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August 17, 19543 ~l MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON AUGUST 17, 1954. f ' -_ ,~ The Council of the City of West Memphis met in a regular meeting at the City Hall in said City at 7:30 P.M, on the 17th day of August, 1954. The meeting was called to order by Mayor H. B. Price and upon roll call there wares Presents James Bledsoe, 0. I. Bollinger, John Burrow, Curtis Foster, A. R. Manch®ter, P. B. Pavers, and C. H. Rowton; City Attorney Atlee Harris and City Clerk W. R. Seaton. Absents Alderman Freeman Finley. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Regular Council Meeting on August 3rd, Adjourned Meeting on August 9th, and Special Meeting on August 13th were read and approved. Members of the Light and Water Commission present wares A. P. Daous, Charles J. Upton, Leonard Warden, and John N. Wood. Absents Toney Patera. Mayor Price announced the meeting being a point meeting of the Council and Light & Water Commission the first business would be the aonsideration of the bids for the construction of sanitary sewer improvements Jefferson Avesme Truck Sewer. After discussion, motion was made by Commissioner John N. Woods That the low bid of Barnet Brezner be reheated. The motion was seconded by Commissioner Upton, and upon vote the Commissioners voted: Aye: Upton, Wood, Warden, and Dacus. Nay: None. Thereupon, the Mayor entertained a motion from the Council as to the refection of the low bid. Motion was made by Alderman Bledsoe and seconded by Alderman Rowtons That the low bid of Barnet Brenner for construction of sanitary sewer on August 9, 19$4, be rejected. Upon vote, the Aldermen voted: Ayes Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nays None. The specifications were considered, and it was ascertained that it would be to the best interest of the City that the item of 1100 yards of concrete be deleted from the bid and be considered as an extra item. Thereupon, the bid of Worth James Construction Compasp• was found to be the low bid. After discussion, motion was made, passed, and adopted by the Light & Water Commissions That the Commission recommend to the Council acceptance of the bid of Werth James Construction Company. The recommendation of the Commission was considered, and motion made by Alderman Bollinger and seconded by Alderman Fosters That the contract for construction of Sanitary Sewer Improvements - Jefferson Avenue Truck Sewer - be awarded to Worth James Construction Company, and the Mayor and City Clerk be and they are hereby authorized to execute the following contract: CONTRACT AGREEMENT SEWER 1MPROVEMENTS JEFFERSON AVENUE TRUNK LINE SANITARY SEWER WEST MEMPHIS, ARKANSAS THIS CONTRACT AND AGREEMENT, MADE AND ENTERED 1NT0 this day oP , 19 , by and between the City of West Memphis, Arkansas, Party of t e~s~ Part, act~n~F~ough its duly authorized representative, and ar y o e aeon ar , nesset s 1. WORK TO BE DONE. The Contractor, Party of the Second Part, for itself, and for its heirs, executors, administrators, successors, and assigns, for and in consideration of the payments to be made to the Party of the Second Part by the Party of the First Part, as hereinafter provided, hereby agrees, at its own expense, to £urniah all tools, lab0a, equipment and materials (except concrete sewer pipe, wyes, tees, bends and covers which will be furnished by the Ossner), and to build, install, and/or construct all of the sewerage improvements, accessories, and appurtenances in exact accordance with the Plans and Specifications on file with the City Clerk, West Memphis, Arkansas and the terms, conditions and provisions of this Contract and of the instructions, orders, and directions of the Engineer made in accordance with this Contract. 2. CONTRACT DOCUMENTS. It is agreed by the Parties of this Contract that the Advertiaemet for Bids for the letting of this Contract, Instructions to Bidders, the Proposal, Stipulat~ns, Speoial Provisions and the Specif ications, both General and. Detail, for prosecuting the work, which are contained in this volume and the plena exhibited and on file at the office of the City Clerk, whether expressly mentioned herein or not, shall constitute integral parts of this Contract. 