February 4, 1959~~
MITIUTES OF REGULAR "IETIIIG OF THE CITY COUNCIL OF THE CITY OF 'rl~'ST =1~N~HIS, ARKANSAS,
---- - i~LI~_AT TTY' CITY KP.IS. I~SAID CITY GN THE_1iT& ~3Y_O~FEB8U58Y, 1959 AT 7•'i0 p ~
T --_-.__~ -__.._-__-_-___-_-_____ -_.
On the t:th day of Februaxy, 1959, the City Council of the City of West Memphis,
Arkansas, met in the City Hall in said City in regular session. The meeting was
called tc order at 7:30 o'clock P,M, by the Mayor, and on the roll call the following
members o£ the Council were found to be present:
Aldermen: R. H, Ray, Jr., L, E, Roleson, Y. G• Sims, James Bledsoe, 0. I. Bollinger,
Bob Eden, and J, ~• Himes; and City Attorney W. H, Dillahunty.
Absent:
Aldes^nan: B, J. David.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council iJeeting or. January 15th were read. motion was made by Alderman Roleson
and seconded by Alderman Ray: That the minutes be approved as read. Upon vote, the voting
was as follows:
Yeas: Aldermen: Ray, Roleson, Sims, Bledsoe. Bollinger, Eden, and Himes.
Nays: None.
Mr. C~inton ~'Jallace of 70l: Stuart appeared before the Council in behalf of the Memphis
View Civic Club to request a meeting with the Mayor, City Attorney, and Aldermen of Ward L
to discuss the dividing of Ward 4, iir. :Jallace was advised to contact City Attorney Dillahunty
to arrange a meeting of Civic Club representatives and Aldermen Himes and Sims.
City Attorney Dillahunty informed the Council he had met with the Board of Trustees of
the Fublic Library on January 30th and in accordance with their recommendations an ordinance
had been prepared. Thereupon an ordinance entitled "An Orclinance Amending Ordinance No. 371:
Of The City Of iJest Memphis Arkansas, iJhich Is Entitled °An Ordinance Creating A Board Of
Trustees And Providing For The i~iaintenance Of The ;Jest :°tmphis Public Library, ~' was read the
first time. After discussion, motion was made by Alderman Roleson and seconded by Alderman
Bledsoe: That the first reading of the ordinance be approved, Upon vote.. the voting was as
follows:
Yeas: ~~ldermen: Ray, Roleson, Sims, Bledsoe, Bollinger, Eden, and Himes.
Nays: Dione,
City Attorney IIillahunty informed the Council he had received the following letter from
The Attorney General in reply to his request for an opinion:
OFFICE OF
THE ATTORNEY GENERAL
Bruce Bennett January 21, 1959 State Capitol
Attorney General Little Rock, Arkansas
Honorable W, H, Dillahunty
City Attorney
'Jest ?Memphis, Arkansas
Dear Mr. Dillahunty:
In your recent letter you request my opinion on the £ollowing~
1. I have been requested by the City Council of the City of West ?2emphis,
Arkansas, to secure an opinion from you relative to the above names statute (Ark.
Stats. ~ 19-909), which provides: " nor shall any alderman or member be
interes~l directly or indirectly, in~the profits of any contract or job, f.or
work or services to be performed £or the corporation." The main question in
this issue is whether or not an alderman or member may sell materials to the
City, or whether or not this prohibition applies to materials. It is called to
your attention that the statutes specifically provides that no alderman can be
interested directly or indirectly in the profits of any contractor or job, for
work or services to be performed for the corporation.
2. Your opinion would also be appreciated as to Arkansas ~ 19-1022, which is
under "Government of First Class Cities." This statutory provision is relative
to a board of public affairs, and the question is whether or not a member of a
council or any commission can sell materials to a municipality or city, provided
that member complies with the provisions of this statute. The main controversy
as to this statute is as follows: "The board shall exercise their own best
judgment and discretion in making of such contracts, but they shall have no
power in any case, except upon advertisement and to the lowest bidder, to make
any contract with any person associated in business with_ or related within the
sixth degree of consanguinity or affinity under the civil law, to any member of
said board or member of the City Council, and every contract in which any such
forbidden person shall have an interest. direct or indirect, shall be utterly
null and void." The main question here is whether or not a member of the City
Council could bid, if properly advertised and bid submitted as to the sale of
any material or contract :"or work or services.
The answers to your questions are as follows:
Ark. Stets. (1947) ~ 19-909 provies:
No Alderman or member of any Council shall, during the term for which he
shall have been elected, or one (1) yeaz• thereafter, be appointed to any
munici~a'_ office which was created, or the emoluments of which shall have
been increased, during the lima for which he shall have been elected. Tdo
such Alderman: or member shall be appointed tc any municipl office, except
ir. cases provided for in this act, during the time for whic'r, he may have
been elected; nor shall any Alderman or member be interested, directly or
indirectly, in ti,.e profits of any contract or job, for work or services
to ce performed for the cornoratier..
