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5/10/38 - 9/22/38MINUTES I } f i Da Tuesday the 10th day of May, 1938, the City Covnoil met in the directors room of the Bank of Nest Memphis building at 8 o'clock P. M., with the following mem- hers presents Wm. H. Hundhousen, Mayor] 0. i. Bollinger; R. C. Broece; and R. D. Eberdt. It being apparent that no business was ready to bring before the Council, same was adjourned to met again at the same hour and place on Tuesday the 17th day of l(ay 1938. J. 0. SPOTTS, City Reoorder W. H. Hundhouaen MA OR *rs~ss**r***~*s~***~s~*~**~*ss**s***s~~s* MINUTES r-i C~ 4.~~ LYa d d C Pursuant to last adjournment, the City Council of the City of Nest Memphis met in the director's room of the Bank of Nest Memphis building at 8 o'clock P. M., 5-17-38, with the Following members ,present: Wm. H. Hundhousen, Mayor] 0. I. Bollinger; R. D. Eberdt; F. E. Denson; Aldermen; J. ~. Nine; C. H. Bond; Doyne Dodd; and J. 0. Spotta, City Reoorder. The following proceedings were had to wit: The following ®sdinanoe was introduced by R. D, Eberdt and read the first time OR~INANCE N0. 70 -: AN ORDINANCE REGULATING THE EXERCISING OF DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF NEST MEMPHIS. BE IT ORDAIAED BY THE CITY COUNCIL OF THE CITY OF NEST MEMPHIS, ARKANSAS, Section 1. Hereafter it shall be unlawful .for any person or persons to exercise or cause to be exercised, any greyhounds or racing dogs, on the streets, road, alleys, patha,•highways, or anywhere else not heroin specifically mentioned, within the corporate limits of the City oP Nest Memphis. Section 2. Anyone violating the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding ten dollars, (#10.06). Section 3. WHEREAS the present practice of exercising dogs has resulted in an unsanitary condition within the corporate limits of the City of West Memphis, and the public health, pesos, and safety is thereby endangered, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage. Y®4. H. Hundhousen YOR PASSED: 5-17-38 ATTEST: J. 0. Spotts - C ty eoor er Motion was then made by 0. I. Bollinger that the rules be suspended and the Or- dinante read the second time. Motion was then made by F, E. Denson that the Pules be suspended ~ Ordinance road the third time and placed on final passage. The question being upon the adoption of said Ordinance, the roll was called and the following voted is the affirmatives Wm. H. Hundhousen, R. D. Eberdt, 0. I. Bollinger, and F. E. Denson. Nhereby the Mayor declared said Ordinance duly adopted and the recorder wca re- quested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinanoe'~jYO, seventy. The following Ordinance was then introduced by F. E. Denson and read the first time. ORDCE_ N0. 71'_x; AN ORDINANCE TO REGULdI'E THE LOCATION AND USE OF BUILDINGS WITHIN THE CITY OF WEST ME]ePEIS, ARKANSAS. . ' BE IT ORDAINED BY THE COUDTCIL OF THE CITY OF 9fEST MEMPHIS, IN REGULBR 6ESSION. ASSEMBLED. Seotion 1. FIRE LIIYITS: The following shall be and are hereby declared to be the fire limits. The boundaries of the ooaaneroisl zone as set forth on a mas- ter street map of the City of 4Pea~,Memphis, said map being filed and recorded in the Offioe- of the Circuit Clerk of Crittenden County Arkansas, shall be identical with the boundaries of the fire zone. That no building can be con- structed within the fire zone ghat does not comply with the requirements aet~ forth here-in-after. Section 2. PERMIT REQUIRED, MAIN BUILDINGS: Ho wall, structure, building, parts of building, or appurtenance and equipment thereto, shall hereafter be built, enlarged, or altered until plan of the proposed work, together with a statement of materials to be us ad shall have been submitted to the City Engineer or other designated official who shall in accordance with the provision herein contained issue a permit for the ,proposed construation. Structures hereafter erected without a permit or in conformity with this Ordinance shall be removed. No building shall be moved until permit.has been obtained from the C~.ty Engineer or other designated official and suah official shall not issue such permit, if, in his judgment the paopQsed new location of the building would seriously in- crease the fire hazard of the surrounding buildings. Seotion. 3. INCOMBUSTIBLE Wi4LLS,.COBNICES, AND ROOFS. Every building hereafter erected or enlarged within the fire limits shall be enclosed on all sides with walls oonstruated wholly of stone, Drink, hallow building tile, concrete, or other equivalent incombustible material having a fire resisting property of a 13 inch brink wall, and shall have the roof including dormer windows, and cornices covered with incombustible material. Any wall, if not a supporting wall may ba not less than 8 inches. The building may have wood floors and wood supports for roof. Section 4. AUXILIARY BUILDINGS: Ware rooms or storage buildings, having a floor area not exceeding 600 square feet, looated on the rear of lots and,. used in aonneotion with main building that is looated on front of lot,-whey suah main building complies with the requirements of section 3 of this Ordinance, may be constructed wholly of sheet metal with metal framing or may be of brink, aonoreta, or hollow building tile, having walla of not less than 8 inphes in thickness. If sheet metal is