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July 21, 1953~~! MINUTES OF A REGULAR MEET]NG OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, :.:_ .. HAD AND HELD.. ON JU.L;.Y 21,_ 195 -__. _.__,.. _ , _.,_...__ _ __----____. _, _ - ,. .~ _ The Council of the City of West Memphis met in a regular session at the City Hall in said City at 7s30 P.M. on the 21st day of July, 1953. The meeting was called to order by the Mayor, and upon roll call there werei Present: Mayor W. B. Fordyce presiding and the following Aldermen: James Bledsoe, 0, I. Bollinger, John Burrow, Freeman Finley, Curtis Foster, P. B. Powers, and C. H. Rowton; City Attorney Atlee Harris, Absent: Alderman A. R, Manchester and City Clerk W, R. Seaton. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meetings on July 7th, 9th, and ]l:th were read and approved. Mayer Fordyce advised the Council the Light & Water Commission had approved the contract with Advance Development; Company for Royal 4ardens Subdivision. Thereupon, the following motion was made by Alderman Foster and seconded by Alderman Powers: That the Mayor and City Clerk be and they are hereby authorized to sign the following contract: AGREEMENT THIS AGREEMENT entered into this 21st day of July, 1953, by and between the City of West Memphis, a municipal corporation existing under the laws of Arkansas, hereinafter called City, and Advance Development Company, Inc., an Arkansas Corporation with principal offices at West Memphis, Arkansas, qualified to do business within the State of Arkansas, WITNESSETH: W1iEREAS, Advance Dev~opment Company, Inc. is the owner of a portion of and has an option to purchase the balance of a tract of land situated within the corporate limits of the City, shown on the attached plat of Royal Gardens Subdivision, as prepared by C, H. Bond, Jr., Civil Engineer, and made apart of this agreement as Exhibit "A" hereto; and, WHEREAS, the attached plat sets forth the proposed plan for the subdivision o£ said tract of land by Advance Development Compar~y, Inc., which proposed plan of subdivision has been approved by the City Planning Commission and ie approved by the City Council; and WHEREAS, the parties are desirous of entering into this agreement to provide for the installation of utilities within the said subdivision and for the development of the same. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, IT IS MUTUlfLLY AGREED AND COVENANTED AS FOLLOirdS: 1. Dedication of streets, alleys, utility easements. Advance Development Company, Inc. agrees to dedicate to public use forever, the streets, utility easements and alleys, and City agrees to accept said dedication and agrees to the perpetual maintenance and upkeep of the same. 2. Bill of Assurance. See Bill of Assurance heretofore submitted and accepted by City Council on July ],Lt, 1953. 3. Utilities: City to provide public water and electrical utilities. City agrees that it will install in and through said subdivision, within the easements as shown on the dedicated plan, maintain and furnish the following utilities for the purpose of serving each of the aforesaid lots within said subdivision: (a) Extent: Serve each lot when house is constructed thereon, install all underground utility mains and laterals before installation of surfacing on any street. (b) Public water system. (c) Fire hydrants: To be spaced not more than 1,000 feet apart and served with water mains not less than 6" in diameter. (d) Electricity: All electric lines. (e) Street Lighting. In regard to the electricity, the City will provide the meter as to each individual lot, said meter to be installed by City on the house to be erected. thereon, and will deliver electricity to such point to the user. G ~ ~~ In regard to the said water and electric utilities, City will install. same in such manner, so that said utilities will fully and adequately be provided to each and every one of said lots of the subdivision, complete and ready for use at such time as the same are required by Advance Development; Company, Inc. City, of course, to charge the users of such services its prevailing rates and charges as provided by ordinances. It being mutual7.y understood and agreed between City and Advance Development Company, Tnc. that the plan advanced by the developer of the subdivision shall be a progressive development beginning with an initial construction of at least five (5) houses. The said initial five (5) houses to be constructed in the southwest corner of said subdivision on the lots nearest to existing water and electric utilities. That sub- sequent construction will be made only on lots that are contiguous to a lot upon which a building has been erected and utilities previously furnished, subject to the exception that lots situated on