September 21, 1954MINUTES OF A REGULAR i~ETIP}G OF TIC: CITY "OUNCIL OF T}?E CITY OF WEST h]LPTFHIS, ARKANSAS, HAD
AND. HELL] GPI SEPTEPI%:I? 21, 1954.
The Council of the City of Y1est P'?er~phis root in a reeula:' sessiorr:.t the City Ha11 in
said City at 7:30 F.M. on the 21st day of set;to,,rLr.r, 1~4.
The meeting tires called t.o order by Mayor ii, s, Frice, and upon roll call them were:
Present: Aldermen James B1.edaoe, 0. I. Bollinger, John Bur,°ow, r'reeman Finlay, L'urtis
Paster, tl. R. Aiarzchest~r, F'. ". Powc;rU, ::cn:t ::. }i. Fjowton; Cit.s~ dttor•ney Atlee
Harris and City Clerk ~~. R. Seatcuz.
Absent: Plone.
i9inutes of Cc~zncil Mee~t:ings on `~~~~P=+um'oer 7t'r and 1',th were read and apI_rove.d. Aldcrm-an
Burrow requested that his exeepticn to the approval of the+,,,mutes of S.op:temLor ~'t;h be noted
as to the approval of Bi11 of Assura;:ce and zani.ng ordinance for Avalon Heights Addition
doe to the ylat of the Addition being i.n his opinion ?Dull an,l Void.
Attorney J. :}. Shears presented plat requesting resubdivision into five lots I_•ots 8
and 9, Block 3, Rich Eastern Addi.t,i.on to West Memphis, Arkansas. Attorney Spears informed
the Council single family residences are to be constructed in Block 3 instead of apartment
buildings, therefore, the owner was requesti.nt; the area be rezoned from C Multiple Farrrily ~;
to A Single Farui.ly Residence Area. Excerpts from minutes of Planning Ccm~russion Nieet_ing
on September 9th recorrunendi.ng to the Council approval of the resubdivision and zoning were
read. After discussion, motion was made by Alderman Finley and seconded by Alderman roster:
That the recommendation of the Planning C anmission to approve the resubdivi.sion of Lots ~ ''
and 9, Block 3, Rich Eastern Addition to the City of west Piernphis, be approved; and the City
Clerk be and he is hereby authorized to have notice of hearing for rezvn:ing the area from I
C. Multiple Family to A Single Farrdly Residence llistrct n_ublished, and date of hearing be
set for Cctober 19, 1954, at 7:30 F.M.
Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, surruw, Tinley, .Foster, Plar~chester, I'otirers, and Rowton.
Nay: None.
Attorney Spears requested the Council's opinion on the platting of the area in t:hF
proposed Rich 2nd F,asterzr ='-dditi on to the `~i ty cf ~•+est PL~:ni his inasmuch as the developer
is cont~smplatint platting the area along the east bank of the bayou in one blor.k. It
was brought to the Council's attention the bloc}; would be longer than block dimensions pro-
vided by Ordinance No. 16Lr. After discussion of the proposes plan, adjacent subdivis_i.ons,
and fut~zre development o.f the area, the Oouncil was of the ppinion the area should be
platted into two blocks and suggested the division Ue made to coincide with Goodtirin
Street extended, also i.f the division was made at Goodwin thereby necessitating one of t,hc.
blocks being longer than provided by Ordinance No. 161, the additional. length wozil.d be
approved.
Mayor Price appointed the following as members of the Hoard of Flumbi.ng Exa;ni-hers:
I. M. Hanna, Joe r. Mr, Kay, Harvey White, and B. E. Busby.
After discussion, motion was made by Alderr•~an rjledsoe and seconded by Alderman Rowton:
That the appointment of I. M. Hanna, Joe E. McKay, Harvey lvhite, and B. ~. Busby as members
of the Hoard of Plumbing E'~carni.ners be confirmed. Upon vote the hldermen voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, ^'anchester, Powers, and Rowton.
Nay: None.
Mayor Frice informed the Council Uids will be received until 12:00 Noon on October
6, 1954, for construction of the water works improvements, and the Light ~ vdater Cormzris-
sion will men>t at 2 F.M., October b, 1954, to analyze the bids. Also, notice for bi,}s
for the construction of the new Lines and pwmping Station for the 13th Street Trun}c
Sanitary Sewer should be published and bids received zip to 5 P.M. on October 5, 1951, and
will be opened and read at the Council Meeting on October 5, 19511, at 7:30 F.M.
