07/09/40 - 12/02/40''
/~~ MIPN1'ES OF MEETING OF CITY COUNCII
eF 9i'E~f OF SST MEMPHIS
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TUESIIAY JULY 9th, 1940;
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On Tuesday, the 9th day of July, 1940 the City Council of the City of West
Memphis, A r>~~as mat in regular session at eight otcl onk P. M. in the
Council Chamber, City Hell Uliilding, with the following Liem~iers, present:
Wayor W. H. Hundhausen, J 0 Spotts, Recorder, F E Denson, 0 I Bollinger,
Melvin Dacus Aldermen, and Doyne Dodd, City Attorney and C H B d, Engineer.
Upon call of the roll, the lviayor.deolared aquorum present, and the following
proceedings were had towit:
City Engineer Pond putlined a proposed street improva:nent proj9ct ~'or oonsider-
ation of the Council, and after disoussion, it was agreed by the members present
to proceed with said street improvements as follows;
Gravel Bond Street from Pliodas to Avalon
,
" Oliver " " Ehoden to Avalon,
" Barton " " Rhodes to Avalon,
" Rhodes " " I?i~hway ~;~70 to Dliver,
" Hance " " Hightmy ----,~~-Sl to Frisco )~e.ilway,
Finish gravelling Pine Street,
Gravel 9th Street from Edison to Jackson
,
" Jackson Street from 8th Street to 9th Street,
" Woods from Pope to Harrison,
" First Street from Bope to Harrison,
" Harrison from 2nd to i+oods Street,
"
Redding frorcn Danner to iIighway ~70~
" Redding f rcrm Roosvelt to~ Barton, `
'
~ ~~
It was uiutnimously agreed by the Council to pay Jimmy &ioore, employed by the ,,..:,'
L'ayor to collect street taxes, the sum of 20f of the amounts of cash collected
by the said Jimr~* Moore, payable each four weeL-s, beginning. July 13th 1940.
It teas ueanimously agreed by the Council to ra-instate the salary of the City
Attorna3~, Doyne Dodd, X25.00 per month, rotroaetive to the first of July 1940.
There being no further business to came before the Council, same was adjourned
tc meet again at the same hour and place on Tuesday, the 28x'd day of July, 1940
by order of the 2iayor.
V;. H. HUl~USEN, liayor;
ATTESTS
J 0 SFOTTS, RLCOFiDnR.
MINUTES
Parouaitt to last adjournment, the City Counoil of the City of West i~emphis
met in the Council Chambers, City Ha11 Building at eight o'oloak P. M. on
Tuesday the 23rd day of July, 1940 with the following members present:
W H Hundhausen, ~"ayor, J 0 Spotts, Reoorder, F E Denson, 0 I Bollinger, and
Melvin Dacus, Alderman. The following proceedings were heal towit:
Mayor Hundhausan, presiding advised the Council that no matters of.i*upvntance
need attention at this. tune, and asked that the council be adjourned, to meet
again at the same hour'•and place on Tuesday the 30th day of July, 194Q, which
upon prroper motion and -second, was duly ordered by the oouncil.
There being no further business, and upon proper motion and second, the council
adjourned until 8 P. i~. July 30th.
W. H. HUPIDHAUSEP,, Mayor,
ATTEST: J 0 Spotts, Reoorder.
On Tuesday the 10th day of September, 1940 the City Council oP the City
of Wast Memphis met ~t~regular session in the Council C~iamber, City Hall Building
at 8:00 P. M. with the`Pollowing members preaeirt:
W. H. Hundhausen, Mayor
J. 0. Spotts, Recorder
Doyne Dodd, City Attorney
C. H. Bond, Engineer
k H. Inglias, Assistant Engineer
F. E. Denson, Alderman
0. I. Bollinger, Alderman
Melvin Dacus, Alderman
Mayor Hundhausen declared a quorum present and the following proceedings
were had, to~rit:
Alderman, 0. I. Bollinger intnoduoed the following Ordinance and moved
r-I its adoption, Alderman Dacus seconded this motion.
,,;.~,,.
'~`~ ORDI$ANCE N0. 82 °~~ ~'
~ _...
~ AN CiiDIlY~NCE PROVIDING FQ2 THE MANNER OF MAKING LIGHT AND WATER CONNECTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CZTY OF WEST MEMPffiS, ARKANSAS, IN
REGULAR SESSION ASSEMBLED:
SECTION 1. That before the West Memphis Power-and Water Company, or s2~r other
power or light company within thecorporate limits of Weat Memphis shall make
connection with any building of eay nature or description, whether business or
residential, said company shall first obtain a permit from the City Engineer that
the electrical wiring of said building has been inspected and approved by the City
i Engineer.
