November 4, 1953Iwlr^
MINUTES OF A SPECIAL MEETI}1G OF THE CITY COUNCIL OF THE CITY OF WEST P'fEMP}iIS,
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ARKANSAS HAD AND HFLD ON NOVEMBER 1~ 1953.
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The Council of the City of West Iviemphis met in a special session at the
City Hall in said City at 7:00 P.M, on the lath day of November, 1953.
The meeting was called to order and upon roll call there were:
Present: Aldermen James 137.edsoe, 0. I. Bollinger, John Burrow,
Freeman Finley, Curtis Foster, A. R. Manchester, and
P. B. Powers; City Attorney Atlee Harris.
Absent: Mayor W. B. Fordyce, Alderman C. H. Rowton, and City Clerk
W. R. Seaton.
The Special Fleeting having been called in accordance with Ordinance 219,
and a quorum being present the following proceedings were had to-wit:
Mayor Fordyce being absent, motion was made by Alderman Bollinger and
seconded by Alderman Bledsoe: That Alderman Curtis Foster be elected Mayor
Pro Tempore. Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, and Powers.
Nay: None.
Reading of the P•linutes of Council Meeting on October 20th and November 3rd
was dispensed with until the next meeting of the Council.
Rev. T. D. Douglas of the Grace Baptist Church appeared before the Council,
and discussed the October 27th requirements of the Planning Commission in regard
to application of the Church to construct a church on Lots 9 through 18, Block 165,
Kendal. Thereupon, the following motion was made by Alderman Bollinger and seconded
by Alderman Bledsoe: That the application of Grace Baptist Church to construct a
church on Lots 9 through 18; Block 165, Kendal be approved subject to any objections
being presented at a hearing on December 1, 1953, and the City Clerk was directed to
have notice of hearing be published in accordance with Ordinance No. 165. Upon vote,
the Aldermen voted.:
Aye: Bledsoe, Bollinger. Burrow, Finley. Manchester.
Nay: None.
Not Voting - Alderman Fowers.
City Attorney Harris advised the Council that he had. approved the Bill. of
Assurance and Agreement for Wendal Homes that same had been executed by the Mayor
and City Clerk, and that the Light & Water Conunission had previously gone over the
Contract; thereupon, motion was made by Alderman Bledsoe and seconded. by Alderman
Bollinger: That the Council approve the following Agreement and Bill of Assurance
of Wendal Homes:
BILL OF' ASSURAPdCE
PART A. PREAI`~BLE
Y,PI01~1 ALL MEPI BY THESE PRESEPITS:
That the WILLIAM L. JOHIISON COMPADIY, A Corporation, hold the title as to all
the following described lands situated in the County of Crittenden, State of
Arkansas, to-•-wit:
The Southi,reest Quarter (SW1) of the Northeast
Quarter (NEB) and the Northwest Quarter (NW4)
of the Southeast Quarter (SEA) of Section
Seventeen (17), Township 6 North, Range 9 East.
The title of the Grantors herein is subject to
the easement of the public in any and all ways
on or across said land heretofore dedicated to
public use, drainage canals, electric power lines
and other public utilities.
The Grantors herein have caused said lands to be surveyed, subdivided and
laid out into lots and blocks, streets, drives, avenues and parkways. Said sub-
division has boon Warred and shall. henceforth be known and designated as George T.
Kendal Third Addition, West Memphis, Arkansas. Said Addition contains foux• (!~)
blocks designated One (1) to Foru• (1t), inclusive, and the Grantors have executed
a Flat showing the location of said blocks and the numbers and dimensions of the
lots in each of the said bloc],. Also the location, width, and names of streets,
drives, avenues and parkways, which streets. drives, avenues and parkways not
heretof ore dedicated to the public for its use and benefit are hereby dedicated
to the said public for its use and. benefit forever. Said Plat is recorded in
Plat Boolc Pages of the records in the Office of the
Clerk of the Circuit Court anti Ex-Officio Recorder in and for Crittenden County,
Arkansas.