Vacating of streets in M. L. Thompson Subdivision within the property purchased by
the City for site of reservoir was discussed, and City Engi.ne:.r James Iicwell was requested
tc obtain legal description of the streets for the vacating.
Mayor Frice informed the Council Mr. llalas Raney of '1'. J. Haney & Sons of Little
Hock, Arkansas, had met with the Cormnittee appointed for obtaining ways and means to
finance construction of proposed fire station at 7th and Thompson Streets; and at this
time Mr. Raney would present the matter to the Council. Mr. Raney advised the Council
the outstanding Non callable Ad Valorem Bonds would be retired by funds being placed in
escrow, and additional bonds be issued for construction of fire stations and improvements
to the City Hall under the present five mill Ad Valorem tax. The follotiri_ng proposal was
presented by Mx. Raney.
Honorable Mayor and City Council, City of West ?1emFi~is
'v7est Memphis, Arkansas
Gentlemen:
We understand that your city needs to secure approximately d6 278000.00 for the con-
strurtion of fire stations and remodlin & enlar~sin it Ilall
and that you now have outstanding ~7~,000 bonds of an issue dated July 1, 191 issued
lznder Amendment No. 13 to the Constitution of the State of Arkansas and for payment of
which there has been voted a 5-mill tax.
f7e are of the opinion that it may be possible to call a portion of the bonds now out-
standing and to escrow sufficient funds with the trustee bank ~ meet the principal and
interest payments on that portion of the bonds now outstanding that are non-ca11aU1e.
If it is legally possibly to do this and to issue the new bonds, we offer the following
contract for your consideration.
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1. You propose to issue not to exceed ~ 279,000.00 in refunding and construction
bonds, and we agree to find a buyer for these bonds at a price of 100 cents on the
dollar and accrued interest for bonds bearing 3 1/1~% interest at your public sale, plus the
premium necessary to call your 3 3/4~ bonds and the amount of interest necessary to be
escrowed to meet the payments on your 4;$ non-callable bonds.
2 The sale is to be upon the condition that the electors of your city will vote a
5-mill tax for the payment of these bonds.
3. If the election on the issuance of the bonds does not carry we agreo to pay all the
expenses of the retained municipal bond counsel. If the election carried and it is im-
possible to sell the bonds in time to secure funds to call that portion of the bonds
that are callable by the call date, January 1, 1955, we agree to put up the money for
the call until the delivery of the new bonds can be made.
!~, The buyer shall have the right to convert from 3 1/!~~ bonds to bonds bearing a lower
rate of interest, conversion to be figureg according to the Universal Bond Values Tables
and subject to the approval of the trustee and approving attorney.
5. The bonds are to be callable in inverse numerical order at par and accrued interest
until February 1, 1959 from surplus tax collections and construction funds; they are
also to be callable on or after February 1, 1959 at par and accrued interest, on any
interest paying date, from funds from any source.
6. 1n consideration of our guaranteeing to secure for you a buyer who will pay you
100 cents on the dollar and accrued interest for bonds bearing j 1/4~ interest at your
public sale, plus the premiwn necessary to call your 3 3/1t~ bonds, plus the amount of
interest necessary to be escrowed to meet the payments on your !~~ non-callable bonds,
plus paying all expenses incident to the issuance of these bonds which includes the
printing, trusteeing, approving attorney's opinion and publishing o£ ordinance, you
agree to pay us for our services all the premium you receive for the bonds in excess of
our guaranteed price up to 3~ of the face value of the authorized issue before conversion.
7, If the bonds cannot be issued for any reason, you are under no obligation to us.
Yowrs very truly,
T. J. RANEY & SONS
BY s Dallas P. Raney
ACCEPTED this the day
of September, 195
CITY OF WEST I°tfiMFHI5, ARKANSAS
BY
Mayor
BY
-ity lerlc
After discussion, motion was made by Alderman Rowton and seconded by Alderman
Finley: That the Mayor and City Clerk be and they are hereby authorized to accept the
foregoing proposal presented by T. J. Raney ~ aons:
Upon vote, the Aldermen voted:
Aye: Bledsoe, Dollin};er, Burrow, Finley, Foster, Manchester, Fowers, and Rowton.
