hereby ratified, repassed
and declared e law and ordinance.
Approved this 6th day of P,4ey 193J
Attest: G, ;l, L4cAUley, itECOitDr'R. L:, B. Currie, 2:eyor,
I„r. J. C. Johnson, Aldermen seconded the motion.
iJpor. roll call each member off the Council voted "Aye".
The Resolution was 3eclared unanimously adopted.
IJ;r, ,', C. Johnson, a manber of the Council stated that the present date adopted for
the regular meeting of the Council Which was the 1st Tuesday night in each month, con-
flicted with ot,2=~~r important meetings that he attended each Tuesday night and that if ~:---•
agreeable and convenient to the other members of the council he would appreciate a change
in the date of the renalar meetir~ cf the council. After discussion of the matter, h:r.
4;m,h.Hundhausen moved that the regular meeting date of the council be changed from the
first Tuesday night to the first 'ednesday night in each month. Said motion was seconded
byP.Ir. J. r^, Treece. Upon roll call all members of the council voted "Aye". The motion was
declared adopted. `
irs, Noah Fhillips asked the ;.;ayor c:nd ~,ouncil what arogress has been msde in regard to
getting the electric light rates reduced in Y'iest r:emzphis and +ras advised by the :;ayor that he .
would have something definite to report on this s:tject within a fevr days and suggested that
the Council meet back in the Council Ch~nber at 8 F.R. on Prlay 14th, I930,which date being
agreeable to ell the counselrnen, for the purpose cf taki:~ up ±his matter sad any other matter
that mi€ht come before the Council.
There being no further business to come before the Council adjournr.:ent was had until
P..eY 14th when the C•~uncil rill ~;eet in special session. ,
G. i'i, :,icAuley, ?;I:COHLER. B. Currie, :.:ayor.
,~.
~c
nTINUTES OF g SPECIAL T^r.~'PING OF THE T04~N C UNCIL OF TdE INCORPORATED TOC+Tl OF
TJFST P.~IFIIPHI5, CRTP ENDEN COUr1T'Y, 3RKANSAS, r.:,TD T 1'S REGUL&R Pv~IEETIIVG PUCE ON 7.~~
14th 8AY OF TJIAY, 1950, ALL Iv'.r''NBr.RS CF TIC 'IOPtN COUNCIL r:IV~ THE MAYOR P1VD RECORDI~R
THEREOF RANTING llU' Iv~TICE OF SAID P~T.t'STING.
PrIeyor T~4.B.Currie, called the Bouncil to order and ordered the Clark and Recorder
to call the roll of the members of the Town Council to ascertain if a quirum present.
Yhereupon, the Clerk and Recorder called the roll of the members of the Council, and
the following answered present: J.C.Johnson, C~m.H.Hundhausen, Noah Phillips, J.=.
Treece, and it being ascertained that all or a majority, of the members of the Town
Council were present, the P+ieyor announced the regular order of business.
The minutes of the last meeting of the Tows Council were reads and approved,
and there being no reports of standing committees and no unfinished business, the
Mayor announced the consideration of new business, when Alderman 'vvYn.H.Hundhausen
"~ tO
introduced an Ordinance granting~Chas.E.Su;aenger, and unto his heirs and assigns,
~,. a franchise to supply electric current for li€hting and other purposes to the
~ Inc or orated Town of '::est T4;e his Crittenden Count
P ~ , y, Arkansas, and the inhabitants
thereof, within the limits of said Town as said limits may now be established or
sha_1 hereafter be le~lly established, for a period of Thirty (30) years from and
after t're passage of said Ordinar~e and its approval by the 1`:ayor of said Tov,~n.
RJhereupon, the P+Iayor ordered the Town Clerk and Recorder to read the Ordinance
introduced by Alderman Hundhausen, and after the first reading of same by the Clerk
and Recorder, Alderman J.C.Johnson moved that the Ordinance be placed upon its
second and third reading and final passage. This motion duly seconded by Alderman
J.P.Treece and the ie?ayor put the motion, and upon a roll call by the Clerk and
'_~ecorder upon said motion, the following Aldermen voted "Aye":
J.C.Johnson, J.P. Treece, T,~.P.Currie, G.;"l.t4cr",uley and the following
adermen voted "No": ,"rm.H.Hunlhausen, Noah Phillips.
The moticn having carried, the Itiayor ordered the second and third reading
of the Ordinance by the Clerk and Recorder, after which the Pueyoriput the question
of the final passage of said Ordinance before the ~ouncil, and ordered the Clerk
and Recorder to call the roll thereon. The Clerk and Recorder called the roll upon
the final passage of said Ordinance and the following Aldermen voted "Aye^:
J.C .Johnson, J.P.Treece, and tre following Aldermen voted "No"
t~hn.H.HUndhausen, Noah Phillips, The nla;;or voting Yes, tie Clerk and Recorder
voting yea.