opposite sides of any street in said subdivision if meeting the requirment concerning erection of a house thereon shall be considered as contiguous property for t-~ purpose of this agreement, and in no event is the Advance Development to build )less than five (5) houses at a time unless same shal7_ be at the end of. the project. City will make said installations in accordance with the requirements of the laws of the State of Arkansas and in such manner as to be acceptable to Federal Housing Administration requirements. Advance Development Company, Inc. agrees to pay any truck line service charge as provided by ordinances or future ordinances. City agrees that no lien or assessment will. be applied against the aforesaid lots as a result of the installation of the required utilities (However, this does not px•eclude the City from charging its usual. rates and service charges for utility service to users in accordance with ordinances of the City of West Memphis and the statutes of the State of Arkatz.^,as. ) Lt. Bond by Alvvance Development Company, Inc, to protect City on its cost of installing public water and electric utilities: The City~s prelim3_nary estimate of its costs of materials to instal]. the water and electric utilities as set forth in Part 3 above, is as fol7.ows: (a) Public water systc~ including fire hydrants and meters ................... See Total (b) Electric. distribution system. including street lighting and meters .................................~ (5ee Total TOTAL $ 12,120.00 City is to furnish all. labor for said installation at a cost of ~3.880.OU Dollars. City agrees to fux•nish all labor and materials for installing public water and utilities in Royal Gardens Subdivision at a n esti~nat•ed costs of ~ 16,000.00 Dollars. In order to assure City the reimbursement, of said costs, Advance Development Company, Inc, agrees to request the instal7.ation of utilities subsequent to its initial construction only on such lots as are contiguous to existing construction. Each request will. designate the mzmber of lots to be furnished utilities, and the Adv~snce Development Company, Inc., at the time of making such request, further agrees to furnish bond in a penal sum of 1000 of the City~s estimated cost of labor and material in complying with such request, with a good and solvent surety company, as surety thereon, licensed and authorized to do business in the State of Arkansas. Each individual. bond shall. be for a period o£ five (5) years, and said bond to be adjusted annually upon a basis of x$4.00 for every X1.00 of water and electric revenue collected which shall be credited on such bond, when such revenue amounts to the penal sum of said bond, City agrees to cancel bond. If at the end of five (5) years the revenues in the proportion as stated herein has not amounted to the penal svm of each individua7_ bond, then said bond shall. be liable for the difference between the revenue derived by the City and applied, and said individual bond shall. be liable for the difference. 5. Sanitary Sewer: Advance Development Company, Inc. to provide sanitary sewerage system, including necessary sewer connections to present city system for 5'l_ connections, as set out in minutes of meeting of City Council. on the day of ~' 1953. Advance Development Company, Inc. agx•ees that it will install throug}z a competent and bonded contractor a pub7_ic sanitary sewerage system in and throughout the said subdivision, all in accordance with the following described plans and specifications therefor; The plans for the sanitary sewer system, drawn by C. H. Bond, Jr., Marion, Arkansas, consisting of pages 1 t}u^ough 6 are attached hereto as Exhibit A and incorpor- ates herein by reference and said mar rink g and designation as Exhibit ~ ~~ The specifications are attached hereto and incorporated herein by reference, marked Exhibit _ They are the specifications covering the aforesaid plans. The contractor shall perform such work under the supervision of, and with inspection by, a Registered Engineer to be engaged by the City, and placed upon the fob. 6. Streets, Storm Drainage: Advance Development Company, Inc. agrees that it will at its own cost and expense grade, construct and pave or hard surface said streets with bituminous, macadam or concrete. 