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PART B. AREA OP' APFLICATIOII
B-1. FTTLLY FROTLCTED RESIDI;PITTAL AREA
Fu.'_1_y protected single family residential area covenants isr Fart C and D shall.
apply to all of Blocks One (1) to Four Oa), i_nclusi_ve.
PART C, RESIDFN'CIAL AREA COVENAPITS
C-l. LAP1D iTSE AND BUILI)TNG TYPE
PIo l.ot shall be used except for residential purposes. No building sha.l]. he
erected, altered, placed. or permitted to remain on any lot other than one detached
single family dwelling oat to exceed two and one-halt stories in height and a private
garage for not more than tyro cars.
C=2, ARCHTTECTURl~L CON'I'R.OL
No bu3.Jding shall be erected, placed, or aJ_tered on any lot until t•he
construct.i.on plans anal specifications and a plan shawing the location of the structure
have been approved by the City Planning Commissian of the City of West Plemphis, Arkansas
or by such other body or bodies created. by the City of West Memphis which shall. replace
the City Planning Comnr.ssion or shall asswne the function of that body as to quality of
wail<manship and materials, harmony of external. design with existing structures, and as
to l.oca.tion with respect to topography and finish grade eleQation. No fence or waJ_J shall
be erected., placed or altered on any lot nearer to any street than the minimum building
setbacl: line unJ.ess simiJarl_,y approved,
C-3. DWliLLJ1VG COST, 4~UAI,IlY APID SIZE
Pdo dwelling shall be permitted on any lot at a cost of less than X5.000.00 based
upon cost levels prevailing on the date these covenants are recorded, it being the intention
and purpose of the covenants to assure that all. dwellings shall be of a quality of war•1-man-
shi.p and materi.a_ls substantially the same or better than that rahi.ch can be produced. on the
date these covenants are recorded. at the minimum cost stated herein for the minimum permitted
drrel.l.ing size. The ground floor area of the main structure, exclusive of one-story open
parches and garages, shaJ.J. be not less than 600 square feet for aone-story dwel.Jing, nor
less than 600 square feet for a dwelling of more than one story.
C-L4. BiIILD1NG LOCATION
P1o building shall. be 7.ocaterl on any lot nearer to the front lot line or nearer to
the side street line than the minimum buil..d.i_ng set ba.c..l: lines shown on the recorded p1_at.
Irr any event no building shal_1 he located on any lot nearer than twenty-five (25) feet to
the front lot line or nearer than ten (1O) feet to any side street line. No bui.lc3ing shall
be Jocated on any interior l.ot nearer than twenty-five (25) feet to the rear lot line. For
the purposes of this covenant, eaves, steps, open porches and carports shall not be considered
as a pars; of a building, provided. however, that this shall. not be construed to permit any
portion of a building to encroach upon another lot.
c-5. EASifii?tdTs
F,asemeni:s for ir~stall.ation and maini;enance of utilities and drainage facilities are
reserved as shown on the recorded plat and over the rear five feet of each lot.
C-6. LOT AREA A11D VJIDTIi
Plo dwelling shall be erected or placed on any lot having a width of less than
forty-five (45) feet at the minimum building setback line oar shall any dwelli.n~; be
erected or placed on any lot having an area of less than 5000 square feet.
c-~. rlUr_saTrr.•as
No naxi.ous or offensive activity skral7. be carried on upon any lot, nor shall. anytknng
be done thereon which may be or may become an aruroyance or nuisance to the neighborhood.
C-8, TEPTPORARY STRUCTURES
P1o structure of a temporary character, trailer, basement, tent, shad:, garage,
barn or other outbuilding shall. be used. on any lot at any time as a residence either
tempDr•ari_ly or permanently.
C-9. SIGidS
No sign of any kind shall be displ~ed to the public view on any lot except one
prafessi.onal sign of not more than one square foot, one sign of not more -than five square
feet advertising the property for sale or ant, or signs used by a builder to advertise the
property during the construction and sales period.
