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March 6, 19582~~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND AELD ON MARCH 6, 1958. ------ -- The Cotmeil of the City of West Memphis met in a regular session at the City Hall in said City at 3:00 P.M. an the 6th day of March, 1958. The meeting was called to order by the Mayor, and upon roll Dell there were: Present: Mayor H. B. Price presiding and tho following Aldermena J. E. F~imea, R. H, Ray, Jr., L. E. Roleaon, Y. G. Sims, James Bledsoe, 0. I. Bollinger, and Hob .Eden; and City Attorney Atlee Harris. Absent: Alderman B. J. David. ', It being determined a quorum was present, the following proceedings were-had to-wit: Mayor Price informed the Council he had conferred with the Commissioners of Improvement Districts 3 and 4 on the rocosmnendation of the Council as to street widths is the Districts, and that the Commissioners had requested that the Council give further consideration to the width of Polk Street as is in a residential area and in all probability will not be a through street, also that the ooat of making 38+ instead of 31+ would be prohibitive. After diacnsaioa, motion was made by Alderman Roleson~and eaconded by Alderman Bollinger: That the Council accept the recommendation of the Commissioners of Improvement Districts 3 and 4 ae to Polk Street be designated as 31 feet width. IIpon vote, the voting was as follows: Yeas: Aldermen: Himes, Ray, Roleaon, Siena, Bledsoe, Bollinger, Eden. Nayas Noae. An ordinance entitled "An Ordinance Whereby The City OP Went Memphis Of The State Qf Arkansas And The Southwestern Bell Telephone Company, A Missouri Corporation, Agree That The Telephone CompariTy Shall Continue To. Operate Ite Telephone System And All Business Incidental To Or Connected With The Conduction Of A Telephone Business And System In Said City, Anal Erect And Maintain Its Plant Construetion,And Appurtenances Along, Aeroas,_On, Over, Through, Above And Under All Public Streets, Avenues, Alleys, Public Gromsds And Places Ia Said City, That The City Shall Receive An Anneal Payment From The Telephone Company, And Repealing All Ordinances And Agreements In Conflict Herewith" was read the third time, Alderman Bledsoe then moved that the ordinance as road be adopted. TMs motion was duly seconded by Alderman Roleaon, and on the roll being called the voting was as follows: Yeas: Aldermen: fHmea, Ray, Roleaon, Sims, Bledsoe, Bollinger, Eden. Nayas None. The Mayor then declared that the ordinance had been duly passed, and thereupon he signed the ordinance in open Council meeting, Ms signature was attested by the City Clerk under the seal of the City. ORDINANCE NO. 347 AN ORDINANCE WHEREBY THE CITY OF WEST MEMPHIS OF THE STATE OF ARKANSAS AND THE SOUTAWESTERN SELL TELEPHONE COMPANY, A MISSOURI CORPORATION, AGREE THAT THE TELEPHONE C0:~.9NY SHALL CONTIMJE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS, INCIDENTAL. TO OR CONNECTED WTTH THE CONDUCTION OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND_APPURTENANCES ALONG,.ACROSS, ON, OVER, THROUGH, ABOVE AND IIfIDER ALL PUBLIC STREETS, .AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IP1 SAID CITY, THAT THE CIT7C SHALL RECEIPE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMEN'PS IN CONFLICT AEREWITAs 'r1FU;REAS, the City desires to enact and impose upon the Telephone Company a tax which shall be in lieu oP all other licensee, charges, Pees or special taxes other than the usual general or special ad valorem taxes, and WHEREAS, the Oity recognizes the propose and intent of an order of the Arkansas Public Service Commission entorod on December 10, 1957, is Docket II-1281 relating to the treatment i by the Telephone Company of all Oity special taxes; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Weat Memphis, State o£ Arkansas that: SECTION 1. The Southwestern Bell Telephone Company, its successors sad assigns (herein referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of West Memphis, State of Arkansas, (herein referred to as "City"). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said City shall remain as now constructed subject to such changes as may be considered necessary by the City i.n the exercise of its inherent powers and by the Telephone Company is the conduct of its business, and said Telephone Company shall continue to e~rcise its right to place, remove, construct and reconstruct, extend and maintain its satd plant and appurtenances as the business and purpose for which it is or may be incorporated may from time to time roquire, along, across, on, over, through, above and under all the public streets, avenues, alleys, and the public grounds and places within the limits of said City as the same from time to time may be established. ~~ ~~ SECTION 2. The Telephone Co?~agp shall pay to the City on or before March 1, 1958, 3or a period January 1, 195c, to December 31, 1958, inclusive, and thereafter for like periods on or before each March 1st an amount determined by multiplying the number of telephones within the corporate ].inri.ts of the city as of the last daq of the preceding year by the sum of Eighty-seven Cents (x.87). SECTION 3. The annual payment herein re4uired shall be in lieu of all other licenses, c ar~i gee, ~eea or impositions (other than the usual general or special ad valorem taxes) which map be imposed by the City under authority conferred by law. The Telephone Company shall havo the privilege of crediting such suns with any unpaid balance due said Company for telephone services rendered or facilities furnished to said City. SECTION It, The Telephone Company on the request of any person shall remove or raise or over is wires temporarily to permit the moving of houses or other structvrea. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 5. Permission is hereby granted to the Telephone Company to trim trees upon over ng streets, alleys, sidewalks and public places of said City so as to prevent the branches of such trees Prom coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction of say City official to whom said duties have been or may be delegated SECTION 6, Nothing in this Ordinance contained shall be construed to require or many electric light or power wire attachments by the City or for the City. If' light or power attachments are desired by the City or for the City, then a separate non-contingent agreement shall be a prerequisite to such attachments. SECTION ~. Nothing herein contained shall be construed as giving to the Telephone oZ~ mpa~y any exclusive privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the City. SECTION 8, All other ordinances and agreements and parts of ordinances and agreements re o the operating of or right to operate a telephone system within said City are hereby repealed. Ordinance No. 335 passed and approved May 6, 1957, is hereby specifically repealed. SECTION 9. The said Telephone Company shall have sixty (60) days from and after sibpassage and approval to file its written acceptance of this ordinance with the City Clerk, and upon such acceptance being filed, this Ordinance shall be considered as taking effect and being in Force from and after the date of its passage and approval by the Mayor. The Ordinance shall continue in effect and be in force until terminated by the City or the Telephone Company as of this end of any year after giving ono (1) yearFS notice of intention to terminate. iHFiFiY.:-Yi ~ HF Mayor Price extended an invitation to the Council to attend Southwest Water Resources for Industry Conference in Little Rock on March llt, 19$8, Mayor Price informed the Council in order to proceed with matters pertaining to the clearing sad snagging of Tea Mile Bayou the following Resolution had been prepared by Attorney Johtt A. Fogleman, who is County Attorney for Crittenden County and City Attorney Atlee Harris had been consulted and had examined the Eeaolution: RESOLDTION WHEREAS, the City of West Memphis is located entirely within the boundaries of Drainage District No. 6, Crittenden County, Arkansas; and, WHEREAS, the original and principal outlet of said Drainage District No. 6 is through a stream lmoian as Ten M31e Bayou; and, Wf~REAS, the principal drainage for most of the drains in the City of West Memphis is through the said Ten Mile Bayou; and, WHEREAS, the flow of the stream of Ten Mile Bayou is seriously impeded by bars, fills, brush, trees, growth, snags and other obstructions; and WHEREAS, the Corps of Engineers of the IInited States of America has avaihble funds for clearing and snagging the chancel of Ten Mile Bayou with proper local sponsorship and the furnishing of right of way; and Wi~fiEAS, said Drainage District No, 6 has been vawilling to sponsor such pro3ect unless easements for right oP way therefor be Furnished without payment of damages or other consideration by the District; and, Wf1ERREAS, the City of West Memphis is willing to assure said Drainage District No, 6 that easements for such right of way will be so obtained; NOW, Tf~REFORE, BE TT RESOLVED that the Mayor oY the City of Weat Memphis be, and he is hereby authorized and directed to enter into such agreement with the Commiesiotters of Drainage District No. 6 ~ Crittendett County, Arkansas, as shall satisfactorily assure the latter that easements far right of way for the clearing and snagging of the channel of Ten Nile Bayou will be obtained and furnished without the payment of damages or any other consideration by said Drainage District No. 6 of Crittenden County, Arkansas, 89 shall satisfactorily assure the latter that easements for right of way for the clearing and snagging of the channel of Ten Mile Hayou will be obtained and furnished without th payment of damages or ashy other consideration by said Drainage District No. 6 and to do all things necessary to carry such agreement into effect. BE IT FURTF~R RESOLVED that this Council agrees and binds itself to appropriate such funds as may be necessary to be expended in the carrying out of said agreement. ;; ~c-~r-:~s After discussion, motion was made by Alderman Bollinger and seconded by Alderman (limes; That the Resolution as presented be adopted. Upon vote, the voting was as follows: Yeas: Aldermen: Himes, Ray, Roleson, Sims, Bledsoe, Bollinger, Eden. Nays: Nona, City Attorney Atlee Aarris presented the following Resolution: R E S O L II T I O N WHEREAS, Chief Elmo Anderson, of the West Memphis Fire Department, has been honored by fostering the Junior Fire Marshall Program in the Hulbert_West Memphis School District; and :~R.EAS, Chief Anderson was given a citation by Governor Orval E, Faubus in connection with fire prevention within the schools of the State of Arkansas and particularly in the schools within the Hulbert_West Memphis School District; and WHEREAS, this honor bestowed upon Chief Anderson is likewise an honor upon the Went Memphis Fire Department and the citizens of West Memphis, Arkansas, HE IT RESOLVED by the Council of the City of West Memphis, Arkansas that they go on record as approving and likewise displaying honor upon Chief Anderson for his services 11i connection with this honor. iHfi; .F-;.i;-:FiHFii-K Thereupon, motion was made by Alderman Ray and seconded by Alderman Bledsoe: That the Resolution as presented be adopted, Upon vote, the voting was as follows: Yeas; Aldermen: Rimes, Ray, Roleson, Sims, Bledsoe, Bollinger, Eden. Nays: None. Alderman R. H, Ray, Jr. brought to the Council~a attention an article in the Evening Times in regard to delinquent City Vehicle License and Privilege License, Mayor Price stated. to the Council the Police Department has started issuing Swmnons on City License, however, had delayed their action to cdncide with enforcement date of the Arkansas State Police; also a number of delinquent privilege licenses are for out of State persons and/or contractors who do not purchase a privilege license until they obtain work in the City. After discussion and explanation by City Attorney Atlee Harris as to enforcement of the ordinance, motion was made by Alderman Ray and seconded by Alderman Bledace: That the City Clerk be instructed to check business places in West Memphis, and those who do not have license that necessary steps be taken to enforce the privilege licettae ordinance •erking in co-operation with the City Attorney. Upon vote, the voting was as follows: Yeas: Aldermen: FE.mes, Ray, Roleson, Sims, Hledsoe, Bollinger, Eden. Nays: None. No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Roleson to adjourn. Upon vote, the voting was as follows: Yeas: Aldermen: Rimes, Ray, Roleson, Sims, Bledsoe, Bollinger, Eden. Nays: None. ~s ~ MAYOR. cam. -~~. ; ATTEST:_~ /~~ ~/ APPROVED: MARCH 20, 1958