,~~ `~
The Clerk and Recorder tabulated the Grote arri announced the result as follows:
Ayes 4
Nays 2
and it being ascertained that said Ordinance received a majority of the votes
of the Council on its submission for feel psssege, t.;e P..eyor declared said
Ordinance duly passed and thereupon approved same, which approval was attested
by the Town Clerk and Recorder, and the Idayor ordered the Ordinance spread upon
the Book of Ordinances of the Incorporated Tovm of nest i,:emphis, numbered~~
.., Ni
Cff3DINAI~TCE N0. 8
C A P T I O N
3 ~.
,~ _ ~ ~ _ v
AN ORDINAnTCE GRANTING TO CHAS. E. SULLENGF,R~ HIS HE IRS AND ASSIGidS, THE ERCLU-
sive RIGHT TO ACQUIRE, ERECT,MAINPAIIJ ADD OPERATE A SYSTEM OF POLES, WIRES, TRANS-
FORMERS AND OTHER APPLIANCES NECESSARY FCR THE DISTRIBU@ION OF F~LP]CTRIC CURREI~P FOR
LIGHTING AND FOFir3ISHIDD POWER FOR MANUFACTURING ANJ OTHER PURPOSES, FOR PUBLIC AND
PRIVATE USE, IN THE IN(ARPOFiATID T07~1 OF WEST ~HTS, CRITTENDEN COUNTY, ARKANSAS,
AI~D~GRANT ING RD CARS . E . SULIENGER , HIS HE Ztt S ADD ASSIGNS , THE ElCCLUSI VE RIGHT TO
LLSE TfD; STREETS,ALLEYS, AVENUES AND PUBLIC GROUDIDS OF SAID 204GN FOR S[TC& PURpoaea;
AND FOR OTHER PDRF~06E~:-
~ -
;~ BB 3'T ORDA]NED by the Town Council of the Incorporated Towa of WeatBQmmphis,
L'~
~ in the County of Crittenden, and State of Arl~nsea:-
SECTION l: That Chea.E.Sullenger, his heirs or assigns, is granted the
privilege and is authoa~ized and empowered to use the streets, allays affi public
grounds of the Town of West Memphis,Arkansas, upon which to rerect and maintain
poles, conduits, guys, etc., to support necessary wires, transformers a~ other
appliances necessary e~ aonveniant for the proper distribution of electric currant
in said Town, and Por such other purposes as may be necessary to terry on his busi-
ness incident to the proper sale and distribution of electric current for limiting,
heat, domestic and power purposes.
3ECTIONII: That the said Chas.E.Sullenger, his heirs or assigns, is hereby
g€anted, and shall have the exclusive privilege of erecting and maintaining poles,
wires, transformers end other necessary appliacea for the pmper distribution of
electric current in said Town, for the use of said Towa and the inhabitants thereof,
for the term of Thirty (30)myeara from and after the date of the passage of this
Ordinance; provided, this grant shall be void and of no effect unless said Chea.E.
Sullenger shall, for himself, his heirs as nssigla, accept and agree to the terms,
agrammenta and stipulations of the same within 5 daga from and after the passage
of ammo, such acceptance to be indorsed upon the mar gin of said Ordinance as the
same appears upon the pages of the Book of Ordinaneea of ea id Town; and at the time
of said acceptance, deposit with the Recorder of said Towa a surety bond in the sum
oY Five Thousand ($5,u00.00) Dollars, conditioned upon the faithful performance of
the terms and conditions of this grant upon the part of himself, his Beira or assigns.
~~fi
SECTION III: That the said Chas.E.Sullenger, his heirs or assigns, shall erect
within the corporate limits of said Town of 'Nest r;ieaphis, ,irkansas, a complete system of
poles, .wires, transformers and other necessary appliances of sufficient capacity to iLir-
nish at all times all the electric current necessary for use in said Town for lighting
purposes and i'or such other purposes as electric cuz:rent is ordinarby used; provided,
however, that said grantee shall not be required to erect, maintain and operate transmission
lines to outlying property where the revenue would not be sufficient to justify the cost
of such lines.
SECTION IV: That in the construction, repairing affi operation of said electrical
tranmmiseion system, said grantee shall use every reasonable and proper precaution to
avoid damages or injury to person or property, and shall hold and save harmless the said
Town from damages caused by the negligence of said grantee, his agents, servants or em-
ployees, in consts•ucting, repairing and operatic said electrical trgnmmission system.