The word "~rork" is dcfited in Websters Unified Dictionary and Encyclopedia as:
"(1) physical or mental effort directed tou.ard an end; (2) labor; (?1 emplo3m;ent;
(~) sometlang brought into being by man's toil and skill, as a wort: of art." The
word "service" is defined in the same Dictionar~~ as: "(1) the performance or work
done for another for hire; (2) assistance." The word "material° is defined in the
same Dictionary as: "consisting o£ matter, not sciri.tual; pertaining to physical
assistance as material needs: the substance of which anything consists; the
implements and goods necessary for doing anytling." It is apparent that the three
words, "work, services and materials" all have different meanings.
The direct question as to whether or not materials are included in the above
statute has not been determined by the Supreme Court of Arkansas. and it is my
opinion that tl:e question of good faith, with the view of protecting the interest
of the city at ail t,_mes, should be the controlling factor in such a situation. In
contemplation of the problem involved, it becomes readily appax•ert that there may
be instances where the city~s finances would be irreparably harmed if the word.
"rr~erial" is blanketed in under the provisions of this statute. rcr e::.ample, should
there be only one ready-mix concrete plant in a city where a minority owner ti~erecf
is also an alderman, it would place the city in the untenable position. of having to
go out of the city--and perhaps several miles away--to buy materials needea for the
pavement o° sidewalks or other necessary projects.. Also, an aldermazr may be an
employee of a public utility, and as such is certainly indirectly interested in the
well-being of his company, for as it prospers the emple;•ees usually receive some of
the benefits therefrom. No one would deny the city tie right tc acgiire electricity
from such public utility for street lighting purposes merely because an employee of
the utility is also an elected alderman.
Ir: view of tLe foregoing, it is the opinion of this office that the ru'_e of good
faith is app'a cable to the question posed, and the validity of the contract or sale
is determined thereby.
?. Ark. Slats. (19lr7) ~ 19-L022 provides:
Said Board shall have the exclusive power to make pux•chases of all supplies.
apaaratus, materials and other things requisite s"or public purposes is such
cit~•, and to make all necessary contracts for work or labor to be done, or
material or other necessary things to be furnished for the benefit of such
city. or in carrying ou{: any work or underta'ring of a public r:atura therein;
but where the a7~aut of e.cpenditure involved therein may e..ceed three htLndred
dollars (;;'300.00), said Board shall transmit to the city council an estimate
thereof, and an ordinance authorizing such e::penditure, with their recommendation
in relation thereto, and, upon the passage of such ordinance. it shall be the
duty of said Boar@ to advertise and let the work or contract to the lowest
responsible bidder, and in cases where the amoutrt of e;;penditure involved may
exceed fifty dollars (~>~O.CO), said Board shall first give notice to the cowzcil
of tliair intention to contract ir. relation thereto, and thereapon, f ordered by
the council to advertise for bids is relation thereto, they shall doso and let
the work or contract to the lerrest responsible bidder, cthe?•vn se, and in all
other cases, said Board shall exercise their o,•ra best judgment and discretion in
the matter of making such contracts, but they sha:L have no power in any case,
except upon advertisement and to the lowest bidder, tc make any contract with
any person associated in business with or related z,*thin tiie sixth (5th) degree
of consanguinit~> or affinity under the civil lat~r, to an~~ member of sa; d Board or
member o° the city council, and every centraet in which any such Forbidden person
shall have an interest. direct or indirect, shall be utterly null and void.
This question is a companion to the previnus question; and ~ 19_1022 should be read in
the light of ~ 19-909. Section 19-1022 merely provides the mechanics wher~;by t.~ board
of pub]c affairs is to pw-chase ,nor.:, sexn•ices ar.1 materiels, and once again the rule
of good faith would a~_~ply. It is my opinion that should the board. of pubLc affairs
propsrly advertise for bids as provided in the statute that the prohibition apai.st
making "any contract with any person associated. in business with or related withir_ the sixth
degree of consarbuinity or affinity under the civil law, to any member of said 3oar3 or
member of the city cotinril." does not prohibit suci_ individual from subc:itting a bid as
called For by the advertisement and. being awaracd the contract for materials ~.° he is the
lowest bidder.
lou~•s ver;,• truly,
?3;:UCE B~id:~TT
Attcz•ney general
BB: mtl
~~~
-- __ --
N?ayor Price called attention to the fact that at the Council Session on January ljth
City Attorney Dillahunty had informed the Council he was preparing an ordinance to
establish a Board of Public Affairs, and the ordinance would be presented at the next
regular meeting. Thereupon, the ordinance entitled °An Ordinance Creating A Board Of
Public Affairs For The City Of hest '''emphis, Arkansas; Providing For The Term Of Office
Of Said Board; ~uali£ications Of The 3oard ?embers; Salaries To Be Paid To The ;Members
Thereof, And For Other Purposes" was read the first time. i~iotion was made by
alderman Ray and seconded by alderman Roleson: That the ordinance establishing a Board
of Public Affairs be approved on the first rea3ing. Upon vote, the voting was as
f ollovrs
Yeas: A13ermen: Ray, Roleson, Sims. Bledsoe, Bollinger, Eden, and Himes.