7. Ownership vests in City: Notwithstanding the fact that Advance Development Company will have dedicated the land therefor, and will have constructed same at its own expense, °Ownership of all streets, street improvements and storm sewer shall vest absolutely in the City as completed. Likewise, ownership of the public water system and all of the electrical distribution utilities shall be in the City. The ownership of the public sanitary sewerage system in and througtxout the subdivision shall be vested, as completed, in the City." 8. Assurance to Federal Housing Administration: At the execution of this contract by the parties, Filing of bond, and all required exhibits the City agrees to give Federal Housing Administration necessary assurances in letter form that all lots will have electricity and water, in accordance with progressive development as heretofore provided. The City further agrees that it will give such assurance to the FHA as is necessary as to connections being made to the sewer system as hereinabove set out and specified in Minutes of the Council of the City of West Memphis on day of 1953. -- WITNESS the signatures of the parties the day and year fist above written, the signature of the City being by and througtx its duly qualified officials, pursuant to proper resolution, ordinances and municipal powers, and the signature of Avance Development Company, Inc., being by and through its duly authorized officers, pursuant to proper corporation resolutions and proper corporate powers. CITY OF WEST MF~IPHIS, ARKANSAS (SEAL) ATTEST: Ci~yZlerk (SEAL) ATTEST? /S/ GENE W. McAULEY Secre ary Upon vote, the Aldermen noted: By_ Mayor ADVANCE DEVELOPMENT COMPANY, 1NC. By/S/ J. F. WHEELER Fresi e-ant Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None. The Attorney for the Company informed the Council the Bond would not be filed until request is made for utilities. ~~~ Mr. Charles Bowers, Industrial Engineer of the West Memphis Industrial Council, appeared before the Council and addressed the Council. in regard to foreign exchange toll lines from Memphis to West Memphis. After discussion it was decided that officials of the City contact the Public Service Commission, and the following motion was made by Alderman Bollinger and seconded by Alderman Burrow: That the Mayor and City Attorney be authorized to contact the Public Service Commission and as}c them to study telephone rates between West Memphis and Memphis. Upon vote, the Aldermen voted: Ayes Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None. Mr, 0. Byler of the St, Francis Levee Board appeared before the Council to present an amended plat for the plat approved by the Council on }March 3, 1953 of the Dickey Property. After discussion of the matter, P4ayor Fordyce advised Mr. Byler that the matter would be considered by the City Attorney and action would b© taY.en by the Council at a later date, NIr. Bernard High presented a plat of High Subdivision being the north 555 feet of Lot 1, Subdivision of the J. H. Stuart Estate, City of West Memphis, Arkansas, said plat having been approved by the Planning Commission on Februay 26, 1953. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Finley: That the Council approve the plat of High Subdivision for the purpose of dedication of Thompson Avenue and Richardson Avenue only. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None, Attorney Jake Brick appeared before the Council to request the repeal of Ordinance No. 95 "An Ordinance Prohibiting Coin Operated Amusement Games in the City of West Memphis". tlr. Brick advised the Council of State Legislation on the matter. Also, stated that the firm of Rubens and Brick had a clien intarestpd in installing pin-ball maclii.nes i.n the City, and submitted a proposal to pay the City X1500.00 for the privilege of operating in the City of West Memp}ris plus a tax on each machine in accordance with State Statutes. The matter was taken under advise- ment by the Council until August !~, 1953. Attorney Edward J. Rubens presented a plat of Shady Grove Park being Lots 17, 18, 19, J. C. Rainer Subdivision of SW1 and W~ o£ SEA, Sec. 10, T-6-N, R-8-E on appeal from the Planning Commission, who had rejected the plat on July 9, 1953, in as much as it did not conform to the requirements of Ordinance No. 16l:. The Couneil was advised that the only change made in the original plat was changing the name of Fordyce Street to Ford Street. Mr. Bernard High, owner of the property, stated the subdivision was to be developed for minority housing. After discussion, motion was made, passed, and adopted that action on the Flat be "tabled" until the next meeting of the Council. Mayor Fordyce informed the Council that after considerable study it had been ascertained that a charge of 75¢ per linear foot of the frontage of property on the setaer system lines would enable the City to proceed in issuance of sewer bonds for additional construction. After discussion, the following resolution was introduced in writing and read, in full by Alderman Bollinger, who moved its adoption: RESOLU`PION SETTING A DATE FOR A PUBT IC HF'ARING ON PROPOSED SE61ER CONNECTION RATES BE TT RESOLVED by the City Council of the City of West Memphis, Arkansas: SECTION 1. That the City