SECTION V That it shall be the duty of the said Chas. E.Sullenger, hie heirs
or assigns, at all times during the term of ti is franchise to furnish suificient electric
current for the use of said Town and the inhabitants thereof, for the uses end purposes
set out in Section Three of this Ordinance, during the twenty-four hours of each day; and
any failure upon the part of the said Chas.E.Sullenger, his heirs or assigns, for a period
of ninety (90) consecutive c:eys to so furnish electric current shall be sui'iicient
cause for the Town Ca',rncil of the Zbvan of Nest I~;emphis,drkansas, to declare this .nranchise
null and void and at an end, unavoidable accidents or delays consistent with ordinary pre-
caution, only excepted.
SECTION VI: That when any person, firm or corporation residing within the corporate
limits of said Town shall equip at his or their, own cost and expense, ar>y building or
other place with all necessary approved standard wiring and fixtures, and shall request
the gx•antee to flrrnish electric current, the grantee shall, without unnecessary delay,
connect the building or other place of such person, firm or corporation, to its trans-
mission lines, and shall Burnish, install and maintain, at his own cost and expense, upon
the propert; of such person, r~rm or corporation, a standard approved electric current meter.
SECTIaI\T VII: Before making a connection, the grantee may require each consumer
to deposit the sum of r i-re (~5.~0) Dollars wi th him, oT , at his option, an amount
sufficient to cover monthly bill for current used by the consumer, which sum shall be
retained by the `antes es loos as the applicant is furnished electric cu_rent; pro-
vided, horcever, that the grantee shall ~;ay interest on said deposit at six per cent per
annum, said interest being payable on t'.:e first day of January cf each year.
SECTION VIII: That the s aid Chas.s;.Sullerger, his heirs or assigns, shall, when re-
quested in writing by the Mayor and Town Council of t::e Town of ~+est I~iempris, ArY,ansas, at
,~.
'",, F:r
his, or'their , own cost and expense, erect, equip and maintain in said Tows at such place
or places ea the said Mayor and Council may-designate, street and alley lights oY size
designated by them, Yurnishing current and providing all-night service; provided, however,
• that the place or places designated for the placing of such street and alley lights shall
be such as to justify the said Chas. E.S~llenger, his heirs or assigns, extending his lines,
m•
•thereto, and for each street and alley light which may be erected and operated under the
provisions of this Section, the Town of Nest Memphis, Arloinsas, agrees and binds itself by
this igrant to pay to said Chas. E.Sullen gar, his heirs or assigns, at the rate of(~2.00)
-' Dollars per one hundred watts per month, payment ~ be made montdn~y.
%` SECTION IX: That the said Chea.E.Sullenger , his heirs or assigns, may charge
for electric current supplied under the provisions of this franchise to consumers is
the Town of Nest Memphis, Arhanssa, such rates as he, or they, may deem just and reason-
---i
'~ able; provided, that such charge shall never exceed the rates
L-~ provided and set out in
~ the following schedule:
ELECTRIC RATES-RESIDENTIAL.
Monthly Flat Rate:
First four rooms or less- $1.00;
Rooms in encase of four-10¢ each, and
Monthly Meter Rate:
) 7¢ per KWH for first 6 HDPH per room;
5¢ per g9VFI for all additional energy
used during the month.
ELECTRIC~4 RATES- COIaT.g,RCIgL.
Monthly Flat Rate:
For up to 500 wntta of contract load,
the sum of X1.25;
For contract load in excess oY 500
watts, 10¢ for each 100 watts of
said eacesa, anl,
Monthly Meter Rate:
7¢ per $NH for up to t$e first 50 KV7H
per 500 watt unit Por mazimtmi demand;
' 6¢ per RP1H for neat 500 KVPH;
4¢ per KVPH for next 500 I{9iH;
2~¢y! per gNH for all energy used in
excess of the above amounts during the month.
~ COMBINATION RESIDENTIAL RATES:
Monthly Flat Rate:
First four rooms or less-~*2.50;
For rooms in excess of fovr-10¢ each, and
Monthly Energy Rate:
7¢ per KNH for first 6 KNH per room;
2Q•¢ per HNH for next 100 gN$;
2¢ per SNP for all energy used in.
excess of above amounts during the month;
provided, that no provision in this ~anchise contained shall prohibit or limit the said
~..,
7~
Chas.E.Sullenger, his helrs or assigns, maki.n~ special llEhting rates to Churches,
schools, hospitals and municipal buildings.
The words "month" and"monthly" as used herein are construed to mean the period
between regular reading dates of meters hereunder, which period shall be as near thirty
days as reasonably possible.
