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October 19, 1954~p 'I~ ~~~ ~ ~ MITIUTES OF A REGTIIAR T>LI'sTIP1U t)F '1'FDs CI'CY COUPdCII~ OIL' TIC? CI7.7 OF WLST PIE'MPH>;5, ARKANSAS, HAD APdD HiLD CPd OCTODER 19, 1951;, The Council. of the City of West Memphis met in a regular session at the City Hall i.n said City at 7;30 P,M, on the 19th da.y of October, l9,!}. The meeting was called to order by P~ayor H. B, Frice and. upon roll. call there were: Present: James Bledsoe, 0. I. Bo1.li.nger, John Burrow, Freeman Finley, Curtis Foster, A. R. Manohester, P, $, Powers, and C. II. Rowton; City Attorney Atlee Harris and City Clerk W, R. Seaton. Absent: PJone . It being determined a quorum was present, the follovri.ng proceedings vmre had to-vrit: Reading of Minutes of previous Council. meetixlg was dispensed with. Playnr Price announced the first Dreier of bus:i.ness would be hearing on the rezoning of Lots 8 to 12, both inclusi~re of.' the Re-subdivision of hots 8 and 9, Block 3 of the Rich Pastern Addition. Ido one appear_i_ng to object to the rezoning, the Mayor stated the ordinance for rezoning would be presented. An ordinance entitled "An Ordinance Incorporating The Fractional Northeast quarter (NI;1) Of The Southeast C~uarter (SF..41 of Section Eight (8), Township Six (5) Dlox•th, Range Nine (9} East; The West Half (W~) Of The Tdorthraest C)uax•ter (PJW) Of Section Twelve (12 ), Township alx (6) Plorth, Range Ei_ghi; (8) cast; And. All. Of Bloclc A, Including Lot Twenty-Two (22 ), Of The henry Craft Additi.nn As Reflected By Flat Of Record In Plat Bnol: _1 At Page 111 In 79xe Office O.f. The Ci.rcttit Clerk and I+:x-Officio Recorder Within And I'or Crittenden Cowity, A.rL-ansas, To The City Of West Memphis. Crittenden County, Arkansas." was read the second tune by Alderanan Manchester, who moved the second reading be approved, the motion was seconded by Alderman Bledsoe, and after due consideration thereo.E' by said Council, the P}ayor put the question on the adoption of the motion, and upon the roll being ca.l:ted, the following voted: .Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers• and Rowton. P}ay : I'done . Attorney C, B, Dlance, Jr, in behalf of Mrs. Ptildred B. Cooper presented a replat of certain property owned by P'!x•s. Cooper in B7_ock B of the E. B. Crawford Addition to the City of West P'femphi^,. The Courlcil_ was informed that the Planning Commission on October 1Ltth had recommended approval_ of the replat. Aftser full discussion of the same, motion was made by Alderman Finley and seconded by Alderman Foster: 'that the Council approve the replat o.f property i_n Block B of F, B, Craw.fnrd Addition. 1}pon vote, 'the following voted: Aye: Bledsoe, Bol.)_inger, Bur_r~o*.a. Finley, Foster. TMTanchester, Powers, and Rowton. Nay: Tdonr:. Attorney G. B, Nance, Jr. mentioned to the Council. the present need for a Digest of the Ci.tyts ordinances, and requested the Council. to give the matter cons:iderati.on. City Attorney Atlee ITarr_i:s rep7_ied for the Council and explained plans and hopes of the City for having the ordinances printed. Miss Jean Duffy or 2:)1G Pd. Worthington and PIr. W. P1. Crawford of 218 N, Worthington appeared before the Council.. to protest to operation of large trucks on Worthington Drive and the parking and working on the trucks in the neighborhood, whi.rh i_s a .residentia)_ as•ea. Playor Fr_ice advised the matter would be investigated.. An ordinance entitled "An Ordinarce To Zone Blocks Light, To Fifteen (8-1K) Both Inclusive of Second. Rich E'astarn Addition To The City C)f West Memph:i_s" was read