"'~f SECTION 2. That before the West Memphis Power and Water Company, or a other
ny
oompax~y shall make a water connection to a'ay building whether buaiaess or rear
dentiel, of ax:y. other type whatsoever, said oompatry shall first obtain a permit from
the city engineer that said plumbing has been inepeoted and approved by said City
Engineer.
SECTION 3. That if arq. paver or water company, including the West Memphis Power
and water company, shall make either of the above electrical or water aonneotiane,
' without first having obtained a permit from the City Engineer, said company shall
,.
', :'be sub~eot toe penalty of X50.00 dollars for failure to comply with this ordinance.
,~
;' i~. SECTION 4. Any individual, business, firm, or oorparation making a p¢°ivate light
or water connection of any nature not included in the above sections or without
` ~.~firat having obtained permits from the City L}~gineer, shall be sub~eet to a fine of
~25.Q0 Dollar a, for failure to comply with the terms of this ordinance.
SECTION 5. All ordinances and/or parts of nrdinancea in conflict herewith are
hereby specifically repealed.
SECTION 6. Whereas, failure to comply with this ntldinanoe will probably result
in faulty electrical wiring and plumbing in buildings within-the corporate
limits of the City of West Memphis, which might result in fires, electrical shocks ";
to individuals, or property damage, it is therefore necessary to the peace, health, °
and safety of the citizens of West bSemphis that this ordinance be, and it hereby
l is declared to be in full force and effect from and after itts passage and publication
as required by law.
Motion was made by Adlerman F. E. Denson that the rules be suspended and
the Ordinance read the second time. This Motion was seconded byTAdlerman, Dacus
and the Ordinance was thereby read the second time.
Motion was made by Melvin Deaue that the rules be suspended,. the or dinanae `~
read the third time and placed on final passage. This motion was seconded by
0. Ii Bollinger and the Ordinance was thereby read the third time and the question
being upon it's adoption the roll was called and the result of the vote is as follass:
u;
„~ ~'~~'~
AYES NAYES
F. E. Denson NOS
0. I. Bollinger
Melvin Dacus
W. H. Hundhausen.
NAYES
The said ordinance was thereby deolared adopted, including the emergenoy
olause the Recorder was instructed to spread same upon the reoord of the Ordinances
oP the City of Weat Memphis, to have same published as required by Law and to
number said Ordinance Number 82. j
The following resolution was inbroduoed by Alderman 0. I. Bollinger who
moved it's adoption.
BHSOLUTION
Whereas, J. C. McCaa and Jack W. Rich far the use and benefit of themselves
cad ell the tax payers, residents, citizens, and qualified eleotors of the City of
West Memphis, Arkansas, have filed suit in-the Chancery Court of Crittenden Coux:ty,
Arkansan, against the City of West Memphis, and the Mayor and Recorder of said
City cad the City Council thereof, and
Whereas, it is alleged in said law suit the said City and City Council do not
have the right to puroheae and acquire the transmission system of the We at Memphis
Power and 4Yater Company which right has been expressly decreed by the Supreme Court
of Arkansas, and
1Yhereea, the City Counoil and the City of Weat Memphis by William H. Hund-
hauaen, Mayer, and Aldermen 0. I. Bollinger, F. E. Denson, and Melvin Dacus have
retained Frazer and Clifton, Attorneys, to represent the City Counoil and the City
of West Memphis and to take what other action as is necessary to protect their
respective interests, and
Vlhereas, it is to the best interests of the City of West Memphis thettthe
afore said suit be defended and proper defanae be made, and it is also-proper that
the City of West Memphis should pay suoh attorneys fees as may be inourredloy
reason of defanae of said suit;
Now, therefore, be it resolved by the City Counoil of the City of West
Memphis, in regular monthly meeting on this 10th day of September, 1940, ths.t
the employment of Fraser and Clifton, Attorneys, is hereby mat3e, ratified, and
confirmed
Be it fort her resolved that Frazer and Clifton, attorneys, be and they are
hereby employgd f~.the,purpo6e of, and authorised and directed to institute suit
against the West Memphis Power and Water Company and all other persona as they
may deem necessary as parties, for the purpose of causing the West Memphis Pourer
and Water Company to render and to account to the City•-o$ Weat Memphis for the
revenues received by said West Memphis Power and Water Compaz~* from the operation
of its electrical properties since August 28, 1936, or such part of suoh revenues
as are recoverable by the City;
Be it further resolved that the said City of Weat Memphis, William H. Hund-
hauaen, as Mayor, J, 0. Spotta, as Recorder, end the Board of Aldermen as such
do hereby employ Frazer and Clifton, attorneys, to defend the suit filed in the
United States Court for the Eastern District of Arkansas, Jonesboro Division on
the 10th day of September, 1940, and sled Southeast Power and Light Compar{y
against the City of West Memphis, et el.