C-1C. PROTECTIVE SCRtiFTIING
Protective screening areas are established along the nnrt:h side of the lots in
Block One (1). Except as otherrri.se provided herein regarding street intersections under
"Sight Distance at Intersections", planting, fences or walls shall be maintained. throughout
the entire length of. such areas by the owner or otirners of the lots at their oirn expense to
form an effective screen for the protection o£ the resi.dent;ial area. P1o bui.J_ding or
structure excdpt a screen fence or wall or utilities or drainage facilities shall. be placed
or permitted to remain in such area. Pdo vehi.cul_ar access over the areas shall be perroritted
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C-11. SIGHT DISTANCE AT ITdTERSECTI0N5
No fence, wall-. hedge or shrub planting which obstructs sight lines at
elevations between 2 and 6 feet above the roadways shall- be placed or permitted
to remain on any corner lot within the triangular area formed by the street
property lines and a line connecting them at points 25 feet from the intersec-
tion of the street lines, or in the case of a rounded property coiner from the
intersection of the street property lines extended. Tlie same sight-line
limitations shall apply on any lot within 10 £eet from the intersection of a
street proper•t;y line with the edge of a driveway or alley pavement. No tree
shall be permitted to remain within such distances of such intersections unless
the fol.i.age line is maintained at sufficient height to prevent obstruction of
such sight lines.
FART D. GENERAL PROVISIONS
D-l. T1;R1~1
These covenants are to run with the land and shall be binding on al_l
parties and all. persons claiming under them for a period o£ tvrenty-five years
from the date these covenants are recorded, at which time said covenants shall.
be automatically extended for successive periods of ten years unless by a vote
of the owners of a majority of the property based on front foot ownership, it:
is agreed to change said covenants in whole or in part, except that the covenants
may be amended at any time by vote of the owners of a majority of the property
bases on front foot ownership.
D-2. ENI'ORCL3IENT
Enforcement shall be by proceedings at law or in equity against any person
or persons violating or attempting to violate any covenant either to restrain
violation or to recover damages,
D-3. 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 in full
force and effect.
IN WITNESS W1IGRI,OF, the said WILLIAM L. JOHNSODI C01`IFATIY, a Corporation, has
caused this instrtunent to be signed by its president, attested by its secretary,
and its corporate seal to be affixed this the 20th day of October, 1953.
i•12LLIAM L. JOIIIdSON COTIFAAIY, a CORPORATIOTd
By /S/ ABBOTT WIDDICOPff1E Fresident
ATTEST:
/S/ STELLA WH1:1E
Secretary
AGREEMETTT
THIS AGREEI'IENT entered into this 20th d.ay of October, 1953, by and between
the City of West Memphis, a municipal corporation existing under the laws of the
State of Arkansas, hereinafter called City, and Jack W. Rich Construction Company
of West Memphis. Crittenden County, Arkansas.
6~TIITIESSETH:
I~IliREA5, Jack W, Rich Construction Company is the purchaser under contract
of a tract of land situated within the Corporate Limits of the City of West Memphis
as shown on the attached plat designated as George T. Kendal~s Third Addition to
the City of West P4emphi.s, consisting of eighty-six (86) lots, as prepared by
C. H. Bond, Civil Engineer, and made apart of this Agreement as E.Yhibit "A"
hereto, and.
YTIC3REAS, Jack W. Rich Construction Company plans and proposes to construct
sevens;y-eight (78) houses in said Addition (eight (8) lots at•e not to be built
on at the present time), and
b~I1FREAS, the attached plat sets forth the George T, Kendal Third Addition
and the proposed plan for the subdivision of said tract of land,, which proposed
plan of subdivision has been approved by the City Flanning Commission and by the
City Council, and
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IkiEREAS, the parties are desirous of entering into this agz•eement to provide for the ii
insta7.7.ation of utilities raithi.n the said subdivision and fo-r the development of the same;
and
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PIOW, 1'IIEREFORi;, for and in consi.dera.tion of the premises, it is mut.ua7.7y covenanted and
agreed as follows: ;;
1. DEI)ICATI011 OF S1T~EETSzAT.I~EYS, UTILITY EAS~•IEiITS:
Jack W. Rich Construction Company agrees to dedicate to public use forever the
streets. utility easements, a7.leys, and City agrees to accept ;aid dedi.cat.ion and. agrees
to the perpetua7_ maintenance and up'eep of the same,
2, B77,L OF' ASSURAIICE:
Bi.7.1. of Assurance is hereirith suhr~i.tted to the City Council and by appx•eval of this
a~rreementaccepts the some.
