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October 1, 1946~~ ~'! MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL OCTOBER 1, 1946 The Council of the City of West Memphis in the County of Critt~adea, State of Arkansas met in a regular session at the City Hall in said City at 8.P.M. on the 1st day of October, 1946. -- The meeting was called to order by the Mayor and the roll being called there were: - Presents P. M. Dacus in the chair and the following named Aldermen: Curtis Foster, 0. I. Bollinger, C. H. Broom, G.ll~. McAuley, J. B. Loyd, and J. A. Johnson; and City Attorney J. H. Spears and City Clerk H. E. Manning. Absents Nom. The following proceedings were had to wits A committee composed of Mrs. M. C. Pearce, Mr. C. M. Clark, Mr. Burton W. Reneger, and Mr. B. F. lYever appeared before the Council to request the asphalting of Cooper Street and Roosevelt Street west of Avalon for one block. Mayor Dacus advised the Committee that the asphalt work now being done is just the completion of a contract granted last year, and the City is not now financially in a position to be any additional work, also that the asphalting requested was in the section of the city that had recently been annexed to the City, and that the City had put in a sewer system and graveled the streets and at the present time it was the consensus of the Council that all available money should be used on streets that were inaccessible last winter for a majority of the populs:tion. Mr. W. H. How2e, citizen of 1Pest Memphis and District Manager of the Arkansas Power & Light Compaq, appeared before the Council to explain the proposed ten year contract for power for the City with the Arkansas Power k Light Company. Mayor Dacus advised the Council that the contract had been presented to the bight de Water Commission, and that the Commission had recommended to the Council that they accept the contract. After discussion of the matter with Mr. A. P. Dacus and Mr. Toney Peters, Members of the Commission, presesat; the following motion was made by Aldermen Browns That the City of West Memphis accept the agreement with the Arkansas Power & Light Compeaay for a period of ten years. Motion .was seconded by Alderman Johnson, and upon the matter being called to vote, the following voted: Ayes Curtis Foster, 0. I. Bollinger, C. H. Bra, G. R. MaAuleYs J. B. Loyd, and J. A. Johnson. Nay: None. Members of the Sewer Committee, Mr. Lamar Rodgers, Mr. Jack Rioh, and Alderman G. W. McAuley, were present cad disousaed with the Council the necessity of scouring additional funds for the psyme~ of the coaaaple- tioa of the sewer system now under construction as more Elands were needed than anticipated when the original bonds were issued due to extensions __ and various other expenses incurred. Thereupon, Mayor Dacus was authorized to confer with the bonding companies who handled the sale of the original issue in order to work out some means of securing the additional funds. ~(~ Mayor Dacus presented a latter from Mr. Furbringer of the Firm of Furbringer & Ehrman coaoerning the preparing of a ]daster Plan, Zoning Map, Ordinanoe, and Building Code for the City at a cost of X6,000.00. Mayor Dacus advised the Counail that bir. Furbringer had met with the Planning Cos~issioa at their regular meeting on October 1st, and that the Planning Commission had recommended to the Council that the City enter into a contract with Mr. Furbringer for this work. After dieoussion of the matter Alderman Brown made the following motions -~ That the City aooept the proposed contract of the.firm of Furbringer do Ehrman and the Mayor be authorized to prooeed with the details involving the aosxtreot and that ha be authorized to execute said contract on behalf of the City of hest ]Qmphis. The motion was seoonded by Alderman Bollinger, and upon the matter being celled to vote, the following voted: Ayes Curtis Foster, 0. I. Bollinger, G. H. Brown, G. ~P. McAuley, J. B. Loyd, and J. A. Johnson. Nays None. COPY OF CONTRACT FIIRBRINGER de EBItbfAN Architects October 3, 1946 Mayor and City Council Rest Memphis, Arlosnsas Gentlement yPe will prepare a blaster Plan, Zoning Map, Ordinanoe and Building Code for the City of Rest Memphis, Arkansas, for the sum of $6,000.00. Payments on aaaou~ are to be made as the work progresses to the amount of $4,000.00, (500.00 to be paid on or about the first of eaoh month) the balance