April 21, 1949991NU'1'L''S UN' A tti;UULAH -dhr;l'1NU UP' 1'HE GI 17 COUNCIL UP' '1'HL Cl'1'Y Ur' hYCSl' bfEMPHIS,
__: AR,KANSAS, ._F~D_AND,_ HELD: Vii: APRIL-21, ..1949. ..- _ _ . -. _.
The Council of the City of West Memphis met in a regular session at the City Hall in said
City at 7=30 P.M. on the 21st day of April, 19L9.
The meeting was called to order by the Mayor and upon the roll being called there wares
Presents p, M. Dacus in the chair and the following named Aldermens Curtis Foster,
James Bledsoe, P. B. Powers, Arthur Marschester, 0. I. Bollinger, and
R. L. Garrison; City Attorney J. H. Spears and City Clerk H. 0. Coats.
Absent: Aldermen R. R. Morley and C. H. Rowton.
It being determined a quorum was present, the following proceedings were had to-wit~,;z~-''
Minutes of the Adjourned Meeting on April 14th were read, Mayor Dacus requested the
approving of the minutes to be delayed until several actions taken by the Council on
April 14th could be discussed more fully.
Mayor Dacus next announced that the meeting was now open for discussion on a building
permit issued to A, L. Butler to move a commercial building from Broadway to the residential
zone on S. 11th Street, and that the Council on April 14th had refused the approval of the
permit when a group of citizens appeared before the Council to protest the moving of the
building due to it being 20 feet wide and buildings on 25 foot lots are restricted to 19feet
width, also that the building was in a dilapidated condition and unfit for human habitation.
Thereupon, Mr. S. L. Sims presented the following petition to the Mayor and Councils
PETITION
We, the undersigned citizens of West Memphis, Arkansas, residing on South Tenth,
Eleventh and Twelfth Streets, wish by this means to interpose by our strenuous
objection of the placing and locating of a wooden store building on South Eleventh
Street, in the City of West Memphis, Crittenden County, Arkansas, and have affixed
our signatures hereto.
We feel that the location of this frame building is a detriment to all surrounding
homes and is not a fit and proper building to be located in the residential section, and
that the location of said building will decrease the value of homes built and occupied
by the undersigned.
NA~~ ADDRESS
Bennie Newcomb Nest Memphis Ark.
Mrs. Bennie Newcomb Wes t Memphis Ark.
C. E. Godsey 634 S. 11th St.
J. 0. Smith 622 S. 11th St.
C. B. Thompson 618 S. 11th St.
Jim Miller 607 S. 11th St.
Luther Franks 100 7 J ackson
Ernest E. Cagle 613 S. 11th St,
Granville Brasfield 716 Soth 11th St.
Harry R. Steele 617 S. 11th St.
Edward Hatchett 715 S, 11th St.
S. L. Sims 635 S. 11th St.
C. A. Simpson 720 S. 11th St,
Earl Bruce 726 S. 11th St.'
Mrs. James Harrison 730 S. 11th St.
H. Brasfield 731 S. 11th St.
W. A. McKay 805 S, 11th St.
B. F. Medley 809 S. 11th St.
Mrs. James Scott 801 S. 11th Wit.
A. A. McKay 700 S, 10th St.
W. E. Fields 609 S. 11th St.
M, W. Kennedy 824 S. 12th St.
W. L. Kennedy 828 S. 10th St.
H. M. Kennedy 829 S. 11th St.
Connie Hatchett 812 S, 12th St.
Mrs. E. N. McKay, i~r. 813 S. 11th St.
E. N. McKay 817 S. 11th St.
Joe 1~eKay 822 S. 11th St.
Lewis Hathcock S. llth St.
J. V. Mize 800 S, 12th
Luther K. Knight 728 S. 12th St.
J. D. Rains 716 S. 12th St.
E. J. Grant 701 S. 12th St.
Leslie M. Wilson 63o S. 10th St.
D. V. Witherington Cor. 10th and Madison
M. C, ~7itherington Cor. 10th an d Madison
H. L. Holt 830 S. Tenth
Bailey Ford 829 S. Tenth
24 7
Thereupon, Mr. A. L. Hutler presented his side of the question. After discussion of the
matter with the Council and other interested parties, Mayor Dacus made the following recommenda-
tion to the Council That the City Council revoke Building Permit No. 7821; issued to Mr, A. L. Butler,
said permit having been temporarily revoked on April 14th. Thereupon the following motion was
made by Alderman Powers That Building Permit No, 782i~ be revoked, and that said building be
removed from the lot within 30 days as said building had been placed on the lot after permit
refused by the Council on April 14th. The motion was seconded by Alderman Manchester, and upon
the matter being called to vote, the following voted
Ayes James Bledsoe, P, B, Powers, A, R. Manchester, 0. I. Bollinger, R. L. Garrison.
Nays Curtis Foster.
Mayor Dacus advised the Council that the sight & rYater Commission would like to have
permission from the Council to pay X3,096.37 to General Electric Corporation for lighting
and electrical equipment recently purchased by the Light & 4`dater Commission.
Thereupon motion was made, passed and adopted recommending that the Light & Water
Commission pay said General Electric Corporation the $3,096.37 invoice.
Mr. R, F, Sorrells appeared before the Council to protest the running at large of dogs and
requesting that some action be taken by the Council on the matter. After discussion Mayor Dacus
advised Mr. Sorrells that the nexapapers would be advised to run articles notifying the owners
of dogs that any dogs caught running loose would be killed. Also, the Council discussed working
on a program with the local veterinarians on the vaccination of dogs in West Memphis.
Mr. Dudley Pritchard appeared before the Council to request the enforcement of the 30 minutes
parking restrictions. 'Thereupon, Chief Holland was called into the meeting and instructed to
advise Officer Barnes to check cars parked in the 30 minute parking zones..
City ~gineer Tegarden was instructed to have his crew repaint the parking lines along
Broadway,
Mayor Dacus advised the Council that due to an oversight the re-appointment of Charles J. Upton
as a member of the Light & 'adater Commission on May 1, 1947, had not been confirmed by the Council,
and that he recommended that Mr. Upton~s appointment as a member of the Light & Water Commission be
approved retroactive to May 1, 1947, Thereupon, the following motion was made by Alderman Garrison:
That dir. Charles J. Upton be appointed as a member of the Light & Water Commission and that the
approval be entered Nunc Pro 11inc. The motion was seconded by Alderman Bledsoe, and upon the matter
being called to votq the following voted;
Ayes Curtis Foster, James Bledsoe, P. B. Powers, A, R. Manchester, 0. I, Bollinger, and R, L, Garrison.
Nay: None.
Mayor Dacus advised the Council that the term of A. P. Dacus as a member of the Light & Water
Commission would expire on May 1, 191;9, and requested that the Council appoint a member to the
Commission to be effective May 1, 1949. Thereupon, the following motion was made by Alderman
Bollingerr That Mr, A. P. Dacus be re-appointed as a member of the Light & Water Commission
effective lay 1, 1949. The motion was seconded by Alderman Bledsoe, and upon the matter being
called to vote, the following voteds
Aye= Curtis Foster, James 3ledsoe, P. B, Powers, A. R. Manchester, 0, I, Bollinger, and R. L. Garrison.
Nay j~one.
Mayor Dacus advised the Council that an additional Ward, No. 4, had been added and two Aldermen
were elected on April 5ti from this 6Yard, and it would now be necessary to ascertain which Alderman
would serve a 1 year term and which would serve the two year term. Thereupon, a drawing was had for
terms by Aldermen A. R. ~`anchester and p. B. Powers for the 4th Ward. Alderman Powers drawing a 1
year term and Alderman Manchester drawing a 2 year term.
City Attorney Spears reported to the Council that at the Pre-trial Conference at Jonesboro,
Arkansas, on April 18, 1949, the case of Jack Bunn, Jr. Vs. Municipality of West Memphis was
dismissed on motion of Plaintiff and his Attorneys after motion and answer was filed by the
City of Nest Memphis. City Attorney Spears then requested the Council for direction as to further
participation by him/~~ie litigation, '1'h~reupon, Mayor Dacus recommended to the City Council since
the City Attorney had completed his duties as per agreement with the group prior to the trial
although the thief of Police and two policemen were still in the litigation, that agreement between
the Council and all other defendants was that when and if the City should be exonerated that his
duties as City Attorney would cease in this litigation. Motion was then made by Alderman Bollinger
as follows= That the Mayors recommendation to the Council concerning the City Attorneys partici-
pation in the litigation be adop~ed. THe motion was seconded by Alderman Bledsoe, and upon the
matter being called to vote, the`;fol].bvring voteds
Aye' Curtis Foster, James Bledsoe, P. B. Powers, A, R. Manchester, 0, I. Bollinger, and R. L, Garrison.
Nays None
E. J. Rubans and P. McClapahan of the West Memphis Transportation Company appeared before
the Council to request continuance of their Franchise granted by Ordinance No. 133 and repealed
by Ordinance i~o. 162 and gave as their reason that they did not have notice of the meeting or
intention of the Council in respect thereto.
Troy Denton of the Memphis-West Memphis Transit Company also appeared before the Council to
offer the services of his Company to the City.
:;after all parties had presented their positions, it was pointed out that the West Memphis
~'ansportation Company had violated all of the provisions of Ordinance No. 133;"that the agreement
entered into on December 9, 1948, had likewise been violated, and that either or any of these
reasons would be sufficient to revoke the Ordinance, but it was the consensus of opinion that they
should be given another opportunity to attempt to furnish a transit system for the City of
Pest Memphis and to see if they could comply with the Ordinance and furnish the type of service
required by Ordinance No. 133 or a similar Ordinance.
It was first discussed that they be permitted to operate without franchise for a period of
ninety (90) days to ive them an opportunity to demonstrate their ability to furnish an adequate
bus system for West ~mphie and to further see if they could and would comply with the provisions
of their original agreement with the City, and at the end of ninety (90) days, if they have
indicated their ability to provide an adequate service that they then be given a Franchise and
other methods were also discussed in an attempt to work out some solution to the problem. After a
discussion of the various means and methods whereby the matter might be continued on some basis
acceptableto the City, it was then decided to grant the West Memphis Transportation Company a
Franchise for a flat ninety (90) days with the understanding that if the Franchise was not fully
complied with and all of its provisions strictly followed-that the grant would end ipso facto
July 21, 1949; however, if it was fully complied with that it would be continued.
Thereupon Ordinance No. 163 was introduced in writing and read in full by Alderman Bledsoe.
Alderman Foster moved that the rule requiring said ordinance to be read in full on three
different days be suspended, and that said ordinance be placed on its second reading; motion
was seconded by Alderman Bollinger, and thereafter the Mayor put the question on the adoption
of said motion, and the roll being called, the following voteds
Aye: Curtis Foster, James Bledsoe, P, B. Powers, A. R. Manchester, O. I. Bollinger, and R. L. Garrison.
Nay: None.
Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second
reading. The ordinance was then read the second time by Alderman Powers.
Alderman Manchester then moved that said ordinance be now placed upon its final adoption;
motion was seconded by Alderman Garrison, and after due consideration thereof by said Council, the
Mayor put the question on the adoption of the motion, and upon the roll being called, the following
voted=
Aye: Curtis Foster, James Bledsoe, P. B. Powers, A. R. ~`anchester, 0. I. Bollinger, and R. L. Garrison.
Nay: None.
Whereupon the Mayor declared the motion duly carried and said ordinance placed upon its final
reading and adoption.
Said ordinance was read in full by Alderman Bollinger, who moved its adoption, seconded by
Alderman Manchester, and after due consideration thereof by said Council, the Mayor put the
question upon the adoption of said motion, and upon passage of said ordinance, and the roll being
called, the following voted:
Ayes Curtis Foster, James Bledsoe, P. B. Powers, A. R. Manchester, 0. I. Bollinger, and R. L. Garrison.
Nay: None.
Whereupon the Mayor called to the Council's attention that the ordinance, adopted, contained an
emergency clause and suggested that specific action should be taken by the Council on this clause.
Whereupon motion was made by Alderman Garrison and duly seconded by Alderman Bollinger that the
emergency clause of said ordinance be adopted, and the roll being called, the following voted:
Ayes Curtis Foster, James Bledsoe, P. B. Powers, A. R. Manchester, 0, 1. Bollinger, and R. L. Garrison.
Nays lone.
Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed
his approval to said ordinance and the City Clerk was directed to spread the same upon the record of
Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and
to number said ordinance No. 163.