:Jays: None.
Mayor Price also stated to those present that a lawsuit had been filed in Chancery
Court at Marion, Arkansas, by Mr. Cecil U. Edmonds to have the Council appoint a Board
of Public Affairs even thong.". he and those present at previous meeting were promised
an ordinance to that effect would be presented.
The following resolution was presented:
RESCL'JTIC~:? 21c`
'.^/I~PE.4S, numbereus matters are presented to the City Council of best i•?emphis.
Arkansas. which require a legal opinion from the City attorney, and
'vim;F,AS. it is necessary that the City -'+ttorney be given a reasonable period of
time within which to conduct necessary investigation and research in order to render
a proper opinion;
i40',~7, T't~R~'CRE, BE IT F,.ESOLVf?D 3I THE CITi' COUIuCIL OF 'SST 3=isiIPHIS, that the
following rule be adopted:
Any and all matters to be brought before the City Council, which requires
a legal opinion, must be submitted to the City Clerk at least seven (7)
days prior to a council meeting.
After discussion, moticn was made by alderman Rimes and seconded by Alderman Bledsce:
That the resolutior. as presented be adopted. Upon vote the voting was as follovrs:
Yeas: Aldermen: Ray, Roleson. Sims- Bledsoe Bollinger, Eden, and Himes.
?ays: hone.
Accounts payable for December 1953, were presented as follows:
General Fund w5.941.71
Street Improvement Fxlnd ';,543 "r7
'lest ".".emphis Library Fund 21;1.22
After discussion. motion was made by Alderman Roleson and seconded by Alderman nay:
That the accounts payable as presented be approved and authorize. ratify, and/or
confirm payment of the following:
GEc~~PAL FGND:
Crittenden Insurance Co. ,~1,222,4b
Bureau of Census 10.00
Broadway Furniture 1.15
Clement Safety 3gpt. 2.00
Chalmers Bubk 13.13
Choctaw. Inc. 17.03
Crittenden County Times 30,74
Crittenden County Tames 151.12
Dacus ]'umber Co. 21.79
Delta Ice Co. 46.35
Duns ??eview ~: '^`•odern Industry 2.50
Eden Pontiac 739.97
3sso Standard Cil 1.790.53
Farmers Aero Service 22.00
Farmers Supply 110.75
Finley Electric 145.57
Garrett Hardware 29.1E
Hamiltor_ Clixxic `3.00
Garrison Heady Niix 224.C3
Havr~d.ns Eqpt. X111.83
Higgins Generator Service 34.25
Holland Motor Co. 125.7E
GENERAL FUND - CONTIIdLrED
Holland iiotor Co. X125.5' B. I~iay N125.00
Independent Linen Serzri.ce ,"3 G, Hopper 81.25
;d. E. Ingran: Const Co. 947.50 W. Pennine 206.06
Johnson Auto Co. 25.13 J. Ilowell 366.06
Jones Two-lady Radio Seri ice 5.00 B. Ellison 170.00
Logan-Lesh Comte. 54.64 Jo Ann Mallory ]1;0.00
NlcCaa Chevrolet 109.91 Jo Ann i•iallory 37.50
iciiay Plumbing ~ Heating 35.50 A. Hodges 25.06
?/,atthew Glass & Glazing 35.65 E. Anderson 187.50
°iay-Graves-:icCaa 228.91 S, Berryhili 125.00
Meriwether Apothecary 12.P.8 T. Burkhart 130.60
Midwest Auto Farts 2. i0 0. Carpenter 125,06
'.Jals-i•;orris Co. 27.71 W. Daz•by 1115.60
National Fire srotection mss. 15.00 0, Hatton 155.00
Orkin E:aerm:inating 12.00 w, Kaplan 130.00
Ozburn-Abston Co, 1]1;.5' G, Kirkdcffer 130.00
Peoples Merc. 28.02 J. Landrum ~G.GG
Ray's Electric 544.47 J. Lewis 130.00
Saunders Repair Service 10.20 A. McY,ay 135.00
i~d. E. Scarborough 73.00 J. I3oox'e 130.60
