August 20, 1964NSNUTES 0$,A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ih'EST NENSPHIS, ARtSANSAS, HELD AT
THE CITY HALL IN SAID CITY ON THE 20TH_~AY OF AUGUST 196h AT 3.00 O'CLOCK o N
The City Council of the City of nest N:emphis, in the County of Crittenden, State of
Arkansas, met in regular session at the City Hall in said City at 3:00 o'clock F.N:. on the
2Oth day of August, 19611.
The meeting was called to order by the Niayor, and the roll being called there were:
Present: Bob Eden, N:ayor, in the chair, and the following named Aldermen:
F. C. rdeis, Paul Matthews,
R. C. Bowie, C. H. Rowton,
Earl Felts, Y. G. Sires
Kirby Leggett,
and also City Attorney 'ou. H. Dillahunty.
Absent: Alderman O. I. Bollinger.
It being determined a quorum was present, the following proceedings were had to-wit:
N'.inutes of Council Meeting on August 6, 196u, were approved as read.
Building Application of International Hippodrome Circus to erect 200 ft. sq. tent for
one day, August 26th, at corner pf Broadway and Redding was presented. After discussion as
to the application being in violation of zoning regulations of the City, motion was made by
Alderman Leggett: That the application of International Hippodrome Circus be denied. The
motion was seconded by Alderman Bowie, and upon vote, the voting was as follows:
Yes: Aldermen: Weis, Bowie, Felts, Leggett, Matthews, Rowton, Sims.
Nay: None.
Niayor Eden announced the next order of business would be hearing for the purpose of
determining if building located at 211 West Bond Street owned by Charlie J. Beavea and
mox~aged to Z^Jest N:emphis Federal Savings & Loan Association is deemed to be a "dangerous
building" pursuant to Ordinance No. 1112 of the Ordinances of the City of West Memphis.
Notices of the Hearing for August 6, 19611, had been served, however, the hearings were
reset for August 20th at request of Attorney J. H. Spears for Cha•lie J. Beaves and
West Ntemphis Federal Savings & Loan Association. It was also brought to the Council's
attention a building at 207 W. Bond owned by Nir. D. D. Hudspeth and mortgaged to First
National Bank of Eastern Arkansas at Forrest City, Arkansas, has not been dismancied
and testimony would be offered on this building.
City Attorney Dillahunty informed the Council the purpose of holding the hearing
is to hear such testimony as may be offered on behalf of the Building Inspector, the
owners and holders of mortgages on the property relative to the alleged "dangerous
buildings", and the Council render or cause to be rendered a written Findings of Fact
as to whether the structures are "cangerous buildings" in terms of the ordinance; and
issue an order based upon those findings whether th? buildings ~rere'dangerous buildings"
or not. If determined to be "dangerous buildings" cause same to be destroyed, and if
within 10 days this has not been done the Council may cause the building to be vacated
or demolished as the facts may warrant.
Building Inspector W. A. Perrine was called as the City's witness, and referring to
his inspection report of I9ay 28, 1964, as to the building at 211 ~•1. Bond testified to
the condition of the building. The following enumerated list with specific and detailed
reference to the provisions of Ordinance No, 1112 was included in the report:
Sec. 1 (a). The vertical structural members list, lean and are buckled in this
building.
Sec. 1 (b). Supporting members including sills, floor joists, floors and supporting
wall studding are deteriorated due to resting on the ground, and allowed
to rot out; termite damage is extensive throughout. This damiage is 60~
or greater.
Sec. 1 (c). Due to the damage as set forth in Sec. 1 (b), the load bearing walls
through the center o£ the building, the east wall and the north wall
have overloaded the floors causing them to bucY.le and become uneven
as much as 2 or 3 inches.
Sec. 1 (d). The building has not been damaged by fire or wind, but other causes of
damage are decay, termites and filth.
Sec. 1 (e). The building is dilapidated, unsafe, unsanitary and decayed, and is not
fit for human habitation.
Sec. 1 (g). Back door to kitchen is nailed and calked with rags. It cannot be opened.
Sec. 1 (i). Electrical wiring is in a condition that is dangerous to the health and
safety of anyone attempting to use it, and will not comply to the National
Electric Code.
Plumbing fixtures are in poor condition. Some are improperly installed and
will not meet the requirments of State and City ?lambing Code. All fixtures
are connected to a sewer line leading to the street that has been broken
oven and holes not repaired. House end of line has settled until it is lower
than street end causing improper drainage.
Some of the natural gas lines have been improperly installed, and are a
violation of the Southern Standard Building Code applying to gas.
All the above mentioned Codes have been adopted by City Orcinances.
