September 5, 1953n F.
MINU'I'T~,S OF A Sl'nCIAT Mr1;TZTiG OF TIIi; CI'I7 COUNCIL OF THli CITY OF WEST MEMPHIS, ARItAP1SAS,
_ ___, _ .._.- Hl~D 11P1D I-Ln'LD Ol`1.SEFTIIIBER 5, 1953. ___ "
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The Council of the City of CJest Tlemphis met in a special session at the City Hall
in said City at 2;30 P,T1, en the 5th day of September, 1953.
The meeting was called to order by the TTayor, and the roll being called there were:
Present: IRayor W, B, Fordyce presiding and the following Aldermen: James Bledsoe,
0. I. Bollinger, John Btu row, Freeman Finley, Ctu tis Foster, A. R. Planchester,
T. B. Powers. and C. H. Rot,rton; City Attorney Atlee IIarris.
Absent: City Clerk W. R. Seaton.
P4ayor Fordyce stated all .f~ldermen being present and in accordance tiri_t,h
Ordinance Ito. 219 the meeting would open for the transaction of any buairuess that may
]_egally come before the Council.
Playor Fordyce announced the first order of business would be consideration of having a
Special Censu^> to enable the City to receive additional turnbaric funds from the State of
Arkansas due to the increase in population £x•orn the 1950 census. Information on procedure
from the >~partment of Commerce, Bureau of Census, was read to the Council. After discussion,
motion alas made by Alderman Bollinger, and seconded by Alderrn<~.n Rowton: That the Mayor and
City Clerk be and they are hereby authorized to execute necessary papers and take necessary
steps to obtain a Specia7_ Census. Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Durroir, Finley, Foster. 1`Ianchester, Towers, and Rowton.
Nay: None,
P1ayor Fordyce informed the Council that the request of Mr. Jack Rich for approval of
the streets in the Rich Eastern Addition to the City of West T4emphis zrould be considered
at this time. It was brought to the Councils attention that the agreement signed with
T•Ir. Rich on June 10, 1952, had provided for concrete streets in the Addition. Mr. Robert I~'allis
of J. W. Rich Company was present and stated to the Cotutcil the plans for concrete streets
and a new type curb and gutter had been abaztdoned in favor of asphalt streets and conventional
type cux•b aaid guttez• upon refusal of Federal Housing Administration to approve the new type
curb and gutter. I~1r. C. H. Bond, Jr., Engineer on the Project, was contacted and requested to
meet with the Council and state his opinion on the street construction.
2°1r. Bond advised the Council the streets were tirell constructed and in his opinion blacktop
streets when well constructed have a ]_ong lasting surface. After. discussion, motion was made
by Alderman Bledsoe and seconded by Alderman Finley: That the City accept the streets in the
Rich Eastern Addition upon letter of recommendation from C. H. Bond, Jr. Civil Engineer, being
filed. Upon the matter being called to vote, the following Aldermen voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Tlanchester, Powers, 'and Rowton.
Nay; Btu row,
The Mayor declared the motion duly carried.
Letter of recommendation from C. H. Bond, Jr. Civil Engineer as follows:
West Memphis, Arkansas
September 5, 1953
City of West Tfemphis
West Ilemphis
Arkansas
Attention: TTayor W. B, Fordyce
Gentlemen:
As engineer and inspector on the street projects in the Rich Eastern
Subdivision I have fully inspected all street construction i_n this
subdivision, and they are built out of concrete curb and gutter, two
inch asphalt pavement, abase composed of six inches of compacted
gravel and fora inches of compacted selected material These streets
were constructed according to specifications and were under inspection
during all phases of construction,
Yours very truly,
/S/ C. H. BOND, JR.