Southern Uniform Co. 3'%.25 C, Powers 136.00
Spalding Tire Co. 16.41 0, Rushing 130.00
Spear and Idood Mfg. 16,90 S. Russell 130.00
Tayloe Paper Co. 105.70 J. Scott 130.00
The Texas Co. 2.3^ R. Simmons 130.00
id, ii. Nursery 293.07 A. Mills 125. GO
i?. M. Laundry Clearers 125.69 Hawkins Eqpt. 500.00
W. ,i. Laundry Cleaners 75.55 H, Price 35.37
W, M. Toggery 72.06 S, Parker 6c",.85
iaT, ~, T_ovrist Court 1.56 C. Ferguson 55,50
'rd. I°i. 'Tnclesale Grocer3. 14.70 W. Harris 72.90
Welders Supply 12.97 'r,', Hale 68.85
Westinghouse Aprliance Sales 23.65 W. Hill 61.63
id. M. Machine & Welding Shop 34.60 .4, Wilson 61.53
W. iii. tieierinary Hosn. 48.00 S. Gibson 61.63
'rdallin-Dickey & Rich 363.69 C, I4osiey 72.90
Wallin-Dickey E Rich 1,206 S7 J. i•?cCullar 68.85
Sam Parker 93.50 J. Pulliuam 61.63
C. Ferguson 90.00 i~I. Gannaway 61.63
n. Wallace 68.50 R, Jordan 61.63
Southwestern Bell 43.03 T. I•iosley 72.90
Lee Enomon 100.00 J. Watson 58.8>"
W. Hani.s 99. oG E, Hill 61.53
.. Hale 93 50 r;. Nolan 61.63
W. Hill 83.73 J, Nelson. 51.63
i~1. Wilson 83.73 E. Lee 72.90
R. Baker 83.73 L. Dawson. 58.8$
. Mosley 99.00 F. Jones 61.63
J. i~IcC~xllar 93.56 A, Brown 51.63
J. Pulliuam 83.73 H. Granger 61.63
'.v, Cannaway 83.73 0. H. Blackinton Co. 88.61
R. Jordan 83.73 Boiler Insnec. Dept. 1.50
T, Mosley 99.00 Broadway Furniture .87
J. Matson 93.50 Callaghan & Co. 30.00
E. Hill 93.73 Choctaw Inc, 1,368.17
A. Nolan 83.73 Crittenden Publishing Co. 82.71
J. Plelson 83.73 Crittenden, Publishing Co. 13.14
~. Lee 9S.00 Crittenden Insurance 134.83
L. Dawson 93.56 Eden Pontiac Co, 1.03
F. Jones 93.73 Esso Standard Oil Co. 1,543.40
A. Brotm ^3.73 iiamilton Clinic 5.00
H. Granger 83 73 Hawkins Eqpt. 90.91
M. Stout 18.06 House-Bond Co. 58,76
r`Ynley Electric 2,065.8>" Holland h:otor Co. 18,40
Director Internal Rev. 1,373.80 Independent Linen Service 7.48
J. Allen 130.00 Johnson Auto Co. 26.23
C. Bassett 155.66 Jones Two-way ?radio 50.00
W, BilLngs 130.00 lag-°~argiazl 42.12
C. Byrd 135.00 Lewis Sales ~ Service 3.56
C. Graves 155.00 Logan-Lesh Cortur. 30.06
E, Jarman 135.00 I~icCaa Ohevrolet 9.11:
B. fieen 130.00 I°icl:ee-i4oog Spring Co, 16.23
J. Moore 130.00 ?Martin Petroleum 20.64
L. McCulley 135.06 I:atthews Glass & Glazing 42.51
L', Romines 157.50 p•Iay Plumbing 13.00
J. Spar~nan 125.00 T^iay vraves-,^icCaa 334.90
L. &,~itzer 125.00 Mid South Gas Co. 263.50
t^T. Thompson 125.00 Mills-Morris Co. 6.24
f:, 'hard 130.,60 uim. R, Moore Dry Goods 159.14
K. Tullos 125.00 iational Institute of Cleric 20.00
S. Smith 175,00 Orkin Exterminating 12.00
R, Herr 125.0'0 Ozburn-Abston Co. 189.47
J. Green 75.00 Far':dng Publishing Co. 5,24
J. Harris 75.00 Ray's Electric 5,91
~;~,
GENERr.L FUND - COtuTIT_?TJ~D
R. G. Roberts & Co. ir10.Aa Hale ~4&.45
Spalding Tire 11.40 il, Hiii 43.35
Spotts Drug Store 6.'=1 '~i, ;Yilson 43.35
Treve Smith, Inc:' 29q.5o ~, Gibson 43.35
Southwestern Bell Telephone 383.19 Mosley 51.36
Texas Co. 33.15 J. i4cCullar 4n.!:5
A. J. Thomas, Irc. 5.75 J. Pul~.um 3c 13
Thurmond & Sons 16.50 ;i, Gannaway u3.35
C. J. IIpton ~ Col 964.75 R, Jordan 43.35
'Jallin-pic:cey 3ich 525,74 T, I•?osiey 5i.3G
'rTallin-Dickey-:rich 404.02 J, nTatson 48.45
