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September 15, 196049~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, __ __HELD AT THR (:TTY HAS T. TN C6 Tn (TTY (iN TNR 1 5TH n4 V (1R CFPTTi •a 1 oh[1 F~T_'t D0,.4~~_ The City Council of the City of West Memphis, Arkansas, met in regular session in the City of West Memphis at 3:00 o'clock P.M„ on the 15th day of September, 1960. The following were present: I~ Mayor Howell B. Price, City Clerk Charles F. DeGraff; and Aldermen: R. C. Bowie, R. E. Eden, J, L. Lackey, R. H. Ray, Jr „ L, E. Roleson, C. H. Rowton, and Y. G. Sims; and City Attorney W, H. -illahunty. Absent: Alderman O. I, Hollinger. Mayor Price informed the Council the Planning Commission had recommended application of Walter Pitts Trucking Co, to construct a trailer court on Lots F, G, H, I, J, K, L, Block A, S outhcrest Subdivision be denied as the area is zoned light industrial. After discussion, motion was made by Alderman Roleson: That the action of the Planning Commission be confirmed, and the application be denied. The motion was seconded by Alderman Bowie, and the following vote was recorded: Ayes: Aldermen: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims. Nays: None. Notice of hearing published on September 2, 1960, to vacate a portion of Oliver Street upon petition of W. K. Ingram and Magalene M. Ingram was read. No one appeared to protest vacating said portion of Oliver Street. Thereupon Alderman Rowton introduced an ordinance entitled "An Ordinance Vacating A Portion Of Oliver Street In The M, L. Thompson Third Addition And Declaring An Emergency" which was read in full by Alderman Roleson. Alderman Sims 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 Lackey, and on the roll being called the voting was as follows: Ayes: Aldermen: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims. Nays: None. The Mayor 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 carried, Alderman Eden then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Bowie, and on the roll being called the voting was as follows: Ayes: Aldermen: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims. Nays: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 3, the emergency secltion, Mlu~t be adopted upon a separate roll call in order to be effective. Alderman Rowton then read Section 3 again. Alderman Roleson moved that Section 3 be adopted, This motion was duly seconded by Alderman Sims, and on roll call the following voted: Ayes: Aldermen: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims. Nays: None. The Mayor then declared that the ordinance and the emergency section 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, ORDINANCH NO, 395 AN ORDINANCH VACATING A PORTION OP OLIVER STREET IN THE M. L. THOMPSON THIRD ADDITION AND DECLARING AN BMERGENCY, WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the lot day of September, 1960, asking the City Council to vacate and abandon a portion of Oliver Street, which portion of said Street extends from the east line of 6th Street to the west line of 7th Street and where it intersects Block Eleven (11) of M. L. Thompson Third Addition and Elock Pour (4) of M. L. Thompson Third Addition extending from 6th Street to the west line of 7th Street as same now appears on record as per plat in Plat Book 1 at Page 184 of the Records in the office of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas, and WHER&lS, after due notices as required by law the City Council has, at the time and place mentioned in the notice, namely September 15, 1960, at 3:00 P, M, heard all persons desiring to be heard on the question and has ascertained that the portion of the street, as herein before described, has heretofore been dedicated for the public use as a street; that said street is unimproved and that the public interest and welfare will not be adversely affected by the abandonment and closing of such portion of Oliver Street, NOW, THHRHFORE, BE IT ORD9INED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1, The City of West Memphis hereby releases, vacates and abandons all its rights, together with the right of the public in general, in and to that certain portion of