used, floors and entire roof shall be of incom- bustible material. If conetruated of brink, concrete, or hollow building tile, it may have wood floors and wood supports for roof, but roof shall b9 oobered with incombustible materiel. - Extension to main building when added as a leass~to and having a floor area of not exceeding 500 square feet may be classified as an auxiliary building with- in the meaning of this ordinance. This ordinance is in no event to be construed as to permit a building to be con- structed on the front of a lot as a main building on said property, except as provided above for construction of main building. Seotion 5. PERMISSIBLE WOODEN STRUCTURES WITHIN FIRE LI3~'ITSs No frame or wooden structure shall hereafter be built within the fire limits as given here- in, or as they may be hereafter established, except the following: and all. roofs planed upon suah buildings or structures shall have an incombustible covering, and shall not be less than 30 feet of the aein building. (s) Temporary one-story buildings for use of builders. (b) One-story sheds not over 15 feet high, open on the long side with sides covered with incombustible material, and with an area not to exceed 750 square feet. A wooden fence shall not be used to from the beak or side of suah sheds. ' (c) Wooden fences not over 8 feet high. U i ~."~~ (d) Piazzas or balconies not ezaeeding 10 feet 1n width, not extending more than 3 Peet above t;he second-story floor beams. No suah structure shall extend beyond the lot line, or be joined to any similar structure of another building. (e) Bay windows when covered with incombustible materiel. (f) Small outhouses not exceeding 1b0 square feet in area and 8 feet in height. ~ (g) Grain Elevators, coal pockets, or ice houses, ea usually constructed. I No frame building shall be moved from without to within the fire limits. (h) WIRING. In any building within the fire limits shuch ea cleaning es- tablishments, garages, etc., where inflamtcable liquids, or gases are used or stored, the wiring shall be incased in rigid metal conduit. All other buildings, if wired, may use a 3 wire ground romax system and all outlets, switches, and ~unations shall be incased in metal boxes, except at points where wiring is ex- posed to wear, in which case it shall be incased in metal conduit. ~ Seotion 6. REPAIRING FRAME BIIILDINGS WITHIN FIRE LIMITSs ~4ny existing frame ~ building within the fire limits, which may hereafter be damaged by fire, decay, L"J or otherwise to an amount greater than one half of it's present value, exclu- d sivs of-the foundation, shall not be repaired or rebuilt, but s}:ell be removed. d Seotion 7. PENALTY FOR tiIOLATIONS: An- and all persons who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications of plena submitted and approved thereunder, or any certificate or permit issued there- under, shall severally for each and every such violation and non-compliance res- pectively, forfeith and pay a penalty in the sum of $2b.00. The imposition of one penalty for any violation of this ordinance shall not excuse the violation or permit3S;. to continue; and all such persona shall be required to aorreat or remedy-such violations or defects within a reasonable time] and when not other- ll ~ wise specified, each ten days the prohibited conditions are maintained shall constitute a separate offense. Seotion 8. All Ordinances and parts of Ordinances in conflict herewith expeci- elly Ordinance No. 12 and Ordinance No. 49 are hereby repealed. Section 9. It appearing that there 1s immediate need for more definite regula- tion of construction to prevent fire hazard to protest the citizenry of West Mem- phis, an. emergency is declared to exist and this Ordinance shall be in full force.and effect from and after its passage and publication. Wm. H. Hundhousen MAYOR APPROVED b-17-38 ATTEST: J. 0. Spotta CtyRao er Motion was then made by 0. I. Hollinger that the rules be suspended and the Or- dinance read the second time.., Motion was then made by R. D. Eberdt that the rules be suspended the Ordinance read the third time and planed on final passage. The question being upon the adoption of said Ordinance, the roll was called and the following voted in the affirmatives W. H. Hundhouaen, R. D. Eberdth, 0. I. ~ Bollinger, and F. E. Denson. Whereby the Mayor declared said Ordinance duly adopted and~the Recorder wee re- que~ted to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number paid Ordinance No. 71. Seventy-one. The following Ordinance was then introduced by Or I. Bollinger and read the first time. • ~'?s ~,. oRD cE No. 72 - ;Y.,;. AN ORDINANCE TO AMEND PART 2 OF SECTION 1 OF ORDINANCE N0. 69 - BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, That part 2 of Or- dinance No. 69 be amended to read as follows: r--~_ "Thst the set-beak line on Missouri Avenue from Broas3avay North to Ten-Mile Bayou shall be 70 feet from the center of the pavement on both sides of the street. No gasoline pumps shall be permitted to be erected at a point closer that 40 feet from the center of pavement on either side of Highway 70 from the East corporate limits to the West corporate limits and on Missouri Avenue from Broadway North to Ten-Mile Hayou, and ghat no canopy or other structure, except the pump itself be permitted at the point." Wm. H. Huadhousen MAYOR PASSED: b-7-38 ATTEST: J. 0. Spotts Ci y cor er Motion was then made by F. E. Denson that the rules be suspended and the Or- dinanoe read the second time. Motion was then made by R. D. Eberdt that the rules be suspended the Ordinance re!