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02/13/40-06/11/40 "~6INUTES" On Tuesday, February 13, 1940 the City Council of the City of Weat Memphis met at eight o'clock p.m. with the following members presents W. H.•Hundhausen, Mayor; R. C. Breeoe, 0. I. Bollinger, F. E. Denson, I. L. Owens, Aldermaa. This being a regular meeting of the City Council, the following prooeed- ings were had to wits There being no business of urgent nature, and in the absence of the ~ City Recorder it was moved that the meeting adjourn subject to oall of the Mayor. The meeting was, therefore, duly adjorned. W. H. Hundhausen yor ~,, Attests J. 0. Spotts r.r t:, )~ r~rr*********+k#**w~**~k*#***t***s+k**ttr******t*t**+t********+k**# ~ x '"^" ''^r' "MINUTES" On Monday, February 26, 1940; the City Council of the City of Weet Memphis met in the City Hall at one o'clock with the following members preseat: W. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; R. C. Breese, I. L. Owens, 0. I. Bollinger, F. E. Deason having accepted sad waved notiae of the meeting prior to the time same was had. This being a special call meeting, all members having had due notiae as required by law, the following proceedings were had to wit: Resolution was proposed by Alderman 0. I. Bollinger, who moved its adoption. RESOLUTION WHEREAS, by plat of the land of Compress Subdivision that is filed of record November 13, 1923; in plat book 1, page 12 of the reoords of Crittenden County, Arkansas, there was dedioated to the City of West Memphis an easement over, across and along the west end of the North 115 feet of lot 1, blook 18 of said Subdivision i'or the purpose of installing sanitary sewers, eleotric light lines and other publio utilities; and WHEREAS, the United States of America is desirous of acquiring the title to said lot for the purpose of oonstructing thereon a post office and is desirous of proouring the title to said lot and release of said easement, NOVP THEREFORE, BE IT RESOLVED, that the easement thus granted be, and the same is hereby abandoned, and the City. of West Memphis does hereby forever release and relinquish all of its right, title and. interest in and to said easement or the use of said land for any purpose whatsoever. PASSIDs February 26, 1940 yor ~ ~, ~t~'+t"~ 23~ Upon proper second to the motion, the roll was called for the adop- tion of said resolution, and all members present voted to the affirmative. The Mayor thereby said the resolution duly adopted. Their being no further business to come before the meeting same was adjourned. W. H. Hundhausen yor i Attest: J. 0. Spotty ec~ order *r****s*****+t***+r*********s*+k+******r*s***********»»~*******r MlITvrES On Tuesday, the l~lth day of march, 1940 the amity vouncil of the City of West Memphis, Arkansas met in a regular cession in the office of the ri Recorder at eight o~clock P, M. with the rollowing members present: W ti C~ Hundhausen, eeayor, J. 0. Spotts, --e corder, R C Breese, f~ E Efenson, 0 1 Bollinger, Ira Uwens, Aldermen, C C Culp, Mare. and C H Bouu, Engineer. ~ the ~ollowin roceedi ,~ ~ p ngs were had .owit: d The Cbuncil, by unanimous agreemeht, authorized the Mayor ~o proceed wii,h construction of a 396-footi extension of the present newer lice .;n Danner Avenue. Upon a.otion oy 0 I Bollinger and with proper oecund ;;y x C Breese, the ollowing Dills were p~esested for payaeni, duly approved, and Lhe recorder iustruc~ed to draw .arran~s in payment o~ same. W G Parker 37.80 Choctaw Culvert Co. 150.00 ~i Jas Moore 5.00 Modern Merc Co 15.89 'I S W Bell Tele Co 55.66 C 0 Williamson Co 1.63 U City Engineers 165.50 Otis Ball 29.00 W C Ellison 21.05 Modern Merc Co 6.19 Consolidated Gravel 364.16 Tayloe Yaper Co 6.30 Will Carter 2m.05 E B Crawford Co 10.76 Johnson Auto Co 99.73 Mfs. Blue Print Co 2.57 Crittenden County Tms 3.00 Western Uion 1.88 Bank of W Mfs 12.00 Ark Munic. League 4.50 Russell Trac Co 67.00 J, A Riggs " 93.96 'There being no ftirther business to come before the meeting, and upon proper notion and second, same was duly adjourned. . W. H. HUNDHAUSEt~, Mayor. Attest': J. 0. Spotts, Recorder. ' MINUTES On Tuesday, the 9th day of April, 1940 the City Council of the City of 1~eat Memphis met in regular cession in the Mayors Office in the City Hall Building at eight o'clock P. M. with the following present: _ W. H. Hundhausen, Mayor 0. I. Bollinger, Alderman, J. 0. Spotts, recorder, Homer Jones, " C. C, Culp, Marshal, R. C. Breese " C. H. Bond, Engineer F. E. Denson " I. L. Owens " Alderman Melvin Dacus and