Welders Supply Co. 2.40 E. Hii1 43.35
'nT, M. °lectric Motor Service 5.43 A. idolan 43.35
W. M. r~iachi.ne Shon 21.50 J. Nelson 46.75
W, i'2. Toggery 20.09 E, Lae 51.30
~d.M, Tourist Court 5.00 i, Dawson 48.45
i^i. M. Veterinary Hospital 2.00 P Jonas 43.35
~dorreil-ConsoliJated Laboratories 15.95 A, Brown 43.35
H. Price 400.00 H, Granger 43 35
C. DeCraff 50•GC S, ?ar?car 48.45
F, Owen 50. C0 C, Ferguson 44.50
LR. Ray 50.00 L Enomon 104.25
J. Bledsoe 5C.00 ~'Tallace 53.00
L. Roleson 50.00 3usiness Men's Assurance 306.92
G, Bollinger 50.00 v. i~I. Industrial F,u7d 53.00
3. Eden 50.00 *,~;. ,.. Utility Comm. 15,756.23
B. David 50.00
J. Rimes 50.00
Y. `a'ims 70.00 STREET IP"I?RCVE:°~b'T FL~'D
A. Harris 300,00
S. Smith '75.,00 Choctaw, inc. X175.13
R. Herr 125.00 Curtis Auto Devices 18.51
J. Greene 75.OC ~sso Standard 1,363.40
E. Ruben,^, 312.50 Farmers Hardware 17.03
J. Hillencamp 232.90 Garrison Ready-i~i1x 41.06
B. May 125.00 Havrld.ns Eqpt. 1,009.24
G, Hopper 81.25 iehman-Roberts 1,144.67
H. Holland -Deals 1,120.00 I"iemrhis ',3achine Works 88.111
H. Holland 387.50 Memphis Stone and Gravel 918.00
J. Allen 138.55 Osborn-Abston 44.80
C. Bassett 165.19 J, A, Riggs 155.06
~nT. 3ill:ngs 138.55 Scruggs Hcpt. 5.95
C. Byrd 143.88 ~Jaiiin, Dickey & Rich 85.33
J, Franchere, Jr. 91.63 G, Ferguson 150.00
C, Graves 165.19 G, Bur'hart 100.00
E, Jarman 1-43.88 J. Kelley ~Ja2.70
3. Keen 138.55 H, Rushing 1!:7.50
J. ~'.oore 138.55 ?, riemn 142.70
L. ?4cCulley 143.5 J. 'riarren 200.00
U, Romines 178.56 E, Arno13 76.50
J. Par:anan 133.33 M. 7illiaros 43.78
L, Switzer 133 33 T, Robertson 80.40
?d, Thompson 133.33 C, Blount '83.73
M, 6dard 138.55 G, Hop?cins 83.73
K, Tullos 133.33 R, Wardlow 83.73
J. Howell 300.00 J. Dabner 83.73
B. Ellison 170.00 W, ',•,iiliams 83.73
M. Hightshoe 90.00 C, Riie~r 97.33
V, Frazier 80.G^u S. Gibson 83.73
i~d. Perrire 200.00 Director Internal Rev. 156•"0
i~1rs. G. Behr 75.00 Arnold 54.4C
T. Stacy 30. GO T. 'obertson 54.40
A, Hodges 25.00 C. Blount 55.95
I;. i~n~lerso^. 199.83 Hop~ns 50.95
S. Berryhiil 133.22 R, 'rTardlow 64.18
T, Burkhart 138.55 J. Dabner 51.43
0. Carpenter 133.22 `++ '~Jilliams 65.03
rT. Darby 154.53 C Riley 75.23
0. Hatton 165.19 Dacus Lbr. Co. ".3S
GI. 'Caplan 138.55 Farmers Supply 28.56
0. Iiirkdoffer 138.55 Garrett Hardware 31.85
J. Landrum 138.$5 Garrison Ready-I4ix 36.95
Lem s
J 138.55 Hawkins 3gpt. 253.55
A. McKay 1%:3 ~ 88 'n;. %;. Ingram Const. 657. CO
J. ?~:ocra 138.55 :ing Chemical Co. 117.74
C. Powers 138,55 iehman-Roberts Co. 262.43
0, Rushing 138.55 Ilanning L'or. Co. 86.52
S, Russell 138.5[ Miro-Flex Co. 340.22
J. Scott 138.55 ?:raliin, Dickey & Rich 13.59
R, Simmons 138.55 G. Fergusor. 150.00
A. :Mills 133.22 G. Burkhart 100. GC
':J. H. sire Dent, 21. GO J. Kelley 132.5='
Dept. of Rev. 201.39 'n'.. Rushing 15'6.11
Stout 00 M, hemp 137.60
S. ~nith 49.98 J. :;arren 20G.00
~. Hopper 5.00 Arnold 43.35
~d, Harris 51.30 T. Robertson. 43.3%
J1:WiT l:`:~'r.l~vLI~G11i T'L^;!7-'~OI'i! .
L. B10unt
C, no^i3ns
... '•y ardlOLd
. ~abner
idi 11ia:ns
Rile,
3usiness Ian's 2ssurance
.. ... _nus ~_ _a_ Fund
-ili•:i;i~i ~,^ :1.._i01? €: _...~_wF FiJ11D
.'J, PlurDhy
STrW~BT .1=,rRCvEi~;~_;T CL~.B ?urv^J ili`1'I,:~.