Alderman Melvin Dacus seconded the motion relative to the adoption of
said resolution and upon cell of the roll the votes with reference to adoption
was as follows:
AYES
F. E. DENSON
0. I. BOLLINGER
MELVIN DACUS
W. H. HDNDHAUSEN
NONE
i
I
~ i
25]
Ssid resolution was thereby declared duly adopted and the Reoorder instructed
to oorporate same in the miaute~record of the said City.
The City Engineer was authorized to paint parking lanes Rmi zones on the
Streets of the City of West Memphis where needed. '
CD
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All the bills payable were presesst'ed to the Council by the Reoorder and
upon motion of F. E. Denson and properly seoonded by 0. I. Bollinger the Recorder
was instructed to draw warrants end the Treasurer authorized to pay same covering
the following bills and accounts due by the City of Weat Memphis.
S. 1Y. Bell Tele Co., X72.13 6roea Co. Gravel Co. $485.70
Standard Oil Co. 15.10 C. H. Bond, Eng. 593.49
1Yallia Diokey R. Lbr. Co. 45.14 Stamps 10.00
McCaa Chev. Co. 3.45 S. C. Toot & Co. 100.00
Elkhart Braes 1~ifg. Co. 70.05 B. F. Goodrich Co. 75.00
Orgill Bros de Co. 36.87 Howze 17.10
Stratton Warren Hdw. Co. 3.00 E. H. Clarke 9.00
Crittenden County Times 70.40 Sinclair 60.50
City of West Memphis Sewer 10.A0 VP. G. Parker 36.45
VPest Mfs. Lumber Co. 4.37 0. I. Bollinger 7.00
Southern Blind Co. 12.16 Ark. Munc. League 30.00
Dacus Lbr. Co. .90
C. 0. -Pilliamson & Co. '71.84
F. & S. Eleotrio Co. 70.44
1dcCarter Dairy 8.02
I . M. Harms 8.00
F. M. Causey Ptg. Co. 25.00
Riggs Traotor Co. 81.44
t'Vest Mfs. Power & -Y. Co. 135.41
Same Sewer 43.53
Same Com.House 12.64
Same City Hall 28.88
Spotts Drug Co. 4.00 _
L. B. Jones & ion 8.40 _
H. Inglias - Coal 22.14
Bragg Service Co. 585.12
E. B. Crawford & Co.
Dr. Ralph Hamilton
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A 7.50 yr ~~ r~. ~ , y ~ .~'`
2.00 ;~~ L_ K ~ "' '
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o
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uto
o. 2.60 ~
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There being no further business to oome before the Council and upon proper
motion e.nd second same was duly adjourned to meat again at the same hour and plane
on Tuesday, September 17, 1940. y~ ~, I ~~`
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HU
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W. H.
MAYQ~
ATTEST
J. 0. SPOTTS
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MINUTES
On Tuesday, September 17, 1940 the City Council of the City oP West bdemphis
met in ea ad3ourned mession at 8:00 0~olook P. M., City Hall Building with the
following members present:
W. H. Hundhauaen, Mayor
J. 0. Spotts, Recorder -- „~:,
F. E. Denson .'.Alderman
0. I. Bollinger Alderman `~~' °r~
Melvin Daous A13arman
The Mayor declared a quorum present and the following proceedings were
to wit:
It was unanimously agreed by the City Council to pay ffiarous Feltz, Master
Engineer in the Suit involving the Power and Light System the sum of Eleven
hundred and twenty five Dollars same being one half the fee established by the
Chancery Court of Crittenden-County ae compensation for his services in said
matter.
It was unanimously agreed to pay e11 Aldermen amounts due for compensation
for monthly meeting attendance to da~e and to pay Lummie Ward Twenty Seven ($27)
for cutting weeds on the vacant lots in the City of West Memphis and to pay James
Moore the sum of Thirty Dollars (~30) to compensate 'him for warning of Street taz
and City Auto Tags issued by the said James Moore to date. '
There being no further business, and upon proper motion and second, the
~~was duly adjourned to meet again at the same hour and place on Tuesday,
September 24, 1940.