Attorney John M. Smith, being absent. It being determined that a quorum was present, the following proceedings ware had towit: %~~t Minutes oP meeting of Tuesday, April 9th, 1940 - Regular meeting. All the newly elected City Officials oP the said City oP West_Memphis which Bereapresent at the said meeting were properly worn in, the Oath oP Office prop- erly prescribed and attested thereto. A Financial statement of the affairs of the City for the period Jan. 1st, 1940 to March 31st, 1940 was presented to all members of the Council by the Recorder Por their inspection, examination and comments. The Mayor was unanimously instructed to investigate the possibility cd' securing a Liability Insurance Policy for protection of employees and others engaged in repaiing City Property, construction and other labors wherein a hazard might ex- ist, and to make report oP his findings at the next megular meeting o P said coun8il. The Following resolution was introduced by Ald erman R. C. Breese, who moved its adoption: RESOLUTION WHEREAS: That pursuant to Ordiance No.65 duly passed at a meeting of th e City Council on Jan. 11th, 1938 and recorded in Minute Book One, Page 163, any newly elected Council of the City of West Memphis, shall at the first regular meeting of said body, elect a City Engineer, and WHEREAS; This is the first regular meeting of a newly elected City Council, of and for the said City of West Memphis, , NUN TiiERE~ORE BE IT RESOLVED: That C. A. Bond, a Registered Engineer, be elected, empowered with the duties of said City Engineer, and instructed to proceed as such, ibr the duration of this body's term of office, which in words and effect is TWO YEAR5. Upon proper second to said motion, the roll was called and all members present voted in the affirmative. Motion was then made by Alderman 0. I. Bollinger, that the Recorder present all unpaid bills, which was promptly done. Motion was then made by Alderman I L Owens that the following bills ~e paid, and that the recorder be instructed to draw warrants in payment thereof. With proper .second to said motion, same was unanimously passed. Bills to•be paid as follows: Sewer System ~ 10.00 McCea Chev. Co 135.58 West MPs P & L Co 47.95 Modern Merc Co 5.10 Same 179.41 S W Bell Tele Co 28.31 Gene Hillencamp 25.00 CS C Toog & Co. 100.00 City Engineers 364.81 American Mash Bump Co 77.00 Cash-Payroll 17.75 Weat MPs. Nears 14.25 W S Cole, Agent-Freight 72.30 F & S Elec Co 26.00 Will ~Farter~Labor 21.05 Burroughs Add Mch Co. 36.01 W C Ellison-Labor 21.05 Riggs Trac Co 36.02 Memphis Blue Print Co. 2,33 Modern Merc Co 7.40 E B CravrPord & Co 200.00 Johnson Auta Co 207.33 There being no ilirther business t o come before the meeting, and upon motion with proper second, same was duly ea~ourned. W. H. HIII~IDHAUSPN, Mayor ATTEST: J. 0. SPOTPS, Recorder. Minutes of meeting of West Memphis City Council, West Memphis, Arkansas; 2 ~ y SPECIAL btEETING: FRIDAY, APRIL 19th, 1940: On Friday, the 19th day of April, 1940, the City Council of the City of West Memphis, Arkansas, pursuant to call of the Mayor, met in a special meeting of the-said body, in the Council Chamber of the City Aell in the City of West Memphis, Arkansas at 2:30 o~clock P. M. with the following members present: W. H. Hundhausen, Mayor, J. 0. Spotts, xecorder, F. E. Dm son R. C. Breece, I. L. Owens, Melvin Daws, 0. I. Bolliner and Homer Jones, A~- dermen: being all the members of said Caty Council. The following proceedings were had towit: The meeting was called to order by the Mayor, who made explanation of the ~~ purpose of the call of said specie]. meeting. Mr. R. C. Baumann was asked to speak to said body, and made a regime of the history of the Franchise granted by the City to the West Memphis Pv~r & Water Co. J. M. Smith, Attorney of Marion, Arkansas also explanied his presence at said meeting. Clarence Clifton, Attorney of Memphis Tenn. made comments relative to said Franchise and the lawsuit now pending is the Supreme Court in which the City of 'West Memphis and the West Memphis Power & Water Co. are involved. The following resolution wn.s offered by Alderman Homer Jones, who moved its ~ adoption: RESOLUTION Y~7 R~ d 1NHEREAS, on the 2Eth day of August, 1936,. the City of -West Memphis, ~ Arkansas, filed its complaint against the 'yes+. +~+emphis Power and Water Company, as the legal assignee of .'has. E. Sullenger, in the Chancery Court of Crittenden County, Arkansas, alleging its right to purchase the eleotrical properties of the West Memphis Power and Water