July 14, 1953MINUTES OF AN SOJOURNED MEETING OF TfD; CITY COUNCIT. OF THE CI'!'Y OF WEST MEMPHIS, ARKANSAS,
HAD AND HELD ON JULY 11;, 1953.
The Council of the City of West Memphis met in an adjourned sesssion at the City Hall
in said City at 8:00 P.M. on the I.l~th day of July, 1953.
The meeting was called to order by the Mayor, and upon roll call there were:
Present: Mayor W. B. Fordyce presiding and the following Aldermen:
James Bledsoe, 0. I. Bollinger, John Burrow, Curtis Foster, A. R. Manchester,
P. B. Powers, and C. H. Rowton; City Attorney Atlee Harris and City Clerk
W. R. Seaton.
Absent: None.
The following proceedings were had to-wit:
Excerpts from minutes of the Planning Commission Meeting on July 9th advising the Council
of the action of the Commission on the Bill of Assurance of Royal Gardens Subdivision were
read. Thereupon, the Bill of Assurance was presented as follows:
BILL OF ASSID?ANCE
KNOW ALL MEN BY THESE PRESENTS:
That Advance Development Company, Inc. and J. F. Wheeler and Jessie D. Williams Wheeler,
his wife, hold the title to the following described lands actuate in the County of Crittenden,
State of Arkansas, to-wit:
A parcel of land located in the Eastern end of West Memphis,
Crittenden County, Arkansas, and more particularly described
as the North approximately twenty-three (23) acres of the
36.59 acre tract being acquired by H. G. Dickey and more
particularly described as being in the West Half (W2) of the
West Half (W2) of the Southeast Quarter (SEA) of Section
Eight (8 ), Township Six (6) North, Range Nine (9) East,
North of Ten-Mile Bayou recorded as Royal Gardens Subdivision
o£ record in Book , Page , in the Office of
the Circuit Court C e~ rT~an~c Ex-Off ci~o~tecorder of Crittenden
County, Arkansas, beginning at a point on the West line o£ the
proposed Dickey 36.59 acre tract, which point is 1500 feet
south along the west line of said tract from the northwest
r.,orner• thereof.; thence eestwardly with the south bank of
Ten-Mile Bayou and -cai.th the meandering thereof to a point in
the south on eastwardly bank of said bayou which is approxi-
mately 1500 feet south of the north line of the Dickey 36.59
acre tract; thence, eastwardly across Ten-Mile Bayou to the
east bank thereof; thence southwardly and eastwardly with the
said south and east banks to a point in the east line of the
Dickey 36.59 acre tract; thence, northwardly with the east
line of the Dickey tract to the northeast corner thereof;
thence, westwardly with the north line of the Dickey tract
663.3 feet to the northwest corner of said Dickey tract;
thence, southwardly with the west line of said tract 1500
feet to the point of beginning.
That the said Advance Development Company, Inc., has caused said lands to be surveyed,
subdivided and laid out into lots, blocks and streets. The said J. F. Wheeler and Jessie D.
Filliams Wheeler as owners of part of said property loin in this Bill of Assurance for the
purpose of indicating their acceptance of the plan. It being distinctly agreed and
understood, however, that the Bdvance Development Company, Inc. will provide and assume all
obligations for the installation of gutters, curbs, streets, storm sewers and sanitary
sewers. Provided, however, that nothing herein contained shall be construct to indicate
that the said J. F. Wheeler shall in any way be liable or obligated for any of the acts to
be done or performed by said Advance Development Company, Inc. on said property.
As apart of this Bill of Assurance certain safeguards and restrictions, hereinafter
referred to as "Subdivision Restrictions" are hereby placed on the lots of said plat
except as otherwise noted.
1. LAND USE AND BUILDING TYPE. All lots shown on the plat shall be known and
described as residential lots and no buildings shall be erected, altered, placed or
permitted to remain on said lots other than one single-family dwelling not to exceed
two and one-half (22) stories in height, and a private garage for not more than two
(2) cars, and one (1) servantTS room, except Lot One (1) Block Two (2) as shown on the
said plat, which lot shall be known and used as commercial property and all buildings
thereon shall conform with city ordinances relating to commercial property.