DISTr.IC_ ;~. _ r!7 2
Union :'lantern ~:ati oral Ban-:
[ I•:iii, AP VALCRLII, Tr"L
Unior..?'lanters iational Ban:
alp--~?. aAr~ _~.~:I~;:zT
Housi n€ and 'n'one Finance Agency
tir4.J •55 rir KaP_5 a$ bCOI: HCllne m>~~•%»~
c,7$ _ittenden Cou^.ty Times
u3.35 Fo'_lett Libra.^~=.Book Go. 2Gu.
1:;.35 Haddon ideod )ruins >'.>>"C
3^ n. n. I•:ntinS Cc. 1`--.u7
51.u C Biddel, -.-.. 79 75
7c _ iiatyona]. ~cc. Gor^ 152.L,
1i:.OC i;ew ?•jethod Book Bindery 7ll.•
LL_. R, 'iaylor Co. >1.7C
Tayloe :apex Co, 932.53
Y.. W. u~rilson Co. uw.OC
~177.6G !irk. BOO}: Ii0u9e 5.29
ivew ~tethoa Booi: Bi :3z~;~ ? ~;. ec
'*•a3=lee Fa^er Cc. 1Lo.7Fj
',;a.]1in-Dicl:e; & Rich Lbr. Iau5.L~
:,~1~-.355. Se
u12.515.33
;oG.47
Upon vote. the voting was as fol"J.ows:
Veas: Aldermen: nay, Roleson, Sims. Bledsoe, Bollinger. Bden, and ?fames.
P,avs: i~Ione.
pttoriley J. fi. Spears in behalf of 3uaranty Loan, & Heal Bstate Company inforred. the Council
an ordinance had been prepared approving the re•rised plat of Avalon Heights ''Extension. Alderman
Bledsoe introduce) the ordinance entitles: °An OrcL.rance ~ipprovng Revised ~"lat of i,ots 23-3~,
Both Inclusive. Block 7, Lots 5-1N, Both Inclusive and Lots 2u-3=. Both Inc'_.usive, Block ~.
Avalon Heights Extension" which was read. ir. full 'off Alderman nay,
Aldernar~ Bden then moved that the rule requiri_rg the raarlirg in -"uL o_" an ordinance on
three different days be dispensed wit.,. The motion nas secon.ied b~• _?]_derman Sims, a^d. on the
roll being called the voting was as follovrs:
Yeas: Aldermen: ray, Hcieson. Sims, Bledsoe. Bollinger, 'den, and nines.
I Iavs : None .
The ?•:ayor declared t'rat more than two-thirds of the m...,.,..rs composing the Council had voted
in favor of the motior. to suspend the rule and that it try=asTca:ried .4'_,3erc:en Roleson then moved
that the ordinance as read be adopted. This motior. cv~as duly seconded 'o;- ~lder:r,an Bollinger. and
en the roll being callaci the voting was as foi]_c;s;
Yeas: Aiderraen: Hai=, Roleson. Sims. Bledsoe, Bollinger. -~dan. and nines.
Revs: None.
The }:ayor declared that the ordinance had been adopted, and the r: cah.ed attention to the
fact that ;xcti.on 2, the emergency section, !nest be acopte_: !.con a s karate roll call ir. order
to 'oe effective,
Alterman Mimes then read. Section ?_ agair_. Alderman Hden moved. that Section 2 be adopted,
?'his motior was duly seconded. by -'_der_~:ar: Bledsoe, and en roll call the fo17_orring voted:
Yeas: Aldermen: Ray, Roleson, Sims, Dledsce. Bo1Lng'er. )den, and Hines.
Prays : .~ ~ ne .
I"ne i~iayor then declarasi that the o~~~'.~inarce and the emergency= section. had been dully passed.
and there-upon': he signed the orJ.n?<!ce ir. open Couricii meetir_g, his signature was attested by
the City Cler}- under the sea]. o° the City.
The ordinance read as fo].lcws:
~.,
oRDrd:rlcE IIO. 365
r1N OHT_1IPIt'dQCE APFROVJ;~iG REVIo%D ~F.T OF LOTS 23-35. BOTH INCLUSTv;;, BLOCK 7, LOTS 5-iA,
HOTS INCLUSIi~ ?lTD LOTS 24-36, 30TH INCLUSIVE, BLOC?C ?, A'v:,LON HEIGHTS E:iTENSIOfi.
BE IT_ 0.cDAII^ii:D 3Y T:-W CIi'Y COUIiCII. OF T:.rr. CITY OF ?~EaT ' ~:G'HIS:
`'n'C""CiI ' R;;dISIvi1 Or LOTS 23-35, BOTH IiCLUSIVE, 3LOCu 7, LOTS 5-18, BOTH INCLUSIVE,
LOTS 21~-30, BOTH INCLUSIVE, 3LOCI: 8, AV:LLON i~IGHTS EXTENSICId.