Company in the city of 'Nest Memphis, Arkansas; and, WHEREAS, said cause was heard and finally determined in the Chancery Court of Crittenden County, Arkansas, on the jOth day of June 1939. and is now .pending in the Supreme Court of Arkansas, on appeal by the City of '~Yest Memphis; and, WHEREAS, the ~~est Memphis Power and ~~ater Company, desiring to settle and compromise said litigation before the fir_al determination of said cause in the Supreme court of Arkansas has addressed to the Mayor and to the members of the Council of the City of +~est Memphis the following offer of compromise and settle- . ment of said liti gation, to-wit: "West Memphis, Arkansas April , 191.0. To the Honorable $Bayor and the Members of the Council of the City of West Memphis, Arkansas Gentlemen: 1 At a recent meeting of the Board of Directors of the WestMemphis Power and Water Company, the matter of the present litigation now pending in the Supreme Court of Arkansas between the City of ti'~est Memphis and our Company was taken up and. fully discussed, and it was unanimously agreed that steps should be taken toward an amicable settlement of this litigation, and I was instructed by the Board of Directors of our company to submit to you the following proposal, to-wit: The West Memphis Power and Water Company porposea to you that if the City of ti'Pest of +'~est Memphis will cause the passage of an ordinance which we are sub- mitta~lg to you herewith, said ordinance being for the purpose of changing and modifying certain sections of Ordinance No. 8 granting the electric franchise under which we are operating in the City of 17est Memphis, and will dismiss the litiga- tion now pending in the Supreme Court of Arkansas, as aforesaid, our company will reimburse the City of West Memphis for its expense incurred in prosecuting said litigation in a sum not to exceed Fifty-five Hundred and No~100 ($5500.00) Dol- _ lars, and will reduoe the service charge now being made for fire hydrants from X3.25 per month to X2.00 per month, and the service charge for street lights for 1000 lumen lamps from $1.50 per month to X1.00 per month, and for 2500 lumen lamps from ~ per month to X1.50 per month. The above payment of X5500.00 will be made to you upon the passage of the ordinance above referrred to and the dismissal of the litigation now pending in the Supreme Court of Arkansas, and the reduction of service charges will begin as of May 1, 1940. We feel that there is a better feeling now existing between +„he city and our company than ever before, and on our part we would like to have the opportun- ity to continue serving the =ood citizens of ~~est Memphis andto still have a part in building a bigger and better Nest Memphis Respectfully submitted, WEST MEMPHIS POWER & W4TER COMPANY BY R. C. Bauman President" MdNOTE650F.MEETING OF WEST MEMPHIS CITY COUNCIL: WEST ~~LMPHIS, A_'IKANSA5 SPECIAL b~ETING, FRIDAY APRIL 19th, 191.0. and, WHEREAS, since the filing of said litigation by the city of West ?dmphis, as aforesaid, the West Memphis Power and Water Company, es the legal assignee of Chas. E. Sullenger, has improved its service to such an extent that it is now in a position to fully supply any industrial demands made upon it in the City of west Memphis, and the necessity of municipal ownership of said plant has ceased to exist. THEREFORE, BE IT RESOLVED by the Council of the City of West Memphis that the City of West Memphis, Arkansas, accept the proposal of the j'Yest Memphis Power and Water Company, as outlined, and hereinabove set out, and that the City of West Memphis immediately pass en Ordinance amending, modifying, chang- ing and repealing certain sections of Ordinance No. 8 of the Ordinances of the- City of West Memphis, Arkansas, as agreed upcn by the City of Y1est Memphis, Arkansas, and the ~~est Memphis Power and Water Company; and, BE IT RURTHER RESOLVED that after the passage of this Resolution and the Ordinance herein suggested and the payment to the City of Hest Memphis of the said sum of $5500.00, that the City of West Memphis immediately cause the litigation pending in the Supreme Court of Arkansas, on appeal by the City of West Memphis, to be dismissed, and that the City of West Memphis take no further steps to purchase the electrical properties of the West Memphis Power and Water Company under the decision of the Chancery Court of Crittenden County, Arkansas, rendered in said cease on June 30, 1939• After discussmon of the a~uove aes©~ntion, motion was ma de by Alderma 0. I. Bollinger, and with proper second by F. E. Deosnn to place said ~~~~ the oalenday to be brought up nge.in at the next regular meeting of said City Council on Tuesday, May 11.