Said ordinance to which no amendment was offered read as follows:
24e
ORDINANCE N0. 163
AN ORDINANCE GRANTING TO WEST MEMPHIS TRANSPORTATION COMPANY A FRANCHISE FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A PASSENGER BUS SERVICE OVER AND ALONG THE STREETS AND PUBLIC WAYS
OF THE CITY OF WEST MEMPHIS, ARKANSAS, FIYING A PRIVILEGE TA% THEREFOR, PROVIDING PENALTIES FL~R
THE VIOLATION THEREOF AND FOR OTIi~t PURPOSES.
BE IT ORDAINED by THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAN:
SECTION 1. That for the purpose of constructing, operating, and maintaining a passenger bus
service and system within the corporate limits of ?7est Memphis, Arkansas; the City Council of
the City of West Memphis, hereinafter referred to as the City, does hereby grant unto the
West Memphis Transportation Company hereinafter referred to as the City, does hereby grant
unto the YVest Memphis Transportation Company hereinafter referred to as the Company, and
unto its successors and assigns, upon the terms and conditions hereinafter set forth for a
period of ninety (90) days beginning on April 21, 1949, and ending on July 21, 1949, the
exclusive right to construct, maintain, and operate a bus system and service for the trans-
portation of passengers for hire over and upon the streets and public ways of the City of
'West Memphis as they now be, or may hereafter exist within the present boundaries of said
City, and any extensions thereof during the term of this franchise.
SECTION 2. That the rights and privileges above granted are subject b and are expressly
granted upon the following conditions and stipulations, to-wits
SECTION 3. This ordinance shall not become effective or operative unless the said Company
shall within ten days from the date of the adoption and passage of this ordinance file its
acceptance of the terms and conditions of said ordinance in writing with the City Clerk of
said City, said acceptance to be entered of record in the records of minutes of said City.
SECTION la. The Company shall within ten days after the acceptance of the terms and conditions
of said ordinance as aforesaid, file with the City Clerk an original or certified copy of a
policy of liability insurance, issued by some reputable insurance company, acceptable to said
City, which insurance company is authorized to do business in the State of Arkansas, insuring
said Company against public liability and property damage in not less than the following
amounts=
Public Liability: X5,000.00 to any one person and X25,000.00 maximum to all persons
injured in one accident;
Property 1~:~unage: $5,000.00 for each accident.
Said public liability insurance shall cover liability for injury to both passengers and
the general public and property damage and it is one of the conditions of this Franchise that
said insurance be kept in force at all times during the term of this Franchise or any renetival
hereof as herein provided.
SECTION 5. 'Phe Company agrees to begin operation of said bus system not later than thirty
days from its acceptance of the terms of this ordinance, and to provide and maintain proper,
adequate, and efficient equipment, instrumentalities and service at all times during the life
of this Franchise and ordinance so as to serve the safety, health, comfort, and convenience of
the public and also the employees of said Company.
SECTION 6. During the first year the company shall pay to the City of ~~est Memphis the sum of
1 (ones per centum of the gross receipts; during the 2nd (second) year 2 (2) per centum; during
the 3rd (third) year 3 (three) per centum; during the 4th (fourth) year !~ (four) per centum;
during the 5th (fifth) year 5 (five) per centum; during the 6th (sixth) year 6 (six) per centum;
during the 7th (seventh) year 7 (seven) per centum; during the 8th (eighth) year 8 (eight)
per centum; during the 9th (ninth) year 9 (nine) per centum; and during the 10th (tenth) year
10 (ten) per centum of the gross receipts from the operation of said bus system. The first of
such payments to be made on or before the 15th day of March, 1947, and on or before the 15th day
of each succeeding month during the terms of this franchise.
SECTION 7. The Company shall have the right and power during the term of this franchise to fix,
charge,~and collect reasonable fees for the services rendered by it to the public, provided,
howeve~ that before such right and power shall be exercised, it shall file with the City Clerk
of said City a schedule of fees, fares, or charges to be charged and collected by it together
with all rules and regulations governing the operation of said business, which it proposes to
put into effect. Fut before the schedule of fees, fares, or charges to be collected by said
Company together with the rules and regulations governing the operation of said business go
into effect the same shall be subject to approval by said City and said City reserves the right
to approve or reject the same in whole or in part and may, if it so elects, to have and conduct
public hearings with respect thereto.
The Company shall file a like schedule thirty days in advance of any changes which it
proposes to put into effect as to fees, rates, charges, rules or regulations and said City
reserves the right to pass upon the reasonableness of any proposed changes and to approve or
reject the same in whole or in part and may, if it so elects, to have and conduct public
hearings with respect thereto before passing on such changes; and no such rates, fares, fees,
charges, rules or regulations, amendments, alterations or changes thereof shall ever be put
into effect until the same shall first have been approved by said City.
/°
SECTION 8. Upon the acceptance of this franchise the Company shall within ninety days, file with
the City Clerk for approval or refection by the City its proposed route, schedule, and time table
and the manner of operation of said buses and the City retains the right to have public hearings
upon any proposed route, schedule, and time table, or change thereof, and to reject the same in
whole or in part; and, if a schedule and time table acceptable to the ;;ity is not proposed, the
City retains the right to fix, on its own motion, a schedule and time table that it thinks should
be adapted to the uses and needs of said City and the traveling public thereof, and if said
schedule is not adopted and used by said company the franchise shall be forfeited forthwith.
Thereafter the Company shall file a like schedule thirty days in advance of any changes which
it proposes to put into effect as to routes, schedules, time table, or other changes in the manner
of operation of said buses and said City reserves the right to pass upon the reasonableness of any
proposed changes and to approve or re3ect the same in whole or in part and may, if it so elects, to
have and conduct public hearings with respect thereto before passing on such changes and no such
changes of routes, schedule, or time table shall be effective until the same shall first have been
approved by said City. The City may, at its option, waive the thirty day waiting period herein
provided for.
SECTION 9. Said City either upon complaint or its own motion shall, upon first giving reasonable
notice, and after a public hearing, have the power to:
(a) FYx dust, reasonable, and sufficient rates to be thereafter charged by said Company
for the services it renders.
(b) To determine what is reasonable, safe, adequate, and sufficient service to be
rendered and furnished by said Company and to fix the same upon its own motion
by a proper resolution of City Council.
SECTION 10. The City reserves the right to make any changes in any and all streets or the grades
therefor whenever it sees fit to do so and shall not be liable to said Company for any damages or
looses to said Company that may be occassioned by such changes and whenever a change or alteration
is made the said Company, shall at its own expense, conform and adjust its routes, schedules, and
time table to comply with the new arrangement or system of street or streets.
SECTION 11. The Company shall keep and maintain during the continuance of its franchise its rolling
stock, equipment, and motive power in good condition and at all times maintain a first class system
and service.
SECTION 12. The Company sha71 confine itself exclusively to the carriage of passer gars except that
it may carry freight for its own use.
SECTION 13. The Company shall have the right during the continuance of this franchise to furnish
and collect the approved charge for the transportation of passengers; and for the purpose of giving
a continuous ride, the said Company shall give transfer tickets which will enable passengers at
all times during the operation of the said buses, to obtain for the payment of one fare; as herein
provided, a continuous one-way passage on any of its routes in said City limits; as herein fixed
or may be hereinafter fixed, provided that the Company may make such rules or regulations in
regard to transfers as to limit the time in which they are to be used, so that they may be avail-
able only for the first connecting car or bns, and as to any other matters necessary to protect
the Company from imposition and abuse of said transfers; provided further that all children not
over the age of five years, when accompanied by a fare-paying passenger shall be permitted to ride
free.
SECTION 11~. The Company shall not permit or allow any person or persons to operate a bus or
buses until said driver has passed a satisfactory driving test, has been given instructions in
safety precautions, and first aid. The Chief of Police of said City is hereby designated to
test the driving ability of any proposed drivers and until said drivers are deemed by the
Chief of Police to be qualified to operate a bus such person or persons shall not be permitted
to drive or operate said buses.
SECTION 15. Said buses shall be equipped with two doors for passengers to get on or off the said
buses, and also have a third door for emergencies.
SECTION 16. The City reserves the right to designate where regular bus stops are to be made.
SECTION 17. The Company shall begin to operate its buses not later than 5x30 A.N. and shall
continue to operate the same until 11;00 P.;d, on each day during the continuance of this
franchise. Such schedule shall be maintained during the continuance of this franchise and
said buses shall be run at intervals not to exceed thirty minutes apart.
SECTION 18. The said Company shall operate over the scheduled routes of said City at all times
and shall provide suitable ventilation on said buses in the summer months and provide suitable
heating facilities on said buses during the winter months.
SECTION 19. The Company shall keep and maintain a correct set of books showing the daily receipts
from all sources and shall file with the City Clerk on or before the 15th day of each month a
sworn statement showing the gross receipts for the preceding month, and the City shall at all times
have the right to make a complete examination of the books and accounts of said Company and such
examination may be made by agent, attorney, accountant, or any other person designated by said City.
SECTION 20. It is expressly agreed and understood that it is a condition precedent to the acceptance
of this grant that the said Company shall operate and maintain a complete bus system over the streets
of Mest Memphis and operate its entire system as herein provided and shall not be permitted to
abandon any street, streets, or parts thereof or cease to operate over said street, streets, or
parts thereof without the permission of the City Council and their failure to comply with this
franchise shall be sufficient grounds for the said City to declare this franchise forfeited.
SECTION 21. if the said Company violates or fails to comply with any of the terms and conditions
hereof or of any lawful order or decisiion of the City Council it shall be deemed guilty of a
24~
misdemeanor and upon conviction thereof shall be fined not less than Ten (10.00) Dollars nor
more than Five Hundred X500.00) Dollars and each day that said Company fail to comply with
said orders or decisions of the City Council or the provisions of this ordinance shall be
deemed a separate offense and shall be punishable accordingly and each such act shall be
deemed to be a separate offense and upon such failure or refusal to comply with this franchise
or the orders of said City or any decision thereof shall be grounds for the immediate revocation
of this franchise, provided, however, the said Company shall be entitled to a hearing, after
reasonable notice, before said franchise may be revoked.
SECTION 22. In consideration of the granting of this franchise the City of West Memphis
reserves an option to purchase and take-over said Company at any time upon the payment to said
Company, its successors, or assigns, the fair valuation of said rolling stock of said Company,
based upon the costs of replacement, and disregarding any value to be attached to said franchise.
The fair valuation to be determined by three competent appraisers, one to be selected by the
City, one by the Company, and the third to be selected by the two heretofore provided for, to
act as appraisers for said rolling stock. In the event an agreement can not be reached, which
is satisfactory to the City and/or to the Company, then the value shall be determined by deduct-
ing 20~ per year or fraction thereof from the invoice price of said rolling stock.
SECTION 23. Provided, however, if this ordinance shall be fully complied with in all its terms
the Company shall be granted the privilege of continuing under this ordinance until March 4, 19t~7;
provided further that the anniversary for computing the payments hereunder shall be computed as
of march 5, 19l~7.
SECTION 21~. If any section, sentence, phrase or word of this ordinance shall be declared
unconstitutional, then so much of the said ordinance as may be constitutional shall remain in
full force and effect.
SECTION 25. It is found and declared that the City of West Memphis is without adequate trans-
portation facilities and that a large number of inhabitants of said Oity are in need of the
service proposed to be provided by this ordinance; that the lack of such transportation
facilities has and is creating a situation that greatly affects the peace, health, happiness,
and convenience of the inhabitants of the City of tiYest Memphis by reason of all of which an
emergency is found to exist and so declared to exist and this ordinance shall be in Hill force
and effect from and after its passage and approval.
iHi-if#3Hk##iHt~)tit#
Mayor Dacus advised the Council that the third reading of the Mai or Street Plan
and Zoning Ordinanes had been delayed for a number of reasons and that it'was imperative
that the ordinances be passed as soon as possible. The new members of the Council advised
Mayor Dacus that they were familiar with the Ordinances and believed that passage of
the ordinances should be made at this meeting.
Thereupon, an ordinance entitled °An Ordinance ~'roviding For The Submission and
Approval of Subdivision Plans~~ was read the third time by Alderman Foster who moved that
the third reading of the ordinance be approved. The motion was seconded by Alderman
R. L. Garrison. Thereupon the Mayor put the question on the adoption of the motion,
and upon the roll being called the following voted:
Ayes Gurtis Foster, James Bledsoe, P. B. Powers, A. R. Manchester, O. I. Bollinger, R. L. Garrison.