-d the third time and placed on final passage. The question being upon the adoption of snid Ordinance, the roll wsa called and the following voted in the affirmQtives Wm. H. Hundhousen, R. D..Eberdt, 0. I. Bollinger, end F. E. Denson. Whereby the Mayor declared said Ordinance duly adopted and the Recorder was re- quested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance No. 72. seventy-two. The following Resolution was then offered and unanimously adopted. RESOLUTION ~~~JJJ WHEREAS, The City of West Memphis,.Arkansas in the operation of the Sewer Sys- tem has been paying the expense of said operation out of the City General Funds. WHEREAS, It being apparent, after some 12 months operation, that the revenues derived therefrom and in amounts ample and sufficient to pay all interest pay- ments and bond payments cs they mature, and to defray all the expense of said system operation. THEREFORE; Be it resolved by the City Council that a regular monthly sum of $280.00 be set aside in reserve for Bond and Interest payments of said sewer system, the balance if any, of said revenue to be used in maintenance, expense ofoperation, and construction costa. Wm. H. Hundhausen ATTEST: J. G. Spotts Ci y Recorder ~ Mayor Hundhausen appointed as a Committee 0. I. Bollinger,-Noah Phillips, I;~ R. D. Eberdt, and C. H. Bond to make necessary adjustment and settlements with former City Engineer, M. C. ganr~wnn, on outstanding accounts and'fees collected and to make report of such ad3ustments at the next meeting of said Counail. The question of the ineffio~~a0y of the present Fire Chief was brought before the Council and with proper motion duly second and adopted, it was unanimously voted to discharge Chief Charles Lester, and Odis Ball was thereby nominated and unanimously elected as his suaceseor to the position of Chief of West Mem- phis Volunteer Fire Department, until such time as he might be removed from office by vote of the City Council, The Recorder was requested to advise Mr. Lester and Mr. Ball by letter of the above cation. x The following bills were then presented for payment, payment approved by the Council, and the,Reoorder authorized to draw warrants, and the Treasurer au- thorized to pay same in the following amounts: Eddie Johnson--------------Grader---------------------------------------X37.50 Will Carter----------------Tractor-+-------°---°---------------------- 37.50 Bob Tucker-----------------Laborer----------°-------------------------- 12.37 Jim Collier----------------Iaborer-------------------------------------- 10.42 S. C. Toof & Co.---------------------------------------------°--------- 2.58 Crittenden County Times------------------------------------------------- 17.75 City Firemen Compensation due (3 fires)--------------------------------- 60.00 J. A. Riggs Tractor Co 12.04 Reynolds k Reynolds- 75.00 -------------------------------------------------- ! National Funeral Home---°---------------------------------------------- 4.76 W. J. Cooley de Co.-•---------------------------------------------------- 51.05 Johnson Auto Co.-------------------------------------------------------- 77.01 Wallin Dickey & Rich Lumber Company------------------------------------- gyy2 Modern Mercantile Company----------------------------------------------- 10.19 Pest Memphis Conorete Prod.Company--------------------------------..--__- 90.30 YQeat Memphis News------------------------------------ ------------------ 13.00 C. C. Culp-------------Expense Aoaount----------------------°-•-------- 95.86 '~ A. R. Romines----°-----------------------°---------------------------- 1b.00 Fabick Tractor Company--------------------------------------------------251.34 p Charles Leater---------------------------------^------------------------ 16.00 Aldermen's meeting-------------------------------------- --------------- 1b.00 Q; The City Reoorder was authorized to draw warrant in the amount of1224.31, said amount bei~ig the amount of City General funds used to defray operating expenses oP the sewer system during the period of time in xhich revenue funds derived from ,the use of said system wars not sufficient to defray said expenses. Said warrant to be drawn against the Sewer revenue aoaount and deposited baog to the City General Aoaount. There being no Yurthor business. to come before the Cau~aail, same wsa: adjourned. *****~*************.