3. CONTRACT PRICE, It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done under this agreement the unit prices or lump sum amounts named in the Proposal which is horeto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the specifi- cations; provided, that 10$ of each payment due will be withheld until final completion and acceptance of the complete work, whereupon such balance as is due to the Party of the Second Part will be paid, 1~. CONTRACT TIME AND LIQUIDATED DAMAGES. The Party of the Second Part agrees, for the consideration above expressed, to begin work within ten (10) days after being ordered to begin work by the Engineer, and to complete the work within one hundred and eighty (180) calendar days thereafter. If the Party of the Second Part shall fail to complete the work in the time herein specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the sum of Fifty Dollars 050.00) for each day delayed, which shall be deducted from the final amount to be paid under the contract. 5. CONTRACTORS SURETY. The Party of the Second Part agrees to furnish a bond with an approved surety thereon for the faithful performance of this contract, as required by the laws of the State of Arkansas, and for not less than 100 per cent of this contract. Said bond shall be conditioned on full and complete performance of the contract and for the payment of all labor and materials entering into or incident to the proposed improvement and shall guarantee the work against faulty workmanship or materials for a period of one year after completion. The 6urety or said Bond sha].1 be a surety company of financial resources satisfactory to the Party of the First Part, and authorized to do business in the State of Arkansas. 6. The Farty of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen~s Compensation Insurance in amounts as required by these specifications. WITNESS OUR HANDS THIS DAY OF ! , 19~ CITY OF WEST MEMPHIS WEST MEMPHIS, ARKANSAS WITNESS: Party of the rs Par y er By y au or ze o c a SEAL WITNESS: Affix Corporate Seal here (if. any). Contrac oar - Party of t e econ Par. BY le iNYF?;iF Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nay: None. Attorney J. H. Spears appeared and informed the Council of a plan proposed by his Client for the financing of the Fire Station on Thompson Street. Messrs. Rubens and Brick, Attorneys, presented a ~lat of Shady Grove Subdivision being Lots 17, 18, 19, J. C. Rainor Subdivision of SWh and W2 of SE4 Section 10, T6N, RBE, The plat was considered and found the addition of two forty foot streets would be essential. Thereupon, motion was made by Alderman Bledsoe and seconded by Alderman Manchester: That the plat of Shady Grove Subdivision be amended according to requirments of the Council as to the streets and presented at a later date. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Foater, Manchester, Fowers, and Rowton. Nay: Burrow. The Mayor declared the motion duly adopted. ~~l Mayor Price presented the following purchase orders from the Light & Water Department for consideration: McWane Cast Iron 5-1902 Westinghouse Electric S-1901 Tennessee Valley Electric S-1903 General Electric S-1f30f3 After discussion, motion was made by Alderman Foster and seconded by Alderman Burrow that the purchase orders presented be approved. Upon vote, the Aldermen voted: Ayes Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nay: None. An ordinance for the zoning of Avalon Heights was presented, and Bill of Assurance that had been recommended for approval by the Planning Commission on August 12, 1954, was also presented. After discussion, motion was made by Alderman Burrow and seconded by Alderman Bledsoe that the Ordinance and Bill of Assurance be taken under consideration until plat is amended and/or corrected to 'meet requirements and speoiPications of the City~s Ordinances. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nay: None. Mayor Price presented the following letter from Fire Chief Elmo Anderson: August 17, 1954 Honorable H. B. Frice and Members of the City Council Gentlemen: I would like to advise you of the 30th Annual Arkansas State Firemen~s Convention to be held at Harrison, Arkansas, August 23, 24, and 25. The Convention was to be in our own City this year but as most of you know, it was impossible for us to carry out the p]ana. I would like to take this opportunity to extend to you and members of the City Council, our City Attorney and any City Official an invitation to attend this 30th Annual Arkansas State Firemen's Convention. Yours very truly, Elmo Anderson if;HY,HY,„- Alderman John Burrow requested reading and presentation to the Council of a letter from Chief Anderson same being a report of Executive Boards decision on application of Odis Ball as a member of the Fire Department. Thereupon, the following letter was presented: June 12, 19511 Honorable H. B. Price, Mayor, and Members of the City Council Gentlemen: A meeting of the Executive Board of the Fire Department was held on June ll, 19511, for the purpose of acting on the matter of accepting or rejecting Mr. Odis Ball as a member of the department. By a majority vote of the Board Mr. Ball was rejected as a member. Respectfully submitted, Elmo Anderson Chief of Fire Department ;~ ::~;~ An ordinance entitled "An Ordinance Creating And Establishing A Civil Defense Agency: Providing For A Director Thereof; Granting Certain Powers; Prescribing The Duties Thereof; An For Other Purposes" that was read the first time on August 3, 1954, was read the second time. Motion was made by Alderman Rowton and seconded by Alderman Burrow: That the second reading of the ordinance be approved. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nay: None. The following Accounts Payable For Month of July were presented to the Council: SEWER REVENUE Bowers & Wood Welding & Machine Shop ~ Crane Company 65.60 Choctaw, Inc. 24.45 Fairbanks, Morse Company 124.00 McCaa Chevrolet Co. 12.06 Ozburn Abston & Company 15.21 Rays Electric Company 2.39 West Memphis Electric Motor Service 2.25 STREET IMPROVEMENT Arkansas Bitumels Company $3,369.23 Ball Trucking Company 1,525.00 Bessire & Company 13.93 Choctaw, Inc. 711x.96 Bob Duncan ~ 9.60 Farmers Supply Co. 1.90 Hawkins Equipment Co. 4G5.oo McMillan Implement Co. 204.00 Manning Lumber Co. 69.98 Missouri Pacific Railway 659.31 Pidgeon Thomas Iron Company 3.43 Taylor Machinery Company 83.60 GENERAL Barnett Auto Supply Co. $ 20.37 Bowers & Wood Welding & Machine 5.92 Hragg Auto Co. .75 Horace S. Brown 55.50 J. B. Cook Auto Machine Co. 6.00 Crittenden County Times 193.82 Dacus Lumber Co. .77 Esao Standard Oil Co. 1,063.71 Wesley Estes 10.70 Dr. James R. Fall 13.00 Farmers Supply Co. 15.70 Fire Engineering 6,00 Garrison Ready Mix Concrete Co. 338.00 Goe Electric Co. 9.43 Hamilton Clinic 2.00 Roy Pugh Abstract Co. 11.00 0. J. Hatton 5.75 Hays Supply Co. 2.85 Johnson Auto Co. 40.34 Henry A. Johnson 32.13 Kaplan Cleaners 3.50 Klindworth Insurance Agency 291.12 Julius Lewis 54.95 MoCaa Chevrolet Cg. 9.36 May, (craves, McCaa, Inc. 65.46 Mid South Oxygen Co. 3.66 Ozbuizn Abstan & Co. 1 89.70 Peoples Mercantile & Implement Co. 45.51 Public Adminiatration'Clearing 2.50 Rays Electric Co. 117.75 Remington Rand, Inc. 9.60 J. A. Riggs Tractor Co. 27.91 Road Builders Equipment Co. 140.00 Road Builders Equipment Co. 63.36 Russell Tractor Co. 56.36 Saunders Lawnmower Shop 9.21 Spalding Tire Co. 13.48 Sunm~ar Fire Prevention Service 4.50 Taylce Paper Co. 1115.69 S. C. Toof & Co. 118.15 Tropical Paint and Oil Co. 46.22 Charles J. Upton & Co. 5.00 Ward Publishing Co. 10.71 West Memphis Electric Motor 8.52 West Memphis Machine & Welding Shop 26.17 West Memphis Toggery 7.60 West Memphis Veterinary Hospital 202.00 Wolf The Tailor 44.85 Zep Manufacturing Corporation 60.70 Delta Ice Co. 40.80 ~cJ Motion was made by llderman Burrow and seconded by Alderman Foster that the Accounts as presented be approvedt Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rot.rton. Nay: None. Mayor Price informed the Council the City had rented a tractor for $27Lt.00 from McMillian Implement Company of West Memphis and for an additional $261.00 the tractor could be purchased by the City. Thereupon, motion was made by Alderman Rowton and seconded by Alderman Bledsoe: That Ferguson Tractor be purchased from McMillian Implement Company in the amount of X261.00. Upon vote, the Aldermen voted: Ayer Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nay: None. Mayor Pric® requested assistance of two members of the Council to work with him on planning Impx•ovement Districts in the City. Aldermen Bledsoe and Rowton were recommended by the Council to assist the Mayor. The Mayor adviaed_he would request the appointment of two members of the West Memphis Chamber of Commerce to assist and help the committee. City Engineer James Howell advised the Council the Garbage Department was urgently in need of a new truck. The matter was taken under consideration by the Council. The Building ?nspector presented the following building permits he had authorized to be issued, motion was made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of the following permits: William Campbell. Elizabeth Patron Ma11sa Rainey Carrie Shelly Church of Ood Vernon M. Randolph A. J. Lee St. Louis and Frisco RR Walter Pitts J. H. Spears - 2 Earl Jackson KWEM Studio Memphis View Homes Council Stevenson B. Larkin Curtis S. Davis Action of the Planning Commission on denying building application of M. M. Dickson was sustained by the Council. No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Powers to ad3ourn. Upon vote, the Aldermen voteds Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton. Nays None. ATTEST s ~~/-~C . _ _-~--- CITY CLERK ~- YOR APPROVED; SEPTEMBER 7, 1954