Nay: None.
Whereupon, the "~ayor declared said motion duly adopted and said ordinance duly
passed, and signed his approval to said ordinance and the City Clerk was directed to
spread the same upon the record of Ordinances of the City of West Memphis, Arkansas,
and to have same published as required by law, and to number said Ordinance No. 164.
Said ordinance to which no amendment was offered read as followai
ORDINANCE NO. 164
AN ORDINANCE TO BE ENTITLED "AN ORDINANCE PROVIDING FOR THE SUBMISSION AND APPROVAL OF SUBDIVISION
PLANS.°
HE IT ORDAINED BY THE CITY COUNCIL OF THE QTY OF WEST MEMPHIS, ARKANSAS:
SECTION I - That before any property in the area covered by the Major Street Plan may be subdivided
into building lots a plan of such subdivision shall be filed with and approved by the City Planning
Commission and shall conform to the requirements contained herein.
SECTION II - DEFINITIONS - For the purpose of these regulations, certain terms and cards as used
herein are defined as follows;
(a) Building Lines: Aline parallel or approximately parallel to the street line denoting the
minimum horizontal distance to be permitted between the nearest right-of-way line of the street and
any enclosed portion of a building. Where both a minimum and a maximum building line is shown on a
plat, the minimum building line shall be interpreted as above described and the maximum building
line shall mean the maximum horizontal distance to be permitted between the right-of-way line of
the street and the nearest parallel or approximately parallel wall of a main building.
(b) City Council means the City Council of the City of West Memphis, Arkansas.
(c) Commission or Planning Commission means the City Planning Commission of the City of
West Memphis, Arkansas.
(d) Major Streets A traffic artery shown as a major street on the Major Street Plan of the
City of West Memphis.
(d) Subdivision: The division or re-arrangement of a lot, tract, or parcel of land into two
or more lots, tracts, or parcels of land for the purpose of sale, or as building sites, either
immediately or in the fixture, where such division or re-arrangement reduces the width, depth, or
area of the original lot, tract, or parcel of land, or changes the front of such lot, tract, or
parcel of land from one street to another.
SECTION III - PRELIMINARY PLAN - In seeking to subdivide land into lots or building sites, or
to dedicate streets, alleys or land for other public use, the owner shall submit two (2) copies
of a preliminary sketch plan to the f'J.anning Commission before submission of the final plan.
The preliminary plan shall be drawn to scale, (not over 100 feet to the inch), and shall show;
(a) The location of all existing property lines, streets, alleys, buildings, water
courses, sewer mains, water mains, culverts and other underground structures, easements,
building lines and other existing features within the area to be subdivided and for all
property immediately adjacent to such area.
(b) The names of all adjoining subdivisions and th4 names of owners of all adjoining
lots or tracts.
(c) The proposed location and width of all streets, alleys, lots and building lines, also
the zoning district or districts in which the land to be subdivided is located according to the
Zoning Ordinance.
(d) The title under which the proposed subdivision is to be recorded, the name of the
subdivider and the name of the engineer, desigrxer or surveyor plating the tract.
(e) The character and general details of type of development proposed shall be shown on the
preliminary plan or contained in a written, signed statement attached thereto.
(f) The Commission may require a contour map, showing contour intervals of two (2) feet or
less. Elevations shall refer to official datum where bench marks are reasonably accessible.
(g) The Commission shall either conditionally approve or shall disapprove such preliminary
plan within thirty (30) days after its submission. If the plan is conditionally approved, the
conditions of approval shall contain the following requirments:
1. That any changes the Commission deems necessary (in order that the subdivision
conform to the regulations and the City Plan of the City of ''+~est Memphis), be made.
2. That proper final plans be submitted, compl.yin~ with the provisions herein set
forth for final plans.
3. That the owner enter into a contract with and satisfactory to the City Council of
the City of West 'M'emphis relative to the improvement of all streets and alleys involved, and the
necessary drainage of the property.
24
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__ _ .: _ ..
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SECTION IV - FINAL PLAN - The final plan on tracing cloth with four (4) prints thereof shall be
submitted to the Commission. This plan shall be drawn to scale, not mare than one hundred (100)
feet to the inch, from an accurate survey. In certain unusual instances, for example where
the area to be subdivided is of unusual size or shape, the Commission may permit a variation
in the scale of the final plan.
The sheet on which the final plan is drarom shall conform to one of the four following sizes:
10 inches by 12 inches; 12 inches by 20 inches; 20 inches by 24 inches; 24 inches by !i0 inches.
If more than two sheets are required, an index sheet of the same dimensions shall be filed, show-
ing the entire subdivision on one sheet and the portion thereof contained on each of the other
sheets.
THE FINAL PLAN SHALL SHOWS
(a) The title under which the subdivision is to be recorded, the name of the subdivider
and of the engineer responsible for the plan; also classification of the property under the
Zoning Ordinance.
(b) The boundaries of the property, the lines of all proposed streets and alleys with
their width and names and any other portions intended to be dedicated to public use. In the
case of branching streets, the line of departure from one street to another shall be indicated.
(c) The lines of all adjoining properties and the lines of adjacent streets and alleys,
with their width and names.
(d) All lot lines, lot numbers and block numbers. Bu9_lding lines and utility easements
shall be shown and determined by measurements. A utility easement having a minimum width of
five (5) feet shall be shown across the rear of all lots and at such other locations as the
Commission deems necessary.
(e) till dimensions, both linear and angular, necessary for locating the boundaries of
the subdivision, lots, streets, alleys, utility easements acid building lines. The linear
dimensions shall be expressed in feet and decimals of afoot.
(f) Radii, arcs and chords, points of tangency, central angles for all curvi-linear
streets and radii for all rounded corners.
(g) Location and description of all monuments. A suitable permanent monument of stone,
iron or concrete shall be located at all intersections of street and alley lines with other
street and alley lines and with the boundary lines of the subdivision. They shall also be
located at all points where there is a change of alignment in a street line, alley line or
subdivision boundary line.
(h) Any restrictive convenants to apply to lots in the subdivision shall either be
shown on the plan or reference to same shall be made thereon. In the latter case, the
subdivider shall file a copy of the convenants with the Planning Commission and shall file
a copy of same £or record in the office of the County negi.ster of Crittenden County, Arkansas.
(i) A properly executed certificate, (in accordance with forms on file in the office of
the Commission), showing adoption of the plan, dedication of the portions intended for public
use, arnership of the property and that the property is not encumbered by any deliquent taxes.
(j) A properly executed certificate of survey, in accordance with form on file in the
office of the Commission, showing that the plan was prepared from information actually
obtained by accurate survey of a licensed engineer.
(k) N form for approval by the Planning Commission and a form for approval by the City
Council, both in accordance with forms on file in the office of the Commission.
SECTION V - ACRED SUBDIVISIONS - Where the area is divided into larger tracts than for normal
building lots and in the opinion of the Commission, any or all of the tracts are susceptible
of being resubdivided, the street and lot arrangement of the original subdivision shall be
such that additional minor streets can be opened at locations permitting a logical arrangement
of streets and normal building lots.
SECTION VI - RELATION TO ADJOIN STREET SYSTEM - The arrangment of streets in new subdivisions
shall provide for the continuation of existing streets in ad oining subdivisions (or their
proper projection where adjoining property is not subdivided insofar as they may be necessary
for public requirements. The width of such streets in new subdivisions shall not be less than
the mimiIDUm street widths herein established. The street and alley arrangement shall be such
as to cause no undue hardship to owners of adjoining property.
Whenever there exists a dedicated or platted half-street or alley adjacent to the tract
to be subdivided, the other half of the street or alley shall be dedicated.
SECTION VII - STREET ARID ALLEY uYIDTHS -
(a) The width for major streets shall conform to the width designated on the major street
plan. rYhere the property being subdivided abuts a major street, any land necessary for widen-
ing the major street shall be dedicated.
(b) The minimum width for minor streets shall be fifty (50) feet, except that in cases
where the topography or special conditions make a street of less width more suitable, the
Commission may waive the above requirement. ~~here the property being subdivided abuts a
minor street, any land necessary for widening such street shall be dedicated.
(c) The minimum width of any alley shall be ten (10) feet. Alleys shall be provided at
the rear of all business lots tut shall not be provided for residential lots except under unusual
conditions. A five foot cut-off shall be provided at all acute and right angle alley intersections.
However, there shall be dedicated an easement across the rear of all residential lots for untilties
and drainage, which easement shall be sufficient in width to meet the requirements as may b®
determined by the Planning Commission or City Council.
SECTION VIII - BLOCKS -
(a) No block shall be longer than one thousand (1000) feet between street lines.
(b) Whenever a new aubdiviion is located at a considerable distance from any other subdivided
property, the width of blocks, except for special reasons, shall not be less than two hundred
fifty (250) feet.
(c) Where it is desired to subdivide a parcel of land which, (because of its size, shape,
topography or location), does not permit a subdivision with a normal street arangement, there may
be established a ~~Place„. Such a ~~place~~ shall be of the cul-de-sac type and the closed end
shall provide a turning loop having a minimum radius of forty (1t0) feet.
SECTION IX - LOTS -
(a) For rectangular residential lots the minimum width shall be forth-five (45) feet, the
minimum depth shall be one hundred ten (110) feet and the minimum area shall be four thousand
nine hundred fifty (4,950) square feet.
(b) For irregular shaped residential lots the minimum width at the building line and at
a point forty (40) feet back of the building line shall be fifty (50) feet, the minimum depth
shall be one hundred (100) feet and the minimum area shall be five thousand (5000) square feet.
(c) Corner lots shall have sufficient width to permit the maintenance of the side
street building line after providing a minimum buildable width of thirty (30) feet and a
minimum side yt>rd, as required by the Zoning Ordinance, on the interior side of the lot.
(d) All side lines of lots shall be at right angles to straight street lines or radial
to curved street lines. Lots with double frontage shall be avoided.
(e) Lots on mayor street intersections and at all other points likely to be dangerous
shall have a radius of not less than fifteen (15) feet at the street corner. On business lots
a chord may be substituted for the arc.
SECTION X - CHARACTER OF DEVELOPPdEPIT - The Commission shall have the right to agree with the
subdivider regarding the type and character of development that will be permitted in the
subdivision and may require that certain minimum regulations be incorporated in restrictive
covenants to apply to all lots in tie subdivision. Such regulations shall be for the
protection of the character and value of the surrounding development as well as to secure the
most appropriate character of development on the property being subdivided.
SECTION XI - PARKS, SCHOOL SITES, ETC. - In subdividing property, due consideration shall be
given to the provision of suitable sites for schools, parks and playgrounds, in conformity with
the City Plan of the City of ~'~est Me{chis, Such provisions shall be indicated on the preliminary
plan in order that it may be determined when and in what manner such areas will be dedicated to
or acquired by the city.
SECTION XII - STREET NAMES - Any street that is to be approximately in alignment with an existing
street shall bear the name of the existing street. All other streets shall be assigned names
which do not conflict with names of existing streets.
SECTION XIII - SUBDIVIDING FOR A MORE RESTRICTED USE THAN PROVIDED BY ZONING - 1Jherever property
is subdivided with the intention that it shall have a more restricted use than that designated
on the Zoning District Map, such use shall be stated. The building lines and other regulations
affecting the more restricted use shall be provided for and noted on the aubdivison plan, and
the subdivider shall file a petition requesting that the property be rezoned to the more
restricted zoning district.
SECTION XIV - IMPROVEMENTS - Upon receiving conditional approval of the preliminary plan by t'he
Planning Commission, t he subdivider shall have the final plan prepared and shall file same with
the Commission. If the final plan contains all the changes, ordered by the Commission and
conforms to these regulations, the Secretary of the Commission shall execute the form showing
approval by the Planning Commission and shall forward all copies of the plan to the City Council
with a letter of transmittal advising that the Planning Commission has approved the plan and
recommended same to the City Council for approval on condition the owners enter into a contract
with and satisfactory to the City Council relative to the improvement of all streets and alleys
involved, and the necessary drainage of the property.
Before approval of the plan by the City Council, a contract shall be entered into which
shall require, subject to such additional terms and conditions, and such modifications as the
City Council shall approve, the followings
(a) The subdivider shall grade and gravel all new streets and alleys within the
subdivision in accordance with the standards and specifications of the City of ~~est Memphis.