*************** ~ ~ n MINUTES On Tuesday the 14th day of June, 1938, the City Council of the City of Wast Memphis met in regular session in the City Engineer's Office at 8 o'olock P.bS., with the following members present: W14. H. Hundhausea, J. 0. Spotts, I. L. Owens, R. D. Eberdt, F. E. Denson, and 0. I. Bollinger. ~Y The following prooeedings were had to wit: a Resolution wee introduoed and unanimously adopted, authorizing -the authorities of the Sewer Department to negotiate for an exchange of motors to be used in the operation of said sewer system. Mayor Hundhausen appointed the following improvement Committee to make investi- gation and oonfer with members of the Council, relative to skid improvements for the City of West Memphis. r The Committee as follows: J.C. Johnson, Jack Rich, and George T. Sandell. There being no further business to oome before the Council, same was adjourned. WM. H. HUNDHAUSEN, MAYOR Attest, J. 0. Spotts i ~. *********************»s*~******~********* i MINUTES On Tuesday the 12th day of July, 1938, the City Council of the City of West Memphis met in regular session in the Engineer's Office at 8 o'clock P. M., with the following members peasant: WM. H. HUNL'HAUSEN, J. 0. Spotts, R, D. Eberdt, 0. I. Bollinger, F. E. Denson and R. C. Breece. , It being apparent that certain data and information relative to City improve- ments had not been compiled, it was therefore neeeasary to adjourn, which motion was intertained and duly passed to meet again at the same hour and plane on Tuesday the 14th day of July 1938. WM. H. HUNDHAUSEN ATTEST: J. 0. SPOTTS MAYOR MINUTES Pursuant to last adjournment the City Council of the City of West Memphis met in en adjourned session in the City Engineer's Office at 8 o'clock P. M.T-14-38, with the following members present: WM. H. Hundhausen, J. 0. Spotts, 0.2. Bollinger, R.D. Eberdt, F.E. Denson, Doyne Dodd, and R.D. Breece. The following proceedings were had to wit: Motion was made and duly adopted to pay office rent for the City Engineer from % the sewer revenue account. The City Attorney was authorized to prepare petition, asking the West Memphis Power and Water Company to install mufflers on engine-exhaust at their plant. A committee having previously besn appointed by the N,eyor to negotiate with former City Engineer, M. C. Baumann, relative to settling a claim, which said Mr.•Baumann had previously filed against the City, said committee made its re- port as followss In consideration of $100. cash and a credit of X100. to be consumed in 13censea, sewer rentals, and other taxes, M. ~. Baumann agreed to accept same as full settlement of all claims against the City to date. The recorder was instructed to draw warrant for-the above amount and to credit Mr. Baumann ivlith $100. to be consumed as ebpve stated. The following bills were presented and payment approved and payment authorized by the Council. • A. R. Romes ----------------------------------------------------------~ 85.00 M. Tyler ------------------------------------------------------------- 16.00 E. B. Crawford--------------°---__°_----°------°--------°-------- 200.00 West Memphis News---------------------------------° ------------------ 32.50 Wallin Dickey & Rioh Lumber Comapany_________________________________,. 400.00 Dacus Lumber Company-- ° ---------------------------------------------- 108.07 Crittendon County Times_______________________________________________ 27.50 Allis Chalmers Com~ny------------------------------------------------ 561.87 Arkansas Power & Light Company---------------------------------------- 25.50 Modern Mero. Company--_---°-----------------------°----------------- 9:30 Tri State Culvert Company--------------------------------------------- 70.80 J. A. Riggs Tractor Company° ----------------------------------------- 30.20 The Manhatten dubber company__________________________________________ 250.00 James Moore-------------------------------------°-------------------- 24.00 Wallin-Dickey & Rioh Lumber Company___________________________________ 4,22 West Memphis Lumber Company___________________________________________ 6.84 West Memphia Nursery Company------------------------------------------ 3.00 There being no further business to Dome before the Council same was adjourned. WM. H. Hundhausen MAYOR ATTEST: J. 0. Spotts MINUTES On ffionday the first day of August, 1938, the City Council of the City of West Memphia met in the City Engineer's Office at 3 PM all members having had due notice as required by law, the following present:WM. H. Hundheusen, J. 0. Spotts, Doyne Dodd, O.I. Bollinger, R.C. Breece, Noah Phillips, F.E. Denson, and R. D. 1 Eberdt~ the same being a special meeting celled by the Mayor. .J The following proceedings were had to wits The following ordinance was introduced by O.I. Bollinger and read the first time. ~. 1'7 ORDIMNCE N0. 73. ~ ~~`'; AN ORDINANCE PROVIDING FOR TBE ISSUANCE OF BONDS TO BE USED FOR THE PURCHASE OF A SITE FOR,`..,C,,,QQI~~TR. CTION OF, (AND EQUIPN`INT>,OF A COMBIP2ATION CITY HALL AND FIRE STATzON,~FOR T~IE~ONSTRUCTION AND IMPROVEMENT OF STREETS, ROADS, AND SIDEWALKSS FOR THE CONSTRUCTION CF A STORM WATER AND DRAINAGE SYSTEM,~AND FOR OTHER PURPOSES.) ' WHEREAS, the City of West Memphis has progressed to a point where the necessity of having a City Hall and Fire Station has become vital, and WHEREAS, the streets within the. corporate limits of said City in their present condition are no longer adequate to supply the needs of the inhabitants, and .WHEREAS, the said City of West Memphis has no funds available with which to make the above named improvements, constructions and repairs, and WHEREAS, Amendment number 13 of.the Constitution of the State of Arkansas em- powers cities of the first and seoond class to issue by and with the consent of a majority of the qualified electors of said municipality voting on the question' an election hatl;d for the purpose, bonds to be issued for the pur- chase of sites for, construction,of, and equipment of City Halls; for build- in?s for the housing