SECTION X:In consideration of the granting of this franchise, the Town of Fest
1•lemphis,Arkensas, reserves an option to purchase and take over said electrical trans-
mission system at any time during the thirty (30) year period, upon the payment to said
grantee, his heirs or assigns, ti:e fair valuation of said electrical transmission system,
based upon the cost of replacement only, and disregarding any value to be attached to
said franchise. The said fair valuation to be determined by three competent en€ineers,
one engineer to be selected by the @cveming officers of the Town oY y4est Iviemphis, Ark.,
one by the €rantee and the thi:•d to be selected by the two engineers appointed by the
governing officers of the Tovm of ~~;est P.Iemphis and the grantee, his heirs or assigns.
SECTION XI: Zt is further ordained that if any portion of this Ordinance is held
to be invalid for any reason, the invalidity of such portion shall in no manner affect
the validity of the ilemainder of this Grdinance.
SECTION XII: That all Ordinances and parts of Ordinances in an;, manner conflict-
in E; with this Ordinance are hereb y repealed, and this Ordinance shall take effect end
be in full force from and after its passage by the said Town Council of the Incorpora ed
'Sown of v+est P:Iemplas, Arkansas, and its approval by the Ivieyor thereof, and its acceptance
in writing ~s herein provided f'or by the said Chas.E.Sullenger, hie heirs or assigns.
t~tDAINID by the Town Council of the Incorporated Town of Pest Memphis, Crittenden
County., State of Arkansas, this 14tYi day of Nay 1930.
14. B. Cur•r ie
P~ieyor .
(Seal)
(Seal)
Attest:
Approved this 14th Say of Nay, 1930.
G .1~i .P.1cAuley
Town Clerk & Recorder.
_ G.G~.i+IcAuleyl
Town Clerk & Recorder
I._.E. Currie ,
Pdayor .
This Franchise accepted this 14th day of I4iey 1930.
Chas. E.Sullenger.
°i. ;TM.. 7
Mr. W1n.H.Hundhaus~ introduced an Ordinance granting tD Chea.E.Sullenger, and unto
his heirs and assigns, a franchise to supplywater to the Incorporated Town off West
Memphis,Critteaden Cou~y, Arkansas, and the inhabitants thereof, within the limits of
said Iowa ea said limits may now be established or shall hereafter be lggally established
for a period of thinly (30) years Prom and after the passage oP said Ordinance and its
approval by the Mayor of said Town. Shereupon, the Mayor ordered the Town Clerk and
Recorder to read the Ordinance introduced by Alderman Hundhausen, and after the first
reading of same by the Clerk and Recorder, Alderman J.C.Tohnson moved t?at the Ordinance
be placed upon its second and thins reading and final passage. This motion duly seconded
by Alderman 7. P.Treece, sad the Mayor put the motion, and upon a roll call by the Clerk
and Recorder upon said motion, the following Aldermen voted "Aye"
M.B,Currie, Mayor, J.C.Tohnaon, J.P.Treece, and G.W.McAulsy; and the following
'~ Aldermen voted "NoE: Wm.H.Hundhauaen end Noah Phillips.
D_.rJ
,~
~ _ .
-~ The motion having harried, the Mayor ordered the aecoul and third reading of the
ordinance by the Clerk and Recorder, after which the Mayor put the question oP the final
passage of said Ordina ce before the Council, and ordered the Clerk and Recorder to call
the mil thereon. The Clerk and Reorder called the roll upon the Final passage of said
Ordinance and the following Aldermen voted "Aye":
M.B.Currie, Mayor, J.C.Johnson, J.P.Treece, G.SV.McAulsy,Recorder,
Alterman voted "No": Wm.H.Hundhauaen, Nosh Phillips, the Mayor voting Yea,
the Cleisk and Recorder voting Yes.,
The Clerk and Recorder tabulated the vote and announced the result ea Yollows:
Ayes 4
Nays 2
and it being nacertained that said Ordinance received a majority of the votes of the
Council on its submission for fin el passage, the Maybes declared said Ordinance dnly
passed and thereupon approved same, which approval wee attested by the Town Clerk and
Recorder, and the Mayor orriered the Ordinance spread upon the Book of Ord inancea of
the ~ncorporatad Town of West Msnphis numbered ~.
Said crdinance reads ea followa~
..