CIV1Z ENGIlVEER
The City Attorney presented the follo'rrirrg Iiai.ntenance Bond for sewer. system in
Mich eastern Addition that he had. approved:
PIo . 2 51)t 31Lt
TIIis FIl)EI,l':["L AIID CA£;U1lLTY COPh'ATdY OF DI W YOR}f
I1AI2dTPPIAIdCE BOPI')
I1VOW ALL i`~N BY TI3?3St. PR}?SL;I~dTS, That ere, Worth Ja~~res, d/b/as WOiITH J9T9LS
Cc~ilSi~tUCTI0P1 COi'1PAPIY, of Little Rock, Arkansas, herei_naftex• referred to as
the Prinr_i.pal, and ~HI~) FIDELITY ADI_D CASTJALTY COPi'ell1Y OF' Dtsld YORK, herein-
after referred to as the Surety, are held and firtnl_y bound unto THB CITY OF
WEST r1(~;tIPIITS, ARKAPISAS, hereitza`'ter called the (better, in th.e sum of
TGdFPITY I1TIJ'r!, THOTJSAPID, FOU11 HUNDRe:U AI~di) ol`TE AND NO~1.O0 DOLLARS (2S,Lt01.00),
1.arrful money of the United Stat;es of Atnerica, .for paynnent of trhich vre, and
each of us, out^ successors anal assigns jo:i_ntly artd severa7_l.y hereby bind
ourselves by these presents.
WIIk?.Rt,AS, WORTH JAP~IES COIdS'.PftUCT:IOt1 COIiPAI~•fY, as general contractor, did by means of
a tax•i.tten aT;reement beating date oi' 1iay 5, 1953, ent;et into a contract with
J. W. Rich Construction Compant* for setrage itnprove~,tents at Rich eastern
Addition, West Memphis, Arkansas, and
6dHF?R?A5, the Principal txndertool: to and. did perform the work tahi_ch teas included
in the af:•ox•ententi.oned written agreement, and
[d1C3R.I'.A the Fri_rtcipal has guaranteert the trorl~ as follows:
"ode guarantee. under the condition herein. that during a per•iocl of One Yeax• from
date of completion of the ttor•}:. August 2ith, 1953, tee trill make any repairs rt.rze
to faulty t-rorlananshi.p or fault; materials."
P101d, T[L57LFORI), the condition of this obligation is such that, if the rinci.pal,
or its representatives. successors, or assigns shall tsell. and tru7_}> perfox•m and
observe all and singul.ar• covenants, agreements, stipul.ati.ons anc? conditions as
shetnt above to be performed and observed by the Principal, then this ob].i gat,i on
shall be void., otherwise to remain in full force and effect.
Signed, sealed and dated this 26th d.a,y of Aur~ust, 1953.
i~TIlT1E3S
GJOR'i.'H JAMES COI1STIil7CT:Cr~P1 C(,IP:'AlIY
TI Ili F:I!)liL:CTY AIdD CAS~UAJ,TY COIIPASIY
/S/ F. G, 1•dILJ,IAi-`iS OF I'J`4d YO^~f~:
By: /S% LOiIIS ROSi.t;
Louis Iio$et7, ~1tt Cx'ne~yr
rlot;ion teas matte by Alderman Bollinger artd secon~:led. bye Alder•tnan Bledsoe: That the
Council accept the set~rer system in the Rich Eastern luldi.i,ion. Upon vote the
0.1dex^•t~n voted.;
t'~ye: Bledsoe, Bollinger. Finle;;>, Foster, lanr_hester, Fetters, a-td Ro~zton.
Platir• Ilene,
Ilayor Fordyce itrSormed the Council tlta+, on August ~, 1953, a hcct:r_in~; had been
had on a proposed ordinance establishing neta rates for see-see connections and no aotin_n
Leas taken on ttte matl;er at that: time nor si.nc°, hoarever, the matter had been discussed
on numex•ous occasions. Tna.stnuch. as before the hea:rin; and. since that tame a study oi'
the revenue of the Setae r• I)ep1:•tment had been male and ascert.ai_ned that additional. revenue
would be necessary in order to prevent tlxe Setter Depar. ttnent from shotaing a deficit Lrhen
the proposed ~p750,000.00 sewer bon::ls are issued, he t~ras o~°_ the; opinion that the proposed
ord:i.nance appears to be the most equitable plant devised and renuested that defini to action
as {;o the a.d.npt,ion er .rejecti.nn of the ord.i.nance be tal-en.