of fire fighting apparatus; and for the construction of ~ ~ and. widening and straightening of streets, sidewalks and boulevards within the ~ corporate limits of said munioipality,and ~ ` ~ WHEREAS, In order to provide for the payment of the bonds issued under the Q provisions of this amendment and interest thereon, a special tax, not to exceed - five mills on the dollar in addition to the legal rate permitted, may be levied by municipalities on the land and personal taxable property therein, P:CW THr,~EFORE, BE ZT ORLAINr'D that an election be held, and that at such elec- tion there be submitted to the electors of said City of West Memphis the follow- ing questions: A. Shall the City of West Memphis, by the levy of a five mill tax as autho- rized by Amendment 13 to the Constitution of the State of Arkansas raise the amount of twenty (20) thousand dollars by issuing its bonds to said amount for the purchase of a site for, construction of, and equipment of a combination ' City Hall and building for the housing of the City's Fire Fighting apparatus? B. Shall the City of West Memphis, by the levy of a five mill tax as autho- rized by Amendment 13 to the Constitution of the State of Arkansas, raise the amount of thirty (30) thoussm d dollars by issuing its bonds to said amount for the construction of and improvement of streets, side walks and boulevards within its corporate limits, and for the construction of a storm water and drainage system? BE IT FURTHER ORDAINED that said election be held on the 7th day of September, 1938,.at the following polling places: WARD ONE, Rear Bank of West Memphis Building. ~ ~i ~ ~ka~~~ , WARD TWO. Treece's Barber Shop. WARD THREE. Moody's Cafe and Filling Station. ~ That notice of said election shall be given by the Mayor by advertisement weekly for at least four times in some newspaper published in said Munici- pality and having a bona fide circulation therein;. the last publication to be held not less than tan days prior to the date of said election. ~ That the result of said election shall be proclaimed by the Mayor and the I results as proclaimed shall be conclusive unless attacked in the Courts with- in thirty days after the date of said proclamation. BE IT FURTHER ORDAINED that if the citizenry vote favorable on the sforenamed questions, that the Mayor and Recorder of the City of Went Mphs. be authorized and directed to execute the bonds of the said City bearing interest at the rate of 42 per centum per annum, and numbers, amounts and maturities to be as follows: ~~- `'~ ~ ~` ~~~ ~ u ~~~ ,- '-.TM' _. . ,m~ ~."{ ~~ ~ tK~ .. .. ~'~ .. NUMBER OF BOND AMOUNT 2:ATURITY 1 and 2 X2000 Nov. 1st, 1940 3 and 4 2000 'Nov. lst,1941 5 and 6 2000 Nov. 1st, 1942 7 to' 9 inc. 2500 Nov. 1st, 1943 10 to 12 inc. 2500 Nov. 1st, 1944 lg to 15 inc. 2500 Nov. 1st, 1945 16 to 18 inc. 2500 Nov. 1st, 1946 19 to 21 inc. 3000 Nov. 1st, 197 22 to 24 inc. 3000 Nov. 1st, 1948 25 to 27 inc. 3000 Nov. 1st, 1949 28 to 30 inc. 3000 Nov. 1st, 1950 31 to 33 inc. 3000 Nov. 1st, 1951 34 to 36 inc. 3000 Nov. 1st, 1952 37 to. 39 inc. 3000 Nov. 1st, 1953 40 to 42 inc. 3000 Nov. 1st, 1954 43 to 45 ino. 3000 Nov. 1st, 1955 46 to 49 inc. 3500 Nov. 1st, 1956 50 to 53 inc. 3500 Nov. 1st, 1937 r ., , WM. H. HUNDHAUSEN, Mayor Aassed Aug. 1. 1938. ~. ,~:~ - _, Attest: J.O. SPOTTS, Reoorder. Motion was made by R.D. Eberdt that the rules be suspended and the ordnance dead the second time. Motion was then made by R.L. Breece that the rules be suspended, the ordinance read the third time and placed on final passage. The question being upon its adoption of said Ordinance, the roll was oelled and the following members voted in the affirmative: O.I. Bollinger, R.C. Era©ce, Noah Phillips, F.E. Denson, and R.D. Eberdt. Whereupon the Mayor declared said Ordinance duly adopted and the Recorder was requested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance No. ?3. seventy- three. It being apparently necessary, 'in order to expedite and approval of the City's" applioation to the Works rrogress Administration for City Hall and other im- provements, that a committee be instructed to go to Fort Worth, Texas and file the above application. The following committee was elected by the Council to go to Fort Worth, T®xas, and the Recorder was instructed to draw warrant in the amount of X100. to defray traveling expenses of said committee. The said x$100 to be returned to the City Treasury out of the first funds received by the City. Engineer, Architect, and Attorney, for the services in the above matter. The committee as follows: C.H. Bond, Doyne Dodd, and R.D. Eberdt. There being no further business to come before the Council, same was adjourned. WM. H. HUIdDHAUSEN b`,ay~r i 1 `;;.; 4 T.3IINTES ~~~ a On Tuesday, the 13th day of September, 1938, the City Council of the City of West Memphis, met in regular session, in the City Engineer's Office, Bank of West Pdemphis Building, at 8 o'clock F,P~I., with the following members pre- sent: Wm. H. Hundhausen, J. 0. Spotts, Doyne Dodd, C. H. Bond, R, C. Breece, F. E. Denson, I. L. Oarens, 0. I. Bollinger, Pdoah Phillips, and R, D, Eberc:t, The following proceedings were had to wit: . P.lotion was m8dd by Noah Phillips-and was properlf'seconded~by R. C. Breece,, that the City Attorney be instructed to take such steps as might be necessary to force H. R, Dabbs to make necessary connections to the Sanitary Sewer sys- tbm. All members present voted ir. the affirmative. The £ollotiving resolution was introduced by R, D. Eberdt and with proper se- cond was unanimously adopted. RESOLUTION r-I 4f~ ~.' 