on acmpletion and delivery to you of all maps and typewritten nodes and ordinances. During the progress of this work we will oonsult with you from time to time so as to heap you informed of developments and also to obtain the benefit of your suggestions. It is estimated that it will require about nine months to oamplete this work. This contract in two copy form must be signed by all parties. Very truly yours, FORBRINGER & Ef~AIAN, ARCHITECTS IAA~tRENCE COCRRILL, ENGINEER S M. H. FDRBRINGER S LAWRERTCE COCKRILL CITY OF WEST MEMPHIS P. M. DACIIS, MAYOR ~~°1J An ordinance entitled "An Ordinance Regulating the Construction and Maintenance of Signboards" was read the third and final time by Alderman McAuley, who moved that the ordinance be now placed upon its final adop- tion. The motion was seconded by Alderman Foster, sad after due consid- eration thereof by said Council, the Mayor put the question on the adop- tion of the motion, and upon the roll being called, the following voted: Aye= Curtis Foster, 0. I. Bollinger, C. H. Brawn, G. W. McAuley, i J. B. Loyd, and J. A. Johnson. Nay= None. . Whereupon, the Mayor declared said motion duly adopted and said ordinance duly passed and signed his approval to said ordinance, and the City Clerk wee directed to spread the same upon the Record of Ordinanoea of the City of West Memphis, Arkansas; and to have same published as required by law and to number said ordinance No. 125. Said ordinance to which no amendment was offered read as follows: ORDINANCE N0. 125 AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINT^a:JANCE OF SIGNBQARDS BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION 1. persons Covered - Hereafter no person, parsons, firm, partnership, asaoaia on or corporation shall construct or maintain any signboard, billboard or other advertising device of any kind whatever by whatever name denominated except ae herein provided on any lands within the City of Weat Memphis without first securing a permit as heroin provided nor without complying with all the provisions of this Ordinance, Amendments thereto or other Ordinanoea applicable thereto. i SECTION 2. Application - Before any billboard, signboard or other advertising devise s a erected or any existing signboard or bill- board altered or removed such person or persons shall malo9 an application in writing to the building inspector and said application shall contain the following information and any additional information which the build- ing inspector and~or electrical inspector shall require. Such application shall include the following information: (a) The Hams and address of the owner or owners of the proposed signboard, billboard or other advertising device. (b) If a corporation, the name of the corporation, its officers and directors and its agent for service in the State of Arkansas. (o) The location of the proposed sign or billboard and the legal description of the lands on which said signboard or billboard is to be located. (d) The height, length and other dimensions of the said signboard or billboard. (e) The material to be used in constructing the same. (f) The written consent of the owner or owners of said lands an -- which said sign be erected. Such application shall be in the form that may be required by the city building and~or electrical inspector. The application shall be deemed a consent by the applicant to the various provisions of this Ordi- nance including the right of the City to charge to the applicant the expense of removing or altering said sign covered by this Os~dinance. 2I~) SECTION 3. Included - The ward "sign" as used herein shall be deemed to mean any si~Toard, billboard or other outdoor advertising devise of any kind by whatever name denominated. SECTION 4• Construction - dll sighs shall be oonstruated of galva- nized iron, enema ~.ron, copper or other nos-corrosive and iaaombustible materials except the frame and braces or supports may be of wood oonstrua- tion. Every sucsh sign shall be securely attached to said supports and braces and firmly secured to prevent being blown churn or destroyed by -I winds. SECTION 5. Strength of Construction -Every sign and its supports J shall be capable o vri s uig a pressure of thirty pounds to the square foot. SECTION 6• Obstructions - No sign shall be so erected as to obstruct any street, alley or wren way and in such manner and place that it will not hinder