Oliver Street designed as follows: That portion of Gliver Street extending from the eastline of 6th Street to the west line of 7th Street and specifically where it intersects Block Eleven of M, L, Thompson Third Addition and Block Four (4) of M, L, Thompson Third Addition extending from 6th Street to the West line of 7th Street as shown by plat of said subdivision and recorded in Plat Book 1 at Page 184 in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. SECTION 2, A copy of this ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas. SECTION 3. This ordinance being for the immediate protection of the public peace, health and: safety, and in the interest of the public, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. +*~• Accounts Payable for August, 1960, were presented. After discussion, motion was made by Alderman Ray: That the accounts payable for August, 1960, be approved as presented and filed; and authorize, ratify, and/or confirm payment of the following: City of West Memphis-Payroll $912.13 Ozburn-Abston & Co. $63.71 City of West Memphis-Payroll 2,068,17 Ruff's Body Shop 75.00 City of West Memphis-Payroll 10,409,88 J. A. Riggs Tractor Co. 319 01 City of West Memphis-General 171.80 Tennessee Valley Electric . 10 16 City of West Memphis-General 43.40 W, M. Lumber Co. . 14 59 City of West Memphis-General 282.40 W, M. Welding Shop . 100 19 Director of Internal Revenues 2,529.00 City of West Memphis-Payroll . 1 865,05 Udis Ball. 50,00 City of West Memphis-Payroll , 914 48 W, Mutphy E A Ri III 175.00 City of West Memphis-Payroll 1 . 0,665.50 , , eves 69.38 Swim Pool Maintenance Fund 620 86 Baker ~ Taylor Co. 192.58 West Memphis Chamber of Comm. , 50 00 C. Gardner 15,.17 City of West Memphis-General , 38 30 Memphis News Co. 8.60 City of West Memphis-General . 153 10 New Method Book Bindery 74.01 City of West Memphis-General . 297 90 Southwestern Bell Telephone 17.51 District Director of Internal . Mayor H. B, Price 16,57 Revenues 2,478.20 hlrs. G. Lehr 75.00 City of West Memphis-Payroll 19 20 Business Men's Assurance ' 466,75 Churchill Nurseries . 72 00 Business Men s Assurance 85.25 Arkansas Paint & Glass , 4 76 Business Men's Assurance 20,11 Burnett Truck Lines . 17 20 Guaranty Loan Real Estate 987.85 Certified Products . 58 00 Guaranty Loan Real Estate 601.77 Chalmers Buick Co. . 90 76 W. M, Utility Comm, 4,236.56 Crittenden Memorial Hospital . 14 00 Klindworth Insurance Agency 1,360.58 Crittenden Publishing Co. . 98 00 Klindworth Insurance Agency 211,00 Curtis Automotive Devices Inc . 34 00 Farmers Hardware 14.83 , D X Sunray Oil Co. . . 5 00 Ideal Chemical 373,99 Dixie Disinfectant Co. , 18 95 MidSouth Gas Co, 61.93 Esso Standard . 2 426 83 Mid-South Medical Gases 5,25 Finley Electric Co, , . 36 67 Southwestern Beli Telephone 39,17 Farmers Hardware Co. , 14 89 W. M. Lumber Co. 16,66 Garrett Hardware . 23 75 W, M, Wholesale Grocery 13.80 GMC Truck , Asphalt Products Co, 396.08 Dr. J, G. Hawkins 16,32 18 00 Choctaw, Inc. 133.84 Hamilton Clinic , 3 00 Delta Ice Co. 70,00 Independent Linen Co. , 2 30 Farmers Hardware Co. 29,45 W. K. Ingram Construction Co , 800 00 Garrett Hardware 1.31 . Johnson Auto Co. . 37 61 Goodyear Service Stores 141.37 Leggett's Service Station . 2 60 Hawkins Equipment Co. 345.90 Tom Lloyd Tractor Co, , g 84 Hutcherson & Warren Service Station 2.75 Logan-Lesh Comm, , 34 92 IV. K. Ingram Construction 375,00 McCaw Chevrolet Co. . 40 16 Jay Chemical Co. 43.00 Matthews Glass . 10 49 W. S, Jordan Gravel Co, = 1,660,80 Martin Petroleum . 24 52 McCaw Chevrolet Co. 86.95 May, Graves, Inc, . 234 94 May, Graves, Inc, 96.14 Memphis Photo Supply , 38 MidSouth Gas Co, 38.63 Meriwether Apothecary . q 79 Mills-Morris Co. 4.24 Midwest Auto Parts . Motor Supply, Inc. 4,94 MidSouth Gas Co q 70 . 