the second time by Alderman Bollinger, vrho moved the second. reading be approvr_.d, the motion was seconded by Alderman Powers, and after du«>. consideration thereof by said Council, the Tiayo:r put the question on the adoption of the moi;ion, and upon the roll being called, the following voted: Aye: B:1_edsoe, Bollinger, Burrow, Finley, Foster, P~kenchester, Powers, and Rowton. PJay: None. Playor Price informed the Council. the Light & trlater. Commission on October 12, 19Kl~, had rejected. the bid oi.' Plarkwell.. & Hartz of PlempPtis, `.Pennessee, on the water reservoir, anal recommended the awarding of. the contrast 'to Franl: Ti. Iee & Company of 41est Memphis. A7_derman John Burrow protested the action of the Commission and read copies of letters and to:legrams of re c.ornmendat:i.on in behalf of Markvrell. & Hartz. Af-ter discussion, motion was made by Alderman Bledsoe and seconded by Alderman Powers: That, the Council approve the action of the Light & Water Commission in awarding of the water reservoir. etc. contract to Frank H. Lee & Company of West P4emp}ri.s, and the Mayor and City Clerk be and the~~ are hereby authorized to execute the contract which 'is as follows: 43 corisTRUCTIOri coraTRACT This Contract, made and entered into this )~;h day of October, 1954, by and between the FRANK H. LEE & CO. party of the first part, hereinafter called the CONTRACTOR, and the CITY OF WEST N~riPHIS, ARKAr?SAS through its governing body, and authorized representative, party of the second part, hereinafter called the OTiJNER, witnesseth that the parties hereto do mutually agree as follows: The CONTRACTOR shall, in a good and workmanlike manner. and at his own cost and expense, furnish all labor, materials, plant and equipment necessary to conet~rct a SOO,000 gallon concrete reservoir, an aerator, chbrinator house, and allied work which will include furnish- ing and installing a chlorinator, tiro high service pumps and related electrical wiring and controls, as set forth herein and as shown on the drawings. It is expressly understood anal agreed, by the parties hereto, that the Index, Notice to Bidders, Information for Bidders, Contractor-s Proposal, Bidderrs Glualif ications, Construction Contract, Performance Bond, Special Conditions, General Provisions, Technical Specifications, attached hereto, the accompanying drawings and any additional instructions and drawings, in explanation of all details and changes, which may be furnished to the contractor are each and all, by reference hereto, incorporated herein and together with the Construction Contract constitute the Contract. The CONTRACTOR shall. begin work under this Contract on a date to be specified in writing by the OW21ER, or his duly authorized agent, and shall faiithful7.y execute and fully complete all work thereunder within 120 consecutive calenciax• days from and after said date. The CONTRACTOR agrees to e,cecute a Performance Bond, in the form attached hereto, in an amount equal. to not less than one hundred. percent (100,') of the contract price frith a surety or sureties satisfactory to the OWISSER. 