~~
ORDrilANCE N0. 9
C A P T I O N
AN ORDINAIQCE GRAIQTING TO CHAS. E. SGLLENGER, AND HIS HEIRS AIiD ASSI~VS, THE
E%CLUSI~JE RIG E` 7U ACQ~TIRE, E1~CT, MAINTAIN 1li;D OrFRATE A CORiPIETE WATr'33 S~ORF~S SYSTIIvI
FOR ThE CObIVEYANCE OF CIATER, FOR PUBLIC A1~1D PRIVATE USE, II~T THE TOP1N OF `EST I~im2PHI5,
ARICANSAB, AND GRA.T~'PICdG 'lU CH6S. E. SULLINGER,AND EI5 HE IRS APiD ASSIGNS, T ~ E%CLL~IVE
RIGh~ TO USE THE STREETS, AI.IEYS,AVENUES AND PITBLIC GROUNDS OF SAID TOYJN FnR SUCH
PURPOSES ; APdD FUR OTF~ R PUR POSES : -
Be it ea•dained by the Tovn Council of the Incorporated Town of Pleat I~temphis,
Crittenden County,State of Askansas:-
SECTI($J I: That Chea.E.Sullenger, and his heirs and assigns, hereinbefore referred
to as grantee, be and he~is herebyauthorized and empowered toacquire, erect, main-
tain and operate a ca~mplete system of water works for the production, conveyance and
sale of water, for public and private use, :ia the Incorpar•ated Town of @Vest 1'femphis,
Arkansas, for the period of Thirty (30) years from the passage of this Ord inance,accorc;ti-
ing to the following terms and conditions:
The said grantee is hereby eaclasively authorized and empowered for a period of
thirty (~) yearn from and after the passage of this Ordinance to enter upon end
to make eacavationa in the streets, aide walls, avenues, alleys highways and public
grounds, and under the br idgea and viaducts of said Incorporated Town, for the purposes
t
of laying, constructing and maintaining water mains aixi water pipes, with all the neceea-
ary and proper attachments, connections arri appurtaiancea for the transportation, supply
and distribution of water in and through said Incorporated Town, with the rights at all
times hereafter during said period to make eacav~:tona for ~e purpose of relaying,
repairing, replacing and ranoving the said water wins and water service pipes, or any
portion thereof, or make connections for the consumers with such mains and pipes; provided,
however, that after said mains and water pipes are ]aid, repaired or removed, ell eacn-
vat ions shell be refilled and tamped, all si3e walks and pavements shall be replaced and
relaid as found when said eaca~tioas weze begun. Sheuld said grantee fail or refuse
to replace said pavements, aide walks and eacavatioms within a reasonable time, then
the same may be replaced by the Town, at the expense of the grantee.
In the erection, const~~uction,repeirin€, meintE.inir. _:~~~~i opera:iag of eeid water
sy°sten;,nsf~_id grantee shall use every reasonable and proper precaution to avoid damages
or injury to person or property, and shall hold and safe harmless the said Incorporated
Town from damage caused by the aEgli~ence of said grantee, his agents, servants or em-
ployees, in constructing, repairing and operating said system.
In consideration of the grating of this franchise, the Town of West Memphis, Arkansas
reserves an optlon to purchase and take over said water syatemt at any time during the
thirty year period, upon the payment to said grantee, hie successors and assigns, the
Pair valuation oP said water system based upon the cost of replacement only, and dis-
regarding any value to be attached to said f~anchiae. The said Pair valuation to be
determined by three competent engineers, one engineer to be selected by the governing
oPficera of the Town oP West Memphis, Arkansas, one by the grantee, and the third to
De selected by the two engineers appointed by the governing ofPieera of the Town of
West Memphis and the gran tea, hie heirs or assigns.
SECTIOgII:Said grantee, his heirs or assigns, shall not be required to pay the
Town of West Memphis, Arkansas any municipal taz.
~ SECTI014 III: The sPeciPicationa for the installation of the water system shall
be ae follows:
d
(1) Put in an artesian well of auPficient aizo to supply the demands of the Town.
(B) Erect a one hundred thousand gallon stand tower on one hundred foot standards.
(C) Build a concrete reservoir of aufPlcient capacity to at all times insure an
adequate supply of water:,
(D) Lay and place 6750 feet of aiz-inch a~ndard mains; 400 feet of four-inch
standard mains; 6500 feet of two-inch standard mains; all the above pipe to be laid
and placed on such streets ea the Mayor and Town Council of Weat Memphis may design#te;
and thereafter, said grantee shall eatend his mains for the purpose of supplying new
customers when the annual gross income of said eatenaion will amount to fifteen per
cent of the investment necessary to make said eatenslon.
SECTION IY:The consumer shall, at his oxn coat and eapenae, make all connections
to the mains of the grantee. The grantee shall 1lirnish a meter oP standard type and
connect same with the pipes oP the consumer without charge.
SECTION Y:The grantee shall have the right to discontinue from its mains any
consumer of xater xho has not conPormad with the rules of the grantee covering the
consumption of water ea approved by the Town Council, or who is in arrears teh days
for water furnished during the previous calendar month.
SECTION YI: The grantee shall have the right, subject to the approval of the
Torn Council, to make such rules, regulations and requirements, relative to the manner
in which connections with its mains and lateral lines may be made by consumers, end
relative to the kind oP equipment and materiel used in said connections and maintenance
thereof by the consumer, as may be reasonable, which rules, regulations sad requirements,
when approved by the Town Council, shall be in force betxeen the grantee and the consumer.