(b) The subdivider shall construct curb, gutter and sidewalk on both sides of all new
streets within the subdivision in accordance with the standards and specifications of the
City of West Memphis.
24.
(c) The subdivider shall construct the necessary facilities, as determined by the
City of ZNest Memphis, for adequate drainage of the area being subdivided.
(d) The subdivider shall construct or pay for the construction of the necessary sewer
mains to serve the subdivision.
(e) In lieu of the completion or installation of the above improvements, before the
final plan is approved and recorded, the City Council may accept a cash deposit or a surety
bond to secure to the City the actual construction of such improvements within such time
as may be specified by the City Council..
In order to facilitate the preparation and executions of the contract, street plans of
all new streets and alleys in the subdivision shall be furnished for permanent possession
to the City of ti~est Memphis. Street plans shall consist of plan and profile, drawn to a
scale of one inch equals Lt0 feet horizontal and one inch equals four feet vertical, on
standard plan and profile cloth in sheets 24 inches wide and 30 inches long, profiles shall
show accurately the profile of the street or alley along each property line and along the
center line.
SECTION XV - VARIATIONS AND EXCEPTIONS - Whenever, because of unusal topographic conditions
or other exceptional circumstances, a strict enforcement of Sections 5, 6, 7, 8 and 9 would
work an unnecessary hardship on the subdivider, the Planning Commission may vary or modify
the provisions of these sections in such a way that the subdivider is allowed to develop his
property in a reasonable manner, bud at the same time the public welfare and interests of
the City are protected and the general intent and spirit of these regulations are preserved,
and recommend the plan as varied to the City Council for final approval or refection.
SECTION XVI - ENFORCEMENT - No plat or plan of any subdivision of land within the area
covered by the mayor street plan of West Memphis shall be eligible for registration and shall
not be filed for registration in the office of the Register of Deeds of Crittenden County
until such plat or plan has been approved in writing by the City Council. Should a plat be
recorded in said office without complying with this Ordinance, the party filing such plat,
his heirs or assigns, shall not be entitled to receive any compensation or damages on account
of the opening or widening and establishing of any street, alley or lane in, along or through
such subdivision.
iVo owner or agent of the owner of any land located in a subdivision, as defined in these
regulations, shall transfer, ;ell or offer such land for sale before a plat of said subdivision
has been duly approved and recorded in the office of the Recorder of Deeds of Crittenden County,
Arkansas.
The description only by metes and bounds in the instrument of transfer of any lot or parcel
of land involving a division of property shall be presumed to be an attempt to evade these
regulations and such instrument shall not be eligible for registration in the office of the
Recorder of Deeds of Crittenden County, Arkansas.
No street number and no building permit shall be issued for the erection of any building
in the City of West Memphis on any lot, tract, or parcel of land with a width, depth, or area
less than the original lot, tract, or parcel of land in a duly approved and recorded subdivision;
provided, however, in any such case where the City Clerk is satisfied that no attempt is being
made to defeat or evade the purpose of the regulations herein set forth, and a plan of subdivision
is unnecessary to protect the public interest, a street dumber and a building permit may be
issued. In all cases the main building shall front the street which the lot fronts. Street
numbers and building permits for only one main building shall be issued for each lot; provided,
however, where it satisfactorily appears to the City Clerk that the erection of more than one
building on a lot, tract, or parcel of land does not in any way violate the purpose of the
regulations herein set forth nor the providions of the Zoning Ordinance, he may issue street
numbers for more than one building on such lot, tract, or parcel of land.
No sewer, water or gas main or pipe or other improvement shall be voted or made, nor shall
any public money be e:~ ended within any lands laid out in building lots, streets or alleys,
where the improvements are for the benefit of such lands, until the plan, plot or replot of
such land shall have been approved by the City Council and recorded in the office of the Recorder
of Deeds of Crittenden County.
The approved plan of any subdivision shall be recorded in the office of the Recorder of
Deeds of Crittenden County, Arkansas, within thirty (30) days from the date of approval by the
City Council of the City of +~est Memphis or said approval shall become void.
The map or plat of any subdivision in or addition to the City of West Memphis when made,
acknowledged, duly accepted by the City Council, and recorded shall be a sufficient conveyance
to vest the fee of such parcels of land as are therein named, dedicated or intended for public
use in the City of West Memphis.
SECTION XVII - VIOLATION AND PENALTY - if any personal shall offer for sale any lot within any
subdivision in or addition to the City of Y~est Memphis before the plat thereof be made out,
acknowledged, approved and accepted by the City, and recorded as provided in the preceding
sections, such person shall be deemed guilty of a misdemeanor, and upon conviction therefor,
shall be fined in any sum not less than $100.00 nor more than X1,000.00, and if such offense
is continued, each day shall be taken and considered as a separate offense.
SECTION XVIII - There is hereby adopted a Mayor Street Plan, which is included in this Ordinance
and made a part hereof, and when said Mayor Street Plan is duly authenticated, it shall be subject
to being recorded in the Circuit Clerk's Office of Crittenden County, Arkansas, and said map is
hereby adopted as the Mayor Street Plan of the City of ~'~est Memphis and the vicinity and is
included in this Ordinance and identified as Major Street Plan and further identified as being
P1ateNo. 3.
There is also adopted and made a part of this Ordinance a Mayor Street Plan Inside the City,
and when authenticated by the City Clerk will be subject to being recorded in the Cffice of the
Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas.
Both these maps referred to in this section are made a part of this Ordinance by referee ce
thereto and are incorporated herein and said Mayor Street Plan Inside City is further identified as
P1ateNo. 4.
When these two maps along with the Zoning District Map referred to in Ordinance No. 16$ have
been recorded in the Circuit Clerks Office within and for Crittenden County, Arkansas, they shall
then become the official mayor street plan both inside and outside said amity of ~dest Memphis,
Arkansas.
SECTION XIY - COk1FLICTING PROVIDIONS REPEALID - X11 ordinance or parts of ordinances in conflict
with any of the provisions of this ordinance are hereby repealed.
SECTION ICY - VALIDITY - If any section, clause, paragraph, provisions or portion of this ordinance
shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding
shall not affect uny other sections, clauses, paragraph, provisions or portions of this ordinance,
the City Council hereby expressly declaring that it would have passed the remaining portions of
this ordinance with the invalid portions omitted.
Mr. E. J. Rubens then reported to the Council that he had been selected by the group of
citizens from Bond Street who had appeared before the Council on March 3, 1949, to protest the
proposed zoning ordinance to advise the Council that they withdrew their protest provided that the
following classification be added to Section $ of said ordinance: xetail Stores Selling New
Merchandise Only. The recommendation of the citizens was approved and added to the ordinance,
thereupon the ordinance entitled "An ordinance to regulate and restrict the location of trades
and industries and the location of buildings designed for specified uses, to regulate and limit
the height and bulk of buildings hereafter erected or altered, to regulate and determine the area
of yards, courts and other open spaces surrounding buidings, to regulate and limit the density of
population, and for said purposes to divide the City into districts and prescribe penalties for
the violation of its provisions and to provide for its enforcement~~ was read the third time by
Alderman Garrison, who moved that the third reading of the ordinance be approved. The motion was
seconded by Alderman Bollinger. Thereupon, the Mayer put the question on the adoption of the motion,
and upon the roll being called the following votedt
Ayes Curtis Foster, James Bledsoe, P. B. Powers, A. R. Manchester, C. I. Bollinger, and R. i.. Garrison.
Nays None.
Nhereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and
signed his approval to said ordinance and the City Clerk was directed to spread the same upon the
record of Ordinances of the City of west Memphis, Arkansas, and to have same published as required
by law, and to number said Ordinance No. 16$.
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ORDINANCE N0. 165
AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND ]NDUSTRIES AND THE LOCATION
OF BUILDINGS DESIGNED FOR SPECIFIED USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILD-
INGS IiEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, OOURTS AND
OTHER OPEN SPACES SURROUNDING BUILDINGS, Ta REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FUR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS AP1D PRESCRIBE PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS BJFORCEMENT.
HE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that:
SECTION 1. Definitions.
For the purpose of this Ordinance, certain terms and words are herewith defined as
follower
Words used in the present tense include the future; words in the plural number include
the singular; words in the singular number include the plural; the word ~~building~s includes
the word ~sstructure~~; the word ~~shall~~ is mandatory and not directory; the word ~~lot~~
includes the word ~splot~~; the terra ~~used fore includes the meaning ~~designed fore or
~~intended fors.
1. An :'Accessory Building or uses is a subordinrste building or use customarily
incident to and located on the lot occupied by the main building or use.
2. Alleys A public way less than thirty (30) feet in width which affords only a
secondary means of access to abutting property.
3. Apartment See Family Unit.
4. Apartment Houses See Dwelling, Multiple.
5. Apartment Hotel: A building containing both family units and non-family units and
in which services customarily furnished in hotels are availab7.e to the tenants.
6. Basement: A story having part, but not more than half its height below grade. A
bssement is counted as a story for the purpose of height regulation.
7. Boarding Houses A residential building, where for compensation, meals, or lodging
and meals, are provided for fur (!~) or more, but not exceeding twenty (20) persons and provided
there are not more than twelve (12 sleeping rooms for such guest.
B. Buildings Any structure having a roof supported by columns, piers or walls, designed
or intended for the support, enclosure, shelter or protection of persons, animals or chattels.
Wk-en a structure is divided into separate parts by unpierced walls extending from the ground
up, each part is deemed a separate building, except as provided in Section 10.
9. Buildable width or Building depths The width or depth respectively of that part of
the lot not included within the open spaces herein required.
10. Cellari A story having more than one-half (1/2) of its height below grade. A cellar
is not included in computing the number of stories for the purpose of height measurement.
11. Courtr An unoccupied space, open and uncovered at the top, wholly or partially
enclosed by the walls of a building or a group of buildings. It may begin at the grade level
or at the level of any floor of an adjacent building which it serves.
12, Court, Inners A court entirely within a building or surrounded by walls or by walls
and an interior lot line. It shall be not less than two and one-half (21/2) inches in width
or length for each foot of its height and in no case shall its least dimension be-less than
six (6) feet.
13. Court, Outer: A court with at least cne side open to a street, alley or yard. It
shall be not less than two (2) inches in width or length for each foot of its height and in
no case shall its least dimension be less than five (5) feet.
11t. Curb Level The mean level of the curb in front of the lot, or in the case of a
corner lot, along that abutting street where the mean curb level is the highest.
15. Districts '~ section or sections of the City of West ~'emphis for which the regulations
governing the use of buildings and premises, the height of buildings and required open spaces
are uniform.
16, Dwelling: Any building, or portion thereof, which is designed or used exclusively for
residential purposes.
17. Dwelling, single family: A building designed for or occupied by not more than one (1)
family.
18. Dwelling, Two Familty: A building designed for or occupied by not more than two (2)
families.
19. Dwelling, Multiple ~' building designed for or occupied by more than two (2) families.
~~
20. Familys Any number of individuals occupying a premises and living together as a single
housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or
hotel, as herein defined.
21. Family Unit: A suite of one or more rooms having separate cooking facilities, used as
the domicile or home of one family of household.
22. Frontage: x11 the property on one side. of a street or place between two intersecting
streets or places (crossing <~r terminating), or if the street or place be dead-ended, then
all of the property abutting an one side betvreen an intersecting street or place and the dead-end.
23. Garage, Community: Any building or premises, other than a public, private or storage
garage, providing storage for power driven vehicles, having no service facilities other than for
washing; such garage to be in lieu of private garages for occupants of abutting properties.
24. Garage, Privates An accessory building used exclusively for housing power driven
vehicles which are the property of and are used by the occupants of the lot on which the same
is located.
25. Garage, Public= Any building or premises used for the storage or care of power driven
vehicles where any such vehicles are equipped for operation repaired, or kept for remuneration,
hire or sale.
26. Garage, Storages Any building or premises, except those defined as a community, private
or public garage, providing storage for power driven vehicles and having no service facilities
other than for washing.
27. Height of &tildingss The vertical distance measured from the highest of (a) the curb
level, (b) the established or mean street grade in case the curb has not been constructed, (c) the
average level of the finished surface of the ground within ten (10) feet of the building where the
building sets back ten (10) feet or more from the street line, to the level of the highest point of
the roof beams of flat roofs or roofs inclining not more than one inch to the foot, and to the mean
height level between eaves and ridge for other roofs.
28. Hight of Yard or Courts The vertical distance from the lowest level of such yard or court
to the highest point of any boundary wall.
