May 3, 1956MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF' THE CIT1 OF WEST MEMPHIS, ARKANSAS,
_ HAD AND RELD ON_ 1~ 3. 19~,
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The Council of the City of West Memphis met in a regular session at the City Hall
in said City at 3:00 P.24. on the 3rd day of May, 1956.
The meeting was called to order by the Mayor, and upon roll call there were:
Present: Mayor H. B, Price presiding and the following Aldermen:
James Bledsoe, C. I. Bollinger, B. J. David, Bob Eden. J. E, Himes,
F, B. Powers, and L. E. Rolason; Gity Attorney Atlee Harris and
City Clerk S. L. Sims.
Absent: Alderman R, Fi. Ray, Jr.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meetings of April 5, ]2. 17, and 19th were read and there being no
corrections or alterations they were approved as read.
The first order of business was receiving of bids for Sewer Improvements for Hulbert
Area as Advertised. Bids received as follows:
Forsgren Brothers; Fort Smith, Arkansas v~92,090.90
Pardue & Humphrey, Memphis, Tennessee 113,992.00
SJ. K. Ingram Construction Company, Weat Memphis, Arkansas 91,883.45
After discussion of the bids, motion was made by Alderman Bledsoe and seconded by
Alderman David: That the contract be awarded to the low bidder, kT. K. Ingram Construction
Company, and the Mayor and City Clerk be and they are hereby authorized to enter into
contract with said W, K. Ingram Construction Company as follows:
CONTRACT AGREEMEPIT
SEWER IMPROVEMENTS
HULBERT AREA
WEST MEAIPHLS, ARKANSAS
TH[S CONTRACT AND AGREEMENT, MADE AND ENTERED INTO this (7th) day of (May), 1956,
by and between the City of West Memphis, Arkansas, Party of the First Part, acting
through its duly authorized representative, and (W, K, Ingram Construction Co.) Party of
the Second Part, W]:TNESSETH:
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 furnish all tools, labor,
equipment and materials (except concrete sewer pipe, wyes, tees, bends and wye caps
which will be furnished by the OFmer), 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 Enginer made in accordance with this Contract.
2, CONTRACT DOCUMENTS. It is agreed by the Parties to this Contract that the
Advertisement for Bids for the letting of this Contract, Instructions to Bidders, the
Proposal, Stipulations, Special Provisions and the Specifications, both General and
Detail, for prosecuting the work, which are contained is this volume aad the plans
exhibited and on Pile 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 sad final compensation for all work done under this agreement
the unit prices or lmnp sum amounts named in the Fropoeal which is hereto attached, such
payment to be made in lawful money of the United States, at the time and in the manner
set forth in the specifications; provided, that 10~ of each payment due will be withheld
until final completion and acceptance of the complete work, whereupon such balacne as is
due to the Party of the Second Part will be paid.
4• 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 oae hundred and twenty (120)
consecutive 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 Pa6,
as liquidated damages ascertained and agreed, and not in the nature of a penalty, the sum
of Fifty Dollats ("50.00) 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 leas 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 sad materials entering into or incident to the proposed improvetrnnt
and shall guarantee the work against faulty workmanship or materials fora period of one
year after completion, The Surety or said Bond shall 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 Party of the Second Part agrees also to carry Public Liability Insurance,
Property Damage Insurance, and Workmen~a Compensation Insurance in amounts as required by
these specifications.
WITNESS Oi1ft HANDS THIS (7th) DAY OF (MAY), 1956.
CITY OF WEST MEP4PHIS
WEST MEP1f'HIS, ARKANSAS
WITNESS: /S/ (S. L. SIN1S) BY/S/(AOWELLoB.thelFir~stAPart
City Clerk
/s/ (w. x. INGRAM cGNST. co.)
Contractor - Party of the Second Part
BY /S/ (W. K. INGRAM)
()
Title
Witness: (FN;LEN GRAHAM, WEST MEMPHIS
ARKANSAS)
a:~x-±~~-:.-::-:~
Upon vote, the voting was as follows:
Yeas: Aldermen: Bledeoe, Bollinger, David, Eden, Himes, Powers. Roleson.
Nays: None.