0 A RESOLUTION AUTHORIZING TIIE CITY OF WEST MECIIPHIS TO FILE AN APi'LICATION TO THE UNITED STATER OF APdERICA THROUGH Th'E FEDERAL EPdERGENC.Y AD'S?IIIISTRATIOA? OF PUBLIC WORKS FOR A LOAN APdD GRANT TO AID IN FINAt`:CING THE EXTENSIQ~I OF THE SEWER SYSTEEi OF TIIE CITY CF J7EST ;JEPdPNIS. BE IT RESOLVED EY THE CITY COUPiCIL OF THE CITY OF WEST h1EPdPHIS: S3CTIOId 1. that Wm. Ii. Hundhausen, PSayor, be and he hereby is authorized to execute and file an application on behalf of the City of 1Vest Memphis to the United States of America for a loan and grant to aid in financing the con- struction of extensions to the Nest Memphis Sewer System. SECTIQN 2. that aVm. H. Hundhausen, Pdayor, be-and he hereby is authorized snd direoted to furnish such information as the United S,~ates of America, thron~h the Federal Emergency Administration of Public Works may reasonably request in connection with the application which is herein authorized to be filed. Wm. H. Hundhausen MAYOR ATTEST: J. O. Sootts City Recorder Pda~ror Hundhausen presented a letter from Geo. T, Kendall with reference to payment of X200 for sewer easement across Block No, 96 in the Geo. T, Kendall Sub-division, relative to this matter and in reply thereto the following re- solution was introduced by 0. I. Bollinger:nd with proper seoond was unanimously adopted. Y ~~ RESOLUTION i WHEREAS Mayor W. H. Hundhausen is in receipt of a certain letter from Geo. 'T. Kendall, with reference to payment of •200 for easement for sewer line across Block No. 96, Kendall sub-division to the town of 1Vest Memphis and WHEREAS the City of West ir_ the constructing of its present sewer system has not been called upon to pay for any easements of any nature whatsoever, and '!'JFGREAS it being the desire of the Mayor and Board of Aldermen to make one and final disposition of the above matter, now TI_rERE'FORE BE IT RESOL'~TED that the City Council of the City of West Memphis go on record as declining payment of any sum or sums whatsoever in payment of ''^'.~ salver easements. Wm. H. Hundhausen 1hIAY OR Ai~S'P;J. 0. Spotts ~~,. City Recorder Pdotion was made by R, D, Eberdt and seconded by Noah Ph911ips that the City .authorize the Mayor to negotiate the purchase of a dump truck for City use. It was unanimously adopted. ` ~' ss'.Motion was made by R. C. Breece and was duly seconded, and unanimously adopted to pay City Marshall C. C, Culp, a monthly salary of x°125, beginning with September 1938. ~„ .._ ". . .. Motion ws.s made by R. D. Eberdt and wes proporly seconded by F. E. Der_son, and unaniriously adopted that the City Council pay City Treasurer, J. E. Wise, a monthly salary of ."~25, for his services as said City Treasurer, beginning with September, 1938. There being no further business to come before the Council, and upon motion with proper second, the meeting tivas adjourned. Wm. H. Hundhausen h'AY OR ATTEST: J. 0. Spotts `" City Recorder ~~ i ASINUTES Pursuant to call of the Mayor, the City Council of the City of West Memphis Arkansas, met in a special session in the City En inset s O~fice, Banl€ of West Memphis Building, at 2 o~clock P.~., on Thursday, gg~®~~8~ 22~ 1938, with all members present as follows; Wm~ g~ gundhausen, Mayor; J. 0. Spotts, City Re- corder; R.C. Breece, 0. I. Bollinger, Noah Phillips, F. E. Den- son, R. D. Eberdt, and I. L. Owens, Aldermen. The following proceedings were had to wit: The following, Ordinance was introduced by Alderman 0. I. Bollin- ger, and read the first time. ORDI NCE NO 74 ~ AN ORDINANCE PROVIDING FOR THE ISSUANCE OF B02JDS TO BE USED FOR THE PURCHASE OF A SITE AND CONSTRUCTION OF A GO?:4BINATION CITY $ALL AND FIRE STATION, AND EQUIPPdENT OF SUCH CITY HALL, FOR THE CONSTRUCTION AND IMPROVEN~NT OF STREET'S, AND FOR THE CONSTRUCTION OF STORM SEWERS AND DRAINAGE SYSTEM IN CONNECTION WITH SUCH STREETS. • I WH}~.REAS, on the lst day of August, 1938, this Council passed an ordinance for an election to decide whether bonds for the above purposes should be issued, and an election was held, but both were void because some of the bonds would mature within three years of the date of issue; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ~ OF THE CITY OF WEST MEMPHIS: SECTION L. An election is hereby called to be held at the ' usual polling places in the City of West Memphis, on the 25th day of October, 1938, for the purpose of determining whether the City of West Memphis shall issue 20,000 in negotiable bonds, bearing interest at the rate of four per cent per annum for the - purchase of a site for, and construction of a combination City Hall and building for the housing of the City~s Fire Fighting apparatus, and for 1-he equipment of the City Hall, and for- the purpose of determining whether. the City of West Memphis shall issue X30,000 in negotiable bonds, bearing interest at the rate 'of four per cent per annum for the construction of and improve- ment of streets within its corporate limits, ahd for, the con- , ~ atruction of storm sewers and drainage system in connection ~ '~ with such streets, said bonds to be