N
SECTION VII: Before making connection, the grantee raay require each consumer to
deposit with him a sum eque.l in amount to cover consumption of water by the consumer ,
during any one month, which sum shall be retain8d by the grantee as long as applicant
is furnished water; provided, however, that the Grantee shell pay irtere.st or sE-id
deposit at six per cent per annum, said interest being payable on the first day of
January of each year.
SECTION VIII: ~'dithin 5 days of the passage and approval oY this Ordinance, the
grantee shall file with the Town Clerk and Recorder of the Town of ~tiest hremphis, nrkanses
e bond in the panel sum of Five Thousand (;$5,OG0.00) Dollars, executed by him, as prin-
cipal, and some reputable surety company, as surety, payable to the Tovm of ~`;est Memphis,
Arkansas, guaranteeing that the said grantee shall begin the actual construction of his
water distributing system in said Town within 5 days of the date upon which this Ordi-
nance is ratified by referendum election, if referendum petition referring it to such
an election be filed, or within 5 days of the date from the date allowed for the filing
of a petition referring this Ordinance to referendum vote has expired if no referendum
petition is filed; and guaranteeing further that the said Santee shall complete said
water distributizig e,ystem and be ready and able to furnish an adequate supply of pure
water, to be approved by the State Boyd of Heelth, within 180. days of the date upon
which he shall be obligated to begs n the actual construction of said water distributing
system, according to the provisions of .`section Eight.
SECTION IX: It is fuzti~r ordained that if any portion of this Ordinance is held
to to invalid for any reason, the invalidity of such pa^tion shall in no manner affect
the validity o!' the remainder of this Ordinance.
UECTION %: It is herety declared to be urle.wful for any person, firm, corporation,
or associatdon, to tap, break, inure or molest e.ny v+ater pipes, rosins, meters or any
other appliances or connection belonging to the €rantee herein, or for any person or
corporation to interfere with the operation of said water system; and any person, firm,
corporation, or association, found gu illy of violating; any of the provisions of this
Section shall be deemed guilty of a misdemeanor°, Si: c' s}:E11 be fined in any sum not less
than Five ($5.00) Dollars or more than Tv+enty (;?A.00) Dollars, and each day the violation
shall continue shall be dem~ed a agperate offense.
SECTION XI: This franchise may be accepted by the grantee by written notice
of its acceptance being delivered to the Clerk and Recorder of the Town of hest N_emphis,
brkansas, which acceptance shell be delivered ti+ithin 5 days of the date of the pa safe
of t:.is 6rninex~ce.
~~
SECTIGN XIIs The grantee hereby agrees to furnish at all times a sufficient supp~
of orate- for the consumers of the Town of Peat h~emphis,_.rkansas, and further agrees that
tha domestic consumers shell have preference over industrial consumers in case of short-
abe of water. It is further agreed on the part of the grantee that in case he fails,
neglects or refuses to furnish water in sufficient c_uantity to meet the needs oY all
domestic consumers for a period of six months continuously after the completion of the
above system, this francliise shall by that fact becose null and void.
SECTI~ ON %III: It being contempla tad that the grantee shall ilirnish crater to con-
'orm with the prov_aions of this Franchise hereby granted to him, end a hearing as to
the rate which shall be charged by him for said services h~ ving: been had, and the grantee
having vraived any right to notice of the fixing of said rate, the following rates to be
charged by the grantee for water services are hereby determined and fixed:
..~
The minimum 15111 be based on size of openirt:
,_: r
'~ ~/4" meter, Y3,C0;
1" meter, :~5.C0;
`rf:e rates shall be as follows:
2~G0 gflllOnB GI' less, b~~.GO
_.ext "SGG €allone st 5O¢ per thous~:id;
Neat 10,000 gallons at 40¢ per thousand;
ldext 30,000 gallons at 30¢ per thousand;
All over 50,000 gallons at 15¢ per thousand.
The above rates are cumulative.
SECTION XIV: That the said grantee, his heirs or aesigas, shall, when requested
by the ~eyor and Town Council of the Town of Tdest taemphis, Arkansas, at his own cost-
and expense, erect, equip and maintain, in said Town, at such place or places as the
said t~.ayor and Council may 3esignate, fire hydrants; provided, that no extension of
over three hundred feet shall be made for fire hydrants alone. The Town of ?;'est PRemphi~,
Arizaneas, a~,r.es and binds itself by this Erant to pay to said grange, his successors
and assigns, a sum not to exceed w3.25 per month for each fire hydrant so installed,
payment to be made monthlq.
SECTIGN XY: This ordinance to take ef'ect and be in force from and after its
~ -, passage, and acceptance of said grantee, his heirs and assigns, upon the margin of the
i
Grdinance or upon the record thereof in the Office oP the Town Recorder.