15.26 Mills-Morris Co. ~ 3.01 Motor Supply, Inc. 6.55 Orkin Bxtermination 50,00 Ozburn-Abston & Co „ Inc. 68.20 Russell Tractor Co. 280,86 Saunders Repair Service 57.42 Spotts Drug Store 1.42 Treve Smith, Inc. 202.80 Walter Thurmond & Sons 16,50 Texaco, Inc, g,7q Tayloe Paper Co. 144.68 Southwestern Bell Telephone Co. 363.92 Standard Parts Co, = 4,29 Wolf Tailoring Co. 51.00 Callagahan & Co, 20,00 S. C, Toof & Co, 15.97 W. M. Wholesale Grocery 17.95 W. M. Scrap Iron Co, 3,35 W. M. Veterinary Hospital 116.50 White Rose Industrial Laundry 9,60 W, M. Machine Shop 22.86 W. M. Tourist Court 3.00 Arkansas Best Freight 5.66 W, M. Laundry Cleaners 117.12 Raney Investment Co. Inc, 5,753.95 H. D, Hollad - Meals 1,788,85 City of West Memphis-Payroll 316.98 The motion was approved by Alderman Rowton, and the following vote was recorded: Ayes: Aldermen: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims. Nays: None, The Mayor announced that attention should be given to an ordinance calling a special election on the question of issuing bonds under the provisions of Act No. 9 of the First Extraordinary Session of the Sixty-Second General Assembly of the State of Arkansas, for the purpose of financing the cost of securing and developing industry within or near the City of West Memphis, and prescribing other matters relating thereto. Alderman Ray then introduced an ordinance entitled: "An Grdinance Calling A Special Election To Vote Upon The Question Of Issuing Bonds Under The Provisions Of Act No. 9 Of The First Extraordinary Session Of The Sixty-Second General Assembly Of The State Of Arkansas, Approved January 21, 1960, For The Purpose Of Financing The Cost Of Securing And Developing Industry Within Or Near The City Of West Memphis, Arkansas; Prescribing Other Matters Relating Thereto; And Declaring An Emergency" and moved that the ordinance be read in full. The motion was seconded by Alderman Bowie, and upon the question being put and the roll called, the following voted Aye: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted Nay: (None). The ordinance was then read in full by the City Clerk. Alderman Hden, secohded by Alderman Lackey, then moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that said ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted Nay: (None) Thereupon the Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read a second time by the City Clerk. Thereupon Alderman Sims, seconded by Alderman Roleson, moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that said ordinance be placed on its third reading. The question was put by the Mayor and on roll call the following voted: Aye: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted Nay: (None) The Mayor declared that at least two-thirds of all members elected to the Council have voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read a third time by the City Clerk, Alderman Rowton, seconded by Alderman Ray, moved that the ordinance be adopted. The question was put by the Mayor and on roll call the following voted: Aye: Howie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted Nay; (None) ~~ Alderman Eden, seconded by Alderman Lackey, moved that Section 6, the emergency clause, be adopted and on roll call the following voted; Aye: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted Nay: (None) The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 396. The ordinance read as follows: GRDINANCE NO. 396 AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE UPON THE QUESTION OF ISSUING BONDS UNDER THE PREVISIONS OF ACT NO. 9 OF THE FIRST SXTRA- GRDINARY SESSION OF THE SIXTY-SECGND GENERAL ASSEMBLY OF THH STATE OP ARKANSAS, APPROVED JANUARY 21, 1960, FOR THE PURPOSE OF FINANCING THE COST OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY OF WEST MEMPHIS, ARKANSAS; PRHSCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHHREAS arrangements have been made with ARECO, INC., an Arkansas corporation, for the location of an industrial plant within or near the City of West Memphis, Arkansas, which will manufacture coloring pigments for plastics, inorganic pigaments, stains and colors for tile, brick and glass manufacturing companies; and HHERPAS the location of the said industry within or near the City of West Memphis will alleviate unemployment, result in increased employment, result in increased payrolls, and will otherwise be beneficial to and in the best interests of West Memphis, Arkansas and its citizens and inhabitants; and WHHREAS in order to make the necessary arrangments for the financing of the cost of acquiring necessary lands and constructing and