~th, 191x.0. Upon call of the role as to the vote upon adoption of said motion, the result was as follows: NAPES Ayfr,Sc R. C. Breece Melvin Dacus Homer Jones 0. I. Bollinger I. L. OwenB F. E. Denson The result of: said vote being a tie, the Mayor was asked to vote, and by his voting Aye, said vote carried the motion, and the Recorder was directed to table said resolution until above stated date. There being noftarther business to come before the council, and upon proper motion and seoond, same was adjourned. W. H. HUNDHAUSEN, MAYOR. ATTEST: J. 0. SPOTTS, Recorder. ~ >i'F ;~~, ~~ ~' I~ _j l._.i • ~ * ' .:: L: ... i i ..f MINUTES OP' REGULAR MEETING OF WEST ME~HIS CITY COUNCIL 24 HELD IN CITY HALL TfJESDAY MAY 14th, 1940: On Tuesday, the 14th day oP May, 1940, the City Council of the City of West Memphis met in regular session in the Council Chambers, Cd~ty Hall Building, at 8 o'cloc p.m. with the following members present: Wm. H. Hundhausen, Mayor: J. 0. Spotts, Recorder; F. E. Denson, 0. I, Bollinger and Melvin Dacus, Aldermen; and Aldermen R. C. Breece, I. L. Owens and Homer Tones being absent. Clarence Clifton, Attorney of Memphis, Tennessee, representing the City of West Memphis in litigation pending in the Arkansas Supreme Court was also present. T' ~~ The meeting was called to order by the Mayor and the following proceedings C were had, to-wit: _ At a special meeting of the said City Council held on April 19, 1940, a certain resolution' was introduced by Alderman Homer Jones who moved its adoption, said resolution being recorded in Minute Book ^1."., page 299 of the records of the City of West Memphis. At said meeting motion was made and properly seconded that said resolution be tabled to be brought up at the next regular meeting. Mayor Hundhausen asked fora vote oP the Council with reference to said resolution and the result oP said vote upon call of the roll by the Recorder was as follows: Ayes: Nays: rl None 0. I. Bollinger F. E. Denson ~ Melvin Dacus Q Mayor Hundhausen then asked that his name be called in order that his vote might ~ be recorded and this vote beittg "nay", the resolution was thereby declared defeated by the Mayor. Mayor Hundhausen asked for a reading of the minutes of the last regular meeting which was held on April 9, 1940, which were read by the Recorder and Approved by the Council. Mayor Hundhausen then asked for a reading of the minutes of a special meeting which was held on April 19, 1940, which were read by the Recorder and approved by the Council. The Following resolution was introduced by Mayor Wm. H. Hundhausen who moved •~ its adoption; Gu~..~~ a, ..uro~.o,.•,~c.,,,~. Q~u-~c.(, /hclv~.-~ ,Cla,~,.v~ = • a~ WHEREAS, the City Council of the City of West Memphis, Arkansas, has done all the things. necessary in order to obtain for the City the electric transmission system of the West Memphis Power & Water Company to operate as a municipal property; and, WfIEEtEAS, the said power company has failed and refused to cooperate with the City of Wast Memphis in accordance with the contract in the Franchise under which it is operatillr~; and WHEREAS, it would appear that the presents rates for electricity for light, heat and power are unreasonablt~ high, and, WHEREAS, the City has a right to require Prom said power company for the purpose oP examination and investigation all books, records and other information as to any matter pertinent to its business or organization, and to require such utility frori time to time to furnish a verified, itemized and detailed inventory and valuation of any or all of its property in the City of West Memphis; THEREFORE, BE IT RESOLVID AND ORDERED By the City Council of the City of West Memphis, Arkansas:- SECTION 1~ That Joe Bond, a certified public accountant of Little Rock, Arkansas, is hereby employed to check the records of the'West.Memphis Power & Water Company for the purpose of examining and determining the revenue and expense of said company in order to determine whether the citizens of West Memphis are - paying a fair and just rate for the electric current they are receiving from said company. SECTION 2. That the West Memphis Power & Water Company shall produce at the City Hall at the City of West Memphis, in the office of the Mayor, or shall make available to Joe Bond, certified public accountant employed by the City of West Memphis for the