29. Home ~ccupatpion: Any occupation in connection with which there is used no sign nor
display that will indicate from the exterior that the building is being used, in whole or in part,
for any purpose other than that of a dwelling; in connection with which there is; (a) no stock in
trade kept nor commodity sold upon the prises; (b) no food prepared, (c) no person employed other
than a member of the imrre diate family residing on the premises, (d) no mechanical equipment used
except such as•is permissable for purely domestic or household purposes.
30. Hotels A building occupied or used as a more or less temporary abiding place of indivi-
duals or groups of individuals who are lodged, with or without meals and in which there are more
than twelve (12) sleeping rooms, and no provision for cooking in individual rooms.
31. Lodging Houses A residential building where lodging only is provided for compensation to
four (Ls) or more, out not exceeding twenty (20) Persons and which does not contain more than twelve
(12) sleeping rooms for the accommodation of paying guest.
32. Lots Land occupied or to be occupied by a building and its accessory buildings together
with such open spaces as are required herein, and having its principal frontage upon a street or
officially approved place.
33• Lot, Corners A lot abutting upon two or more streets at their intersection.
31~. Lot, Double Frontage or Through: `' lot having a frontage on two non-intersecting Streets
as distinguished from a corner lot.
35• Lot, Interior: A lot with frontage on only one street.
36. Lot Depth. The mean horizontal distance between the front and rear lot lines.
37. Lot Frontages A lot shall be deemed to front on that street on which it has its least
dimension, unless otherwise specified by the City E~ gineer.
38. Lot liness The lines bounding a lot as defined herein.
39. Lot Width: The mean horizontal distance between the side lot lines measured at right
angles to the depth.
LiG. Non-Conforming Use, Building or Yards One that does not, by reason or design or use,
conform to the regulations of the district in which it is situated.
U1. Open Porchs A roofed space attached to a building on one side and open on the three
remaining sides.
1t2. Places An open, unoccupied space other than a street or alley permanently reserved as the
principal means of access to property abutting thereon.
43. Row House: A multiple family dwelling in which the units are joined in parallel, or side
by side, each having a separate front entrance facing a dedicated street or approved place and a
separate rear entrance or exit to a rear yard.
44. Stable, Privates Astable with a capacity for not more than four (4) horses.
45. Stable, Public: Astable with a capacity for more than four (4) horses.
46. Story: That portion of a building, other than a cellar, included between the surface
of any floor and the surface of the floor next above it, or, if there be no floor above it, then
the space between the floor and ceiling next above it.
47. Story, Halfs A space under a sloping roof which has the line of intersection of roof
decking and wall face not more than three (3) feet above the top floor level. A half-story
containing an indeptendent family unit shall be counted as a full story for the purpose of
height regulation.
48. Street: A public thoroughfare thirty (30) feet or more in width which affords
principal means of access to abutting property.
49. Street Line: The dividing line betwean the street and the abutting property.
50. Structures Anything constructed or erected, the use of which requires more or less
permanent location on the ground or attached to something having a permanent location on the
ground.
51. Structural Alterations ~'ny change in the supporting members of a building, such as
bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.
52. Yards An open space, other then a court, on the same lot with a building, unoccupied
and unobstructed by any portion of a building from the ground upward, except as otherwise pro-
vided herein. In measuring a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a. rear yeard, the mean horizontal distance between the
lot line and the building shall be used.
53. Yard, Front; L yaad extending across the front of a lot between the side lot lines
and being the mean horizontal distance between the street line and the building or any pro-
~ection thereof, other than steps, unenclosed balconies and unenclosed porches.
54. Yard, Rear: A yard extending across the rear of a lot measured between lot lines and
being the mean horizontal distance between the rear lot line and the rear of the building or
any pro3ection other than atggs, unenclosed balconies or unenclosed porches. On corner lots
the rear yard shall be considered as parallel to the street upon which the lot has its least
dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the
opposite end of a lot from the front yard.
55. Yard, Side: A yard between the building and the side line of the lot and extending
from the front line of the building to the rear yard.
SECTION 2. Districts and Boundaries Thereof:
In order to classify, regulate and restrict the locations of trades, industries and
buildings designed for specified uses; to regulate and limit the height and bulk of buildings
hereafter Erected or structurally altered; to regulate and limit the intensity of the use of
lot areas; and to regulate and determine the area of yards, courts and other open spaces
within and surrounding such buildings, the City of West Memphis, Arkansas, is hereby divided
into districts of which there shall be seven in number known ass
"A" Residence District
"B" Two-Family Residence District
"C" Multiple Family Residence District
"D" Commercial District
"E" Business District
"F" Light Industrial District
"G" ~leavy Industrial District
The boundaries of the districts are shown upon the map attached hereto and made a part hereof,
which map is designated as the ~~Zoning District Map". The district map attached hereto, recorded
in the office of the Redorder of Deeds of Crittenden County, Arkansas, and on file in the office
of the City Clerk of the City of West Memphis and all notations, references and other information
shown thereon are a part of this Ordinance and have the same force and effect as if fully set
forth or described herein.
Except as hereinafter provided:
1. No building shall be erected, converted, enlarged, reconstructed or structurally, altered,
nor shall any building or land be used for any purpose other thsn is permitted iri the district in
which the building or land is located.
2, No building shall be erected, converted, enlarged, reconstructed or structurally altered
to exceed the height limit herein established for the district in which the building is located.
3. No building shall be erected, converted, enlarged, reconstructed or structurally altered
except in conformity with the area regulations of the district in which the building is located.
~~`~
G. The minimum yards and open spaces, including lot area per family requirements required by
this Ordinance for each and every building existing at the time of passage of this Ordinance, or
for any building hereafter erected, shall not be encroached upon or considered as yard or open space
requirements for at~y other building.
5. Every building hereafter erected or structurally altered shall be located on a lot as herein
defined and in no case shall there be more than one building (other than accessory buildings) on one
lot unless otherwise provided in this Ordinance.
SECTION 3. "A" Residence District Regulations.
Use Regulationss
In the "A" Residence District no building or premises shall be used and no building therein shall
be erected, or structurally altered except for one or more of the following uses;
1. Single-Family dwellings.
2. Art gallaries, libraries, museums, recreational buildings or grounds, fire stations or other
public buildings or uses owned, controlled and operated exclusively by the City of +'Jest ~~emphis, the
State of Arkansas or the United States.
3. Public and private elementary schools, public and private high school, public and private
colleges and universities whether sectarian or non-sectarian.
11. Farming, truck gardening and nurseries, not involving the erection, maintenance or conduct
of a retail store on the premises.
5. Accessory buildings, including one (1) private garage, private stable or servants quarters,
when located not less than sixty (60) feet from the front line and not less than five (5) feet from
any other lot line, or a private garage or servants quarters may be constructed, in conformity with
the structural requirments of the City of nest Memphis as a part of the main building. Any servants
quarters shall be occupied only by servants. employed on the premises and shall not be occupied as a
separate domicile, nor constructed as a separate family unit.
6. A professional office or home occupation of one who lives in the main building and where not
more than one name~iate is used in connection with the professional or occupational use, which name-
plate does not exceed one square foot in area.
7. Sig~ss, not exceeding eight (8) square feet in area, apertaining to the lease, hire or sale
of the building or premises on which same is erected.
HEIGHT REGULATIONSs
In the "A" Residence District no building shall hereafter be erected or structurally altered to
exceed two and one-half (2-1~2) stories or thirty-five (35) feet in height. See Section 10.
YARD REGULATIONS:
In the "A" Residence District every building hereafter erected or structually altered shall
provide the following yardss
I~pnt Yards There shall be a front yard having a depth of not less than twenty-five (25) feet
to the front line of the building and not less than fifteen (15) feet to the front line of an open
porch or paved terrace except in the followimg isistan des:
1. In any subdivision, the recorded plat of which contains minimum building lines, said lines
shall be construed as establishing the minimum depth of front yards for affected lots except in
cases where front yards of greater depth than required by the said building line are actually estab-
listed by buildings on forty (40) per cent or more of the frontage. In the later case, the front
yard depth so established shall prevail.
2. In any subdivision, the recorded plat of which contains both minimum and maximum building
lines, or irregular building lines, the depth of front yards, on lots comprising the frontage, may
vary in conformity with the subdivision plan.
3. 4Yhere lots comprising forty (Lt0) per cent or more of the frontage are developed with
buildings having an average front yard with a variation in depth of not more than ten (10) feet,
no building hereafter erected or structurally altered shall have a front yard of less depth than
the average front yard depth so established.
I~. Where lots comprising forty (40) per cent or more of the the frontage are developed with
buildings having front yards with a variation in depth of more than ten (10) feet, no building
hereafter erected or structurally altered shall have a front yard of less depth than the front
yard depth of the next adjacent building if only lots on one side of the proposed improvement are
developed nor of less depth thrn the average depth of the front yards of the next adjacent building
on each side if lots on each side are developed.
5. Buildings on lots having a double frontage shall provide the required front yard on both
streets.
6. !'Mere front yards have been established or may be established on each of two intersecting
streets, there shall be a front yard in conformity with these regulations on each street side of a
corner lot; provided, however, that the buildable width of such lot shall not be reduced to less
than thirty (30) feet if same was held under a separate and distinct ovm ershi.p from adjacent lots
and of record at the time of the passage of this Ordinance or if such lot is an original corner
lot in a duly approved and recorded subdivision; provided, further, that no accessory building on a
corner lot shall be located in or pre~ected into the established front yard on either street, nor
7. In the event that Section 11G of this Ordinance requires front yards of greater depth
than are required herein, the provisions of said Section 14 shall prevail.
Rear Yard: There shall be a rear yard of not less than twenty-five (25) feet. See
Section 10.
Side Yard: There shall be a side yard on each side of every dwelling having a minimum
width of not less than twelve and one-half (12-1/2) per cent of the width of the lot, pro-
vided, however, that this minimum width need not exceed ten (10) feet and provided further
that on lots thirty (30) feet or less in width and of record at the time of adoption of this
Ordinance, there shall be a side yard on each side of every dwelling of not less than three
(3) feet in width.
In the event that Section 14 of this Ordinance requires a side yard of greater width on
the street side of a corner lot than is required herein, the provisions of said Section 1!G
shall prevail.
LOT AREA PER FAMILY:
In the "An Residence District every dwelling hereafter erected or structurally altered
shall provide a lot area off' not less than five thousand (5,000) square feet per family;
provided, however, that :iGhere a lot has less area than herein required and the plat thereof
has been duly recorded, as provided by law, in the office of the Recorder of Deeds of
Crittenden County, Arkansas, said lot may be occupied by not more than one family.
SECTION I~. "Btf Two-r'amily Residence District regulations.
Use regulationss
In the "B" Two-Family Residence District no building or premises shall be used and no
building therein shall be erected or structurally altered except for one or more of the
following uses:
1. Any use permitted in the "A" ~{f~idence District.
2. Two-Family Dwellings.
3. Boarding and lodging houses.
4. Greenhouses not involving the conduct of a retail business on the premises.
5. Hospitals and clinics, excepting veterinary hospitals and veterinary clinics.
6. Private clubs not used for hotel purposes and not involving the conduct of a
business.
']. Public assembly buildings and institutions of an educational, philanthropic or
eleemosynary nature except penal institutions.
8. Accessory buildings and uses customarily incident to any of the above uses when
located on the same lot and not involving the conduct of a business.
HEIGHT REGULATIONS:
In the "B" Two-Family Residence District, no building shall hereafter be erected or
structurally altered to exceed two and one-half (2-1/2) stories or thirty-five (35) feet in
height. See Section 10.
YARD REGULATIONS:
All buildings in the "B" Two-Family residence District hereafter erected or structurally
altered shall comply with the front, side and rear yard regulations of the "A'- Residence
District.
LOT AREA PER FA~LiLYs
In the "B" Two-Family Residence District, every dwelling hereafter erected or structurally
altered shall provide a lot area of not less than twenty-five hundred (2,500) square feet per
family; provided, however, that where a lot has less area than herein required and the plat
thereof has been duly recorded, as provided by law, in the office of the Recorder of Deeds of
Crittenden County, Arkansas, said lot may be occupied by not more than one family.
SECTION 5. "C" MULTIPLE FAMILY RESIDENCE DISTRICT RE(~JLATIONS.