Application for Occupation License for Temporary portable skating rink on East Broadway
fi]ed by Dixie Roller Rink was presented. The proposed site being in the restricted fire zone,
motion was made by Alderman David and seconded by Alderman Himes: That the application of
Dixie Roller Rink be rejected. Upon vote, the voting was as follows:
Yeas: Aldermen: Bladsce, Bollinger, David, Eden, Himes, Fowers, Roleson.
Nsys: None.
Application of Ed Ball in behalf of Stone Trucking Company to park a trailer at 9ll Jefferson
Street to be used as an office was presented and discussed. Thereupon, motion was made by
Alderman Eden and seconded by Alderman Roleson: That a temporary permit for period of six months
(6) be granted to Stone Trucking Company and Ed Ball to park a trialer at 9ll Jefferson due to the
physical condition of Ed Ball. IIpon vote, the voting was as follows:
Yeas: Aldermen: Bledsoe, Bollinger, David, Eden, Himes, Powers, Roleson.
Nays: None.
Report of the Building Inspector for applications and permits from April 19th to May 2nd
was presented and read.
Applications Denied: None
Applications Granted:
C. B. Easly
Realty Sales & Development - 37
E. D. Johnson - 2
Charley Rayner
Clement & Norflett - 2
G. Hyey, Jr.
Memphis View Realty - 4
Allen Hicks
A. Payers
E. Tigg
Robert Fallis - 2
G. White
M. Beck
A. L. Brown
Church of God in Christ
J. H. Braxton
Motion was made by Alderman Powers and seconded by Alderman Roleson: That the action of the
Building Inspector be approved. The members of the Council voted as follows:
Yeas: Aldermen: Bledsoe, Bollinger, David, Eden, Himes, Powers, Roleson.
Nays: None.
The following Petition was presented:
F E T I T I O N
TO THE CITY COUNCIL, CITY OF WEST MEI~HIS, ARTL9NSAS,
Comes now, Jackson Life Insurance Company, by its Attorneys, Nance & Nance, and
states:
That it would show to the City Council that the petitioner and the City of
West Memphis entered into an agreement on Pfarp 27, 1955, wherein Jackson Life Insurance
Company would furnish a bond in the penal sum of $34,354.37 in order to assure the
City of West T•4emphis the reimbursement of its costs in providing a public water system
and electrical distribution system for Avondale Gardens Subdivision, First Addition, to
the City of West Memphis.
That said agreement provides that the bond shall be adjusted annually upon a
basis of $y4.00 for every X1.00 of revenue collected, and that when such revenue amounts
to the penal sum of said bond, the Cit;,~ of hest P:emphis ad~rees to cancel said bond.
Petitioner would respectfully show that as of April 30, 1956, the electrical
revenue from said Subdivision amounted to a total of x;863.72. That the water revenue from
said Subdivision amomztad to X437.61. making a total revenue of x]301.33. That according
to the agreement entered into between the City of West Piemphis and Jackson Life Insurance
Company, the bond £urniahed by Jackson Life Insurance Company should now be reduced to the
penal sum of ,*~29,149.05.
PRTI~ffSI:5 CONSIDERED, your petitioner respectfully asks that the City allow
petitioner to reduce its bond by the sum of x5205.32, and make a penal bond in the sum of
x29,119.05:
Respectfully submitted.
JACKSOT: LIFE INSURANCE COMPANY
NANCE & NAIICE, ATTOT?.NEYS
BY /S/ CECIL B. NANCE
Petitioner
After discussion, and explanation thereof by City Attorney Atlee Harris the following
Resolution was introduced and read in full by Alderman Bledsoe, who moved the first reading
be approved:
RESOLUTION N0. 188
WHEREAS, the City of Weat Memphis entered into an Agreement with Jackson Life
Insurance Company whereby the said Jac'.~son Life Insurance Company furnished a bond 1n the
sum of ~r34.354.37 in order to assure the City of l+Iest Memphis the reimbursement of its
costs in providing a public water system and electrical distribution system to Avondale
Gardens Subdivision, First Addition, and
WHEREAS, said Agreement provided that the bond should be adjusted annually upon
a basis of "4.00 for every x1.00 of revenue collected and that when said revenue amounted
to the penal sum of said bond, the City of West ATemphis was to cancel said bond,
WHEREAS, it appearing that the electrical revenue for said Subdivision ending
April 30, 1956, amousrEed to X853.72 and that the revenue received from water amounted to
the sum of ;;437.51, making a total of X1301.33, end that according to said Agreement, said
Jackson Life Insurance Company is entitled to a redaction in its bond in the sum of ;5205.32,
NOW, THEREFORE, BE IT RSSOL4ED, that after applying said reduction to the present
bond now in force, said Jackson Life Insurance Company is entitled to said reduction and is
hereby required to furnish a bond to the City in the sum of X29,11:9.05.