7n consideration of the faithful pez•formance by the CON`TitAC1.'OR of all terms, conditions and covenants of the Contract to the satisfaction of the OWNER, the OWNER shall pay and the CONTRACTOR shall receive the lump shuns or unit prices stipulated in the Contractor's Froposal far the total. amount of FIFTY-SLK T1i0USAND FOUR IIUPiDRED FIFTY-SEVGPJ dollars and no cents, 056,457.00) as full compensation for all work furnished and installed by the COr1TftACTOR under this contract, except that the final contract price shall be subject to adjustment in accordance with the actual. quantities of work furnished and instal.7.ed. Payments for said work shall be due and payable as .follows: On the first day of each month, or as soon thereafter as possible, the CONTRACTOR. shall prepare and submit to the Oi•>rlERrS Engineer for approval a duly certified estimate of the work performed and the value thereof, during the preceding calendar month. The estimate shall include all labor and materials incorporated in the worl: and all materials suitably stored at the site of the work. Upon the approval of the estimate by the Engineer, and not later than the fifteenth day of each calendar month, the OWrIER shall pay to the CONTRACTOR ninety percent (9®~) of the value of the estimate. Final. payment shall be made to the COrTRACTOR by the OWATER within thirty (j0) days after; (a) the completion of the project; (b) the approval by the Engineer of all work performed under the Contract; (c) the acceptance of the work by the OWr?ER; and (d) the preparation by the CONTRACTOR and approval of the Engineer of a final estimate of the cost, of the completed work. Final payment to the CCrdTRACTO?i shall equal the approved estimate of cost less the aggregate of al_1 previous payments to the CONTRACTOR. Upon the completion by the CONTRACTOR. of all work covered by the Contract lloctunents and prior to final payment to the CONTRACTOR for the work performed, the CONTRACTOR shall deliver to the OWrIER releases of all liens and of rights to claim any liens, in a form satisfactory to the OWIIER, from all material suppliers and Sub-Contractors furnishing labor and materials for the px•oject and an affidavit, in a form satisfactory to the OWrdER, to the effect that all labor used on or for the construction of the project has been paid. Neither the inspection of the Engineer or OWrIER or any of their employees, nor any order, measurement or certificate by the Engineer or OWh?ER, nor any order by the OWNER for payment of. money, nor any payment for, or a.eceptance of the whole or any part of the work by the F~ngineer or OWIJER, nor any extension of time, nor any possession tal•;en by the OWr1ER or its employees, shall operate as a waiver of any provision of this contract, or of any potirer hers in reserved to the OWNER, or any right to damages herein provided nor. shal]_ any waiver of any breach of this contract bo held to be a waiver of any other subsequent breach. Any z•emedy provided in this Contract shall be taken and construed as cumulative; that is, in addition to each and every other remedy hez•ein provided, and in addition to all other' suits, actions, or legal proceedings, the OWNER sha7.1 also be entitled as of right to a writ of injunction against any breach of any of the provisions of the contract. 7N WITNESS WHGRFOF, the par°ties hereto have caused these presents to be executed and have hereto set their hands on the day and year first above written, OWNER Witness: (J. N, WOOD) CITY OF I~ST r'IFT°IPHIS, AR_K_Ar?SAS (HOWL,LL B. PRICE - MIlYOR) (W, R. SEATOId - CITY CI~RK) CONTRACTOR FRAPIK. H, LIB Rr. CO, /''~<,~ '7IC C.~ ~~:,a upon roll ca7l_ vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Finley, Foster, Powers, ana Rotaton. Pray*: $tu•row and Manchester. Mayor Price declared the motion du7.y carried. T.he following purchase orders from the Light & Water Depax•tment trere presented: 5-19(3]. McWane $'r3, 307.50 S-198L4 General Electric Supply 1 092.24 S-7.985 Tennessee Va.7_ley l~ 549.86 5-1986 McWarle 18.61j5.00 5-1987 Westingthnuse Electric Co. ~1aC0,K0 P1oti.on was made by Alderman Bollinger ~rxd seconded by Alderman Rotaton: That the Council approve pw•chase or.