Use Regulations:
In the "C" "~ltiple Family Residence District no building or premises shall be used and
no building therein shall be erected or structurally altered except for one or more of the
following uses:
1. Any use permitted in the "B" Two-Family Residence District.
2. Multiple Family dwellings.
3. Hotels.
I.G. Privately operated libraries and museums.
5. Community garages.
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6. Accessory buildings and uses customarily incident to any of the above uses when located on
the same lot and not involving the conduct of a business.
7. Retail stores selling new merchandise only,
Where a lot is occupied by a multiple family dwelling there shall be provided an accessible
parking space on the lot, either garage or surface area, adequate to accommodate at lest one car
for each family unit provided in the multiple family dwelling structure.
HEIGHT RE(~JLA~ ONS:
In the "C" Multiple N'amily Residence District no building shall hereafter be erected or
structurally altered to exceed eight (8) stories or ninety (90) feet in height.
YARD REGULATIONS:
Front and Rear Yards: All buildings in the "C" Mhltiple family Residence District hereafter
erected or structurally altered shall comply with_the front and rear yard regulations of the "A"
Residence Diatrict.
Side Yard' All buildings in the "C" Multiple Family Residence District hereafter erected or
structurally altered, not over three storks in height, shall comply with the side yard regulations
of the "A'~ Residence District. For buildings more than three (3) stories in height, the side yard
in addition to otherwise complying with the requirements of the "p" Residence District, shall be
increased one (1) foot in width for each additional story above the third.
LOT AREA PER FAMILY:
In the "C" Multiple Family Residence District every building hereafter erected or structurally
altered shall provide a lot area of not less than one thousand (1,000) square feet per family.
SECTIODI 6. "D" Commercial District Regulations.
Use Regulations
In the "D" Commercial District no building or premises shall be used and no building therein
shall be erected or structurally altered except for one or more of the allowing uses:
1. Any use permitted in the "C" Multiple Family District.
2. Any commercial establishment or place of amusement offering goods or service for sale at
retail not involving the manufacture or treatment of products other than manufacture or treatment
of products other than manufacture or treatment which is clearly incidental to the conduct of such
retail establishment and in which not more than ten (1~) per cent of the floor area is devoted to
such manufacture or treatment and not more than ten (10) per cent of the total number of employees
are engaged in such manufacture or treatment and provided further that such use is not obnoxious
or offenseive by reason of the emission of odor, dust, smoke, gas, noise or vibration and is not
expressly prohibited by any other regulation of the City of West N~emphis.
3, Storage garages.
HEIGHT REGULATIONSs
No building in the "D° Commercial District shall be erected or structurally altered to exceed
two and one-half (2-1/2) stories or thirty-five (35) feet in height. See Section 10.
YARD REGULATIONS:
Front and Rear Yards: All buildings in the "D" Commercial District hereafter erected or
structurally altered shall comply with the front and rear yard regulations of the 'gyp" Residence
District.
bide Yard: In the "D" Commercial District there shall be a side yard on each side of every
building occupied by a use permitted in the "C" Multiple Family Residence District of not less than
ten (10) feet. In the vent that Section 1Lt of this Ordinance requires a side yard of greater width
on the street side of a corner lot than is required herein, the provisions of said Section 14 shall
prevail. In all other cases aside yard shall not be required, but if provided it shall be not less
than four (4) feet. See Section 10.
LOT AREA PE.E' i, FAMILY:
In the "D" Commercial District every building hereafter erected or structurally altered for
dwelling purposes shall provide a lot area of not less than one thousand (1,000) square feet per
family.
SECTION 7. "E" Business District Regulations.
Use Regulations:
In the "E" Business District no building or premises shall be used and no building therein
shall be erected or structurally altered except for one or more of the following uses:
1. Any use permitted in the "D" Commercial District.
2. Any business establishment selling merchanulise at wholesale.
3. Storage warehouses and storage yards.
Lt. Any kind of light manufacture, treatment, processing, packaging or repairing which is
not obnoxious or offensive by reason of the emission of odor, dust, smoke, gas or noise and
which is not expressly prohibited by any other regulation of the City of West Nemphis.
5. Office buildings.
HEIGHT REGULATIONS:
In the "E" Business District no building hereafter erected or structurally altered shall
exceed a height of one hundred (100) feet at the street line, but above the height permitted
at the street line four (I~) feet may be added to the height of the building for each one (1)
foot that the building or portion thereof is set back from the street line, provided, however,
that the cubical content of such building shall not exceed the volume of a prism having a base
equal to the area of the lot and a height of one hundred (100) feet; and provided further that
where buildings are set back from the street line below the height of one hundred (100) feet,
the total cubical content of the building may be increased by an amount not to exceed twenty-
five (25) percent of the span space of the street sides of the building below the height of
one hundred (100) feet.
YARD AND LOT AREA REGULATION Ss
In the "E" Business District any building or portion thereof erected or structurally
altered for dwelling purposes shall comply with the rear yard and lot area requirements of
the '~C" Multiple Family Residence District. j~o other yard need be provided except in compli-
ance with provisions of Section l0 .and 11;.
SECTION 8. "F" Light Industrial District Regulations.
Use Regulations:
In the "F" Light Industrial District no building or premises shall be used and no building
therein shall be erected or structurally altered except for one or more of the uses permitted
in the "E" Business District.
HEIGHT REGULATIONS:
In the "F" Light Industrial District no building shall be hereafter erected or structurally
altered to exceed three (3) stories or forty-five (45) feet. See Section 10.
YARD AIdD LOT AREA REGULATIONS:
In the "F" Light Industrial District any building or portion thereof erected or structurally
altered for dwelling purposes shal 1 comply with the yard and lot area regquirements of the "C"
Multiple Family Residence District.
Front Yard In the '~F" Light Industrial District front yards shall be as follows:
1. In compliance with the provisions of Section 14.
2. In compliance with the provisions of the adjoining district where a part of the frontage
is in a district requiring front yards.
3. On corner lots, where a front yard is required on the adjoining property fronting an
intersecting street, the front yard requirement for the intersecting street shall be complied
with, provided this regulation shall not be so interpreted as to reduce the buildable width of
such corner lot to less than thirty (30) feet if same was held under separate and distinct
ownerhsip from adjacent lots and of record at the time of the passage of this Ordinance or if
such lot is an original corner lot in a duly approved and recorded subdivision.
Rear Yard: i~o rear yard shall be required except where the "F~~ Light Industrial District
abuts on a residence district, in which case there shall be a rear yard of not less than ten
(10) feet.
Side Yard= No side yard shall be required except in compliance with the provisions of
Sections 10 and 14 hereof.
~~~
SECTION 9. "G" Heavy Industrial District Regulations.
Use Regulations:
In the °G" Heavy Industrial District any building or premises may be used for any purpose
whatever other than for residential occupancy, provided that the provisions of the present or
hereafter adopted Ordinances of the City of ~~est ~"'emphis, regulating the location of maintenance
of nuisances, are complied with.
HEIGHT REGULATIONSs
No building in the "G" Heavy Industrial District shall be erected or strudurally altered to
exceed eight (8) stories or one hundred (100) feet in height. See Section 10.
YARD REGULATIONSs
Front Yards In the "G" Heavy Industrial District, front yards shall be provided as followas
1. In compliance with the provisions of Section 111 hereof.
2. In complaince with the provisions of the adjoining district where a part of the frontage is
in a district requiring front yards.
3. On corner lots, where a front yard is required on the adjoining property fronting an inter-
section street, the front yard requirement for the intersecting street, the front yard requirement
for the intersecting street shall be complied with, provided this regulation shall not be so inter-
preted as to reduce the buildable width of such corner lot to Less than thirty (30) feet, if same
was held under a separate and distinct ownership from adjacent lots and of record at the time of the
passage of this Ordinance or if such lot is an original corner lot in a duly approved and recorded
subdivision.
Side Yard In the "G" Heavy Industrial District side yards shall not be required except in
compliance with the provisions of Sections 10 and 11t hereof.
SF,CTION 10. Height and Area Exceptions.
The foregoing height and area requirements shall be subject to the following exceptions and
regulationst
Height:
(a) In districts where the height is limited to thirty-five (35} or forty-five (45) feet,
public buildings, hospitals, sanitariums, schools or institutions of an educational, philanthropic
or eleemosynary nature may be erected to a height not exceeding sixty (60) feet where front and
rear yards are increased in depth and side yards are increased in width one additional foot for
each foot of height that the building exceeds the height regulation of the district in which it is
to be erected.
(b) Chimieys, cooling towers, elevator bulk heads, fire towers, gas tanks, grain elevators,
lighthouses, solariums, penthouses, stacks, stage towers or scenery lofts, sugar refineries, tanks,
water towers, ornamental towers and spires, wireless or radio towers or necessary mechanical
appurtenances, also stadia owned and operated by institutions of higher learning, may be erected
as to their height in accordance with existing or hereafter adopted Ordinances of the City of
Y~fest Memphis, provided no tower other than a church spire or tower of a public building Shall
exceed the height limit of the district in which it is located by more than twenty-five (25)
per cent. No tower shall be used as a place of habitation or for tenant purposes. No illuminated
sign shall be attached to any chimney, tower, tank or other structure which extends above the
height limit of the district in which it is located.
(c) On through lots of one hundred forty (140) feet or less in depth, the height of a building
nay be measured from the curb level on either street. On through lots more than one hundred forty
(1l~0) feet in depth, the height regulation and basis of height measurement for the street permitting
the greater height shall apply to a depth of not more than one hundred forty (1110) feet from that
street. -
AREAS
(d) For purposes of the area regulations, a two-family dwelling or multiple family dwelling
may be considered as one building and occupying one lot.
(e) The side yard requirments for dwellings not more than two rooms in depth shall be waived
when such dwellings are erected above stores or shops. '
(f YVhere the commercial and industrial districts adjoin a residence district, a side yard of
four (!~~ feet shall be required on that side of the lot adjoining the residence district.
(g) A building occupying a through lot may waive the requirements for a rear yard by furnishing
other open space equiva]ent to such required rear yard.
(h) In computing the depth of a rear yard on the width of a side yard for any building
where such yard opens onto an alley, one-half of such alley may be assumed to be a portion
of the yard.
(i) In the case of a court development, a side yard may be used as the rear yard
provided that one (1) additional foot shall be added to the required side yard for each
family unit opening onto or served by such side yard.
(j) Every part of a required yard or court shall be open from its lowest point to the
sky unobstructed, except for the projections of sills, belt courses, cornices, and ornamental
features not to exceed four (1~) inches, provided, however, that open balconies and cornices
may project into a front yard not more than three and one-half (3-1/2) feet.
(k) Open or lattice enclosed fire escapes, projectingg into a yard not more thar_ five
(~) feet or into a court not more than three and one-half (3-1 /2) feet and the ordinaary
projections of chimney and flues ~ be permitted by the Building Inspector where same are
so placed as to not obstruct the light. end ventilation.
(1) A detached accessory building may occupy not more than thirty (30) percent of a
required rear yard and shall be located at least ten (10) feet from any dwelling.
(m) All theatres hereafter erected shall provide an accessible parking space in the form
of a surfaced area or garage of sufficient size to accommodate at least one (1) car for every
ten l10) seats provided in the theatre.
(n) In the "D~~ Commercial District, the '~E" Business District and the nFn Light Industrial
District all buildings erected or structurally altered for commercial or industrial purposes
shall provide an adequate space on the premises for the loading or unloading of goods or
materials used in connection with such commercial or industrial uses.
SECTION 11. Bill Boards and Sign Boarda.
It s5a1.1 be unlawful for any person, firm or corporation to erect or construct any bill
board or sign board in the '~A~' Single Family Residence District, or in the "B" Two-Family
Residence District as defined in this Grdinance.
It shall be unlawful for any person, firm or corporation to erect or construct any bill
board or sign board in the '~C" Multiple Family Residence District as defined in this Ordinance,
without first obtaining the. consent in writing of the owners or duly authorized agents of said
owners, owning at least seventy-five (75) percent of the frontage of all property within three
hundred (300) feet of the premises on which said bill board, or sign board is to be erected,
constructed or located. Said consents shall be filed with the Building Inspector or other
designated official before a permit shall be issued for the erection, construction or location
of such bill board or sign board.
SECTION 12. Non-Conforming Uses.
(a) The lawful use of land existing at the time of adoption of these regulations, even
though such uses does not conform to the provisions hereof, may be continued, but if such non-
conforming use is discontinued, any future use of said premises shall be in conformity with
the provisions of thi's Ordinance.