3. UTli,ITTE5:
City to provide public Crater and electrical uti7.it.ies.
City agrees that it. vri7.1 install. in and through the said subdivision, within the
easements as shoirrx on the dedicated plat, mai.ntai_n, and fux•nish the fo1.7.or.ring~ utilities
for the purpose of serving each of the aforesaid eighty-si.c (8`) lots taithin the said
subdivision:
(a) EXTCsNT -SERVE EACI1 BUTLT-UPON l,OT: Insta).1 a].7_ und.erground
utility mains and laterals before installation of Bl.acktep on
any stx•eet surfacing.
(b) WAR SXSTLT? - A complete watex• system.
(c) F71?E IiYDR.AI]TS -Spaced not more than 1,000 feet apart and served
with water mains not less thas~ six inches (6~~) in diameter.
(d) ELECTFtICT`1`Y - A17. electric ].i.nes,
(e) STR.E1sT LIGIIT11iG - Suitahl.e Street T,i_phtinl;.
In regard, to the water system. the City as to each individual lot will provide the
meter at the lot line and wi.7.7. deliver the Srater at the meter to the user.
In regard to the electri.ci.ty, the City will provide the meter as to each individual
lot, said meter to be installed by City on the house to be erected thereon, and. will deliver
electricity to such point to the user. In regard to the said water and electric utilities,
City will insta7.7 same in such manner, so that said uti7.i_t;ies wi.l7. fully and adet}uately
provide such utilities to each and every of the eighty-si:. (86) lots.. complete and ready £or
use. City is to charge the users of such services, its prevailing rates and charges as
provided by ordinances.
City iri'l1- make said. installations i.n accordance with the requirements of hxkansas
State Law and in such manner as to be acceptable to the Federa]_ Housing Administration
requirements.
City agrees that no .lien or assessment Uri.ll. be applied against the aforesaid. eighty-
six (86) lots as a result o£ the instal7_ation of the required utilities, (hozrever, this does
not preclude the City from charging its usual. rates and service charge for uti.7.it.y service to
users in accordance with ordinances of the City of 4•Jest Plemphis and the Statutes of the State
of Arkansas.)
!i. Bond by Jac}; GJ. Rich Construction Company to protect City on its cost of install-
ing public water and el.dctric utilit-i.es:
The City~s pY•elimi.har5~ estimate of its costs of materi.a]_s to inst:al7 the water and
electric utilities, as set forth in Part 3 above, is:
(a) Public water system including fire
hyrlx•ants and. meters ................ ~~11., 070.28
(b) Electric distribution system, includ-
i.ttg street lighting and meters..... 9i123.1t2
TOTAL Sa20,1°3.70
City is to fu.rni_sh a7.]. labor for t-rater and electric insta7.lati.ons at an estimated
cost of 5;2,250.10.
In orclex• to assixx•e City that seventy-eight (78) houses wi_71. be built upon said. lots
iri.thin ttro (2) years from this date, Jack GJ. Rich. Construction Company agrees to furnish a
bond in the penal. sum of ~22,l~1i3.80, being Chie Hundred Per Cent (100) of Ci.ty~s estimated
cost of materials and labor, with a good and solvent surety company, as sux•ety thereon,
licensed ancl. authorized to do business in Arkansas, or such other bond as may be agreed on.