MINUTES
On Tuesday, October 8, 1940 the City Council of the City
met in regular session at 8:00 O~olock P. M. in the City 'Hall
following members present:
W. H. Hundhausen,
J, 0. Spotts,
Doyne Dodd,
Hugh Inglis,
F. E. Denson,
0. I. Bollinger
Melvin Dacus
Mayor
Recorder
City Attorney
Assistant City Engineer
Alderman
Alderman
Alderman
The Mayor declared a quorum present and the
towit:
of West Memphis
Building with the
~i~
following proceedings were k~!td
Robert Dilport, Farm4-Security Administrator for Crittenden County came bef ore
the Council with a proposal of renting office space in the City Hall Building
and said proposal was unanimously declined by the Council.
The following Ordinance wen introduced by Alderman, 0. I. Bollinger, seconded
by Melvin Daous, Alderman, and read the first time.
...... ....~__ N.i.
QtDINANCE N0, 83 ,,,,,.,.~
`"".w. .
AN ORDINANCE TO PROVIDE THAT THE~RATES AND CHARGES FOR SEGPFRGE SERVICE FURNISHED
BY THE MUNICIPALLY (TINNED SEWER SYSTEM OF 4NEST MEMPHIS V7HEN NOT PAID 'b0 CONSTITUTE
A LIEN AGAINST THE PROPERTY SERVED THEREBY. AND TO PROVIDE FOR THE COLLECTION
OF SAME,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, IN REGULAR
SESSION ASSEMBLED:
SECTION 1. That all rates and charges for sewerage service furnished by the
municipally Awned sewer system of West Memphis if not paid when due shall s
constitute a lien II[ ~~~~~
on the premises served by the municipally avmed sewer system, and such rates shall
constitute a lien upon the free title to the land and permane~ improvements thereon
served thereby. If the said service rate or charge is not paid within thirty days
after the same becomes due, the amount thereof together with a penalty of ten
J
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1
I
2 5 ~,
x.,
• :.~ _ ~x~
percent and a reasonable attorney's fee may be recovered by the Sewer
Committee by suit filed in the Crittenden County Chancery Court in the
name of the Incorporated City of West Memphis, or in the name of the Trustee
in the indenture securing the revenue bonds issued for the building and
construction of said municipally owned sewerage ay stem, or in the name of
the bondholders (to suoh extent as their right to sue is their own Weems may
be permitted under said indenture), and in which suit said lien may be fore-
closed against such lot, parcel of land, or building.
I~ ~ SECTION 2. The rates and charges as fixed by the Sewer Committee shall be
due and payable monthly, and shall be collected by the sewer Committee or suoh
~'~-I persons ea it may designate, and shall be handled and disposed of as in the
manner fixed by ordinance.
BECTION 3. It appearing that sewer rentals are not being paid promptly and
in bhme oases are not being paid st all, and that the Pailure to collect these
rentals creates a danger of failure to retire bonds that were issued to construct
the sewer system, and to liquidate operating expenses incurred by the sewer system;
~ and that by reason of said failure the sewer system would necessarily oeeae to
~ operate thereby endangering heellth of the citizens of West Memphis, therefore, an
~,' emergency is declared to exist and this ordinance being necessary for the immediate
pq preservation of the public pease, health, and safety shall take effect and be
in force from and after its passage and publicatlio~n,~as required by law.
W. H. Hundhausen~-
~dAYCl2
ATTEST: J. 0. , Recorder
notion waa'made by Alderman, F. E. Denson and seoonded by Melvin Dacus,
~111I~~~JJJj Alderman, that rules be suspended and the Ordinance be read the second time,
which was done. Motion was then made by Alderman, Melvin Dsous and seoonded
by Alderman, 0. I. Bollinger tj~leb the rules be suspended, the Ordinance read
the third time and placed on ~f'~ passage. Following the third reading
pf said Or dinanoe the question being upon its adoption the roll was celled by
the Recorder and the result of the vote is as follows:
• AYES NAYES
lg. H . Hendlon~: s :::-„ (None )
0. D. Bollinger
Melvin,l)eaus
Vf. H. Hundhausen
i4hereas said Ordinance was declared duly adopted, the Recorder was i'egae:s~kid
to spread same upon the record of the Ordinances of the City of West Memphis, to
have same published as required by Law and to number said Ordinance Number 83.
The following Or dinanoe was introduced by Alderman Melvin Dacus and seoonded
by F. E. Denson and read the first time.
OR DINA ~ Y, . • NUMBER l~(~ ~ ~~`
AN ORDINANCE AMENDING CRDINANCE NIIMBER 33 E CITY OF ~ST MEMPHIS.