purpose of examination and investigation of the books, records and other information as to any matters pertaining to its business or organization which the said Joe Bond shall need or renuest in the examination of the books and records of said comp<~ny in the furtherance of the matters contained in this resolution and order, and that said West Memphis Power & Water Company shall furnish for the consideration of the said Joe Bond, ari'egent of the City of MIN[TTES OF REGULAR MEETING OF WEST MEMPHIS CITY COUNCIL HELD IN CITY HALL T[7ESDAY MAY 14th, 1940: West Memphis, Arkansas, any verified, itemized or detailed inventory sad value- - tion of any or all of its property that may be requested by the said Joe Bond in the furtherance of his employment g~ this City and with reference to which information the City Council .should property have knowledge in order to .en~bie i,, enable it to perform its duties. SECTION 3. It is certain and declared that the present electric service is ~ endangered by the controversy now.eaisting between the City oP West Memphis and the West Memphis Power & Water Ccaapany. Therefore, it is declared that an err. emergency exists, that this resolution is necessary for the immediate preservation -~ of the publis peace, health and safety, and that this resolution shall take effect and be in force Prom and after its passage. 79~Q.r,.;,l Mayor Hundhausen then explained the importance oP said resolution to the Alder- men and requested that same be passed and the Recorder was instructed to call fora vote. IIpon call of the roll relative to the adoptio~l.of said resolution, the vote was as Follows: Ayes: Nays: ~ ` 0. I. Bollinger None F. E. Denson Melvin Dacus Mayor Wm. H. Hundhausen ' The Mayor then declared said resolution adopted and the Recorder was instructed to spread same upon the recoris of the City of West Memphis. The following resolution was introduced by Alderma ~ 0. I. Bollinger who moved its adophion: ~-.c. ~s.a"~a 1, ~~ .fie-~e.~.,~._,,( `~ ~_ ,J ~ WHEREAS, the City Council of the City of West Memphis, Crittend n County, ~ Arkansas, has taken all the steps necessary and possible up to date in order to purchase the electric transmission system now being used to serve the City of West Memphis by having appraisals made of said property in compliance with the franchise agreement between said City oP West Memphis and the present owner, West Memphis Power & Water Company; and WHEREAS, the question of the price of the property to be taken over I~ {' by the City is now pending before the Supreme Court of Arkansas Por III~J1ll determination; and - WH~FO~, the City of West Memphis desires to own and operate said electric transmission system as a municipal property and to that end must be prepared to finance the purchase of said property after the prboe has been determined; NOW, THER!tFORE, BE IT RFSOLVID By the City Council of the City of West Memphis, that is is urgent sod necessary that the City of West Memphis prepare now to finance the purchase of said electric transmission system after the price of the same has been determined by court decision, and that the money must be available within a very short time after the Supreme Court decision has been rendered and, therefore, an emergency exists and the City Council deems it to be for the best interest of the City that a contract be made now for securing the necessary money to pay for the plant to be seep-ir~d; -.-_..._. _.._. _._.__...._ AND BE IT FURTHER RESULVID That the Mayor or City Clerk or Recorder of the City of West Memphis, Arkansas, be and they are hereby authorized and directed to sign an agreement with Cherry, Villareal & Company, of Little Rock, Arkansas, for the foF_r the f~nens~n~ of the___purehasi_n~ of the above described proper~~which a agreement shall be in words and figures as follows: ,I Honorable W. H. Hundhausen, Mayor, '. City of West Memphis, , West Memphis, Ark. Re: West Memphis Electric Light-Plant ~~ Dear Sir: We agree to purchase at par 4~ certificates of indebtedness with the ~ right of conversion to a lower rate of interest in the amount necessary Por the city to acquire and operate the electric properties of the West Memphis Power and Light Co. We agree to pay for the Atborney~s fees Por approving the issue, the printing of the certificates, the trustee ~!ees and all eapensea of Joe Bond, r~ n ~. fi+__ v MINUTES OF REGUT.LR HEFTING OF WEST MPHPHIS CITY COUNCIL HELD IN CITY HALL. TUESDAY MAY 14th, 1940: Certified Public Accountant of Little Rock for the purpose of