Nay: None,
Mayor Price announced the committee representing the Council and Chamber of
Commerce consisting of Aldermen Bledsoe and Rowton and President of the Chamber of Com-
merce, Mr. W. K. Ingram, met with Mr. Dallas Raney to consider financing of street
improvements in the city, end the meeting would now be open f. or a discussion on creating
Special Improvement ~istricta for paving, sidewalks, curbs and gutters and storm sewers
in the City. P4r. Raney explained the proced,zre and requirements for creating improve-
ment Districts as to property valuations, manner of assessing, type, and approximate
costs of improvements. Thereupon, t•he following proposal was presented by Mr. Haney:
Honorable rlayor and City Coiuic5.l
of the City of West Memphis
West Memphis, Arkansas
Gentlemen:
In connection with the authorization, issuance and sale of the City's proposed issues
of paving, curb, gutter, and storm sewer improvement district bonds, we respectfully
subm9.t the following proposal to assist the City in negotiating the sale of these
issues:
1. We will cooperate with the city officials, assessors and the engineer in determin-
ing the proper basis for assessing benefits and the proper rate of levy.
2. We will cooperate with the city officials and engineer in establishing the proper
boundaries of each district.
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1i. 67e will employ a recognized municipal bond consel to prepare the necessary ordinances
and/or resolnti-ons, and will pay fer the approvinE; opinion of such municipal bond counsel.
5. We wi.l]. prepare and apy for the printing of the bond fox•ms to be signed by the proper
officia]s.
(, For your paving, r..urb, gutter and storm sewer improvement district bonds, we guarantee
a buyer t.o purchase your bonds at a price of 102.50 cents on the dollar face value plus
acrrued .interest, k~hcy buyer shall have the r°ight to convert the bonds to bonds bearing
a lowAr rate of interest, conversion to be figrred n.ccording to the Universal. Bend i~alues
Tables and sukiject to t•hs approval of the trustee and the ap;:roving attorney.
'], The bonds shall. be ca].l.able at par in inverse numerical order from surplus conetruct:ion
money and surplus collections, and shall also be callable at par from ar>y source after five
years.
8. Surplus collections, after setting aside orr: year's principal and interest req~.rire-
ments, sha7.1. be used only for call i ng bends in advr+nce of mattrri ty .
9. The bonds shall be advertised fo~• bids at a public sale.
1.0. ode agree to pay all e xpenses incident tc the issuance of these bonds rahich i.r,cludes
printing, trusteeing, ap!rc~ving attorney"s opinion, and publication of crdinancos.
11. I±, is mut."ta17y ~m~'Arstned and agreed that the city wi.l_1 premptl.y adapt. a.l.l. necessary
crdi.nance^ and,/or rF . ol~,}> ens per+:a ning tc the i.ssuan^r. and sale cf the bonds in :>uch
forms as are satisfactory t.o the retained municipal. bend counsel. and will i;ake such other
stems as such counsel. may r<.qu-re to enable tl,erri to ren~.ier an tmgnalified opinion ~.ipen
the legality o.f the authorization, issnancc~ anti sale of the bonr'8,
l2. In ronsiderati_nn of our guarantceini; a buyer fer your boruls who will pay you 102.[0
ceu+,s an i,he do7_lar fare value and ac~rr»r~d interest for 3 1 2 ;~ bonds at your publi_r.
sale, and for ear paying all. expAnsss in^i~9snt t:> the issnarce of these bon ts. c„hick in-
cludes the painting, t,rust•eeing, apprcving• atl;crney~s opinion, and publication of the
ordinances, you are t,o pa.y us for our services 2 1/2:'~ of the face •aaltte cf tae authorized
iss,:.es before conversion..
Yours very tr~_tl.y,
T. J. R1lP?L?`i ~ SONS
BY I)a:tlas F. Raney
A.",CE'F'TL;Li Tli.[S Tl~ LAY
OF. , 79KLi.