BE IT CgtDAINED BY TfiE COUNCIL OF THE CITY OF WEST MEMPIiIS, IN REGULAR SESSION
_' ASSEMBLED,
SECTION 1. That Or dinanoe Number 33 of the Ordinances of the City of Weat Memphis
shall be, and it hereby is amended to read as follows:
In addition to the persons, firms and corporations, hereinabove named in Section
Number 1 of Ordinance Number 33 the following persons, firms and oorporationa shall
hereinafter be included in the Ordinance, and an annul license fee, to be known
as a Prililege or Occupation Tax shall be levied against deem in the amount sat
opposite the name of the trade, business, pr ofeasion, vocation and~or calling
SHEET BdETAL WCfftRS ......................................$25.00
BIITANE GAS & ACCESSORIES ............................... 50.00
POTTERY, RETAIL ............................:........... 5.00
CEMENT PRODUCTS, POTTERY, 1~ANUFACTURING AND~OR WHOLESALE
10.00
WHOLESALE TIRES AND TUBES ...............................25.00
WHOLESALE AND~~i RETAIL FISH., ..........................10.00
WHOLESALE AND~OR LIVE MINNOWS ...........................10.00
SECTION 3. It appearing that the City ie in sore need of revenue with which to
build and repair streets, and make other improvements necessary to the public peeae
health and safety of the citizens of the City of West Memphis, and emergency is
declared to exist, and this Ordinance shall be in full force and effect from and
after its passage and publication.
W. H. Hundhausen
MAY
PASSED
ATTEST
Following the reading of said Ordinance, motion was made by F. E. Denson
and seconded by 0. I. Bollinger that the rules be suspended and the Ordinance
read the third time and be placed on files for final passage. Then, following
the third reading of said Ordinance, the question being upon its adoption, the
roll was called by the Recorder, and-the irote being as follows:
AYES NAYES
W. H. Hundhausen, Mayor (None)
F. E. Denson, Alderman
0. I. Bollinger, Alderman
~~~ Melvin Dacus, Alderman
1 U/ Tt was unanimously n®aedd~ed by the Board to grant a one half priwe
reduction in all city Auto tags issued following this date.
The following Resolution was introduced by 0. I. Bollinger, and
eeoonded by Melvin Dacus and unanimously adopted by the Council:
RESOLUTION
i
BE IT RESOLVED THAT the City collector be hereby authorized to issue City
License tags for the remaining part of the year of 194n for one half price and
to collect not more than One Dollar and fifty cents (1.50) for each tag issued during
the rest of the year of 194A
The follv~wing bills were authorized for payment and the Recorder directed
to issue warrants dad the Treasurer to draw check in payment thereof.
Lummie Ward....... ...27.00;
Boy Scouts..... .......100.00
Union Labor Review.....75.00
It was unanimously resolved by vote of the Council to employ Hugh Inglis
es Supervisor of street improvement, repair and maintenance and other City sponsored
pro~eote which may follow within the duties of such Supervisor and that his
salary by placed at Fifty Dollars (50.00) per month.
There being ao further business, and upon proper motion end second, the
meeting was duly adjourned.
i
MINIITES
On Thursday, October. 30, 194 the City Council of the City of West
Memphis met in a special called session in the Council Chamber a, City Hall Building
at 9:00 A.M. ell members having had dde notice as required by Law and the following
being present:
~P. H. Hundhausen, Mayor
J. 0. Spotts, Reoorder
Dayne Dodd, City Attorney
0. I. Bollinger, Alderman
I. L. Ovrens, Alderman
R. C. Breece, Alderman
F. E. Densoni,~ Alderman
Homer Jones,-.Alderman
Melvin Dacus, Alderman
J ohn M. Smith, Attorney of Marion, Arkansas and Clarence 6lifton, Attorney of
Memphis, Tennessee were also present.
The Mayor declared a quorum present and the following proceedings were
~_-'' had to-wit;
Mayor Hundhsuaen explained to the Council a proposal received from the
Vest Memphis Power and %atet Company relative to a oompromised aeEtlement in the
litigation now pending with reference to the ownership to the Power & Light u8®:r~ti~s.
,±
The following resolution was introduced by 0. I. Bollinger and seconded
by Melvin Daous.