!? number of the developtes of the city had been infor•nted of the Special tTeetintT and
I's. A. tididdicotnbe, Idr. Arth.ttr Oliver, IIr. Albert Thomas. ?,h°. Bi.ily` I1cAuley, and.
Ib•. ?obert Fa17is trere present, a1_so netrspaper ~°epr:•esentat;ives. A discussion was had on
the matter by the Council. and other interested persons present. Tha resolution passed
on July 21, ]_953, adopting the amount of 75¢ per linear foot of the :frontane of said
property on the lanes of said sewer system Lras brought to the Counci.lts attention. The
p!„oposod ox•d:~rtance was read in f'ul_]. by the City «tt•orney, and the arnottnt of 75¢ inserted
as per the resolution and the ordinance reread. iiayor Petdy-ce called for a vote cn the
amount of 75¢, gird the Aldermen voted as :E'ollotas:
Aye: Bollinger, Bur•rot.r. Porters, Bledsoe, and tanchester.
Play: Rorrton, foster, acrd Firtl.ey,
~! ~
'Phereupon the ordinance entitled "An Ordinance Fixing The Rates To Be
Charged For Sewer Connections By The T•lunicipal Sewer System Of The City Of
West Tlemphis, Arkansas, And eclaring An Emergency" was introduced in
writing and. read in fu17_ by Alderman Bollinger.
Alderman Burrot~r moved that the rule requiring said ordinance to be read in
full on three different days be suspended, and that said ordinance be placed on
its second reading; motion eras seconded by Alderman Tdanchester, and thereafter
the Iiayor put the question on the adoption of said motion, and the roll being
cal)_eri, the following voted:
Aye; Bo1l.inger, Bm~row, Powers, Bledsoe, and Pianchester.
Tday: Rorrton, Foster, Finley.
1•~tzereupon the Playor declared the motion duly passed and said ordinance
placed on its second reading. The ordinance was then read the second time by
Alderman Bleclsno.
Alderman Fot-rers then moved that said ordinance be now placed upon i.ts final
adoption; motion was seconded by Alderman Burrow, and after due consideration
thereof by said Council, the Playor put the question on the adoption of the motion,
and upon the roll being called, the following voted: "
A,y~:: Bollinger, Burrotr, Pourers, Bledsoe, and Tlanchester.
Tday : Rowton, Foster, Finley.
t^7hereupon the Playor declared the motion duly carried and said ordinance
placed upon i s final reading and adoption.
Said ordinance was read. in full by Alderman I;anchester who moved its adoption,
seconded by Alderman Burrow, and after due consideration thereof ry said. Council,
the I.ayor pint the question upon the adoption of said motion, and upon passage of
said. ordinance, and the ro1.:L being cal:Led, the following voted;
A.ye: Bollinger, Bturorr, Fotrers, Bledsoe, and T•ianchester.
Iday: Howton, Foster. Finley.
~Jhereupon the Tfayor declared said motion duly adopted, and called to the
Cottncil~s attention that the ordinance adopted. contained arz emergency clause and
suggested that sped-fie action. should be taken by the CounciJ_ on this clause.
Whereupon motion eras made by alderman Bollinez• and duly seconded by Alderman Burrow
that the emergency clause of said ordinance be adopted, and the roll being called,
the following voted:
Aye: Bollinger, Buz•roi.*, Powers. Bledsoe, and T~Ianchester.
Nay: Rozrton, Poster, Finley.
