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September 16, 1932~i .._ _ At a call meeting of the Tmven Council of the Incorporated Town of 1 est A~Iemphis, held in the Bank of ~+est Memphis on Sept- ember 16th, 1932, all members of the town council having had due notice of the meting as required by law, and the following members being p resent: 'r7. fi. Hundhausen, IBayor, J. c. Spots, recorder, Noah Philligs, ',~. G. Parker, L. E. Jacks, and r . ';J. Tremmell, aldermen, and L. L. Harris, alderman, being absent, when the following proceedings were had to-wit: The minutes of the last meeting vrere read and approved, on motion of '.J. G. Parker the following bills were ordered paid: ~. T. Bragg for paint X1.00 Johnson ~u~o Company for cinders yp13.54 +'est Idempizis Power & 'later Company for water .;78.00. --+ The follotiving resolution was introduced: ~`~ "BLl~ IT '_1uSOL~; yD BY LAB T07IN COUNCIL OF 'TIi:G INCORPO ~ZrBll ~" TO',~rN OF :iy';S T I: r IvIP_iIS cP That, ~vhereas, the Fire Chief has not time in which to act in issuing building permits therefore the Liarshal of the Incorporated Town of ~7est I,Semphis is hereby designated as the official to issue building permits under ordinance Number Tvre>~ve (12) .'~ The following ordinance was introduced and read the first time: 1frIN ORDINr,NCB nNNULI.SNG nR~ VOIDING ~ ~iLLtyG;U -.~':~CLU6IVE . FRy~TC1iISE FORIa,^r,RLY ILLF,G~sLLY G~TFL BY `PHIS CCUN(:IL nT ~T ILL~~L I:4liTING: 's~~;RF~tS, on the 1#th day of Pday, 1930, the Town Council of the Incorporated Town of ,.est Iv7emphis, nrkansas, was unexp ectedly ca~.led into a special meeting, at w._ich meeting all of the aldermen were not present and some of the absent aldermen did not have notice of said meeting; and ~Jr~RF,:iS, at said meeting the said council read and considered and passed an exdlusive franchise for the purpose of supplying electric energy to the inhabitants of the to~dvn of -,pest P~Iemphis, without giving the said fran- chise proper conside_~ation and without the public knowing anything about t!1e transaction or the rights granted there- under; and ~r~~t~~' S, it is t'~ie sense and finding and belief of this council that the said franc'~ise was passed irregular- ly tivithout proper notice to the members of the council and with s aae of the councilmen being absent, and without due consideration as to its probwble effects on the Tovrn of +'est Pdemphis and its inhabitants; and •~r."i;Ry:S, the said franc!ii se was exclusive and pur- ported to barter away-for a long period of time the _~ight and privilege of transacting a public utility business vrithin said tovrn and vrill therefore result in irreparable injury to the Town of .pest Memphis in t!zat it will prevent the said to~•vn and its in:.~abitants from securing the benefits of hydro-electric development and other power sources and deny to the said town and its inhabitants and manufacturing con- cerns the benefit of cheap power for industrial and manufac- turing purposes, thus handicaping the industrial development and future grovrth of the torn of :est I~Temphis; and /~ ~l~I.~R~AS, the said town oP YVeat Memphis at the ~ii~0 oi' the passe.ge of the said franchise }~ras being served by another company which had made a large investment in th~rt territory for the purpose of serving the town of ,Vest h4emphis and its light and power customers, and the grant- ing of the said exclusive franchi se constituted a dis- crimination and an injustice against the said concern. N0,7, TFiLREFORE, be it enacted by the Tovrn Council of the Tovrn of ';lest I~-Iemphis: Section 1. That in fairness to both public util- ity companies operating. in the town of rest Lempl.is, and to its inhabitants, that a purported franchise granted to Charles .N. Sullinger st an improperly and irregularly held meeting of the Council on Llay 14th, 1930, be and the said franchise is hereby annulled, decl::red to be void, and held for naught. Section 2. That this Council proceed imr:ediately to have introduced and then passed two identical franchises granting to ~~est &4eraphis Power & r'later Company and also to ~,rkansas Power &, Light Company full right and ppportunity and privilege to supply electricity for both electric lights and power purposes to the inhabitants and consumers of the town of r'iest Memphis. Section 3. This Ordinance being necessary for the public peace, health and safety and for the preserva- tion of the best interests of tine citizens and in`abitants of the To~r~n of 'nest I:Iemphis, an emergency is hereby de- clred to exist and this Ordinance shall be in full force ~ om and after its passage.'* Upon motion that the rules be suspended and tine ordinance read the second time, the following voted in the affirmative: '.i. H. Hundi.ausen, J. 0. Spotts, Noah =hillips, '.;. G. Parker, ~. F,. Jacks, and t~'. ','T. Trenrraell, the ordinance vras read tre second time, and it vras moved that the rules be suspended and the ordinance read the third time and placed on final passage, all the foll~e~ring voting in the affirmative: 'i, _". Hund~~ausen, J. 0. Spotts, Noah Phillips, 'i. G. Parker, L. z. Jacks, and F. s~. Trammell. The ordinance was read the third time and the •.~uestion being on the adoption of the ordinance, the roll was called and tl~e follo~~ing voting in tYie affirmative: J. G. Spotts, Noah Phillips, ;•i. G. P~~.rker, i!,. F,. Jaclcs, and r. '1. Trammell. ri.~y. Hundriausen not voting. ~°~fiF,R:.'ITPUN, said ordinance was ~,echEed adopted and the re- corder was directed to spread the same upon the record of ordinances of said toti°rn, and to have the same published as required b, lavr, and to number said ordinance Number Sixteen (16). Gn motion the council adjourned until Tuesdsy, September 27th, 193: at 8 0 ~ clock P.B+i. ~;°T. Hundhausen, Mayor. J. 0. Spotts, Recorder.