'That the original plat o£ Lots =3-35, both inclusive, 31ock 7, Lots 5-18, both
inclusive, and Lots 2!~-35, both inclusive, Block 8, Avalon Heights Exteasior. to the
City of 'west i•Iemphis. be revised as shown on r,7$ prepared. by Robert E. Fiovrell, Civil
Engineer, cn January ~. 1959.
SECTICPI 2: ^,.a::~GEIP~Y CLIUS'E: It appearing to the City Council that said lots are in
t e proce,^s of being developed; +,hat water, lights and. sewerage facilities have been
instal-led; that houses are in varying degrees of construction thereon, and this ordinance
being necessary for the immediate preservation o£ the public peace, health, safety,
welfare and futare development o_° the City o£ IJest Memphis. an emergency is declared to
exist, and this ordinance shall be in full force and effect after its passage and approval.
An ordinance entitled "4n Ordinance To ?ore Blocs One To Six (1-~) Both Inclusive of
Fourth Rich Eastern Addition 'To The City Of 4dest Memp'nis. Lying In The Southvrest quarter
(S'u11} of Section ;dine (9}, To;mship Six (6) North, Range Nir_e (9) East, Crittenden County,
Askansas," read the ~"first time on January 15, 1959, was read the second time. Alderman
Bledsoe then moved that the rule requiring the reading in full of an ordinance on three
different days be dispensed o-rith, The motion was seconded by glderman Ray, and on the roll
being called the voting was as follows:
'leas: r?lderren: Ray, Roleson, Sims, Bledsoe, Hollinger, Widen, and Rimes
Dlays: P?one
The 3?ayor declared that more than two-thirds o£ the members composing the Council
had voted in favor of the motion to suspend ti-,e rule and that it was carried. Alderman
Eden then moved. that the ordinance as read be adopted. This motior, was duly seconded by
Alderman Sims. and on the roll be::rtg called the voting was as follows:
Yeas: Aldermen: Say, Roleson, Sims. Bledsoe, Bo'_7-inge*~ Widen, and Hines.
Plays: Pdone.
The Mayor declared that the ordinance had 'peen adopted and. then ca'_ied attention to
the fact that Section L;, the emergency section, must be adopted upon a separate roll tail
in artier to be e_*"fective.
?lder^:an Rimes then read Section ~ again. Alderman Ray :roved that Section k be
adopted. This motion ?aas duly seconded by Alderman °oleson, and on roll call the fo17-owing
voted:
Yeas: ~~1dex^nen: :cay, Roles on, Sims, Bledsoe. Bolinger. Eden, and :-Ii.mes.
days : Dlone .
The P?ayor then declared that the ordinance and the emergency section had 'peen duly
passed, and thereupon he signed the ordinance in open Council meeting, his signature aas
attested by the City Clerk under the seal of the City,
The ordinance read as follows:
ORDPiTANCE N0. 3E6
ts1 ORD??'ILdCE 'TC 'BONE HLOCiCS ONE TO SA (1-0) BOTH INCLUSIVE OF FCUnTH RICH EAS1nRi~i
ADDITION TO 'T.T~ CITY OF WEST Itii'aiil5, LYIPIG IN 'THE SOUTH:dEST CZUARTER (S6d„) OF SECTTOPI NIN7!:
(9), TOJIIv?ShJ:P SA (G) NORTII, RANGE AILTIE (9) ;AST, CRITTENDEN COUNTY, ARI{ANSAS.
'.ihr,REAS, Notice eras duly given of a hearing before the Planning Commission of the
City of `•'lest P•Iemphis, to be had and held for the purpose of submitting plat, Bill of
Assurance and requesting of zoning of lands hereinafter described, and
'.^II1vPu AS, the Plat and Bill ~" Assurance were submitted to the Planning Commission,
and after consideration of said plat and Bill of Assurance by the Planning Commission, it
was the finding of the Piannirg Commission that the said plat and Bill of Assurance as
submitted should be approved, and that said lands should. be zoned as "A" Single gamily
residence area, and
.EAS, Notice *.aas duly given of a hearing to be held before the City Council at
7:30 P.i'd. on 'Thursday, January 15, L959, for the purpose of hearing all interested parties
in connection with the zoning of the lands hereinafter described, and
i;?-~_.'?E.iS, at said ;rooting, the o?aners of said lands appeared and requested that all of
said lands be zoned as "A" angle Family ?.esidential District; and
:dI~.t.REAS, no persons acpeared to protest against the zoning of sa_d lands, and after
hearing the ovmers and other interested persons, the Council finds that said lands should
be zoned as requested; PvG"vl, TIi.y EF9PS
BD IT C=.Jr',PiliD BY Thy GITY COuiiCx'1, OF T'ru: CITY OP 4•Tr:ST Is~i•,rHIS:
.~~,CTiO?i "x" .SING,c. F~.'SlY :.ESII:PC`~ DiSTICT: That the following lands, ton'it:
B1ocls One to Sis (1-^1 :;oth inclusive of Fourth Dich ~ stern ~•ddition
tc tl.e City of `.lest emph_s l,ring in the South~aest Kuarter (S'vi-' ~ of
Section iuire (9,, To„r<s'ir Sit (~~` orth, Range Pdine (9) East,
be, an~I the same are hereby zoned as an "r° Single Family Residence District.