payable as hereinafter set ~ , forth, and to be dated as near the date of sale thereof as praeti- J cable. p SECTION 2. Said election shall be conducted and the votes thereat convasaed and the result thereof declared under the law and in the manner now provided for municipal elections, and notice of said election shall be given by the Mayor by advertisement meekly for at least four (4) times in some newspaper published in the City of West Memphis, and having a bona fide circulation herein, the last publication to be not less. than ten days prior- to the date of said election. The ballots for said election shall be markeli, ' 18 "For Bond issue of X20,000 for the purchase of a site for, and construction of a combination City Hall and building for the housing. of the City~s Fire Fi~hting t appara us, and for the equipment of the City Hall.' "Against Bond issue of 20,000 for the purchase of a site for, and construction of a combination City Hall and building for the housing of the Cit;~T~s Fire Fi~t- t appara us, and for the equipment of the City Hall.' "For Bond issue of 30,000 for the construction and improvement of streets within its corporate limits, and for the construction of storm sewers and drainage _ system in connection with such streets." "Against Bond issue of X30,000 for the construction and improvement of streets within its corporate limits, and for the construction of storm sewers and drainage system in connection with such streets." At said election only qualified voters of the City of West Mem- ,-I phis will have the right to vote. The result of said election Cs7 ~ shall be proclaimed by the Mayor by publication in some news- ~'~ paper published in said City of West Memphis, and his proclama- ~ tion shall advise the citizens and property owners of said city ~ that the result as proclaimed will be conclusive unless attacked in the Courts within thirty (30) days after the date of such proclamation. SECTION 3. If the vote is favorable to both issues they will be combined in one issue, maturing as follows: ATUMBER OF BOND AtdOUNT ~ MATURITY 1 and 2 2000 Jan. 1, 1942 a and 4 2000 Jan. 1, 1943 5 and 6 2000 Jan. 1, 1944 ~ 7 and 8 2000 Jan. 1, 1945 9 and 10 2000 Jan. 1, 1946 11, 12, & 13 2500 Jan. 1, 1947 14, 15, & 16 2500 Jan. 1, 1948 I7, 18, & 19 2500 Jan. 1, 1949 20, 21, & 22 2500 Jan. 1, 1950 23, 24 ,. &''25 2500 Jan. 1, 1951 26, 27, & 28 3000. Jan. 1, 1952 .~ 29, 30, & 31 . 3000 Jan. 1, 1953 32, 33, & 34 3000 Jan. 1, 1954 35, 36, & 37 3000 Jan. 1, 1955 38, 39, & 40 3000 Jan. 1, 1956 41, 42, 43, Ec 44 3500 Jan. Y, 1957 45, 46, 47, & 48 3500 Jan. 1, 1958 -49, 50, 51, & 52 3500 Jan. 1, 1959 53 and 54. 2000 Jan. 1, 1960 If only one issue is approved the bonds will have the same matu- rities, though for less amounts. SECTION 4. It is ascertained .and hereby declared that by reason of the want of proper quarters in which to conduct the business of the City, its business is not properly conducted, and for want ~ ` of a proper place to house the fire fighting apparatus the same I I is being injured by the weather and connot be brought into action ~- as promptly as necessary, so that there is great danger from fires, and also that many of the streets of the City are in such condition that they are a peril to persons traveling upon them, and that by reason of the depression many persons are out of work and un- able to.procure proper food, clothing and shelter, so that their health is impaired, and these improvements will give them em- e ~b ' Y~ ~ tl S ,~ ' ~+~ '~ .~. ~ X + ~. v~ 1i~ , ~~ 9` t ~~ ~~~ ~ ~ ~P ~ ' ~ . , ~ S ' . ,, H ` ~ .0Y .&.. ..~Z ,.w .e.e~..w _ S. _..i..C ih ildYfi~.. (•: :r~ 4^ ~~ 5b, ployment and preserve their health, and for these and other reasons it is declared thaf: an emergency exists and that this ordinance shall take effect immediately upon its passage. Wm. H. Hundhausen 9-~ n->'r MAY R ATTEST: J. 0. Spotts City Recorder Motion was then made by Alderman R. C. Breece that the rules be suspended and the Ordinance read the second time. IIpon call. of the roll the vote on the above motion was as follows: Wm. H. Hundhausen aye I. L. Owens ale 0. I. Bollinger aye R. D. Ebdrdt aye Noah Phillips sye R. C. Breece aye F. E. Denson aye The ordinance was read the second time and Alderman Noah 3"h~:llips moved that the rules be suspended and the ordinance read the third time and placed on final passage. IIpon Ball of the roll the note on the above question was as follows : -. Wm. H. Hundhausen aye 0. I. Bollinger age Noah Phillips aye F.. E. Denson aye I. L. Owens aye R. D. Eberdt aye R. C. Breece aye The ordinance was then read the - third time and the question be- ing upon its adoption the roll was cal led and the vote was as follows: Wm. 'H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C. Breece aye F. E. Denson aye The emergency clause of the above Ordinance was then read by the City Recorder and upon call of the roll, with reference to its adoption, the vote result as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye ~ R. D. Eberdt aye Noah. Phillips sye R. C. Breece aye F. E. Denson aye Whereupon the Mayor decla red said ordinance and emergency clause adopted, the recorder was directed to spread same upon the re- cord of.Ordinances of said town, to have same published as re- quired by law and to number same, City Ordinance No. 74. The following ordinance was then introduced by dlderman 0. I. Bollinger, and read the first time. ' ORDINANCE N0. 