SECTION XVI: All Ordinances and parts of Ordinances in conflict herewith are
hereby repealed.
PASSED T&IS 14~h day of ?~?ey 1930.
Approved:
Iii.-. Currie
saTTEST : IAYOR
G. iV.I::cAUley
Town Clerk and Recohier.
~ .~ ..
This Franchise accepted t.:is the 14th C 0 P Y.
Day of D'.ey 1930 Chas.E.Su'_lenger.
J ~ nCGis~ Tii::C.
TD TfiI: i,~AYGR r,TvC T'Cv.Iv GCL'NGIL Cr /
Tf~ IIvCGRrOnATr~i TC~;T~ CF ';,I;BT
;~.ir"'r'TiIS, Ci,ITTr,.v'llI21 COUTjIY,
AttI{AI~SAS .
EE IT i~uOtiiT+ TG YOU, that by these presents, I accept ell the terms and conditions
imposed upon ms by thF _,rovisions of a certain franchise granted to me by the Incor-
porated Town of ~a;est t?emphis, Crittenden Count;- , Arlmnses , as contained in Ordinance
Iio. 8 of said Town, which was duly and legally passed by the 'L'own Council thereof and
approved by tae i;IeyOr of said Tovm, on the 14th day of T.!ey, 19.30.
Chas. E. 3uller.=er.
This acceptance by Chas. F.. 3ullenger of all the terms and conditions imposed
upon t~i_a by the previsions of a certain franchise to him granted by the Town of ~.est
:.:emphis, as contained in Ordinance T;o. 8 of said ^own, received and filed with the
Clerk and I;ecorder of said Town of '-est ,.=enphis, tY:is 14th ;day oS i..ay, 1930.
2::ayor of the Incorporated
Tovm of ' est leaphis ,
Crittenden County, Arkansas.
ATTEST:
G. ~ T,:chuley
Tom .Clerk and Recorder
of the Incorporated Town
of '.est ".etr;phis, Crittenden ;-ounty, Arkar_eas.
T6 TFi,: ~.it:YCR ATuD TOhaN COUNCIL
GF TI-~ IT;CGRrOiiATr~i. TCht2u OF
"~ES~' L~I:IPFiIS, CnITTri~l?v' CCLTITY,
A:i.:i,T~ tL, .
~y lI" HI1GriTT TG YO J, that by these presents, I accept ell the terms ani con-
ditions imposed upon me by the previsions of a certain franchise granted to me by the
Incorporated Town of '.rest T::emphis, Crittenden County, Arke.nses, as contained in
Ordinance I;o. 9 of said Tovr:, r+~ich was duly and legally passed by the '!'own Council
thereof and approved by ti;e '::eycr of said "own, on t`:e 14th day of ?:.ey 1930.
Chas. ~ Sullener.
This acceptance by Chas. 1. cullenger of all the ten;is and conditions imposed
upon him by the provisions of a certain franchise tc him granted by the Town of
';;est „. en phis, e.s contained in Ordinance i;o. 9 of said Tom, received and filed with
the Clerk end ecorder of se id Town cf 'est i:~~phis, this 14th ay of "'ey, a930.
i~. Currie,
?._ayor of the inc orporeted
Town of est :.:alnhis
Crittenden County, krkansas.
6TT1aT:
G. ~~. P.:cAuleY
Tohn Clerk and recorder
of the incorporated Town
of ',~est .lemnhis, Crittenden
County, Arkansas.
3'
THIS AGREII.IEnIT made and entered into on this the 14th day of h?sy, 1930, by and
between Chas. E. Sullenger, of Osceola, Arkansas, the grantee named in Ordinance No. 9,
granting to the said Chas. E. Sullenger the right to acquire, erect, maintain s~
operate a complete system of water works in the Tov~ of West I;~eoiphis, Arkansas, and the
regularly constituted officers of the Incorporated Town of Vlest ~!emphis, Arkansas,
VJiTNESSETH:
THAT for and in cons ideration of the granting of said franchise to the said
Chas. E. Sullenger, the said Chas. E. Sullenger, on his part, agrees and binds himself
to maintain at his won cost and expense, ani to ihrnish water supply sufficient to
operate the present fire hydrants now located end situate in the Incorporated Town
of Vest Memphis , Arkansas , not tp exceed fifteen (15} in number fbr a period of 10 years
~ from this date, or until such ti ma as the said R;own may groe in number of inhabitants
;~
L"~ so as to entitle it to be incorporated as a city of the seaoffi class.
`~ GIVEN under my hand cad seal, this 14th day of ItSay, 19~.
Chas. E. Sullenger .
B 0 N D
VPHEFEhS, on the 14th day ofb;ey, 193J, the Town Council of the Tov~n of best
Riemphis, Arl~nsas, by an Ordinance finally passed 81d approved, granted to Chas. E.
