December 4, 1958~c~~
P7IPIVPES OF REGULAR MEET]NG OF THE CITY COLTICIL OF TIlE CITY OF NEST i~~MPHIS, ARu,AIJSAS,
-- _ HCT• AT THE CITY AN T,T• TN SATE' =TY ONE' ~ H T~Ay_Q~~CT~..P~R_ 1958a AT_?~!Q_ 9~(:T,OCK P_:n-
v - u
On the lath day of December, 1°59, the City Council of the City of ldest .Memphis, Arkansas,
met in the City Ha17. in said City in regular session. The meeting was called to order at
3:00 o'clock, P.PI. by the I`.ayor, and on +,he roll call the following members of the Council were
found to be present:
P;essrs. 0, I. Bollinger, ~. J. David, Sob Eden, J, E. I-Jmes, R. H, Ray, Jr., Y. G. Sims, and
James Bledsoe; and City Attorney Atlee Harris.
Absent: Mr. L. ~. Roleson.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council :'Ieeting on November 20, 1958, sere approved as read.
Mayor Price read the following letter from the Holy Cross Episcopal Church:
December 3, ls5s
Howell B. Price, Pfayor
City Hall
West Memphis, Arkansas
Dear Mayor Price:
At a called meeting of the Vestry of Holy Cross Episcopal Church, West Memphis,
this governing body has authorized me to say "thank you" for a job well done by your
File Department in our recent fire of Saturday morning, November 2°.
Your fire Chie£_, Assistant Chief, all the °on duty" firemen and called in °off
duty" firemen worked many hours to bring this damaging fire under control.
In addition they spent many additional hours in 22 degree weather cleaning up
water and. damage to the church property :which we felt was above and beyond their
fire fighting duties.
With afire department protecting our property to the best of their ability we
are encourage3 to rebuild so that our church life will not be lost to us and to
'Hest 14emphis.
So on beha7~ o£ the congregation, Rector, and Vestry of Holy Cross we extend a
warm "TIIru1K YOV' to your Fire Department for a job well done,
For the Rector and Vestry of Holy Cross
Lewis E. Lincoln
Secretary
Fire Chief Elmo Anderson and his department were congratulated on the work of the
department.
Alderman L. E. Roleson made a delayed appearance at the council meeting.
City Attorney Atlee Harris informed the Council he had conferred with officials
of the I~Iidsouth Gas Company at their main office in Little Rock as to the proposed
ordinance for privilege license to the City of West P7emphis from Midsouth Gas Company.
The City Attorney clarified to the Council the ruling of the 9rkaisas Public Service
Commission and basis, etc. for determining the average number of customers, also, as to
the amount, the City would receive approximately ."j2,800.00 annually instead of ;y750.00
annually previously paid by NAd South Gas Company,
Alderman Bledsoe introduced the ordinance entitled "An Ordinance Fixing And
Estab]ishing The Aggre~,e Amount Of License Fees, Charges And Special Taxes Due City Of
West Memphis, Arkansas From The Mi.dsouth Gas Company, Its Successors and Assigns, On
Account Of Its Gas Operations In Said City, Which Amount 'dill Be Used By The City In Lieu
Of All Such Taxes Excepting AD Valorem Taxes And Automobile Licenses, And For Other Purposes,"
which was read in full by Alderman Rimes.
Alderman Roleson then moved that the rule requiring the reading in full of an ordinance
on three: different days be dispensed with. The motion was seconded by Alderman Bollinger.
and on the roll being called the voting was as Follows:
Yea: Messrs. Bo Linger, David, Rden, Himes, Ray, Sims, Bledsoe, and Roleson.
Nay: None.
~~
~ t~
The ?4ayor declared that more than two thirds of the members composing the
Council had voted in favor of the motion to suspend the rule and that it was
caxxied. Alderman Aden then moved that the ordinance as read be adopted. This
motion was duly seconded by Alderman David, and on the roll being called the
voting was as follows:
Yea: ?°Iessrs. Bollinger, David, Eden, Himes, Ray, Suns, Dledsoe, and t~oleson.
Ilay: Pone.
^'~= uatrnr bhen declared that the ordinance had been duly passed and thereupon
he signed the ordinance in open Council meeting, his signature was attested by the
City Clerk under the seal of the City,
ORDINANCE N0, 361
AN ORDINANCE FIXING AND ESTABLISH]SIG THE AGGREGATE AI50UIJT OF LICENSE FEES, CHARGES
AIID SPECIAL TAXES DUE CITY OF s7EST MEPIPHLS, ARKANSAS FROM THE MIDSOUTH GAS COMPANY
IT S SUCCESSORS AND ASSIGNS, ON ACCOUNT OF ITS GAS OPERATIONS IN SAID CITY, IifIICH
APIOUNT I~TILL BE USED BY TIC CITY IN LIEU OF ALL SUCH TAXES EXCEPTING AD VAlOREP1 TAXES
AND AUTOMODILE LICENSES, AND FOR OTHER PURPOSES.
`IIiE:RiAS, the MidSouth Gas Company (hereinafter sometimes referred to as the °Gas
Company"! is duly authorized by franchise ordinance hereto fore enacted to operate
a gas distribution system and appurtehances thereto, used in, or incident to the
rendition of gas service to I'~est semphis, Arkansas, and the inhabitants thereof
residing in said city, and,
YJI3E?EAS, the P4idSouth Gas Company is now occupying the streets and alleys of
West Memphis, Arkansas, for the purpose of operating, maintaining and extending
its gas service to the City and the inhabitants and consumers residing in said City,
and is supplying to the City and consumers therein gas service, and,
`.ilIEREAS, the City is entitled to receive such just and reasonable taxes from the Gas
Company which the City may lawfully impose and the Gas Company is entitled to pay.