SeC'iIOii ~ G:,DI...uICS i~1 C~:IF'DICT 'r.".3'.,'iT'-r' wF:I?DD: :;l_l Ordinances or pars., o~"
-in conflict iioretritl: are hereby revealed.
~iQ[v IiI. COPT Cr C~?.,L;'.;;„~ rl~:, Fv? F.c~ .D: __ cups, of this o=~din~c~. ~'rer. duly
cep by the City Cler=-, sha11 be ;ubjGCt to bai;.t filed in the C_°fice of the.
Circuit Cierl and Ex-Cf_"icio Recorder within. and for C'rttsnden Go•x`.~•; tLrl:ansas, for
reccrd.
3ECTICRu It'. .~.......y:C C;.,r1TO1: is hereby fotuzd and declared to be ~ fact ;,I;at the
1<.r:ds herein described. are be.ing1evo_orad for residential parpcses; that it is
necessar5• that said lands be zoned. ar_d that it would. be -o the best interest of the
City of -+est iiemnhis and. the citizens tlxareof that this Ordinance be approved; t'nerefore.
an emergency is declared to eist and this Ordinance shall be in full force and effect
frcm and after its passug:: ana approval.
17ayor ?'rice read the fo?.lo-~ln_ lc-tier received from the State Boarci of Health:
"L?ii.iTvSAB ST9TE BG:~P,"i OF' iIsAIrTE
little kocl.
_', January, 1955
The Honorable H. B, Price
:ay cr
'Wrest Iie!ar~his ~:rkansas
Dear Sii .
Tile 195F s; `istical report. o_" services randered b~- the rscrnsl o' the ' .. ~mphis
Brand-i. The6Crittenden Cou_n'.;- Healtl-. Department. vas ioeenorev_ewed or-ith much interest
here in our Central Cffice.
T1•.e City of'~`lest Ilar~piils. Crittenden County, anc'. staff :rembers ax°e to be ccn.:-.onded for
the fine beginning made ~r, pub'_ic _:e:alth w. or':; in the roncertrated area of Test i®rrpiLi s.
-'r. ... ~. Danc._o has oor.'~_^ibut~~ invaluable servi ce any'. gui dance in ~.._s ne;r ~anderta::ir.~
wi~ic:: *ae hope ?,rill evidence steady development anu grr,;~:-. in al'_ phases o` ~ruuL''c. he altli.
Hill Burton funds migh~ be available for tha construction. c£ a cit,-- or county health
unit for your area. vara7. localities are applying f^r these funds or. a pricrit~• basis.
Priority is established according to the date a letter i received f•em a maycr and county
judge indicating their desire t- p ~ticipate in Hill - or. £urds f..' this,ptn^cosE.
'u•t
,1 t::i poc.._.,ilit,,• has been considered and erplore~i, it will be rudent to ..ub: i
_etter o_° intent to D:^. J. ~_,ri~on, otu ~tata Heait_. _~ ^er. linon reca::st,cwe will b2
most happy ~~ worl: Haiti: yon in whatever mar_ner you th=n~ will prove m:,st effective.
eery truly yosrs,
/S, ~. J. ~r_,.~y~ _.. _.
_irector
The llureau o^ local Health Service
i:i.icr~.aa~: Bli:.ls oe ir~'ormed. the Council i~~i H. Dabbs ?lad contac tec.:_i:ri in reg~^d to
e:•:;,ension ti me fo .,ew era 1-i.:ta'~ ati:,x.~ dut do ., ..1 .,,~. con. ,~c..~ Ti::: .:ac=_1
<<ras in.ormec' vot:;.ce na :e.xcgive^, by the Gity ,. ~o r: ;r to ryDa-a'os or, -e'cr~,a^y _-59.
gra::i'^ a per.,.. o` ~C days -perform the. wcr:~. Mier disc ion.. :notion was mar,.. b1~
der°.an Rolesor. and secc.:-.yby lder.r,a:, ^ir:es: That -_. :Z. ._. Du'~bs be g at:teci a oer_o:l
0° (,(~ ~5 1'Dr.': +'ebt"nary ~ ~195~, fG ~C~-7~~1'ago _..o v2 „G.?5.
I:.^ fu•ther busineas ~rpearirg beTore ';he ~,+~xcil, mot'_.on wa: ^~ade by ~'_ia_„<m nieasoe
and .,~c~na~~d oV. ~:?x si. da- to a'.io•„rn. Upcn * ~.,- the •,-,;n€: ~,ra= ~o icl'. ;~._.
Yeas: ider!nan: Ra,}', Roieson. Sims. Dleisoe. 3c,1_nt;:r~. r,den. an. limes.
Iay« . -,ova .
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C1Tl Gii::c,-
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