Sullenger, cQ' Osceola, Arkansas, his heirs and assigns, tk~ exclusive right to acquire,
erect, maintain sad operate a system for the distribution of electric current in the
said Town of Vest I,:'emphis, Arl~nsas, and manufacture, sell and supply bo the said Tows
and its inhabitants electric current, and the said Ordinance required the said Chas. E.
Sullenger to €ive bond fbr the sum of Five Thousand (,5,000.00) Dollars:-
NOVr', THEREFORE, we, Chas. E. Sullenger, of Osceola, Arkansas, as Principal ,
and United States Fidelity and Guaranty Company, as Surety, are held and firmly bound
unto the Town bf 'r?est ti:enphis , Arkansas, in the sum of Five Thousand (yp5,000.00) llollars,
upon condition that if said Chas. E. Sullenger, his heirs or assigns, shall within six
months well and faith ii:lly perform the terms and conditions imposed upon him in the
manner provided by said Ordinance as to the acquiring, erection and putting in operation
of an electric transmission system, thFn this obligation shall be void; otherwise to
I
remain in full 2b rce.
PF~VIDID, HO''EV~,that in the event said Ordinance be referred to a referendum
vote of •the legal voters of said Tavn, as provided by law, then this obligation shall be
suspended for such time as the law prescribes for the filing and i'inal vote by refer-
endum upon said Ordinance; and further ~ ovided tY.at in the event said Ordinance be
rejected by the le gal voters of said Town , th a~ t2: is obligati on shall be void.
1
`;~ ;; certified copy of sei3 Ordinance is attached hereto, :'cede apart I.ereof.
Ti; ..IT;!`U" ...-E:~.Or, v;e, ~... said =Y~s. _. :;u1L--nser, end L'r.ited ;fates ridelity
and Guaranty, have ter: unto yet our h:!•rls :r_d seals, th:r 14th Say oY '.. ay, 19^0.
Chas - tul.ler_:-
U:.~'t.0 JiXT~.~ 1..i1L_1~ t_iW
v~"IJ t'.r'in'.'I' 1 ~_...~i. 1 ~ ~L,~:~i'1
\ i:~: H. ~ovren
bttc_•r.ey-in =act.
B 0 N D
iHsC/S, on the 14th day of I;;9;,~, 1)30, the Tovm Council of ~tre Tovar of lest
i~:ie!nphis, Arkansas, by an Ordinance finally passed and approved, granted to Chas. =~. Sullenger,
of Osceola, Arkansas, his heirs a_nd wssi.Sns, the exclusive ri;_ht to acquire, erect, main-
fain and operate a system for the conveyance of ureter in said Town of ,lest :_emY;his, and
produce, convey, sell artd suilly to ti,e said Ton~n and its inhabitants tivwter, a,nd the said
Ordinance re^uired the said Chas. E. Sullener to ;j.ve bond for tY:e sum of rive Thousand
aryl 05,000.00) Dollars;-
N:'<1, TN.~~F.FOPF., ove, Chas. E. Sullener, of O:.ceole., Ar?:ans:^.s, as Principal, Pnd
United States Fidelity and Guaranty Com~a,ny, a.s Surety, are held all firmly mound unto tt?e
Touan of nest i,;emphis, Arkansas, in the srm of Five Thousand (Y5,000.00) Dol~.rs, upon
condition tlLt if said Chas. i•;. Sul len;er, his heirs or assigns, shall vrithin six months
•: ell and faithfully perform the terms and conditions imposed upon him in the manner
provided by said Ordinance as to the acquirir~, erectirk, and put tinU in operation of a
water woris system, then this obligation she-il be void; otherv,2se, to remain in full force.
PROVIDID, HO,EVER, that in the event said Ordinance be referred to a referendum
vote of the 1e5a1 voters of said Town, as provided by lava, then this obligation shall be
suspended for such time as the law prescribes for the fiJin~; and final vote by referendum
upon said Ordinance; and further provided that in the event said Ordinance be rejected by
the le Sal voters of said Tavu, then this obligation shall be void.
A certified copy of said Ordinance is attached hereto, made apart hereof.
Ii7 .~ITIdI:SS '~';'I~'„OF, ,ve, the said Chas. E. Sul lever, and United States rideli~*
and Guarazrty Oo^i;any, Y~ve hereunto set our lends and sea's, this 14th da~~ of :,,2,r , 193C.
Ci-~~s. c.. Sul lan._er,
P14IidCIF eZ.
UPII^r-'D STATES SIDF,iITY _"ld- GU ~~i:d'?'I C®I.~.~1'IY
(SU~EI'Y) .
By A. '~~. 3o~:ven.
Attorney-in-fact.