CTT'Y Of ca1I:S1' ME1?PHIS, AEKADISAS
BY , A`^ycr
L'Y , Ci.ty'~%lerk
After. disc"?scion of the proposal, motion was made by ~~`lderman nledsoe and secarcded
by Aldo rman Ro,.,t.on: That the Mayor and k%i ty C1~ rF; be and t.hcy are hereby authorized to
accept the proposal as pres~n+~.e•~i by P7r. Dallas Raney in behalf of T. J. Raney a Sons.
upon roll. call -rote, the Alderman voted:
Aye.: Bledsoe, i}ol.7inger, Finley, Fnst.er, A`anch«_ster, Fnt,~er~, and Rowtcr;.
D?a~r~ Arno.
Al.cl~=rmFn. Furrow abstained from voting s tatin,g he desired a.clcli.ti.enal +a me to study the matter.
T":ayor F'rt ne pre >~•n`ed a rr?sol uti on tt at h d beer. prepared by the ~'~.i ty Attorney and
At:tcrncys represent.; nc; +,he Gitw in the Frop..sed ar~,nehativn c:f }kulber•ty Ar kansas. After
dsrnssicn, motion was made by Alderman Fowcr•s. and seconded by Aldex•trart k'inley: That
the following resolution he adt+pt:ed:
RES OLU`f ION
WIIERSAS, the following described lands lying anti being situate in t:he Corutty of
Crita.enden, State of Arkansas, to-tri.t:
Beginning at the center of Section Thirteen (13), Townshi;: Six (6) North,
Range 1';ight (8) East; thence Fast 264Q feet to the quarter-section corners cf
Sections Thirteen (13) and Eighteen (18j; thence ~ottth 2220 feet to the North
.right of way line of the Rock Island Railroad; thence in a Noz•t:.heasterly di.t•-
ection alont; the said right of way line 1360 feet; thence in a Scutheasterl.y
direction at a right angle 380 feet; thence at aright angle in a Alertheasterly
d.i.r•ection 1150 feet to the city lirrd.ts of West flemphis; thence in a Southerly .
direction 410 feet to tkre Alorth line of the right of way of the Memphis to
Marianna branch of the M.issour~i. Facific Railroad; thence in a Southwesterly
direction along the North. line of the said railroad right of wa.y 1rti60 feet to
the intersection of t•he North line of the South Half of the South Half of
the NortY, Pialf (S2 S2 N2) of Section Twenty-fear (21~); thence West along said
line 1x000 feet: to the section. line between Sections Twenty-three (23) and
Twenty-.four (2!~); thence North 1°80 feet. to the Southwest Corner of said
Section Thirteen (ll): thence East 261x0 feel, to the quarter-section corner
`~ ~.
constitute contiguous territory to those lands embraced within the corporate boundaries
of the City of west Mempphis, Arkansas; and sa_i.d lands and the City of West Memphis both are
situated in Crittenden t%ounty, Arkansas;
WHEREAS, it i_s desirable that the City of west Memphis, Arkansas annex the territory
above described for the following reasons:
1. A substantial portion of said lands is plotted and held for sale and use as
town or city lots;
2. The remaineder of sia d lands is held to be brought on the market, and sold
as city property when it reaches a value corresponding with the views of the
owner;
3. Said lands furnish the abode for a. densely settled community and represent
the actual growth of the City of west Memphis beyrond its legal boundary;
L~. The City of West Memphis, in order to provide water for the use of the inhabi-
tants of said territory and for the fire protection of improvements within the
territory, has extended its water system into the territory; now in order to
further protect the health and safety of the general community, including both
the inhabitants of the City of west Memphis, and the inhabitants of the terri-
tory above described, it is necessary that the sewer system and streets of the
City of West Memphis be extended into said described territory;
K. In or. der that the general cornmtuiity, including both inhabitants of the City
of West Memphis and inhabitants of the described territory, may have adequate
police and fire protection;
6. For many ether reasons obvious to the Council and too numerous here to en-
umerate;
N06,j THEREFORE, BE IT RESOLVED BY 1'HE COUNCIL OF T11E CITY OF WEST P'IEMPHIS, ARKANSAS,
TIiA1'
The question of the annexation tti the City of West Mengahis, Arkansas, of the terri-
tory speci.fi.cally described above is hereby submitted to the qualified electors of the
City of West Memphis, and, as notice of said submission, there shall be a publication
of this resolution in a newspaper having a bona fide circulation in the City of West
Memphis on a date at least one month priorto the next annual election;
BE IT FURTHER RESOLVEDs
That the question as to the annexation by the City of West P4emphis, Arkansas of the
territory specifically described above shall also be submitted to the qualified electors
of the City of West Memphis, Arkansas, by prirhti_ng upon the ballot for the annual elec-
tion the description of the territory above described in such a manner that the electors
may indicate by their ballots as to whether they favor or oppose the annexation t,o the
City of West Memphis of the said territory;
BE IT FURTHER RESOLVED:
That in the event a majority of the qualified electors at the election aforesaid
shall vote in favor of the annexation to the City of 4dest Memphis, Arkansas, of the
territory hereinabove described, then the proper officials of the City of West Memphis,
Arkansas, are hereby instructed and directed to take any and all appropriate steps
necessary, desirable or expedient to complete the annexation of said lands and terri-
tory, or any part thereof, to the City of West Memphisi Arkansas, as may be now or
hereafter provided by law.
