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.