75 '1 . .,..~..,,~-.~r, AN ORDINANCE FIXING THE TIME'"'"FDR 'THE FILING OF REFERENDUM PETI- TIONS PROVIDED FOR BY AR'T;NDPdENT N0. 7 TO THE CONSTITUTION OF THE STATE OF ARKANSAS, AND FOR REGULATING THE PROCEDURE THEREON BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. All referendum petitions under amendment No. 7 of the Constitution of the State of Arkansas must be filed with the City Recorder within thirty days after the passage of any ordinance or resolution. SECTION 2. Whenever any referendum petition is filed the City Council shall give notice by publication for one insertion of a time not less than five days after the publication of such notice at which the will hear all persons wro wish to be heard on the ~~estion whe~her such petition is signed by the requisite number petitioners. J I ~. zoo, e ~. 8 " At the time named the City Council shall meet and hear all who wish to be heard on th . e question, and its decision shall be final,. unless suit is brought in the chancer court f C y o ritten- don County within thirty days to review its action. SECTION 3. If the City Council finds that such petition is signed by the re ui it q s e number of petitioners, it shall order a special election to determine b a vot f y e o the qualified electors whether the ordinance shall stand or be revoked. The date for such election shall be not less than ten days after the order therefor has been made b the co il y unc , and said election shall be had and conducted as general municipal elections held in the City of West Mends.. SECTION 4. If any ordinance referred to the people is defeated at the polls the Cit Council h l , y s a l make note of such fact and shall expunge such ordinance from its files by erasing the same with red ink. SECTION 5. If any provision of this ordinance is held to be void, it shall not effect th ~ , e validity of the rem~indes,but-the remainder shill stand. c%W ~'~ ~ SECTION 6. This ordinance shall be in full farce and effect from and after its p d assage. d PASSED: September 22, 1938 APPROVED Wm. H. Hundhausen ATTEST: J. 0. SPCTTS IIAYO City Recorder ~' Upon motion by Alderman R. C. Breece.that the rules be suspended and the ordinance read the second time, the vote gas as follows: YJm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye l .Noah Phillips aye R. G. Breece eye F. E. Denson aye The ordinance was then read the second time and upon motion by Alderman Noah Phillips that the rules be suspended and the ordi- nance read the third time and placed on final passage. The roll was called and the voting as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye ,Noah Phillips age R. C. Breece aye F. E. Denson aye - The ordinance was then read the third time and the question be- ing upon its adoption, the roll was called and the result of voting was as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C. Breece aye F. E. Dena on aye Whereupon the lt4ayor declared said ordinance duly adopted, the recorder was directed to spread same upon the record of Ordinances __ of said City of Vtiest Memphis, to have same published as required by law and to number name ,.Ordinance i1o. 75. The following resolution was introduced by Alderman R. C. Breece, and read before the Council. RESOLUTION BE IT RESOLVED by the City Council. of the City of West Memphis, ise Arkansas, that the lav firm of Rose, Hemingway, Cantrell & Loughborough be and it is hereby employed to prepare the ne- cessary papers and act as advisory counsel in the proceedings for the proposed issue of 20,000 of bonds for the purchase of a site for, and construction of a combination City Hall and build- ing for the housing of the City~s Fire Fighting apparatus, and for the equipment of the City Hall, and for the proposed issue of 30,000 of bonds for the construction of and improvemeit of streets within its corporate limits, and for the construction of storm severs and drainage system in connection with such streets, and to give an opinion approving the validity of the bonds, for a fee of 425.00, said fee to be payable out of the proceeds of the said bonds and contingent on their sale. Wm. H. Hundhausen `"`% PtIAYOR ATTEST : J. 0. Spotta ::; City Recorder September 22, 1938 The question being upon the adoption of said resolution, the roll was called snd the voting as follows: ATTEST: J. 0. Spotts CITY RECORDER Wm. H. Hundhausen. aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C. Greece aye X F. E. Denson eye The City Council by unanimous vote authorized the Mayor to proceed with the cutting of a certain ditch draining that portion of the Compress sub-division terminating at the end of Oliver street on the western City Limits through certain outside pro- perties, into 10-Mile ~sayou. The cost of said project to be" not more than ~i~10.00 per 100 ft. and the lines to be staked off by the City Engineer. The City Couxir•il by unanimous vote, authorized the Mayor to ne- gotiate for the purchase of one ear each of sand and gravel, to be used in the construction of concrete culverts, and other con- crete work on City drainage. 1' There being no further business to come bef ore the Council, the meeting wars duly adjourned, by the Mayor. Wm. H. Hundhausen MAYOR J