the Fire I,~epartment nor be deemed a hazard to the operation of vehicles by obstructing views or otherwise. SECTION 7. Permit Fee -The annual fee for a sign permit shall be based on ten cents per square foot of advertising surface. Each permit shall run for the calendar year end if issued after January 1st, shall extend to the first day of the succeeding year and shall be ronewed annually thereafter, and if issued for lass than one year shall be a prorate part of the year for which the permit is issued. SECTION 8. Permits -When the building inspector shall have determined that a prop0eed sign complies with the provisions of this Ordinance and it is not otherwise a menace to publio safety, he shall issue s permit upon presentation of a receipt fra~m the City Clark stating that the required permit fee has been paid. SECTION 9. Existing Signs -This Ordinance shall not require the ~i removal of pre-exss ing s gns conflict herewith which are in safe condition but no new sign shall roplaoe an existing sign, and no exist- _ ing sign shall be altered, remodeled or relocated unless the same shall moat the requirements of this Ordinance. Pending such alteration, remodeling or rolocation of a pre-existing sign, the owners of such sign shall be entitled to an annual sign permit upon payment of permit fees as provided herein until five years after the passage and approval of this Ordinance provided that all requirements of this Ordinance are met. SECTION 10. Inspection - It shall be the duty of the building inspector to iaspec a signs at regular intervals. If any sign, whether covered by this Ordinance or not, is found to be inseauroly fastened, improperly constructed, erected or placed in a location or i.n such manner that it might be dangerous to cry individual, individuals or the general publio or that it might become a nuisance, or has bees improperly maintained or is any way oonfliote wi't~ the provisions of this Ordinance, he shall report this fact to the owner of the sign. If the sign is not repaired and placed in a safe condition within five days after such notice, it may be removed or altered to oa~mply with the requirements of this Ordinance and at the expense of the holder of the permit or the owner of the sign or the owner of the lands on which said sign is contracted and provided further that the building inspector may cause it to be remasred summarily and without aotiae whenever public safety requires this to be done iaanodiately. SECTION 11. Liability of the City - The acapetanae of fees provided (- herein shall not be eeme an asaump ion of the liability of the City and the owner of the sign or ]and lands upon which said sign is erected shall be liable for any damages and ia`jury that may be caused by any person or property thereby. `1 1. SECTION 12. Exempt -This Ordinaaca shall not be oonstruad to apply to a~ sign or aignTx3'having s square footage of less than fifteen square fast in advertising surface. SECTION 13. Reservation - The City reserves the right to cause arty sign to be remove a e expanse of the grantee of the permit, and should the-sign sot be removed as directed sad upon the finding by the ma3ority of the City Council that the ,removal of such sign ie necessary for the saf®ty of persons an,d property, the City may.oause the same to ba removed _ at the cost of the owner of the sign or the owner of the lands on which said sign is located. SECTION 14. Several - Should any clause, section or portion of this Ordinance be eo re illegal, unconstitutional or in violation of any statutory authority, the invalidity of such clause or section shall not invalidate is any manner the remaining portion of said ~rdinanae. All Ordinances and parts of Ordinances in conflict herewith are horeby repealed. SECTION 15. Violation - Any person, firm or corporation that shall violate any of the previsions of this Ordinance shall be fined in any sum_of not more than $100.00, sari each day's violation of the provisions of this Ordinance shall constitute a separate offense provided that after the first conviction under this Ordinance sufficient time shall be given to remedy the condition. City Attorney J. H. Spears.preaented the ordinance on weights sad measures as instructed by the Council at the meeting on September 11th, after discussion of the matter it was thought advisable to continua action on the ordinance until it could be looked into