Sec. 1 (J). This building does exist in violation of Cedes and Ordinances of the City of
idest N.emphis, West A.emnhis, Arkansas, and in my opinion is 60~ or more
deteriorated, and should be demolished.
arr~-t~tr
The Building Inspector stated in answer to questions from the City Attorney as to the
outside of the building that the general appearance of the front was not too bad; that the
drop-siding is in fairly gone condition in the front: the west side found some termite work
and badly settled on the back approximately 12 or 2 inches lower than the front; on the
north side found very little that could be called a wall almost completely destroyed by
termites and rot, not too many boards left, studding exposed, and the house settled on the
ground; the east side badly sagged and some termit damage and since it was close to the fence
and hedge was hard tc get to. As to the interior of the building the description was as
follows: Bathroom - the floor is gone had been patched with plywood, is down on the ground,
and the bathroom fixtures settled. The kitchen floor is out of level two or three inches
badly sagged. In the living room there had been a leak, part of the ceiling loose, flue not
in good condition, the thimbles in the flue are bad, the top of the flue that comes down to
the top of house is falling apart. The supporting walls to the center of house are sagging
due to the fcundation giving way under them. Part of the floor in the living room is warned,
did not know how much is rotten there was evidence the sills and floor joists are giving away.
The tyro becrooms are in bad condition, floors sagged as rooms are miore to the front are not
quite as badly damaged as back of the house. Roof looks fairly good, but he had not been on it.
The Building Inspector stated the area is a C-ly Commercial Zone, and in his opinion the building
based on new structure is as much as 60p deteriorated.
Upon cross exareinaticn by Attorney J. H. Spears for the owners o£ the property, the
Building Inspector stated some of the concrete blocks under the building are in fairly good
shape; would be hard to tell how many concrete blocks wculd be needed. That it would take
about the same amount of floor sills as when house first built, 122 feet of 2 x 8 floor
joists, and t~8 feet for splicing to repair. An estimate of 1,000 feet of 1 x 8 £or sub-floor,
and 500 board feet for flcoring, possibly 100 feet of 2 x 4 for repairing the wall, possibly
1,000 feet of drop siding, to replace the entire sheetrock the way it should be would tape
2,500 feet, there was no estimate of the lineal feet cf baseshoe that would be needed, 100 lbs
of nails, possibly 100 studs would be needed, the number of plates to be replaced was unknown
as due to being sealed-in would be hard to tell.
Upon questioning by members of the Council, the Building Inspectcr stated would cost
SI11y00.G0 to put the building back in new condition. That painting, carpenter work, plumbing
and electrical work wculd have to be included. Also, a test for gas leakage had not been made,
however, there was some illegal tubing.
Upon further questioning by Attorney Spears, I!r. ?errine estimated it would cost
approximately ~i200.00 to redo the plumbing and gas; $100 to 5150.00 for rewiring, carpenter
labor 51,500.00, lumber 5330.00, and to jack-up and replace concrete blocks 3L00.00.
A;r. Charlie J. Beavers, who stated he was the owner of the house at 211 Bond Street,
testifiec he paid SIy,000 for the house, $500.00 was paid down, and now owes a little over
52,000.00. Upon questioning by Attorney Spears IQ's. Beavers stated all of floor joists were
good, nothing rotten in the house except a little place on the back and in the bathroom,
that it would cost him 5200.00 for material and would do the labor himself to put the house
back in condition. P's. Beavers stated the roof was goon, the siding on the west side of the
house was good, some on the north side torn off, and the walls that nail weatherboarc to are
in good shave, has heavy weight shingles, the roof does not leak, and did not need the flue.
Upon questioning by P;r. Dillahunty, I:r. Beavers itemized item amounts to be spent for
lumber and supplies to 5100.00, that he had l gallons of paint, as to the yriring he would
put the screws back the wires are all right.
I~'s. Newt Scarbrough, Contractor of West Piemphis, was a witness for P''.r. Beavers and
West I•iemphis Federal Savings and Loan Company, and testified that he had made an inspection
of the house at 211 Bond, that three or four concrete blocks would be needed, 276. lineal
feet of 2 x 6, 170 pieces of 2 x !~, that the fixtures are hanging from the wall in the
bathroom afoot or sc, 2080 feet of sheetrock would be needed, 269 feet of baseboard and
same amount of shoes, 100 lbs of nails, 350 feet of siding, 2:00 ft. of siles, build new
wall in bathroom, retile bathroom flcor, new lavatory and seat, rewire entire house and new
light fixtures, running new gas line, new screens, and two new screen doors, patch around
roof, cost ;51,072.15, that being around 25,`"5 of the value cf the house.