equipping a factory building and facilities thereon (hereinafter sometimes called the "project"), essential to the location of said industry, the City Council of the City has determined to issue, subject to the approval of the electors, City of West Memphis, Arkansas Industrial Development Revenue Bonds under the provisions of Act No. 9 of the Pirst Extraordinary Session of the Sixty-Second General Assembly of the State of Arkansas, approved January 21, 1960, (hereinafter sometimes called "Act No. 9") in an amount not to exceed $100,000 for the purpose of financing the cost of the project and necessary expenses incidental thereto, to the issuance of bonds, and to the providing of interest during the construction of the project; and WHERBAS the project will be leased to ARECO, INC., for a lease rental sufficient to pay the principal of and interest on the proposed Act No. 9 bonds, and paying agents fees in connection therewith, as the same become due and payable, and the said Jesse rentals will be pledged to the payment of the bonds, interest and paying agents fees and the indebtedness evidenced by said bonds will be secured by a first mortgage on the project; and, NOW, THEREFORE, BE IT ORD4INHD by the City Council of the City of West Memphis, Arkansas: Section 1. That a special election be, and the same is hereby, called to be held in West Memphis, Arkansas on the 19th day of October, 1960, at which election there shall be submitted to the electors the question of issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 in an amount not to exceed $100,000 for the purpose of securing and developing industry within or near the City of West Memphis, Arkansas (the particular project having been heretofore referred to and described). The bonds shall be dated December 15, 1960, with interest thereon payable semi-annually on June 15 and December 15 commencing June 15, 1961, at a rate to be hereafter determined, but not to exceed 67 per annum, and with the bonds to mature annually on December 15 of each year as follows: YEAR AMOUNT 1961 ?2,000 1962 3,000. 1963 3,000 1964 3,000 1965 3,000 1966 4,000 1967 4,000 1968 4,000 1969 4,000 1970 5,000 1971 5,000 1972 5,000 1973 5,000 1974 6,000 1975 6,000 1976 7,000 1977 7,000 1978 8,000 1979 8,000 1980 8,000 Section 2. That said question"shall be placed on the ballot for the special election in substantially the following form: Vote on measure by placing an "X" in the square above the measure either For or Against: For the issuance of Industrial Development Revenue Bonds in an amount not to exceed $100,000 _ ,L~ Against the issuance of Industrial Development Revenue Bonds in an mount not to exceed $100,000 ...............% / It is proposed to issue City of West Memphis, Arkansas Industrial Development Revenue Bonds under Act 9 of the First Extraordinary Session of the Sixty-Second General Assembly of the State of Arkansas, approved January 21, 1960, in an amount not to exceed $100,000 for the pursose_of financing the cost of securing and developing industry within or near the City of West Memphis, Arkansas. The bonds will be dated December 15, 1960, with interest thereon payable semi-annually on June 15 and December 15 and with the bonds maturing annually on December 15 in each of the years 1961 to 1980, inclusive. The particular industrial project consists of the acquisition of lands and construction and equipping of a manufacturing building and facilities thereon which will be leased to ARECG, INC, The rentals derived from the leasing of the project will be pledged to the payment of the princiapal of, interest on and paying agent`s fees in connection with the said revenue bonds, as the same become due and payable. The said revenue bonds will not be general obligations of the City of West Memphis, but will be special obligations payable solely from the lease rentals and revenues derived from the said industrial project and will be securedby a first mortgage on the said industrial project. Section 3. That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now or hereafter provided for municipal elections, so far as the same may be applicable, and the Mayor shall give notice of such election by an