examining the revenue and expenses of the West Memphis Power and Water Co. in order to determine whether the citizens of West Memphis, Ark. are paying a Pair and just rate for their electric current. The certificates of .indebtedness are to be secured by mortgage upon the property and payable solely from the revenue Prom the plant. The certificates are callable in reverse. numerical order at par and interest on any maturity date on thirty days notice after five years from the date of these certificates . ~ The city agrees do all the things necessary to comply with the Supreme Court ~~Clecision by passing the ordinances re ui d b th . q re y e approving attorney. We agree to do all the things necessary in order to have the certificates of indebtedness and papers. prepared in order to close the transaction after the ~? Supreme Court's decision in order that the city can take over the property immediately. We will pay for the certificates of indebtedness at~the Union National Bank of Little Rock, Ark. upon receipt of approving opinion of Hon. Wallace '-"~ C~ Townsend, Little Rock, Ark. ~ d Yours very truly, ~ _ CHERRY, VILLAF2EAL & CO. By Walter Stovall ACCEPTID: We agree to mature the Bond's from 5 to 20 years's or longer if Y CITY OF WEST MEMPHIS, ARK. Revenue Requires - ,=e Wm. H. Hundhausen The maturities to be determined I Mayor by the City Council. J. 0. Spotts Cherry - Villareal & Co. City Clerk By Walter Stovall Dated 5 - 14 1940 Attested as to signature to Proposal and footnote agreement. J. 0. Spotts, Clerk - Mayor Hundhausen then explained to the Board of Alderment the importance ~" of the passage of this resolution at this time and requested that a vote by , taken relative to its adoption and instructed the Recorder to Call the roll. ~ Upon call of the roll relative to the adoption of said resolution, the vote wee 8a fOl1fAY3: Ayes: Nays: 0. I. Bollinger None F. E. Denson Melvin Dacus Mayor Wm. H. Hundhausen The Mayor then declared said resolution adopted and the Recorder was instructed to spaced same upon the records of the City of West Memphis. Mayor Hundhausen presented to the Council the matter of the time changes in the City of West Memphis. It being in the opinion of the $oard of Aldermen that such change would be detrimental to the carrying on of business and other matters, same was not considered. Mayor Hundhausen was instructed by the Council to appoint a ®ommittee to investigate the cost of cleaning out Ten-Mile Bayou and to confer with County Health Officer, Dr. Stevenson in this regard. Mayor Hundhausen discussed the matter of the jailer's salary with the Council and it was unanimously agreed that the salary of the city jailer be increased from $50.00 er month to 65.00 p $ per month retroaCttpe to May 1, 1940. ~" ; The Recorder presented monthly bills for payment and upon motion by y d Alderman 0. I. Bollinger with proper second by Alderman F. E. Denson, it was ~,~>x ~ - .'A .W MINUTES OF REGULAR MEETING OF WEST MEMPHIS CITY COUNCIL HELD IN CITY HALL TUESDAY MAY 14th, 1940: unanimously agreed to pay said bills and the Recorder was thereby instructed to draw warrants in payment thereof. Bi11s to be paid are as follows: Charlene Sigman $ 7.00 J. H. White 8.00 W. C. Ellison 2105 Will Caster 2J05 W. Dickey, & Rich Lbr. Co. 708.20 Barton & Son 50.00 Bragg & Company 7.59 N. 0. Nelson Company 5.25 McCaa Chevrolet Co. 32.48 Crittenden County Times 10.00 American-La France Company 51.73 Newspaper Guild 25.00 Duo Ladder Co. 56.00 Southwestern Bell Tel. Co. 57.01 Dr. Hamilton 6.50 Modern Mercantile Co. 4.50 a +_ McCarter Chev. Co. 3.79 B. F. Goodrich Rubber Co. 100.00 McCae Chevrolet Co. 63.71 J. A. Riggs Tractor Co. 5.80 Modern Mercantile Co. 8.66 Johnson Auto Co. 154.95 Lewis Supply Co. 5.85 West Memphis News 7.25 Choctaw Culvert Co. 96.95 W. G. Cole Agent 59.04 w. G. Cole Agent 30.76 There being no further business to come before the meeting,=same was adjourned. Mayor EST =~x ec order I ~~ CERTIFICATE I, J. 0. Spotts, the duly elected, qualified and acting Recorder for the City of West Memphis, do hereby certify that the attached and foregoing t~~-pewri'a typewritten pages constitute a true copy of the minutes of the regular meeting of the City Oouneil of the City of West Memphis, Arkansas, held on the 14th day of May, 1940, as same appear of record in Minute Book 1, page 241 of the records of the City of West Memphis. IN TESTI~HONY WHEREOF, I have hereunto set my hand and affixed the seal of the City of West Memiphis on this the 23rd day of May, 1940. i MINUTES OF MEETING OF CITY COUNCIL, CITY OF WEST MEMPHIS, ARKANSAS REGULAR MEETING, TUESDAY,. JUNE .11th, 191.;0: On Tuesday, the 11th day of June, 19L40 the City Council of and for the City of Rest Memphis, Arlmnsea met in their regular monthly Council Meeting at Eight O'clock P. M. in the City Hall Building with the following members present: W. H. Hundhauaen, Mayor, J. 0. 