Upon questioning by City Attorney kYYillahunty, Ps. Scarbrough stated that would put
the house in livable condition, the labor yrould be a couple of hundred dollars, the wiring
y135.00 and plumbing 3175.00; total amount around 51300.CC to make livable.
City Attorney Dillahunty waived his argument, thereupon Attorney Spears presented aggument
for Ns. Beaters.
After deliberation, motion was made by Alderman "stieis: That the Council be in recess. The
motion was seconded by Alderman Leggett. Upon vote, the voting was as follows:
Yes: Aldermen: Y1eis, Bowie, Felts, Leggett, Natthevrs, Rowton, and Sims.
Nay: None.
The Council was called to order after the recess, motion was made by Alderman 'eJeis:
That the house be classified as a "dangerous building" as we have held before, and we proceed
with condemnation. The motion was seconded by Alderman Leggett: Upon roll call -rote, the
voting was as follows:
Yes: Aldermen: Roston, Weis, Sims, Bowie, Leggett, and I~iatthews.
Nay: None.
Alderman Felts abstained from voting.
The Piayor announced the motion carried, and the City Attorney stated a written Finding
Of Fact would be prepared.
T~iayor $den informed the Council the Planning Commission on August 13th had recormmended
that Lots 9, 10, 11, and 12, Block 8, Avondale Gardens Subdivision be rezoned £rom RI•i-3
Diulti-Family to RD;-1 1<.ulti-Family for luxury apartments upon petition of Jack J. 'vJoodard,
Ruben C. Hauser, Sylvia Balkin and Robert L. Barnett. Fs. Everard sdeisburd, Attorney for
Fetitioners, and Ns. Edward Saig were present and discussed the matter with the Council.
It was brought to the Council's attention the Bill of Assurance for the croperty would have
to be amended before the apartments could be constructed in the area, and i~ir. Saig would be
in charge of obtaining the necessary signatures. Thereupon, an ordinance entitled
"An Ordinance To Rezone Lots 9, 10, 11, and 12. Block C', Avondale Gardens Subdivision To
The City Of iTest Memphis, Arkansas, From RI•.-3 i•:ulti-Family To Rbi-1 P:ulti-Family, Declaring
An Emergency And For Other Purpcses" was read the first time. A`otion was made by
Alderman N;atthews: That the ordinance be approved on the first reading. The motion was
seconded by Alderman bJeis. Upon roll call vote, the following voted:
Yes: Aldermen: Rowton, Weis, Sims, Felts, Bowie, Leggett, and i•:atthews.
T1ay: None.
City Attorney Dillahunty brought to the Council's attention the hearing on buildings
at 207 and 2072 j'1. Bond owned by Itr. D. D. Hudspeth and mortgaged to First National Bank
of Eastern Arkansas. P's. ~1. A. Perrino, Building Inspector, presented his inspection report
of I~ay 28th as follows:
Sec. 1 (a). A11 interior walls have settled and buckled out of line. Vertical
structures are damaged from termites, decay and lack of proper support.
Sec. 1 (b). Exterior walls have buckled and are out of line. Supporting members
are badly damaged, sagged and broken due to deterioration, termites
and improper, or lack of foundation.
Sec. 1 (c). Supporting members have settled and given away causing improper
distribution of load on walls and floors. Floors are out of line
and uneven 2 to 3 inches.
Sec. 1 (e). The building is dilapidated, unsafe, unsanitax^,,• and decayed, and is
not fit for human habitation.
Sec. 1 (f). Sanitation facilities are inadequate.
Sec. 1 (i). All plumbing and fixtures including crater lines, are bad and unsafe,
and are not Fit to be used by human beings. Sewer line to street is
unsafe to be used. Electrical wiring and fixtures are dangerous to ax~y
personnel attempting to use them. No part of any of the above mechanics
will meet City or State Codes or Ordinances.
Sec. 1 (j). This building does exist in violation o£ Codes and Ordinances of the City
of ldest I=iemphis, West Piemphis, Arkansas, and in my opinion is 75n or more
deteriorated, and should be demolished.
T•'s. Perrino testified Ns. Hudspeth told him he would tear down the tin building, he was
keeping to store materials in noror. After discussion, motion was made by Alderman Leggett:
That proceed with condemnation of the house at 207 and 207a and building on back, as are
classified as "dangerous buildings". The motion was seconded by Alderman I•`.atthews. Upon
roll call vote, the voting was as follows:
Yes: Aldermen: Rowton, ;9eis, Sims, Bowie, Leggett, and I-atthews.
Nay: None.
Alderman Felts abstained from voting
There being no further business, the Covncil adjourned.
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ATTES
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APPROVED: SEPTEI•iBER 3, 1964