~ RESOLUTION
L'J
G~
d
~ WHEREAS, much litigation has arisen with reference to the ownership and operation
of the power and water utilities of the City of West Memphis, and
WHEREAS, said litigation has proven and is proving very expensive to the City of
West.luiemphis as well as to the West Memphis Power E: YYater Company, and
'NHEREAS, the City of West Memphis has received a proposal from the West Memphis
Power ~ Water Company whereby the said City of West Memphis may buy, and the
,said West Memphis Power & Water Company agrees to sell the power, light, and
water utilities at a price and terms to be later agreed upon, now
I
THEREFORE, be it resolved that the hayor of the City of West Memphis be, and
- he is hereby authorized to enter into negotiations on behalf' of the City of
West Memphis vrith officials of the 1Yest Memphis Power & Water Company in order
to work out a definite and amicable agreement to be later submitted to the
City Council for its approval.
The question being upon the adoFtion of said resolution, the roll
was called, and the following voted in the affirmative:
AYES NAYES
P. M. Dacus None
I. L. Owens
R. C. Bresse
F. E. Denson
Homer Jones
0. I. Bollinger
~I
There being no further business to come before the meeting, and upon
motion with proper second the meeting was duly adjourned.
ATTEST: J. 6. TTS
R r er
,fir' x au~rmxA°"~.".~
MAYOR
~5ti
wr, :..;~
hINDTES ~,
On Tuesday the 12th day of November, 1940, the City Council of '
the City of West Memphis met in regular session in the City Hall Building
at 8:00 o~clock p. m. with the following members pre sent:
W. H. Hundhausen, b~ieyor F. M. Dacus, Alderman
Doyne Dodd, City Attorney R. C. Breese, Alderman
I. L. Owens, Alderman F. E. Denson, Alderman
0. I. Bollinger, Alderman
i
WHEREAS, the Council of the City of West b4emphis has been petitioned
by certain citizens of said city to make certain street improvements, and
s,
1NlIEREAS, said City Council after investigation finds that said
improvements should be made,
NOW, THEREFORE, BE IT RESGLUED by the Council of the City of West ~Gemphis,
in regular session assembled, that Hugh Inglis, assistant City Engineer, be
and is hereby authorized to gravel and improve Worthington Fark Drive, the
one block of Polk Street immediately adjacent to and running along side
Woods Fark, and one block of 18th Street. Be it further resolved that the
said Hugh Inglis, assistant City Engineer, be and he hereby is authorized
to purchase such shrubbery necessary for the beautification and the land-
scapin~; of the City Hall grounds, said purchase not to exceed seventy-five
(75.00) dollars.
MAYOR
PASSED: November 12, 1940
ATTEST:
Upon proper second the question being upon the adoption of said
resolution, the roll was called and the vote being as follows:
AYES NAYES
P, bi. Dacus None
I. L. Owens
R. C. Breese
F. E. Denson
0. I. Bollinger
There being no further business to come before the Council, and
upon motion with proper second the meeting was duly adjourned.
W. H. HUPdDHAUSEN
MAYOR
ATTEST: UT TS
ER
I
1
25'7
MIPdIITES
On Monday December 2, 1940, the City Council of the City of
West Memphis met in a special session at 3:00 o'clock p. m. All
members having had due notice as recuired by law, and the following
being present:
W. H. Hundhausen, Mayor I. L. Owens, Alderman
r"' J. 0. Spotts, Recorder P. M. Dacus, Alderman..
Doyne Dodd, City Attorney Homer Jones, Alderman
R. C. Breece, Alderman
F. E. Denson, Alderman
0. I. Bollinger, Alderman
Whereupon the Mayor called a quorum present, and the following
proceedings were had to wit:
Pursuant to resolution duly adopted by the City- Council at a
special meeting held on October 30, 1940, the following contract and
~ agreement for purchase of the assets of the West Memphis Power & Water
~ Company was presented to the Council for its approval:
d'
~ AGREEMENT
THIS AGREEMENT, entered into this ~ day of ~ Q~ , 1940,
by and between the WEST MEMPHIS POWER 3: WATER COMPANY, an Arkansas
corporation, with its principal office attd place of business in
West Memphis, Arkansas, hereinafter referred to as the "Company" and
the CITY OF WEST MEMPHIS, ARKAidSAS, a municipal corporation, organized and
existing under and by virtue. of the laws of the State of Arkansas, herein-
~' after referred to as the "City":
WITNESSETH:
'Nf~REAS, the Company owns and operates an electric generating and
electric distribution system and also a water system in the City of
West Memphis, Arkansas, and said properties are operated under separate
franchises from the City; and,.