3patts, Recorder, F. E. Denson, 0. I. Hollinger and Melvin Dacus, Aldermen, C. H. Bond, City Engineer, Hugh Ingliss, Asat. City En- gineer, and Clarence Clifton, Attorney of Memphis, Tenn. was also present. Upon call of the roll, the Mayor thereby declared a quorum present, and the following proceedings were had towit: The Mayor asked for reading of the minutes of ]ast council meeting, and said minutes were read. Alderman Dacus stated that he had seconded the motion for adop- tion of resolution read at last meeting, wherein Joe Hond, Certified Public Account- ant of L}ttle Rock, Ark. be employed to check the Records of the West Memphis Power & Water Co. and he also stated that he had seconded the motion for adoption of res- olution read at last meeting wherein the Mayor and Recorder were authorized to enter into contract with Cherry Vikl~real & Co. of L;ttle Rock, Arkansas to Finance 'r°~ the proposed purahase of Power and Light Utilities, and he moved that the minuted ~ show such second to each resolution b~ interlineation and with this change that the ~ minutes be approved as read. Said motion was duly seconded by 0. I. Bollinger and Q upon call of the roll relative to said motion, the 9ote was as follows: Q' AYES NAYES Melvin Dacus NINE O I Bollinger F EDenson W H Huadhauaen The Nayor thereby de3lared said motion duly adopted and the recorder was instructed to ma}ae the above and aforesaid interlineation. The following resolution was offered by Alderman 0 I Bollinger who moved it's adoption: Said motion was duly seconded by Melvin Dacus. RESOLIITION WfiSREAS, s suit has been brought in the Chancery Court of Crittenden County, r'.rk.^.z Arkansas, against the city of Weat Memphis, and against the f ollowing persons in their official capacities as officials of the City of West Memphiss William H. Hundhauaen, as Mayor; J. 0. Spotts, as Recorder; F. E. Denson, 0. I. Bollinger, I. L. Owens, Melvin Daova, Homer Jones and R. C. Breese, as Aldermen, seeking to enjoin the City of West Memphis and the City Council and the official members bhereof from carrying out their lawful duties as such city officials and from complying with lawful contracts made and approved by said City Council and also seeking to enjoin the City of West Memphis and the said City Council from purchasing and attem~img to purchase the electrical transmission system of the Weat Memphis Parer Rc Water Company, the right to purchase wLthh hen been sustained by the Supreme Court of Arkansas: and, WHEREAS, it is proper and necessary that counselbe employed to represent the City of West Memphis and the City Counoil and the members thereof in their official capacity, NOW THEREFORE, be it resolved that Ceylon B. Frazer and Clarence E. Clifton, attorneys, composing the firm of Frazer & Clifton, with suoh associate counsel, if any, as they shall select, are hereby employed to represent the City of West Memphis Arkansas, and the•City Council thereof in the suit of J. C. McCsa, et al, vs. City of West Memphis, et sl, No.571~7 now pending in the Chancery Court of Crittenden County, Arkansas, with full authorityto take such action, either by defensive or affirmative pleading as they or either of them may deem proper in order to fully protect the rights and interest of the City of West Memphis and tits City Council of said City. Upon call of the roll relative to adoption of said resolution, the roll was oalled and the vote was as follows: AYES F. E. DENSON 0. I. BOLLINGER MELVIN DACUS W. H. BUNDHAUSEN NAYES NONE 24~ MINUTES 4F MEE~TNG_4F CI~1"_CO.UNCTL, ]!PEST D~HIS,.ARKANSAS ~2NGiJT,AB_MNET2N'G,_ 1`tI~SbAY, -JiTNE 11th, 191;0 ; Thereby the Mayor declared said resolution duly adopted, and the recorder xas directed to spread same upon the r ecorda of the City of West Memphis. The following r esolution xas offered by Alderman 0. I. Bellinger, who moved its adoption: Said motion xas duly seconded by Alderman Melvin Dacus. RESOLUTION WHEREAS, The Crittenden County Library has been located in West Memphis for $:e past fax years: and, - WHEREAS, Said library has not been appported by the other communities in. the County ea it should be and has