advertisement published once a week for four consecutive weeks in a newspaper having a bona fide circulation in West Memphis, .Arkansas, with the last publication to be not less than ten (10) days prior to the date of the election, and only qualified electors of West Memphis, Arkana5, shall helve the right to vote at said election on said question. Section 4. That the results of said election shall be proclaimed by the Mayor and his proclamation shall be published one time in a newspaper having a bona fide circulation in West Memphis, Arkansas, which proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of such proclamation. Section 5. That a copy of this ordinance shall be given to the Crittenden County Board of Election Commissioners so that the necessary election officials and supplies may be provided, Section 6. That there is hereby found and declared to be an immediate need for the securing and developing of industry within or near the City of West Memphis, Arkansas, in order to provide employment, alleviate unemployment and to supply increased payrolls and other benefits incidental to the establishment of a substantial industry, which industry can be secured only by the issuance of the above described bonds. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. Mayor Price informed the Council plat of Scott-Senhausen Subdivision had been presented to the Planning Commission on September 8, 1960, and that Commission had recommended the Plat be approved provided Bond Street Circle be extended in a northerly direction eliminating Lot 9, Block 3 thereby enlarging the frotage cf Lots 7, 8, 30, and 11. Mr. C. B. Senhausen and Mr, Fed Scott were present and presented a revised plat of the Subdivision as recommended by the Planning Commission. Mr. Bobby Lehr, an adjacent property owner was also present; and after discussion, Alderman Bowie, seconded by Alderman Lackey, moved that the Plat of Scott-Senhausen Subdivision lying-in the E? E~ of the SW4 Sec. 12, T-6_N, R-B-E be approved. The following voted: Aye: Bowie, Eden, Lackey, Ray, Roleson, Rowton, and Sims; and the following voted: Nay: (None) The owners of the property requested the Subdivision be zoned "A" Residental. Thereupon, Alderman Ray, seconded by Alderman Roleson, moved that Scott-Senhausen Subdivision be zoned "A" Residental. The following voted: Aye: Bowie, Eden, Lacks, Ray, Roleson, Rowton, and Sims; and the following voted: Nay: (None) ^r. Gues of West Memphis Transportation Company presented the following bus routes for transportiig students to schools in West Memphis: Route 1: Leave bus station go east on Broadway to 18th, south on 18th to Van Burean, out on 21st to Broadway, easton Broadway to Stuart, Stuart to Beatty to 36th, north to Ehurch, west on Church to Stuart, south on Stuart to Barton, west on Barton to Ingram, Ingram tc Broadway, Aroadway to Missouri north to Barton, Route 2 Leave bus station go east on Broadway to 24th, 24th to Thompson, east to Fallis, to Stuart, to Barton, west on Barton, up McAuley drive north to Su la Lane, Sula Lane to McAuley Drive S, to Scott, to Jaulia, tc McAuley Drive, to Ingram, to Broadway, to Missouri, to Barton. Route 3 Leave bus station to S, 2nd Street, to Jackson to Fourth to Broadway, east on Broadway to 8th Street, down 8hh Street to Jackson, east on Jackson to 10th, south on 10th to Madison, to 8th, south on 8th to Jefferson, across to Woods, north on Woods to Jackson, east on Jackson to S. Avalon to Hulbert School, north on Hulbert Road to Broadway, west to high school, north on Peace to Barton. The Council was informed fares for students will be 15c each way or 10 ridesin a book for $1.30, Overloading of busses was discussed and Mr. Guest assured the Council the busses would not be overloaded and extra buses would be added if the three busses would not be sufficient. Thereupon, Alderman Lackey, seconded by Alderman Eden, moved the routes and rates as presented by West Memphis Transportation Company be approved, The following voted: Aye: Bowie, Bden, Lackey, Ray, Roleson, Rowton, and Sims, Nay: (None) There being no further business, the meeting was adjourned. 1 i ATTES._. s. CLERK 1 .~ MAYOR APPROVED: GCTOBER 6, 1960