WHEREAS, it is provided in said franchises that on oertain terms
and conditions the City may acquire both the electrical and water properties
in said City, and,
i'YfiEREAS, a dispute has arisen between the Company and the City as to
the proper construction of the franchise under which the Company operates
its electrical property in said City and the rights of the parties there-
under, and said dispute has resulted in protracted litigation both in the
Courts of the State of Arkansas, and the Supreme Court of Arkansas has
entered a decree directing the said City to acquire the Company's electrical
distribution system within said city on the terms and conditions specified
in said decree and appeals are still pending in that litigation and the
Company still maintains the City must purchase both the electric generating
system and the distribution system; and,
('~ WHEREAS, the City desires to purchase and acquire the water properties
of the Company in West Memphis, Arkansas, under and pursuant to the terms
of the franchise granted to the Company and has so signified to the Company
-- as provided in said franchise; and,
WHEREAS, it is the desire of all parties hereto to end all litigation
and controversy regarding said franchise by the purchase. by the City of
all of the electric generating and electric distributing system and also
the water system of the Company in said City upon the terms hereinafter
specified, under and pursuant to said franchise and under the condemnation
proceedings heretofore instituted, and that might in the future be insti-
tuted, by said City for the acquisition of said properties, or any of them;
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nOW, THEREFORE, in consideration of the premises, and the mutual
promises, covenants and conditions herein set forth, it is mutually
agreed as follows:-
1. The Company will sell all of its electric properties within
and contiguous to the City of West Memphis, including both distribution
and generating system, and all its water propertiea within and contigu-
ous to the City of West Memphis, including inventories used in connec-
tion with said systems, and also certain office equipment to be agreed
upon, for the sum of Two Hundred and Ten Thousand Dollars 0210,000.00)
and the City by these presents covenants and agrees to buy said Proper-
ties at said prioe upon the terms hereinafter specified.,
It is mutually agreed and understood that this contract relates
to the sale of all of said electrical and water properties, which said
electrical property includes both the distribution and generating
systems; and that this is a mutual agreement between the parties hereto
relating to the rights of said City to acquire said properties under
the existing franchises and is pursuant thereto.
2. In determining the purchase price of X210,000.00 the value
of the distribution system of the electrical properties is taken to be
the price established in the litigation between the parties hereto in
the Courts of the State of Arkansas and the sale is deemed to be
compliance by the Company with the decrees in said litigation now pend-
ing between the parties hereto in the Courts of the State of Arl~nsas
relating to said electrical properties.
3. Upon the payment by the City of the purchase price in the
manner herein agreed upon, the City will acquire title to said electrical
and water property as of December 1, 1940. However, this is an interim
• contract, and pending the payment of the purchase price to the Company,
the Company shall retain the title to said property, but shall deliver
possession to Roger Baumann, who shall hold such possession as agent both
of the •Company and the City. It is understood that any and all income
accrued prior to Deoember 1, 1940, shall belong to the City, provided
the purchase price is paid to the Company by the City in accordanoe with
the terms of this agreement, and until said purchase Price is paid, said
funds are to be held, used and disbursed by the said Roger Baumann as
hereafter provided in this agreement.
4. The properties to be sold by the Company to the City, until
the purchase price is paid to the Company as herein provided, shall
be operated by Roger Baumann of the City of West Memphis, Arkansas,
as the Agent of both the Company and the City. (In the event of the
refusal of the said Baumann to so act, or his death or incapacity, the
parties hereto shall mutually agree as to his successor who shall have
all the rights and powers as if originally named herein.)
Said agent or his successor is hereby mutually authorized as
follows:
(a) To operate the properties as General Manager pending payment v
of the purchase price by the City to the Company as herein provided.
(b) To collect, for the Company, all revenues earned prior to
December 1,.1940, and remit the same to the Company.
(c) All revenue earned and collected after December 1, 1940,
she 11 be deposited in the ~ ~,~ ,~. , 3,L~~„.1 ~ of '
in the name of Roger Baumann, Ag nt for t e ity of West Memphis, Arkansas,
and West Memphis Power & Water Company,
Out of the funds so collected, the said Roger Baumann, as said
Agent, shall pay as authorized and directed by the City all necessary
salaries, operating expenses and maintenance of said property.
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The said Roger Baumann agrees to use, each ninety days, any
balance of income in excess of said necessary expenses: first,
for the payment of interest at the rate herein provided on any unpaid
purchase price due the Company, which interest is to be paid each
ninety days after December 1, 1940; second, out of the balance above
interest requirements, the said Roger Baumann will accumulate and
retain as an interest free debt, due to the Company, sums up to
$5,000.00, to be used as working capital; and third, and balance over
and above said aforesaid items shall be used each ninety days to apply
on any unpaid purchase price due the Company. The debt created by
the retention of fluids as herein provided for working capital shall be
discharged when the City completes the purchase of the properties
according to the terms of this agreement, and the sums so retained shall
belong to the City, but if the City fails to complete said purchase of
the properties according to the terms of this agreement, the City shall
remain indebted to Company for said sums, which shall bear interest at
the legal rate after default.