2. DWELLING COST AND SIZE. No dwelling shall be pex~nitted on any lot at a cost
less than Eight Thousand and No/100 (8,000.00) Dollars based upon cost levels prevailing
on the date these covenants are recorded. The ground floor area of t8e main structure,
exclusive of one-story open porches and garage, shall be not less than 890 square feet
for a one-story dwelling, nor lass than 750 square feet for a dwelling of more than one
story.
3. BUII.DING LOCATION. No building shall be located on any lot nearer to the front
lot line than 30 feet, or nearer than 30 feet to any side street line. No building shall
be erected nearer than 10 feet to any interior lot line. No dwelling shall be located on
any interior lot nearer than 60 feet to the rear lot line. For the purposes of this
covenant, eaves, steps, stoops and open porches shall not be considered as apart of a
building and may pro3ect beyond building lines, provided, however, that this shall not be
construed to permit any portion of a building on a lot to encroach upon another lot.
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4. LOT WIDTH AND AREA. No dwelling shall be erected or placed on any lot in this
tract having a width of less than 80 feet at the minimum building set-back or an area
of leas than 10,000 square feet.
5. SIGNS. No sign of any kind shall be displayed to the public view on any lot
except one professional sign of not more than one square foot, one sign of not more
than 5 square feet advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and sales period.
6. PROTECTIVE SCREENING. Private screening areas are established as shown on the
recorded plat, including a 15 foot strip of land on the residential lots along the
property lines of Ten-Mile Bayou. Except as otherwise provided herein regarding street
intersections under "SIGHT DISTANCE AT INTERSECTION", planting, fences or walls shall be
maintained throughout the entire length of such area by the owner or owners of the lots
at their own expense to form an effective screen for the protection of the residential
area. No building or structure except a screen, fence or wall or utilities or drainage
facilities shall be placed or permitted to remain iri such areas. No vehicular access
over the areas shall be permitted except for the purpose of installation and maintenance
of screening, utilities and drainage facilities.
7. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the raodways shall be
placed or lpermitted to remain on arty corner lot within the triangular area formed by
the street property lines and a line connecting them at points 25 feet from the inter-
section of the street lines, or isr the case of a rounded property corner from the
intersection of the street property lines extended. The same sight-line ]imitations
shall apply on any lot within 10 feet from the intersection of a street property line
with the edge of a drive-way or alley pavement. No trees shall be permitted to remain
within such distance of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight line.
8. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall not be kept except i.n sanitary
containers. All incenerators or other equipment for the storage or disposal of such
material shall be kept irr a clean and sanitary condition.
9. EASEMENTS. Perpetual easements for installation or maintenance of utilities and
drainage facilities are reserved as shown on this plat.
10. TERM. These covenants are to run with the land and shall be binding on all
parties and all persona claiming under them for a period of 25 years from the date
these covenants are recorded, after which time said covenants shall be automatically
extended Br successive periods of 10 years unless an instrument signed by a majority
of the then owners of the lots have been recorded, agreeing to change said covenants
in whole or in part.
11. ENFORCEMENT. Enforcement shall be by proceedings at law, or in equity against
any person or persons violating or attempting to violate any covenants either to restrain
violation or to recover damages, and failare or neglect to enforce any provision hereof
shall not constitute a waiver or operate as an estoppel.
12. SEVERABILITY. Invalidation of any one of these covenants by judgment or court
order shall in no wise affect any of the other provisions which shall remain iar full
force and effect.
IN WITNESS WHEREOF the said Advance Development Company, Inc., a corporation, has
caused this instrument to be signed by its President and attested by its Secretary and its
corporate seal to be affixed hereto and has set its hand and seal this daw}* of
1953, and the said J. F. Wheeler and Jessie D. Williams eeler, his
w~e,~ave steed and seal the same as of this date.
ADVANCE DEVELOPMENT COMPANY, INC.
By S J. F~WHEELER
Pres ent
ATTEST:
/S/ GENE W. MCAULEY
Secretary
/S/ J. F. WHEELER
J. ~: ATieeler
LS/ JESSIE D. Wf~ELER
Jess~e'~ Wil ams eeler
After discussion, motion was made by Alderman Bollinger and seconded by Alderman Rowton:
That the Bill of Assurance of Royal Gardens Subdivision be approved as recommended by
the i'J.anning Commission. Upon vote, the Aldermen voted:
Ayes Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rpwton.