PASSED: September 21, 1954
APPROVED:
/s/ Howell B. Price
P4AYOR
ATTEST:
/s/ W. R. Seaton
CITY CLERK
Upon roll call wrote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers and Rowton.
~ {
j Play: None.
An Ordinance entitled '~Trai.ler and Campsite Ordinance" read the first time on
September 7th was read the second time by Alderman Manchester, who moved the second
reading be approved, the motion was seconded by Alderman Bollinger. Upon vote, the
Aldermen voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, I~~nchester, Powers and Rowton.
Nay: PdonE:.
n ~~
`~' /. ~~
moved the second reading be approved, the motion was seconded by Alderman Fosters Upvn
vote the Aldermen voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Planchester, Fowers and Rowtcn
Alay: Burrow
The Mayor declared the motict; advpt.ed.
The following letter from Building Inspector B. E. Busby was presented:
Honorable H, B. Price
and Members of City Council
West Memphis, Arkansas
Gentlemen:
Complying with Section 1V of Ordinance 1Lt2, 1 list below properties which in
my opinion should be condentrted as constituting a fire hazard ar,d violating sanitary
laws as specified in Ordinance 223. These buildings should be condemned at once
under Section E' ar Ordinance 112.
7U8 Thompson
711a Thompson a.nd Stera.ge shed.
Yours very truly,
Bernard E, Bt.rsby
Inspector
After discussion, motion was made by Alderman Bollinger and seconded by Alderman
Powers: That the Building Inspector be authorized to proceed with demolition proceedings
i.n accordance with Ordinance Ito. 11,:2. Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Burrvw, Finley, Foster, Manc}tester, Powers and Rowton.
Nay: Ilene
Ilayor Price informed the Council he had prepared a statement for the newspapers as
to the opposi.t,i on of City officials of Memphis and. the Memphis newspapers as to the generating
plant in West P1emphis. After discussion, the Council expressed views of appreciation and
for the Mayor's statement., and requested resolution be prepared by the City Attorney on the
matter and presented for consideration of the Counci-1 at the next meeting.
The Building Inspector presented the following building permits he had authorized to
be issued, motion was made, paGsed, and adopted to confirm the actions of the Bni.lding
Inspector in the issuance of the fc~llatiri ng permits:
Wayne Ca1.1is
Bur]. Srm~tYt
Lewis Jones
Clayton Garrett
Lamar I.. Rodgers
J. PI. Bettis
Realty Sales Ancl Dcv~V].~pment Co, - 16
H, ~3. Stafford
Gertrude Iinbbard
E. E. Tate
Abe ~. I~Zi.l.tor~ Si_mpki.n & Ben Alel4nn
Mayor Fries informed the Counci 1 matters of Importance pertaining to the bond issrzes
would be ready°'-Per consideration on September 2Rth, thereupon, motion was made by Alderman
Bledsoe and secencled by~ alderman Fin]_ey: That the m°eting be adjourned until i:30 F.A1, vn
`)r-F~ternbcr 2F, 19[!t.
Upvn vote, the Al.dcrm~=r: ~: ctc:ci:
Ay-e: Bledsoe, Bolli.nger,, Sorrow, Finley, Footer, Pda.nchP;,te.r, Towers and Rowtvt?.
Dlay : Ilene .
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aycr
ATTEST:
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y.eI7C -_- -.
AFTRUV]?,L: OCTOBER 5, 1951-t