Whereupon the Playor declared. said motion duly adopted and said ordinance duly
passed, and. signed his approval to said ordinance and the City C7_erlc was diz•ected to
spread the same upon the record. oi' Ordinances of the City of West Plemphis, Arkansas,
and to have same published as x•equi.red by law. and to number said ordinance No. 2E;2.
Said ordinance to Vrhich no amendment was offered. read as fol.loirs:
~~L
ORI)IldAIJCl IIO, 202
i[II 0}iT)_QJAtJCT. Il.aIJU i'ItC I?Il'PI;,`3 TO B.F C}kngr,;.n p~np, ,~T;at ~'~'Tl}; ;r.IIOI}S ?3Y THII IrUJT!~T?.EL
OT~IT';Fl "ti:7PTr? (t;~% 'P1Ir; CTTv C!f 6fi"~;aT :~r!_HI^. A.fl~'h.2~ P,:;, PT}') n~~C7:,~.ri!7~IG 11ti ~~~?7z,IlUEP}CY.
i=7Fil;R.I:.AS, the City o.f itTest Irenrphis, A_x•]cansa^, Dims axici operates a murt9_ci.pal
setrer system trhich is i.n the px•ocess of being enlarged and er,t,ended and. it, becor;e.^
necessary to fi7' rates for net.* connections t~ith the setrer; and
i^]}l1RT;nr propex•ti_es that begin using the setrer syster; on and after this da.t:e
have enjo~red -the benet'i.t of a.vai.lable setrer services aru1. the attendasrt increase in
va7_ue without charge, anti tail.I_ not bear a prnpox•ti.nnate part of the cost of said
s~,rstem; Harr. thex•e.fo:re.
IrZ'3 LT O1Z~A:IT?~,1D b~ the City f~ounciJ. of the City o' i,rest I?emphi.s. ~r•hastsas:
SECI'ICIJ 1. That on artd after the clat;e of the passage of this ordinance, the
charT;es for com~ect.ion 'to the setrer system shall. be as :fol:f.a.rs:
In acldi_tion Lo the 1;;30 notr being; chax•ged. by the
City of West. I'err,pYri_s for the purpose o-~ paging and
cost of 7_a.bor anti. mater:i.al from the sewer main to the
property line of the property being connected, the
City tai).7. make a charge for conrter.t,ion upon the basis
of the ;ize of the property being cannect,eci, to-wit:
I, c}rarge of seventy-five cents per 7_i_near root
of the frontage of said. property an the 1i.nes
01' :,aid setrer systen.
These connection cha?•~;?s sha7.l be paid in cash at
the true the pex•mi.t for ccrtnect:i_cn i_s secured. The mantti~v
setrer service charges as fi:.ed. by Ordinance IIo. lOti, passed
and approvers Ju7_y 2Lf, 1~!iK, shah. bef;i.n to apply as soon as
the cerixxection is put into actual use.
Su:C'P_I:OPI 2. It is hereby ascertained and. declared that in order to protect the
lives and health and property of the citizens of West Iierrphis, it. is necessary to
improve and e:, tend the mu.ni_cipal setrer system; therefore, an emergency exists and
this ordinance, beiif; necessary for the inu~diat:.e preservation of the pub7..c peace,
health and safety,-, shalt. take e_°fect and be in forr.e fx•om and after i_ts passage.
PJo ftu•ther business apk>earing before the Council., r:totion wa.s made by- l1ld.errta.n
Rorrton and seconded by 111rserman Tinley to adjous•n, and upon the matter being called
t~o vote, the following vote:.l:
^,,;'r: Bl.edsre, t3o~linger. Bur.ratr. Finle~.~, Foster, ilanchester, i'ouex•s, and Ilotrton.
Tlay: }Jong,
Ili °l "T G C/G'/
~~_~__~. ~lI'Y CLP;R}
A':'_.!OTP;]): SF.F'Trt3?1BP;ii lr~ lcr,'3
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