Nays None.
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Mayor Fordyce advised the Council that the contract for utilities with the
developers of Royal Garden Subdivision was being considered by the Light & Water
Commission, who would render a statement of their action on Friday, July 17th.
The contract was then discussed by the Council, and resolution was introduced by
Alderman Powers, who moved its adoption, seconded by Alderman Finley as follows;
RESOLUTION
That contract of Royal Gardens Subdivision be approved by Resolution of the
Council at this time subject to approval of the Light & Water Commission on
Friday, July 17, 1953, at 10:00 A.M.
Upon vote, the Aldermen voted:
Ages Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton.
Nay: None.
Attorney Edward J. Rubens in behalf of the developers of Royal Gardens Subdivision
authorized the insertion of the following figures in the contract as recommended by the
Light & Water Commission:
Lights & Water $235.00 per unit - $16,000.00 For the Project (Materials X12,120.00
Labor 3,880.00)
Recommendation of the Light & Water Commission to purchase 100 water meters from
the Neptune Meter Company in the amount of approximately $2,000 was presented to the
Council. After discussion, motion was made by Alderman Rowton and seconded by Alderman
Finley: That the Light & Water Commission be authorized to purchase 100 water meters
from the Neptune Meter Company. Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Bitmow, Foster, Manchester, Powers, and Rowton.
Nay: None,
Mayor Fordyce stated to the Council that the ordinance creating the original
Planning Commission had been adopted in 1935, and at this time it was expedient that
an ordinance be considered that was more in conformity with legislation of the State
of Arkansas and the development of the City,
Thereupon an ordinance was introduced in writing and read in ful_1 by Alderman Burrow
Alderman Rowton 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 Finley, and thereafter the Mayor put the question on the
adoption of said motion, and the rol]_ being called, the following voted:
Aye: Bledsoe, Bollinger, Btmrow, Foster, Manchester, Powers, and Rowton.
Play: None.
Whereupon the Mayer 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 Foster then moved that said ordinance be now placed upon its final adoption;
motion was seconded by Alderman Manchester, and after due consideration thereof by said
Council, the Piayor put the question on the adoption of the motion, and upon the roll being
called, the following voted:
Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton.
PTay: 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 Bledsoe who moved its adoption, seconded
by Alderman Bollinger, 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 noted:
Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton.
Nay: None.
Whereupon the Mayor called to the Councils 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 Rowton and duly
seconded by Aldez~nan Finley that the emergency clause of said ordinance be adopted., and
the roll being called, the following voted.:
Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton.
Nay: None.
La
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 Weat Memphis, Arkansas, and to have
same published as required by law, and to number said ordinance No. 258.
Said ordinance to which no amendment was offered read as follows:
ORDINANCE NO. 258
AN ORDINANCE CREATING A CITY Pi~ANNING COMMISSION AND PRESCRIBING THE NUMBER, QUALIFICATIONS,
AND DUTIES OF ITS MEMBERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1: PURPOSE
In order to direct the development of the City arriencourage its social and economic
improvement in accordance with modern city planning principles and to insure the orderly,
efficient, and economic arrangement and development of public works pro~ecta.
SECTION 2: MEMBERS
The City Planning Commission shall consist of not less than nine (9) m®mers including
the Mayor and City Engineer; a member of the City Council to b® selected by the City Council
from among its members, and the other members shall be citizens qualified by knowledge or
experience to act upon matters pertaining to the physical, social, and economic development
of the City, who shall serve without compensation and at least two-thirds of whom shall not
hold any other municipal office or appointment. The citizen members shall be appointed by
the Mayor. Any members of the Commission, except the member of the City Council, may be
removed by the Mayor at a:~y time for due cause shown. All members shall serve without
compensation.
SECTION 3: PROCEDURE
The Council confers on such Commission the powers necessary to carry out and enforce
the City Plans as set out in ordinances enacted and all amendments thereto. The Commission
may adopt such rules and regulations, not inconsistent with laws of the State, for its own
organization and procedure as it may deem proper. The Mayor shall be Chairman of the
Commission. Tn the absence of the Mayor, a quorum being present, the Commission shall
elect a Chairman, who d1a11 preside.