NOGI THEREFORE, be it resolved by the Council of 'v7est Memphis, Arkansas, that:
Section 1. The (~s Company shall pay to Oity of West Memphis, the sum of ~"1
annually for each of the average number of customers served during the next preceding
calendar year within the limits of said municipality. All such payments shall be
paid in January, The tax_ as herein levied shall be in lieu of any occupation tax,
license tax, excise tax and any other character of municipal tax or fee (excepting
the general Ad Valorem taxes, automobile license fees, and special millage taxes)
which are now and might in the future be imposed by City of West Semphis under
authority conferred upon the City by law.
Section 2. Ilothing herein shall be construed to alter or change the present rate
schedule under which the Gas Company is now operating, except by order of the
Arkansas Public Service Commission or other legally constituted bodies.
Section 3• Nothing herein shall be construed to alter or :change the terms or
conditions o£ the present franchise under which the Gas Company is operating.
Section 4. <"ill other ordinances, agreements and parts of ordinances and agreements
in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. This Ordinance shall remain in effect for a term of one (1) year and £or
successive periods of one (1) year each unless and until cancelled not more than six
(6) months nor less than three (3) months prior to the expiration of the original term
or any anniversary thereof.
Section 6. Phis Ordinance shall. be considered as taking effect and being in force from
and after the first day of October, 1958.
H-;~;.,.
Mayor Price informed the Council he had received a letter from another city
requesting assistance in contacting State Senators and Representatives to secure
repayment to the cities money spent for construction of Plational Guard Armories.
After discussion, it was concensus of opinion that the members of the Council
should contact the local State Senators and Representatives on the matter.
Mayor Price informed the Council that Jack W. Rich, one of the owners of property
now West of the city limits that is being considered for annexation, had requested that
the Council act on said Ordinance for second reading.
'vlhereupon, an ordinance entitled "An Ordinance Incorporating The Northeast Cuarter (NE-)
Of Section L'leven (11), Southeast quarter (SEA) of Section Eleven (11) Lying Plorth and West Of
The Center Line Of Ten Mile Bayou, Alortheast quarter (NE';) Of Section Fourteen (11;) Lying
North And Sdest 0£ The Center Line Of Ten Mile Bayou, All In Totmship Si. (,5) Plortht Range
Eight (8) East; And That Part Of The Southwest quarter (S:^J1 Of Section Eleven (11j, Township
Si:. (6) Borth, Range Eight (E~.) East Described /=s Follows: Beginning At ;Point Where The
East Line Of Said Section Eleven (11) Intersects The Ilorth night-OfaJay Line Of Highway 70,
Thence West Along The Plorth Right-0£ ~~lay Line Of Said Highway 70-3ifty (50~) Feet To A Foint,
Thence North Uarallel.?v'ith The East Line Of Said Section Eleven ill) Eight Hundred Seventy-Two
(8720 Feet To A Point, Thence East Parallel ti'Jith Said North Right-of ?Jay Line Of Said Highway 70
Fifty (50~) Feet To A Point On The East Line Of S id Section Eleven (11 ), 'thence South ~'~long
Said East Line Of Said Section Eleven (11) Eight ~'undred Seventy-Two (872') Feet To The Point Of
Beginning, To The City Of West ?Memphis, Crittenden County, Arkansas" was brought up for second
reading. Upon motion of Alderman Roleson, seconded by Alderman Ray that this ordinance be called
for second reading, and on the roll being called the vcting was as follo:;s:
Yea: Aldr:rnen: David, Eden, Himes, Ray, Roleson, Sims, and Bledsoe.
Nay: None.
lalderran 0. I. Bollinger abstained from ~.rcting,
Mayor Price appointed Aldermen R. Ii. Ray and James l~ledsoe to talk with Nss. George 'iehr
about the property otmed by her and the Estate of George T,ehr, Deceased, and the Mayor informed
the Council that he would contact the proper representatives o£ the Rainer Estate and also
contact ?Ir. Donald J. Lawrie as to land otmed by IIr. Donald J. Lacrrie and PL^s. Elizabeth Eeck Lawrie.
These persons were to be contacted after the Council had this day studied a plat showing the
present city limits and proposed. area for annexation and it was the consensus of the opinion of
the Council that the adjacent areas otimed by the Estate of George Lehr, Rainer Estate and
Ns. and Dirs. Donald Lawrie should be annexed to the City of Jest Plemphis to eliminate a zigzag
appearance of the city limits and. for bringing certain areas within the city limits where said
areas are practically surrounded. by the present city limits or are contiguous to the city limits.
The Council requested City ~=ttorney Atlee Harris to render an opinion at the next Council
meeting, as to the annexation of property to the City of LJest Memphis by a. vote of the citizens,
and the placing of said annexation of property on the next ballot, particularly, as to ti.~hcre no
application had been made by property owners to have the property annexed.
No further business appearing before the Council, motion was made by /alderman Bledsoe and
seconded by Alderman Himes to adjourn. Upon vote, the voting was as follows:
Yea: l-.ldermen: Bollinger, David, Eden, Himes, Ray, Roleson, Sims, and Bledsoe.
Play: None.
,.
.zl ~ S~, _ TY
e;P?r.OVED: DECEMBER 18, 1958