practically been left the sponsorship of the library to West Memphis; and, 1~REAS, The County L}brary Executive Committee have conferred with the. other communities of the county with viex of relinquishing xhatever right they might claim on the liabrary with viex of thrmnng the liabrary over to. the City of Weat Memphis officially nox: therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS that they do take over end sponsor said liabrary, and that it be called the Weat Memphis Liabrary and that they Mayor be authorized to appoint a board of control comprised of three members xho xiol have full authority to expend xhatever funds may be given or granted to said library for the purchase of books, gquipment, etc. Said board to be appointed for a period of one year, and be subject to removal at will and pleasure of the Mayor and City Council. BE IT FURTHER RESOLVED that said board shall be ahthorized and directed to draw up a constitution and by-laws to govern the operation of the library. Upon call of the roll relative to the adoption of said resolution, the roll! xas called and the vote xas as follows: AYES NAYES F. E. DENSON NONE 0. I. BOLLINGER MELVIN ~DACUS ~. W. H. HUNDHAUSEN u~,..p,1, Whereby, the Mayor declared said reso.mution duly adopted,~the recorder was directed to spread same upon the records of the City of West Memphis. and in response to said resolution and ahthority decreed therein, the Mayor appointed the following members of the Hoard of Control of the West Memphis Library: HUGH INGLISS MRS. KENT JACKSON , MRS. L. P. BERNHARD It was unanimously agreed by the Council to purchase window blinds for the offices leased to the U. S. Engineers, and the City Engineer directed to make such purchase. It xas unanimously agreed by the Council that the Regorder straw warrant in the amount of $10.00 from the City General fund to make payment of balance due on costs of City Float 3n the Childrens Day Parade in .the City of Memphis Tsnn. It xas unanimously agreed by the Council that a motion made at a Special Meeting of said City Council held on April 28th, 1936, and recorded on page 112 oP the Records oP Minutes of said City, herein it xas agreed by the said City Council to pay to the City Attorney a monthly salary oP X25.00, be cancelled, and ~ set aside, insofar sa any Further salary or compensation claims due the City Attorney; are concerned. The recorder is hereby instructed to discontinue the issuance of 1 anyr City Warrants as such, and that salary Par the months of April and May, 1940 --~ which are nox due to Doyne Dodd be applied an Sewer Rental and Privilege License due to the said City of Went M~nphis by said Doyne Dodd. Motion to the above effect xas made by Alerman F. E. Dan son and Seconded by Melvin Dacus, and the vote xas as Follows: AYES Sys F E DENSON None 0 I BOLLINGER MELVIN DACUS W H HUNDE3AUSEN Whereby the Mayes declared said motion duly carried. ~,.... MINUTES OF MEETING OF CITY COONCIL, CITY OF WEST ME6QPHIS ARKANSAS `~,L~; REGULAR MEETING, TUESDAY, JUNE 11th, 1940: The Mayor was instructed by the Council to proceed with necessary means torenBorce collection of City Road Taa as authorized in City Ordinance No.58 ' duly passed on Sept. 21st, 1937 and recorded on page 153 of the Miantes of D acus and the City of Weat Memphis. Said motion was made by Alerman Melvin duly aecon~dd by F. E. Denson. The- follo~vi.ng bills-for'•'payme~;ir~re than produced~~by~:the Recorder, anti approved `bT th~e,'mdmbeTS: C E Bond, Engineer ~ 357.01 3trstton-4arren Hdw Co.S 21.60 'N H Hundhausen, Mayor 400,!30 Um3on PTatianal~eank 118.54 a • ;$-teunps -Sewer Dept 10.00 B B Crawford & Co. b0.00 r, .Riggq Ta'aator Co 15.33 Recreation Dept. 10.00 ~1' R Caatex 21.05 Sever Systea-Dodd 27.00 MaCaa Char Co. 3•j? " " -3auavuui 18.00 W C Ellison 21.05 Lu~aaie ,^.ard 30.00 Johnson Auto Co. 129.29 Wallin Dicl~ey & Rich 85.ci4 did-South Oil Co. 2.76 Sane 3.47 lNest Mfs Luaber Co. 32.48 Same 43.28 Standard Oil Co 2.50 A R Tayylor Co. 2.80 Bragg Service Co. 1.05 Union ~.anters Natl. Bank S C Toof & Co. 100.00 Inat on Bonds due 7/1,/401002.50 ~--t ~ MoCarter~s Dairy 6.01 p~ Tri-.State Floral Co. 24.00 ~ West h4fs Nears 6.00 d M3ti,on~.was aade by aldermaa Bollinger, and with proper second, the recorder wlrs authorized to draw warrants and the treasurer authorized to pay same to the amount of such items as above stated. All members present voted in the affirmative. There being no further business, and upon proper motion and second, the meet- ing was adjourned. Mayor ATTEST Recorder