Council sets 7:30 o~clock P.M. August 1:, 1953, as the date for a public hearing on the proposed new rates for sewer connections, and that the City Clerk shall publish notice of said heating one time in the CRITTFNDEN COUNTY TIMES, in substantially the following form; NUTICE OF HEARING Notice is hereby given that the City Council of West Memphis, Arkansas, has under consideration an ordinance establishing rates .for connection to the municipal sewer system, as follows: Tn addition to the X30 now being charged by the City of West P4emphis for the ptu•pose of paying the cost of labor and material from the sewer main to the property line of the property being connected, the City will make a charge for connection upon the basis of the size of the property being connected, to-wit: A charge of 75¢ cents per linear foot of t}re frontage of said property on the lines of said sewer system. These connection charges shall be paid in cash at the time the permit for connection is secured. The monthly sewer service charges as fixed by Ordinance No, 10$, passed and approved July 21a, 19~~5, shall begin to app]_y as soon as the connection is put into actual use. ~~ All persons are hereby notified that a public hearing on the proposed connection charges will be held in the Council Chamber in the City Halp in West Memphis, Arkansas, at 7:30 osclock P.M. August ({, 1953, at which time all users of the sewer system and-the owners of property served or to be served thereby, and others interested, shall have the opportunity to be heard concerning the proposed rates or charges. QIVEN by order of the City Council this 21st day of July, 1953. s y- erk S);CTICN 2. It is hereby ascertained and declared that in order to protect the lives and health and property of the citizens of West Memphis, it is necessary to improve and extend the municipal sewer system; therefore, an emergency exists and this resolution, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. The motion was seconded by Alderman Finley, and alter due consideration thereof by the Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None. Whereupon the Mayor called to the Councilss attention that the Resolution adopted contained an emergency clause and suggested that specific action should be taken by the Council on this clauso. Section 2 of said resolution was then read the second time by Alderman Bledsoe, Whereupon, motion was made by Alderman Burrow and duly seconded by Alderman Rowton that the emergency clause o£ said resolution be adopted, and the roll being called, the following voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nays None. Whereupon the Mayor declared said motion duly adopted and said resolution duly passed, and signed his approval to said resolution and the City Clerk was directed to spread the same upon the records of the City of West Memphis, Arkansas . The Fire Departmentss second quarter report for 1953 was submitted by Fire Chief Whit Murphy. The report was read, and motion made by Alderman Bledsoe and seconded by Alderman Powers: That the report be approved and the Chief be commended for the report. Upon vote, the Alderman voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None. Mayor Fordyce informed the Council in order to carry out a malaria control program it would be necessary to secuxe a grant from the Light & Water Department. Thereupon, motion was made by Alderman Bollinger and seconded by Alderman Bledsoe: That the Council recommend to the Light & Water Commission that a grant of X2,500 be made to the City General Fund to aid in malaria control in the City. Upon vote, the Alderman voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Powers, and Rowton. Nay: None. A statement in the amount of $250.00 from Attorney Wallace Townsend was presented to the Council. After discussion, motion was made by Alderman Burrow and seconded by Alderman Rowton: That the City pay Wallace Townsend the fee of $250.00 for services rendered, and he be further authorized to proceed with matters in connection with Sewer Revsnue Bonds. G~ The Building Inspector presented the following building permits he had authorized to be issued, motion was made, passed, and adopted to confirm the actions of the Building ]hspector in the issuance of the following permits: Lion Oil Co. George Berry West Memphis High School R. H. Monger Annie J$ekson. Annie Jackson Ruthie hones Carrie Smitherson Mary Parker Viola Jones Mrs. F. E. Denson-2 R. H. Monger-2 Henry Ri_dgly-2 No further business appearing before the Comicil, motion was made by Alderman Bledsoe and seconded by Alderman Rowton to adjourn. iJpon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley. Foster, Powers, and Rowton. Nay: None. l~~i~r~~ R ATTEST: ~, ~f ~_ " ~['Y CLARK APPROVED: AUGUST ir, 1953