•ders from the Light & t^Tater Department as presented. upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Btu•rota, Finley, Foster, T;anr_hester, Potters, and Rotator. }lay: Pdone . Attorney J. I}. Spears a_rr behalf of the orr7ter of Rich Eastern Addition presented ord;_n.ance rezoning Lots 8 to 7_?_, Block 3, An ordinance was introduced i.n writing and read in fu:11 by Alderman Bollinger, Alderman Bledsoe moved that the rule requiring said ordinance to be read in fu7.7_ on three different day*s be suspended, and that said ordinance be placed on its secanci reading; motion was seconded by Alderman IwlancYrester, and thereafter the Mayor put the question on the adoption of sa.i.d motion, and the ro17_ beint_; called, the fo7_~otring voted; Ayre: Bledsoe, Bollinger, Bux•row, Fin7_ey, Foster, Panchester, Pormrs, and Rotators. Play: Tdone. [~Thereupdn the PTayor declared the motion duly passed and said ordinnance pl.acecl on its second reading. The or.•dinarxce tans then read the second time by Alderman Bw~row. Alderman Potters then moved that said ordinance be now p7_aced upon its final adoption; motion was seconded by Alderman Rowton, and after due consideration thereo'' by said Council, the Player put the question on the adoption of the motion, and. upon the roll. being called, the folloting voted: Aye: Bledsoe, Bollinger, Bux•rota, Finley, Foster. T'tlnchester, 1'otrers, and. Ro*.•rtcn. Play: None . riJherenpvn the Mayor declared. the motion d^.tly carried and said ordinance placed upon its final reading and adoption. Said ordinance ttas read in full by Alderman Fester who moved its adoption, seconded by Alderman Firx7.ey, and after due consideration thereof by said Cvunci7_, the Mayor put the question upon the adoption of said motion, and upon passage of sa:i_d ordinance, and the roll. being called, the following voted: Aye: Bledsoe, Bollinger, Burrvta, Tinley.. Foster, Manchester, Powers, an~-1 Rotator. Nay: Tkone . 6•]kxereupon the ilayor called to the Cottnci.l~s attention that the ordi.na.nce adopted contained an emergency c7.arise anal suegested. that specific action should be ta'cen bar the Council on this c7.ause, Whereupon motion was made by Alderman Bollinger and duly secvnded by ~+7.dermon Bledsoe that thv emergency ca7.use or sa.ict ordnance be a~,-led, and the roll being ca1_led, the fell owing voted: Aye: BJ_edsoe, Bo7.7inger, Barrett, Finley, Fost;er, rTanrhester. Powers, and Rottton. ?day: None. 4~ihereupon the Player decl_ar. ed. said motion duly adopted and said ordinance ci~.tly passed, and signed his approval to said ordinance and the City Clerk eras directed. to spx°ead the same upon the record v? Ordinances of the City of Z^Test Plemphis. Arkansas, and to have same pub7.ished. as reraui.red by 7_aw, and to rn~nber• said. ordinance No. 285. Said ordinance to which no amezx~irnent loos et'fered rear} as fvllotrs: `#:' ~ F ri _ _: -.._ _ -- . ORDII~1AIdCE N0, 285 AIQ ORDItJ.ANCE TO RE-ZONE LOTS EIGHT (8) TO 'I'trIELVE (12) BOTH INCLUSIVE ID1 T1IE RE-SUBDIVISION OI' LOTS EIGHT (d) Ai1D NINE (9), BLOCK THREF (3) OF THE RICH EASTEIZDI ADDITION TO THE CITY OF Y1EST MED2PIiIS, ARKADISAS Wlif'ItEAS, Application was made to the Planning Commission that Lots Eight (8) to Twelve (12) both inclusive of the Re-Subdivision of Lots Eight (8) and Dune (~), Block T1>r•ee (3) of the Rich Eastern Addition to the City of West Memphis, be re-zoned to an °A" Single Family Residence District, and GTI~'REAS, Dlotice was du1.y published in $ie Crittenden County