5• Jack W. Rich Construction Company agrees that it will. install through a
competent, an? bonded contractor a public sani.t,ary seirerage system in and throughout thcs
said subdi_vis9on, all. in accordance with the p1.ans and specifications attached hereto and
marked '.xlli.bi.t nBn
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Jack W. Rich Construction Company to provide a sanitary sewerage system,
including necessary sewer connections to present city system for eighty-six
(8C) connections,
The specifications are attached hereto and incorporated herein by reference
mar}cod Exhibit "C" .
6. STREETS, STORI~1 DRAIPIAGE, CURBS AND GUTTERS:
Jack. W. Rich Construction Company agrees that it wi.l.l at its own cost and.
expense grade, construct and gravel said streets, and construct curbs and gutters
according to plans and specifications attached hereto as EYhi.bit "D".
7. 04JfIERSHIF VESTS III CITY:
Plotwithstanding the fact that Jack id. Rich Construction Company have dedicated
the ].and therefor, and wil]. have constructed same at its own expense, "ownership
of a7.1 streets, street improvements and storm sewer shall vest absolutely in the
City as completed. Likewise, ovmershi.p of the public water system and of the
electrical distribution utilities shall be in the City. The ownership of the
pub].i.c sanitary sewerage system in and throughout the Subdivision shall be vested,
as completed, in the City,"
The City shall have the right to inspect the construction of the sanitary
sewer system as the work progresses and to designate such inspector or inspectors
as City sees fit.
Ja_c}; UT. Rich Construction Company to furnish Bond to protect the City against
defective material. and worlsnanshi.p, and which Bond. shall cover said defects for
a period of one (1) year after completion.
8. ASSUitANCE TO FEDERAL HGUSIIIG AI7fI]1IISTItATION:
The execution of tl~i.s contract by the parties, filing of bond, and all
required exhibits the City agrees to give Federal Housing Adminj.stration
necessary assurances in letter form that all. lots will have electricity and
water.
The City further agrees that it will give assurance to the FHA, when so
requested, that setrer service trill be available to said eighty-six (8!) lots and
houses when completed.
GIITIIESS the signatures of the parties the day and year first above written,
the signature of the City being by and through its duly q~~~ ified officials,
pursuant to proper resolution, orduzances and municipal. powers, and the signa-
tw•e of Jack W. Rich Construction Company being by and through its duly
authorized officers, pursuant to proper corporation resolutions and proper
corporate poirers.
CITY OF W1~ST PII;I~IPHIS, ARKANSAS
BY/S/ ti•J. B , FORDYCF
P4ayor
AT`l'EST:
/S/ W, R. SEATOId
C;~ty Clerk
JACI. W. RICA CONSTRtICTION COMPANY
BY/S/ JACK W. RICH
Upon vote, the Aldermen voted:
Aye: Bledsoe, Bollinger, Btu•row, Fin]_ey, Planchester. and Fotrers.
Nay: None.
The use of tags or decals for 195u city vehicle license was discussed and
price 1_ists submitted from the following firms were presented to the Council.:
The West Mempha_s News
J. L. Montgomery
The Wagner Company
I. G. Sharff
W. J. Cooley & Company
Mayor Pro Tempore Foster appointed a committee of Aldermen Finley, Burrow, and
Bollinger to study the matter, and the committee zras authorized to proceed with
ordering the license. Cor*rmittee meeting was set for Thursday, November 5th at
'1:3o F.M.
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Alde~•man Poure~~s requested consideration of building application filed to construct
store building on Lots 21 and 22, Block l~rs, ';enda).. F~:ccerpts from minutes of
Planning Conmiiss_on Jteeting on October 2'7th t-rere read, and it eras the opinion of
the Counci'I. that no aoti_on could. be taken tmtil recomrnendat7.on t~ras received from tyre
Plann:i.ng Convn:issinn on the application.
t1o further business appeax^a~g. motion z-ras made by Alderman Bledsoe and seconded by
Alderman Bo1.li..ngc;r to adjourn the meeting. Uparr vote, the Aldermr-.n voted:
Aye: Bledsoe, Bo17.inger, Burrour, Finley, I<iarrchester, and Pourers.
Play: IJone .
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APPRCVPll: N(?tTElTR~FP 17. 1U53