SECTION lt: DUTIES
The duties of the Commission shall be to prepare a comprehensive plan or plans showing
its ideas and recommendations for the physical development of the City; to provide such
programs, drawings, maps, or plena covering the whole or any portion of said City and Af
any lands outside of said City which in the opinion of the Commission bears relation tq the
development or welfare of the City and said plan or plans shall show the Commissions ideas
and recommendations relative to the location, width, and arrangmenta of streets, alleys,
bridges, grade separations, parks parkways, playgrounds, schools, public institutions, or
other public grounds or improvements; the grouping of public buildings, the design and
placing of any memerial.s or works of art; transportation facilities, such as railroad, rail-
way and motor; street appurtenances, including lighting standards, street name signs, poles
and wires, pro3ection signs and the like; zoning plan and ordinance for the classification
and regulation of land uses and open spaces about buildings and any other matters pertaining
to the physical, social, and economic improvement of said City or any portion thereof.
SECTION 5: SUB-DIVISION OF LAND
A11 plans and plats for the sub-division or re-subdivision of land into streets
and/or building lots shall be submitted to the City Planning Commission for its
recommendations before final acceptance or approval by the City. Such recommendations
by the Commission shall. be made within thirty (30) days and failure to do so shall
constitute a waiver of its rights to pass upon such plan or plat.
SECTION 6: PUBLIC WORKS PROGRAM
It shall be the duty of the City Planning Commission to prepare and submit an
annual public works program to the Mayor and City Council on the first day of January each
year, and it shall also be the duty of each and every City department or agency to furnish
the Commission, upon request, any data, plans, estimates, or programs and to collaborate
with said Commission in the preparation of such public works program.
SECTION 7: REPORTS
The Commission shall make an annual report to the Mayor and City Council covering
their investigations, transactions, and recommendations, and such other reports relative
thereto, as it may deem proper or as requested by the Mayor or City Council and said
Commission may employ such city planners, engineers, architects, clerks, secretary, and
other persons, whose salaries nd compensations and other necessary expenses of said
Commission and its members shall be provided for at the discretion and approval of the
City Council by proper appropriations or ordinances and said City Council. is hereby
authorized•to do so in any manner not inconsistet with the laws of the State of Arkansas.
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2~`~
SECTION 8: LEGLSLATION
It shall also be the duty of the Commission to prepare and recommend such national,
state, and municipal legislation as may be necessary in carrying out the recommendations
or suggestions of the Commission.
SECTION 9: EFFECT
This ordinance shall take effect and be in force from and after its passage and
approval by the Mayor.
SECTION 10: WHEREAS the City of West Memphis is growing at a very rapid rate and
additional plans are immediately necessary in order to provide for the development of
said City, now, therefore, an emergency is hereby declared and this ordinance being
necessary for the immediate preservation of the public peaoe, health and safety, shall
take effect and be in force from and after its passage.
Mayor Fordyce advised the Council of the procedure of the University of Arkansas
in City Planning as outlined by Mr. W. S. Bonner of the University. After discussion,
motion was made by Alderman Manchester and seconded by Alderman Foster: That the
Mayor be authorized to request that a contract drafted by the University of Arkansas
be submitted to the City Council for their consideration. Upon vote, the following
voted:
Aye: Bledsce, Bollinger, Burrow, Foster, Manchester, Powers, and Rowton.
Nay: None.
Fire Chief Murphy reported to the Council. that the No. 2 International Pumper
was being used for an indefinite period before repairs are made. After discussion,
motion was made, passed, and adopted authorizing the Mayor and Chief of the Fire
Department, to make whatever arrangments are deemed advisable.
No further business appearing before the Council, motion was made by Alderman
Bledsoe and secon<ed by Alderman Burrow to adjourn the meeting. Upon vote, the
Aldermen voted:
Aye: Bledsoe, Bollinger, Burrow, Foster, r'Ianchester, Fowers, and Rawton.
Nay: None.
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MAYOR
ATTEST:
L~ -~
~'~~s<..
RK
APFROVED: ,r(ILy 21, 1953