further. The Council was advised by the Mayor that the City Bond and Interest ' Fund sow had a sum of $7,576.95 and that amount is in excess of the amount needed for payment of bonds and interest in 1947 and that an additional sum from ta~aas xould be received during December of this year; therefore, after the reading o£ Ordinance No. 77 "pn Ordinance Providing For The Issuance of Bonds To Be Used For The Rirohase Of A Site And Construction Of A Combination City Hall and Fire Station, Aud Equipment Of Suoh City Hall, For The Construction And Improvement Of Streets, And For The Construction Of Storm Sewers Ax>sl Drainage System In Connection lfith Suoh Streets: After discussion of the matter by the Council it was thought advisable to transfer a part of Chia money to the General Fund leaving sufficient funds to talcs care of the payment of bonds and interest in 194?. Thereupon, Alderman Brown made the following motion= That the sum of $3,500.00 be transferred from the City Bond and Interest Fund to the General Fund. Motion was seconded by Alderman McAuley, and upon the matter being called to vote, the following voted: byes Curtis Foster, 0. I. Bollinger, C. H. Brown, G. ~P. McAuley, J. B. Loyd, and J. A. Johnson. Nays None. Motion was made by Alderman McAuley and seconded by Alderman Loyd I~' to approve the following bills and authorize the City Council to draw ~~~ warrants to pay same: ~~ GENERAL FUAID J. M. Smith X28.20 Ivy Riohardscn 28.20 John MoCullor 28.20 Aron Iaakin 33.30 Ed Hudson 31.88 Henry Herth 33.25 Henry Henry 25.00 Robert Briscoe 25.00 Ipon Brown 23.38 Ms.nuel Boyd 18.70 Ed McNeal 23.38 Early Polk 23.38 Wm. Polk 23.38 Frank Smith 23.38 Annias Smith 23.38 iP. L. MoGee 23.38 National Bank of Commerce 27.35 Collector of Intornal Revenue 589.20 Central Service Station 23.38 Casht~ Co. Thri y 56.~5~ Drs. Hamilton-Smith 20.00 Bil-Roy Hotel-Service Sta. 92.93 Southwestern Bell Tel. Co. 46.46 Arkansas Publishing Co. 8.00 Crittenden County Times 68.00 Bragg Auto Co. 19.13 Peoples Im3lement Co. 25.64 5. C. Toof & Co. 6.16 J. A. Riggs Tractor Co. 10.86 Otis Ball, Fire Chief 78.00 Mo. P. R. R. Co. 386.64 A. B. Carter, Clerk 5.90 Johnson Auto Co. 37.46 Chalmers Motor Co. 7.50 Choctow, Inc. 356.40 rQcCae Chevrolet Co. 49.97 Farriers Supply Co. 10.99 J. M. Smith 28.20 Ivy Richardson 28.20 John b1cCullor 28.20 Aron Ie.rkin 33.30 Ed Hudson 35.25 Henry Herth 3.85 Henry Henry 27.75 Robert Briscoe 27.75 Leon Brown 26.40 Wm. Polk 25.85 Early Polk 25.85 Frank Smith 25.85 Annias Smith 25.85 Sam Brawn 25.85 Ed McNeal 26.95 Tom Morrison 40.00 Otis Ball, Fire Chief 96.00 W. M. Lumber & Supply Co. 146.45 Alvin R. Clark 100.00 J. M. Smith 28.20 Ivy Richardson 28.20 John McCullor 28.20 Aron 7~.r~:ins 26.10 GENERAL FUND - CONTINUID Henry .Henry Robert Briscoe Ed Hudson Icon Brawn Wm. Polk J. M. Smith Ivy Richardson John McOullar Aron Iarkin Ed Hudson YPm. Polk Lion Brovm Henry Henry Robert Briseoe Otis gall Doyne Dodd Jean Hillenaamp H. D. HoI].e.nd P. M. Dacus H. E. Manning Dayton Saclaatt Mrs. M. B. Currie J. F. Wright C. D. Shax C. D. Shaw J. T. Ross G. G. Rbteman W. H. Cushman C. H. Brown G. VY. MoAuley Curtis Foster Mrs. J. B. Loyd 0. I. Bollinger J. A. Johnson Jean Hillencamp J. H. Spears 0. J. Hatton Fred Thomas Louis Hathcock Mrs. J. F. Wright J. M. Smith Ivy Richardson John McOullor Aron Iarkin Ed Hudson Wm. Polk Leon Brown Henry Henry Robert Brisooe SEMPER REVENUE FUND ~ 2.75 27.75 34.65 25.85 25.85 2 8.20 28.20 28.20 2 8.20 29.25 19.80 19.80 20.25 20.25 15.00 87.50 165.00 280.00 150.00 25.00 25.00 35.00 200.00 175.00 30.00 175.00 300.00 300.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 -75.00 2 00.00 40.00 158.75 246.68 28.20 28.20 28.20 3.30 34.25 25.85 25.85 25.00 27.75 Memphis Machine Works $52.95 Sewer Revenue Bond Fund 800.00 CITY BOND ~ INTEREST FT7AID City of Test Memphis-General Fund X3,500.00 FIRF~EPT'S RELIEF-PENSION FUND Otis Ball, Fire Chief ~ 175.00 Otis Ball, Fire Chief 14.00 (~` Upon the matter being called to vote, the following voted: Aye: Curtis Foster, 0. I. Bollinger, C. H. Brown, G. W. McAuley, J. B. Loyd, and J. A. Johnson. Nay; None. Motion was made by Alderman Brown and seconded by Alderman Foster to adjourn the meeting. Upon the matter being called to vote, the follow- ing voted: Aye: Curtis Foster, 0. I. Bollinger, C. E. Brown, G. W McAuley, J. B. Loyd, and J• A• Johnson. Nay: None. ATTEST: ~/ 1 i CITY CLERK ~1~~