Times on September 2~, 1954 of a hoaring to be held before the City Council at 7:30 p.m. on October 19, 19514 for hearing objections to re-zoning said. lands, and WHEREAS, no persons have appeared to protest re-zoning, now, therefore BE IT OHDAII~lF.D BY THE CITY COUDICTL OF THE CITY OF WEST MEMPHIS: SECTION I. "A" SINGLE; FADI:LLY RESIDEPICE DISTRICT: That Lots Eight (8) to Twelve 1 both inclusive of the Re-Subdivision of Lots Eight (8) and Nine (9), Block Three (3) of the Rich Eastern Addition to the City of West Memphis he, and the same are hereby zoned a.s an "A" Sing7.e Family Residence District. SECTTOPI II, ORD7I~IA.DICFsS IIV CONFLICT IiEREWITH REPEAI,IU: All Ordinances or parts of. nrdnances ?.n conflict heretaith are hereby repealed. SECTICDI III, is'IviRGi;IgCY CLAUSE: it appearing to the Council that said lands were ortgl-'-'Wally zzoned as a "B" Diulti Family District and that said lands are not-r in the process of being developed. into homes for single family occupancy; and this Ordinance being necessary for the immediate preservation of the public peace, health and safety and general welfare of the c3.tizens of ylest Memphis, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage and approva.7_. Mayor Frice info*~ned the Council.. Crittenden County is in process of cor_structing a wooden bridge across 15 nrile bayou cut-off at Avalon Street, hot-rever, he was of the opinion it would be a.dvanta.geous to the City .for the bridge to be a concrete bridge; and Cotutty Judge A. E, Miller had agreed the County would. place the piling and furn_1.sh the labor if the City would. furnish the concrete slab. The necessity for the birdge and a width of 36 feet with walkways on each side was discussed. City Engineer James FIo~re11. advised the Council the bridge wou7.d be 60 feet long and cost approx,imatel.y yj,5,000. There- upon, motion was made by Alderman Manchester and seconded by Alderman Powers: That the Council authorize City Engineer James Howe l7_ to proceed with plans to construct a 60 x 3~ foot concrete bridge. Upon vote, the Aldermen voted: Aye; Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Pot'rers, and Rowton. Ilay: Dione , The following accounts payab]_e were presented: GEDff~~IZAL Advertising Alovel_t•y Co. j>56.ZG5 Ark. Paint &_ Glass 2.50 Ask. State IIi_gh~ray Comm. , 75 Ba17_ Trucking Comparty 1.10.00 Barnett Auto Supply 6,1.40. Hcrace S. Brown 1().50 Boz~rers & V1ood Welding Co. 60.30 Bragg Auto Co, 6,22 Clement Tractor Co. S,Oo Choctaw, Inc, 566,52 Conyers Sign Service 45.00 Crittenden County Times 329.25 Corps ai Englsteers 2.l~O Delta Ice Co, 35.70 Dacus hbr. Co. 3.06 Bob Duncan q,75 Eden Pontiac Co. 2!4,7(1 Esso Standard Oil 8~?7, K7 Farmers Supply 68.175 Fi<ami_l.ton C1i.nic 1.4,00 Holland 7rtplement 1.98 Jolxnson Auto Co. 65, 92 Hen*~,,= A. Johnson 5.20 Ben Kli_nke Motor 1.01.4.68 Is'. GPI. Logan, Jr. 12.1.41 McCaa Chevrolet Co. ~~19.69 Arkansas Bitunmis Co. y$ 853.714 McMillen Implement Co. .25 Ball. Trucking Co. 81;.50 May, Graves, TleCaa, Inc. 207.38 Choctaw, Inc. 16.52 Manning Lbr. Co. 11.4.03 Garrison Ready Mi;c 7,02 Merit.*ether Apothecary 2.15 Hairkins Eqpt. 27.514CR101.25 TZid South Ox:yger. Co. 10,28 Ben Klinke Motor• Co. 1x2.3ti Ozbur•n-Abston & Co. 92.11 McCaa Chevrolet Co. 15.94 Paper Products Co, 22,1x.1 T•lissour'i ~aciiic F.R 2?