Th:motion was seconded by Alderman Davici, and upon vote, the voting was as follows:
Yeas: Aldermen: Bledsoe, Bollinger, David, Eden, F.imes, Powers, Roleson.
Nays: None.
Petition of Avondale Gardens, Inc. was presented as follows:
P E T I T I O N
TO THE CIl'Y COUNCIL, CITY OF WEST METa'HIS, ARitAlISAS,
Comes now, Avondale Gardens, Inc., by its Attorneys, Nance & Nance, and states:
That it would show to the City Council that the petitioner and the City of West Memphis
entered into an agreement on March 12, 1953, wherein Avondale Gardens, Inc, would furnish a bond
in the penal sum of X48,039.59 in order to assure the City of West i~emphis the reimbursement of
its costs in providing a public water system and electrical distribution system for Avondale
Gardens Subdivision to the City of West T".emphis.
That said agreement provides that the bond shall be adjusted annually upon a basis of
°;~It.00 for every w1.00 of revenue collected, and that when such revenue amounts to the penal
sum of said bond, the City of West 24emphis agrees to cancel said bond.
Your petitioner would further show unto the Councb that in the year 1955, said bond was
reduced by the City by the sum of v~3392.56, and a surety bond was exec~:ed in the sum of
~Iili, bt:7.03 .
Petitioner would respectfully show that as of February 29, 1956, the electrical revenue
from said Subdivision amounted to a total of ~L:837.33. That the water revenue from said
Subdivl.snn amounted to X1619.62, making a total revenue of °y61:56.95. That according to the
agreement entered into between the City of West Memphis and Avondale Gardens, Inc., the bond
furnished b9 Avondale Gardens, Inc. should now be reduced to the penal sum of X18,819.23.
PREMISES CONSIDERED, your petitioner respectfully asks that the City allow petitioner to
reduce its bond by the further sin of $25,827.80, and make a penal bond in the sum of X18,819.23.
Respectfully submitted.
AVONDALE GARDENS, INC.
NANCE & NAIICE, ATTORNEYS
BY: /S/ CECIL B. NANCE
Petitioner
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After discussion, and explanation thereof by City Attorney Atlee Harris, the following Resolution
was introduced and read in full by Alderman Role son, who moved the first reading be approved:
RESOLUTION N0~189
WHEREAS, the City of West Memphis entered into an Agreement with Avondale Gardens, Inc.
whereby the said Avondale Gardens furnished a bond in the sum of $1{8,039.59 in order to assure
the City of West Memphis the reimbursement of its costs in ^roviding a public water system and
electrical distribution system to Avondale Gardens Subdivision, and
WHEREAS, said Agreement provided that the bend should be adjusted annually upon a basis of
~Za.00 for every X1.00 of revenue collected and that when said revenue amounted to the penal sum
of said bond, the City of West Memphis was to cancel said bond,
WHEREAS, it appearing that the electrical revenue for said Subdivision ending February 29,
1956, amounted to ~u4837.33 and that the revenue received from water amounted to the sum of
w1619.62; making a total of ;p6i:56.95, and that according to said Agreement, said Avondale
Gardens is entitled to a reduction in its bond in the smn of X25,827.80.
N047, TIiEREF'ORE, BE IT RESOLVED, that after applying said reduction to the present bond
now in force, said Avondale Gardena is entitled to said reduction sad is hereby required to furnish
a bond to the City in the sum of X18,819.23.
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The motion was seconded bg Alderman Himes, and upon vote. the voting Bras as follows:
Yeas: Aldermen: Bledsoe. Bollinger, David, Eden, Himes, Powers. Roleson.
Nays: None.
No farther business appearing, motion was made by Alderman Bledsoe and seconded by
Alderman Roleson to adjourn. Upon vote, the voting sass as follows:
Yeas: Aldermen: Bledsoe, Bollinger, David, Eden, Himes, Powers, Rolsson.
Nays: None.
ATTEST: '
CITY CLERIC
~~~-~c'`~t--
I~iAYQR
APPROVED: t1~Y 17. 1956