(d) Until such time as the Company shall receive the full purchase
price provided for herein, said property shall be maintained in as good
condition as he rat of ore maintained by the Company subject only to normal
depreciation.
5. The City shall expeditiously proceed to procure the funds with
which to pay the agreed purchase price, and it is understood that the
City will first try to secure financing on the water (which will require
the release of the properties and conveyance to the City) properties by
the sale of bonds to third parties and out of the sale of said bonds
there will be paid and delivered to the Company a minimum of Seventy-five
Thousand Dollars 0 75,000.00); provided, however, that in the event the
City is unable out of said financing to pay the Company X75,000.00 in
cash, it will deliver and pay to the Company a minimum of X65,000.00 and
the difference between said X65,000.00 and X75,000.00 shall be paid out
of the revenue of said water properties in excess of necessary expenditures,
including interest and amortization of the bonds but subject to any require-
ment contained in the indenture under which the bonds are issued, until
the Company has received the sum of Seventy-Five Thounsand Dollars 075,000.00)
in cash; the balance of the purchase price or One Hundred Thirty-Five Thousand
Dolls rs 0135,000.00) will be represented by evidence of indebtedness of the
City payable solely from the net revenues of the electric plant, which indebted-
ness shall ti'e assignable and secured by the electrical properties, both distri-
bution and generating system, and the terms and conditions of the instrument
securing said unpaid indebtedness shall contain all usual and reasonable
provisions for the protection and security of the Company, including provisions
relating to any default on the part. of the City to discharge the obligations
secured thereby according to their terms.
6. Said evidences of indebtedness shall bear interest at the rate
of four percent (4J) per annum from the date of their issuance and shall
be payable annually so as to amortize said balance with a period of
thirty (30) years or less, and shall contaia a provision granting to the
City the right of prepayment. The certificates of indebtedness will be
payable only from net revenue remaining after expenses of operation and
maintenance have been paid and do not constitute a debt of the City within
any constitutional or statutory limitation and are not general obligations
of the City.
' 7. It is expressly agreed and understood that said evidences of
indebtedness and the validity of any instrument securing the same shall be
subject to the approval of counsel selected and designated by the Company.
-- 8. On and after December 1, 1940, the City agrees to pay interest at
the rate of four per cent (4~) per annum to the Company on the entire
purchase price of Two Hundred and Ten Thousand Dolls rs 0210,000.00) or
any balance thereof, until paid.
9. The City agrees, until the purchase price has been paid to the
Company as herein provided that it will not, of its own volition, reduce
the rates for water or electricity to consumers, without first receiving
the Company's consent in writing to such reduction.
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10. Both the parties hereto agree that they will execute any and
all instruments, deeds, ordinances and resolutions necessary to carry
out this contract of sale and will proceed to complete the sale and
purchase in as short a time as practicable.
11. It is understood between the parties hereto that this is an
interim contract, and that any balance of the purchase price which will
be represented by oertificates of indebtedness of the City will be,
arranged so that the payment of said debt will be amortized in annual
payments to pay both principal and interest over a period not to exceed
thirty (30) years or less with the period of amortization to be designated
by the City, and the interest rate on such unpaid balance to be figured
at 4/ per annum.
IN WITNESS WY~REOF, the parties hereunto by their duly authorized
officers have executed this agreement and a duplicate copy thereof on
the day and year first above written.
ATTEST:
Secretary.
ATTEST:
Recorder.
ACCEPTED:
Agent.
After discussion Alderman 0. I. Bollinger resolved by motion that
said contract be accepted by the City of West N~emphis, and that the h9syor
and Recorder of said City be authorized to sign said contract for and on
behalf of the City of i~r'"est Memphis. Upon second to the above motion by
F. Di'. Dacus, the roll was called with reference to the adoption of said
contract the vote being as follows:
AYES NAYES
P. k. Dacus None
I. L. Owens
Homer Jones
R. C. Breese
F. E. Denson
0. I. Bollinger
W. H. Hundhausen
There being no further business to come before the meeting, and
upon motion with proper second the meeting was ly adj~o~urned~.
W: H. HUl EN~'~
1.'.AYOR
ATTEST: 0. POTTS
ORDER
WEST h9EtrII'fiIS ,POWER & YJATER CObPANY,
BY
President.
CITY OF 9YEST D~PHIS,
BY
~:eyor.
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