(b) The lawful use of a building existing at the time of adoption of these regulations,
even though such use does not conform to the provisions hereof, may be continued subject to the
other regulations of this Ordinance, provided no structural alterations, except those required
by law, are made therein. If no structural alterations are necessary, a non-conforming use of
a building may be changed to another non-conforming use of the same or a more restricted
classification. Anon-conforming use of a building shall not be extended in any manner or form.
The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed.
Whenever anon-conforming use has been changed to a more restricted use or a conf orming use,
such use shall not thereafter be changed to a less restricted use.
(c) Whenever a non-conforming use of land or of a building is voluntarily discontinued for
a period of one year, any use thereafter shall conform to the use regulations of the district
in which same is located.
(d) No building whose use does not conform to the provisions hereof shall be enlarged,
extended, reconstructed or structurally altered, (except when so required by law), unless such
use is changed to a use permitted in the district in which same is located.
(e) No building which has been damaged by fire, explosion, act of Cod or the public enemy
to the extent of more than sixty (60) percent of its assessed value, shall be restored except
in conformity with the provisions hereof.
(f) The City Council of the Oity of uYest Memphis, by resolution after public hearing by
and recommendation from the City Planning Commission, may authorize a special permit for the
location of any of the following buildings or uses in any Zoning Districts
1. Any public building erected and used by any department of the City, county, State or
Federal Government.
2. Public Hssembly buildings and institutions of an educational, philanthropic, eleemosynazy
or religious character, including churches.
3. Community building or recreation field.
26U
!~. Airport, landing field, depot, station or terminal of any type transportation system.
5. The extraction of raw materials and natural resources such as rock, gravel, sand, water,
oil, gas, coal, minerals and the like.
All of the above uses shall provide adequate parking space to accommodate their individual
needs on private prop arty and sh~.l provide a parking area of sufficient size to accommodate at
least one (1) car for each office contained in such building and at least one (1) car for each
twenty (20) seats contained in any auditorium or other space o~'~blic assembly in connection
therewith.
Before issuance of any special permit for any of the above buildings or uses, the application
therefor shall be filed with the Planning Commission, which Commission shall be given forty-five
(!~5) days in which to hold a public hearing and to make a report to the City Council regarding the
effect of such proposed building or use upon the character of the neighborhood, traffic conditions,
public utility facilities and other matters pertaining to the general welfare. No action shall be
taken upon any application for a proposed building or use above taken upon any application for a
proposed building or use above referred to until and unless the report of the Planning Commission
has been filed; provided, however, that if no report is received from the planning ommission
within forty-five (Lts) days, it shall be assumed that approval of the application has been given
by the Planning Commission.
SECTION 13. Board of Adjustment.
A Board of Adjustment is hereby established to consist of five (5) members, to be appointed by
the Mayor and confirmed by the City Council. All members of said Board shall serve without pay. One
member of the first Board shall be apppointed for one year; one (1) for two (2) years, one (1) for
three (3) years, one (1) for four (L~) years and one (1) for five years and therafter all members
shall be appointed for terms of five.(5) years each.. Vacancies shall be filled for the unexpired
term of any member, whose term becomes vacant, in the same manner as original appointments. Upon
appointment and annually thereafter the Board shDl meet and organize and shall elect its own chair-
man and vice-chairman, each of whom shall serve for one (1) year, or until his successor duly
qualifietl. `Ihe Mayor shall appoint a secretary, who shall hold office during the will and pleasure
of the Mayor, and shall receive such compensation from the City of West Memphis as may be fixed
from time to time by the City Council of the City of West Memphis.
Meetingst Meetings of the Board shall be held at such times and at such place or places
within the City of West Memphis as the Board may designate, but said Board shall meet at least
ones a month and may meet at any time on call of the chairman. The chairman of the Board, or in
his absence, the acting chairman, shall administer oath to all persons offering testimony. He may
also compel the attendance of witnesses. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each
question, or if absent or failing to vote indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of
the Board and shall be a public record. .
The presence of four (4) members shall be necessary to constitute a quorum and the concurring
vote of at least four-fifths (4/5) of the members of the Board shall be necessary to reverse any
other, requirment, decision or dDermination of any administrative officer or to decide in favor of
the applicant on any matter upon which it is required to pass under the Zoning Regulations or to
effect any variation in such regulations.
The building inspector or his representative shall attend each meeting of the Board and shall
bring with him all plans, specifications, plats and papers relating to aiy case before the Board
for determination.
Whenever an appeal or application for vairation is made to the Board, the Board shall publish a
notice of the time and place of a public hearing upon such appeal, which notice shall be published at
least once, not less than ten (10) days preceding the date of such hearing, in an official paper or a
paper of general circulation in the municipality, said notice to contain the particular location for
which the variation is requested, gs well as a brief statment of what the proposed variation consists.
The Board shall also give such additional notice of such hearing to interested persons and organizations
as it shall deem feasible and pr acticable. The appellant or applicant shall be required to pay a
filing fee of five (5) dollars to cover the cost of publishing and mailing notices of the hearing and
such other costs as may be incurred in connection with such appeal or application. The secretary of
the Board shall deposit with the City Treasurer, on the first Monday of each month, all fees collected
during the preceding month. Public hearings may be adjourned from time to time, and, if the time and
place of the adjnurned meeting be publicly announced when the adjournmeMt is had, no further notice of
such adjourned meeting need be published.
No order of the Board permitting the erection or alteration of a building shall be valid for a
period longer than sixty (60) days unless a building permit for such erection or alteration is
obtained within such period and such erection or alteration is started and proceeds to completion in
accordance with the terms of such permit.
No order of the Board permitting a use of a building or premises shall be valid for a period
longer than sixty (60) days unless such use is established within such period, provided, however, that
where such use permitted is dependent upon the erection or alteration of a building, such order shall
continue in force and effect if a building permit for said erection or alteration is obtained within
such period and such erection or alteration is started and proceeds to completion in accordance with
the terms of such permit.
The Board shall annually, on or before the tenth day of January, make a report for
the fiscal year preceding to the Mayor and City Council, summarizing cases considered
and actions taken.
The Board of Adjustment shall hear and decide appeals from any review any order,
requirement, decision or determination made by the Building Inspector in the enforcement
of the Zoning Regulations. The Board shall have full power to adopt all rules for the
transaction of its business, the regulation of procedure before it, and the carrying
out of the powers granted to it by the provisions herein set forth and not inconsistent
therewith.
When a property owner can dhow that a strict application of the terms of this
Ordinance relating to the use, construction or alteration of buildings or structures
or the use of land will impose upon him practical difficulties or particular hardship,
then the Board may consider and allow such variations to the strict application of
the terms of this Ordinance as era in harmony with its general purpose and intent
when the Board is satisfied, under the evidence heard before it, that a granting of
such variation will not merely serve as a convenience to the applicant, but is necess-
ary to alleviate same demonstrable hardship or difficulty to great as to warrant a
variation f rom the comprehenslvel plan created and set forth by these regulations
and in the following instances only;
1. To permit the extension of a district where the boundary line of a district
divides a lot in single ownership as shown on record on January 1, 1947.
2. To permit the erection and use of a building or the use of premises in any
location for a public service corporation for public utility purposes which the Board
determines reasonably necessary for the public convenience or welfare.
3. To authorize a variance where, by reason of exceptional narrowness, shallow-
ness or shape of a specific piece of property of record on January 1, 1947, or by
reason of exceptional topographical conditions or other extraordinary or exceptional
situation or condition of a specific piece of property, the strict q~plication of any
provision of this ordinance would result in peculiar and exceptional practical
difficulties and particular hardship upon the owner of such property and amount to a
practical confiscation of such property as distinguished from a mere inconvenience to
such owner, provided such relief can be granted without substantial detriment to the
public good and without substantially impairing the general purpose and intent of the
comprehensive plan as established by the regulations and provisions contained in this
Ordinance.
4. To interpret the provisions of this ordinance where the street layout actually
on the ground varies from the street layout as shown on the map fixing the several
districts, which map is attached to and made a part of the zoning regulations.
5. To exercise all other powers delegated to it by Section 9694 of Popes Digest
of the Statutes of Arkansas,
In considering all appeals and all proposed variations to these re~~uiremants the
Board shall, before making any finding in a specific case, first determine that the
proposed variation will not impair an adequate supply of light and air to ad3acent
property, or reasonably increase the congestion in public streets, or increase the
public danger of fire or reasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the health, safety,
comfort, morals and welfare of the inhabitaAts of the City of West ~demphis.
Every variation granted or denied by the Board shall be accompanied by a written
finding of act, based on sworn testimony and evidence, specifying the reason for granting
or denying such variation.
SECTION 14. Building Lines.
In order to lessen congestion on the public streets and to secure the greatest
possible degree of public safety, building lines for the control of erection of all
structures on property abutting Mayor Streets so designated in the Mayor Street Plan
officially adopted by the City of West Memphis are hereby established by the following
proviaions.
Except as hereinafter providedt
1. Every part of any building hereafter erected or structurally altered on property
abutting the following Mayor Streets shall be set back not less than fifty ([0) feet from
the center line of such street=
U. S, Highway No. ~0 or Broadway between the eastern city limits and the western city
limits.
~6~
2. Every part of any building hereafter erected or structurally altered on property abutting
any of the following Major Streeta shall be aet back not less than forty five (45) feet from the
center line of said street:
Harrison Street, between Avalon Street and Missouri Street.
Missouri Street, between Booadway and the south city limits.
amore Street, between Avalon Street and Missouri Street.
Polk Street, between Avalon Street and Missouri Street.
Redding Street, between a point two hundred fifty (25d feet north of Broadway and the
south city limits.
Rhodes Street, and its projection southwardly, between a point two hundred fifty (250)
feet north of Broadway and the south city limits.
3. Every part of any building hereafter erected or structurally altered on property
abutting any of the following Major Streets shall be set back not less than forty (40) feet
from the center line of said street:
Avalon Street, between the north city limits and the south city limits.
Barton Street, between U. S. Highway No. 61 and the west city limits.
Bond Street, between U. S. Highway No. 61 and Vine Street.
Connection of Seventh Street to Eighth Street, between Jefferson Street and the Rock Island Railroad.
Eighth Street, between a point one hundred fifty (150) feet north of the Rock Island Railroad and thei
Mississippi River. .
Fourteen Street and its projection southwardly, between the north city limits and the Mississippi
River.
Jackson Street, between the east city limits and the west city limits.
Nance Street, between Vine Street and the Frisco Railroad.
Proposed Street along north side of Rock Island Railroad, between Eighth Street and the east
city limits.
Proposed Street between Twenty-First Street and Twenty-Second Street, between Broadway and the
south city limits.
Proposed Street connecting Second Street, Hulbert, to Seventh Street, between the west city limits
and the connection of Seventh Street to Eighth Street.
Seventh Street, between the north city limits and Jefferson Street.
Street Along North City Limits, between U. S. Highway No. 61 and the west city limits.
Street along south side of Rock Island Railroad., between the east city limits and the west
city limits.
Street Along North Side of New Levee, between Eighth Street and the west city limits.
Street Between Twenty-First and Twenty-Second Streets, between Broadway and the north city
limits.
Thompson Street and its projection eastwardly, between the Frisco Railroad and the east city
limits.
~. S. Highway No. 61, between Broadway and the north city limits.
SECTION 15. Certificate of Occupancy.
No building hereafter erected or structurally altered shall be occupied, used or changed in use
until a certi~Picate of occupancy shall have been issued by the Building Inspector or other designated
official, stating that the building or proposed use of the building or premises complies with all the
building and health laws and ordinances and with the provisions of these regulations.
Certificates of occupancy shall be applied for coincident with the application for a building
permit and shall be issued within ten (10) days after the erection or structural alteration of such
building shall have been completed in conformity with the provisions of these regulations. A record
of all certificates shall be kept on file in the office of the Building Inspector or other designated
official, and copies shall be furnished on reruest to any person having a proprietary or tenancy
interest in the building affected. A fee of One (1) Dollar shall be charged for an original certifi-
date, but for copies of any original certificate there shall be a charge of fifty (50) cents each.
No permit for excavation for any building shall be issued before application has been made for
a certificate of occupar~g.
The use or occupancy of any building already erected at the time of the passage of these
regulations shall not be changed unless and until a certificate of occupancy shall have been
obtained from the Building Inspector or other designated official.