_1.111 Peoples Implement Co. 13.02 Peoples M©rc. Co. 6.63 Ray Electric Co. 2.1x5 J. A. Riggs Tractor Co. 77.51 J. A. Riggs Tractor Co. 20.22 Russell. Tractor Co. 1.7.85 Choctaw, Inc. 1.35.55 Saunders Lawnmower Co. 9.20 Farmers Supply Co. 7.20 Spalding Tire Co. 56.18 Hanna Plumbing Co. 2.5.92 Tayloe Paper Co. 1x0.09 Ozburn Abston & Company 3.51 United Insurance Agency 65.84 Tennessee; Valley lectric Suppl y West P~Iemphis Machine & Welding Shop 7.00 100.66 West Memphis Scrap Iron & Metal 4.1x4 i4allin, i)iclcey ~ Ri_ch Lbr. Co. 10.20 Fred C. Wallace, Ivy 10.00 Trlest Memphis Electric Motor 7,56 'r7ray Williams Blue Print 3.26 Wallin, Dickey & Rich 2.50 Ward Publishing Co. 4.27 Motion was made by Alde.rrnan Bledsoe and seconded by Alderman Powers: That the ac counts as lisi;ed be approved for pa~~ment. Upon voi;e. the Aldermen voted: Aye: Bledsoe;, Bollinger, Burrow, Tinley, Foster, T!ancliester, Pourers, and Rowton. Nay: None. Staternerrt of A. E. Heagler, Consulting Engineer Tor Payment for Supervision Over Construction on Thirteenth Street 'Trunl; Sewer to be divided into ten equal paymen ts and payable semi-monthly in amount of 0535.69 was present. After discussion, motion was made by Alderman Rotaten and seconded by A]_derrnan Bledsoe: That the Mayor and City Cle rk be and. they are hereby authorized to issue checks semi-monthly as outlined in the amount of x535.59 from the Public Utility Bond Construction Fund. Upon vote, the Aldermen voted: Aye; Bledsoe, Bollinger, Burr our, Finley, Foster, ranchester, Potaers, and Rowton. lday: alone . Statement of A. E. I-Ieaglar, Consulting Engineer, for. engineering services rendered in the survey, design, plans end specifications, estimates of cost; advertising and tabulation of bids. aurarding of contract, a]1 for the Thirteenth Street Trunic Sewer in the arnourrt of :635.79 was presented. After discussion, motion was made by Alderman Bol linger and seconded by Alderman Bledsoe: 17rat the Mayor and City Cleric be and they are hereby authorized to issue check. :in the amount of ~}635.79 to A. ,. Heagler fro3a the T'ubli.c TJti lity Bond Construction Fund. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Ma:~chester, Potaers, and Rotaton. Nay: None. Alderman Burrow requested information on dedication oi' additional land by Guaranty Loan and Real Estate Company .for major street in Avalon Heights Addition. Grdinances of the City on subdivision requirrnents and matters pex•taining to development of the city urere discussed. Mayor Price informed the Council the Planning Commission on September 7th had recommended the reducing from 80 feet to 60 feet the requirerarrt for major streets ixr the City, and a meeting of the Council, Planning Commission, and Light & Mater Commission was being contempated to study the City~s Planning Program. Aldermen Bledsoe and Finley and City Attorney Harris informed the T?ayor it was necessary for them to leave and Caere excused. Mayor Pri.re reported to the Council. on the status o.f the Improvement Districts. The Buil.di.ng Inspector presented the foll.ouring building permits he had authorized to be issued: Lemon Thornton Briggs -Spicer John and Sarah Curtis tnTillie Bolton 6dillie Sample Woodrow Compton 6darden L. P. Gas .Jest Plemphis Gin Thompson Grocery Motion was made by Alderman Pourers and seconded by Alderman Rowton: That the Counci_1 confirm the action of the Building Inspector in the issuance of the building permits presented. Upon vote. the Aldermen voted: Aye: Bollinger, Burrour, Foster, Manchester, Potaers, and Rowton. Nay: TJone. No further business appearing before th and seconded by Alderman Powers to adjourn. Aye: Bollinger, Burrow, Foster, T~lanchester, Nay: None. ATTEST:_~%,~ r,I'I'Y CLERK e Council, motion was made by Alderman Foster TJpon vote, the Aldermen voted: Pourers, and Rowton. ~ - ~~ _ ~~ ~ ~~ r~A~- APPROVED : NOVEP'IDER 2 , 195