SECTION 16. Flats.
pll applications for building permits shall be accompanied by a plat i.ra duplicate drawn to
scale, showing the actual dimensions of the lot to be built upon, the size of the building to be
erected, and such other information as may be necessary to provide for the enforcement of these
regulations. A careful record of such applications and plats shall be kept in the office of the
Building Inspector or other designated official. 1Vo yard, court, or other open space provided
about any building for the purpose of complying with the provisions of these regulations shall
again be used as a yard, court or other open space for another building.
SECTION 17. Interpretation, Purpose and Conflict.
In interpreting and applying the provisions of these regulations, they shall be held to be
the minimum re;uirements for the promotion of the public safety, health, convenience, comfort,
properity and general welfare. It is not intended by this Ordinance to interfere with or abrogate
or annul any easements, covenants or other agreements between parties; provided, however, that
where these regulations impose a greater restriction upon the use of building or premises or upon
height of buildings, or requires larger open spaces than are imposed or required by other rules,
regulations or permits, or by easements, covenants or agreements, the provisions of this Ordinance
shall control.
SECTION 18. Boundaries of Districts.
The boundaries of the various districts as shown on the map accompanying and made a
part hereof shall be determined by use of the scale contained on such map, except in the
following cases:
(a) tiJhere the designations on the map accompanying and made a part hereof are
approximately bounded by a street or alley 7.ine, said street or alley line shall be
construed to be the boundary of such district.
(b) ~~here the designations on the map accompanying and made a part hereof are
approximately bounded by lot lines, said lot lines shall be construed to be the
boundary of such district.
Provided, however, that in all cases where the frontage on one side of the street
is in a commercial, business or industrial district, and the frontage adjacent thereto
on the intersecting street except the corner or corners is in a residence district,
any commercial, business or industrial use shall be limited the frontage on the street
zoned commercial, business or industrial throughout the block, and any property in the
rear thereof fronting or facing the intersecting street, even though it appears from
the use of the scale to be in the commercial, business or industrial district, shall
be governed by the use prevailing on that street in that block; it being the purpose
of these regulations to limit the commercial, business or industrial use to the
property facing or fronting the street zoned for commercial, business or industrial
use and to forbid the commercial, business or industrial use from facing or fronting
the street zoned for residence use. In all cases of ambiguity or unnertainty the
Board of Adjustment shall have authority to determine on which street the.:commercial,
business or industrial use shall face or front so that the spirit of these regulations
shall be observed, public safety and tivelfare secured and substantial justice done.
SECTION 19. Changes and Amendments.
The Council may, from time to time, amend, sul.~plement or change the boundaries of
districts or the regulations herein established. Any proposed amendment, supplement or
change shall first be submitted to the City Planning Conunission for its recommendation
and report.
A public hearing shall be held by the City Council before adoption of any
proposed amendment, supplement or change, notice of such hearing shall be given by
publication in some local newspaper of general circulation, stating the time and
place of such hearing, no earlier then fifteen (15) days from the date of such
publication.
Action by the Council shall be in conformity with the provisions of Section 9694 of
Pope's Digest of the Statutes of Arkansas.
SECTION 20. Enforcement.
It shall be the duty of the Building Inspector or other designated officer to see
that this Ordinance is enforced through the proper legal channels and to refuse to issue
any permit for any building or structure or the use of any premises which would violate
any of the provisions hereof. Appeal from the decision of the Building Inspector, or
other designated official may be made to the Board of Adjustment as previously provided
]iierain.
SECTION 21. Invalidity of a Part.
Should any section, clause or provision of this Ordinance be declared by the courts
to be invalid or unconstitutional, the same shall not affect the validity of the Ordinance
as a whole or any part thereof, other than the part declared invalid or unconstitutional.
SECTION 22. Violation Pen ally.
Any person, firm or corporation who shall violate any of the provisions of this
Ordinance or fail to comply therewith or who shall violate or fail to comply with any
order or regulation made thereunder, or tivho shall build in violation of any detailed
statement of specifications of plans submitted and approved thereunder, or any
certificate or permit issued thereunder, shall, for each and every such violation and
non-compliance respectively be deemed guilty of a misdemeanor, and upon conviction
therefor shall be fined in any sum not less than $25.00 nor more than X1,000.00, and
each and every day that such violation shall exist shall be deemed a separate offense.
SECTION 23. Conflicting Provisions Repealed.
All ordinances an d parts of ordinances in conflict herewith are hereby repealed and
this ordinance shall take effect from and after its passage.
iHHHt-:HHHHHt#;; iHHHHHHHH4~t-~iHt:F#
~~~''
An ordinance entitled ~~An Ordinance providing for the payment of the extension of the
~nicipal Sewer System to serve parts of the Southcrest Subdivision to the City of ~~Yest Memphis,
Van Burean and 4th Streets was read the third time by Alderman Bledsoe, who moved that the third
reading of the ordinance be approved. The motion was seconded by Alderman Manchester. Thereupon,
the Mayor put the question on the adoption of the motion, and upon the roll being called the
following votedr
Ayes Curtis Foster, James Bledsoe, P. B. Powers, A, R, Manchester, 0. I. Bollinger, and
R. L, Garrison.
Nay: None.
Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and
signed his approval to said ordinance and the City Clerk was directed to spread the same upon the
record of Ordinances of the City of 4Yest Memphis, Arkansas, and to have same published as
required by law, and to number said ordinance No. 166.
Said ordinance to which no amendment was offered read as follows:
ORDINATCE AIO. 166
AN ORDINANCE PROVIDING FUR THE PAYMENT OF THE EXTENSION OF THE MUNICIPAL SEWER SYSTEM 2O SERVE
PARTS OF THE SOUTHCREST BUBDIVISION TO THE CITY OF WEST MEMPHIS ON VAN HUREN AND 4TH STREETS.
WHEREAS, The City of West Memphis, Arkansas, owns and .operates a municipal sewer system on
which it has outstanding the balance of a series of combined improvement and refunding bonds
dated June 1, 1945, authorized by Ordinance No. 107 of the City of West :Memphis, Arkansas,
passed and approved on the 6th day of July, 1945, but un der the terms of Section 6 of said
Ordinance, $46,000 of said bonds, bearing interest at the rate of 3~ per annum, have been
prepared but have been retained by the City Clerk in an unexecuted form for subsequent
issuance and sale, subject to the limitations and restrictions placed upon their issuance and
sale by the provisions of Section 9 of said ordinance; and
':YHEREAS, Section 7 of said Ordinance provided that whenever on June 15 or December 15 of
any year the amount in the Sewer Revenue Bond Fund is sufficient to pay all interest and
principal to become due on outstanding bonds during the ensuing twelve months and the
unapportioned revenues for the operation of the sewer system are in excess of the estimated
amount required to pay the coat of operation and maintenance of said system for the ensuing
period of six months, then such excess of such unapportioned revenues may be transferred to
said Sewer Revenue Bond Fund or may be otheruvise disposed of, as the City Council of said
City may from time to time order and direct; and proceeding under this authority the City,
in order to pay the contractor the balance due him on the abnstruction of the sewer system,
issued a series of X28,000 of sewer revenue certificates, dated January 1, 1947, and pledged
this surplus as above defined to the payment of these certificates, maturing serially on
January 1 of the years 1948 to 1952, inclusive, thus pledging for definite purposes all of
the revenues tc be derived from the operation of the sewer system; and
;'JIfEREAS, Tennison Brothers have developed certain property on South 4th Street in the
Southcrest Subdivision to the .City of West Memphis as shown by plat found of record in the
office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County,
Arkansas, and because it was necessary to .provide the business known as Teiuiison Brothers
with sewer service, Tennison Brothers laid the necessary seer+er literals and extensions to
serve Van Burean Street from 2nd Street to 4th Street and 4th Street from Van Buren to
Tennison Brothers plant, at a cost of ONE THOUSAND FIVE HUNDRED EIGHTY-ONE AND 25/100
(1,581.25) DOLLARS, which said Tennison Brothers have paid but the laterals and extensions
which Tennison Brothers have built along said streets have now been integrated tivith and have
become a part o#' the sewer system of the City of ~~est Memphis, and the users along the streets
will pay said sewer charges according to the schedule of rates adopted by the City of
West Memphis and set out in Ordinance No. 108 passed and approved July 24, 1945, and said
Tennison Brothers are entitled to the refund of the money which they advanced in making
these sewer extensions, but the City of West Memphis has no funds to repay this advance, but
when it issues the additional Bonds of the June 1, 1945 issue, which have been Yieretofore
authorized but not issued, it can pay and discharge this obligation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUPdCIL OF THE CITY OF ',VEST n^.EA4PHIS,
ARK.~N SAS t
SECTION 1. That the City of West Memphis by and through the City Council hereby
accepts as a part. of West Memphis Municipal Sewer System the sewer mains and laterals
laid on Van Buren and 4th Streets in the Southcrest Subdivision to the City of
West Memphis-by Tennison Brothers, and the users of said laterals and extensions shall
pay to the City of West Memphis the usual and customary charges for sewer service as
fixed by Ordinance No. 108 passed and approved on the 24th day of July, 1945.
SECTION 2. It is hereby ascertained and declared that the sewer laterals and
extensions built by Tennison Brothers are constructed in a manner and with materials
satisfactory and acceptable to the City of hest temphis, and the value of the
construction is reasonable and fairly worth the sum of OtdE THOUSAND FIVE HUPJDRID
EIGHTY-ONE AND 25100 ($1,581.25) llOLLARS TCl THE Municipal Sewer System of the _
City of West Memphis.
SECTION 3. The City of '~~est Memphis hereby acknowledges itself to owe Tennison
Drothers the sum of One Thousand Five Hundred Eighty-one and 25/100 (:1,581.25) Dollars
to be paid as hereinafter set out.
SECTION 4. 'vVhen, under the authority of Section 9 of Ordinance No. 107 of the
City of West Memphis, passed and approved on the 6th day of July, 1945, the
S~.ty of"~~®st Memphis is auth'oritied to execute and sell said Bonds, it will execute
and sell all or enough of the ~4b,000, unissued Bonds of the.-issue of June 1, 1945,
to pay this indebtedness to Tennison Brothers, and it will pay this indebtedness
out of the proceeds of said sale, after the payment of the indebtedness due to
Guaranty Loan and Real Estate Company, a Corporation, under the provisions of
Ordinance No. 143 of the City of ti'~est Memphis, and after the payment of the indebted-
ness due to William L. Johnson Company, Inc., under the provisions of Ordinance
No. 159, passed and approved on November.3, 1948, if this indebtedness has not been
previously discharged from other City revenues; and the City is hereby authorized to
use for the payment of the aforementioned indebtedness any other City revenue available
and which it may legally use for said purpose, if it should so elect, provided that the
indebtedness due the Guaranty Loan and Real Estate Company under Ordinance No. 143 and
the indebtedness due '~5'illiam L, Johnson Company, Inc., under Ordinance No. 159 of the
City of ~~est Memphis Shall have priority over this indebtedness and shall be paid by
the City before any funds are applied to the payment of the indebtedness herein set out.
SECTION 5. This Ordinance is cumulative to the other City Ordinances relating to
the municipal sever system of said City and shall be in full force and effect from and
after its passage.
iHt-iSiY.F-iHHF#'.f-SHHEiEiHiiF#3Eit
The question of health conditions due to water standing in various excavations
in the City 'was discussed by the Council, and ~'ayor Dacus was instructed to request
i'LLr. John Scott and Doyne Dodd to meet with the .Council at tt~ir next regular meeting
to discuss the situation existing on their property.
The Building Inspector presented the building permits he had authorized to be
issued. Motion was made, passed, and adopted to confirm the actions of the $uilding
Inspector in the issuance of the following building permits:
Laura Steele
Carle Bruce
Sarah Myles
J. H. Spears
Oscar Bolden
Charlie Johnson
John Lusby
Mrs. J. W. Keen
Bernard High
12iles Cauady
Albert Kirby
H. L. Jennings
P. M. Dacus
Bob Eden
Estella ~'cNeil
Elnora Gains
Ollie Strong
Idella Curry
Wm. Stokes
Mayor Dacus advised the Council that he rtiould at this time like to have the action of
the Council on the approval of the minutes of the meeting on April 14th. Thereupon, motion
was made, passed, and adopted approving the minutes of the meeting on April Math.
No further business appearing before the Council, the meeting was adjourned.
ATTEST:
-C ERK
APHtOVED: MAY 19, 1949
REr,ULAR COUNCIL 1II;ETING OF PJIAY 5, 1919 PRETEP..~IITTED