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April 20, 1954
~~~ MINUZ~S OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CTTY OF WEST MEMPHIS, ARKANSAS, _ HAD AND HELD ON AFRIL 20,_1954. 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 20th day of April,,1954. The meeting was called to order by the Mayor, and upon roll call there were: Present: Mayor H. B. Price presiding and the following Aldermen: James Bledsoe, 0. I. Bollinger, John Burrow, Freeman FinJ.ey, Curtis Foster, A. R. Manchester, P. B. Powers, and C. H. Rowton; City Attorney Atlee Ifarris and City Clerk W. R. Seaton. Absent: None. The following proceedings were had to-wit: Minutes of Council Meetings on April 6th and 7th were read and approved. Mayor Price informed the Council the Planning Commission on April 8, 1951G, had recommended the approval of the following Bill of Assurance: BILL OF ASSURANCE PART A. PREAMBLE KNOW ALL MEN BY THESE PRESENTS: That the GUARANTY LOAN AND REAL ESTATE COP~IPANY and WALLIN-DICKEY & RICH LUMBER COMFANY, both Corporations and CHARLES F. MANLY ho]d~,:, the title. as to all the following described lands situated in the Couty of Crittenden, State of Arkansas, to-wit: Re-Subdivision of Lots 16, 17, 18, 19, 20, 21, 22 23, 2l~, 25, 26, 27 & 28 of the Gibson Subdivision West Memphis, Arkansas. In the Northwest Quarter (NW4)of Section Twelve (12) - Township Six (6) Range Eight (8) East. The Grantors herein have caused said lands to be surveyed, subdivided and laid out into lots and blocks, streets, drives, avenues and parkways. Said subdivision has been named and shall henceforth be known and designated as Gibson Addition, West Memphis, Arkansas. Said Addition contains four (1~) blocks designated Four (!~) to Seven (7), inclusive, and the Grantors have executed a Plat showing the location of said blocks and the numbers and dimensions of the lots in each of the said blocks. Also the location, width and names of streets, drives, avenues and parkways, which streets, drives, avenues and parkways not heretofore 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 Book Two (2), Page Seventy-Four (74) of the records in the Office of the Clerk of the Circuit Court and Ex-Officio Recorder in and for Crittenden County, Arkansas. PART B. AREA OF APPLICATION - IDENTIAT, AREA Fully protected single family residential area covenants in Part C and D shall apply to all of Blocks Four (4) to Seven (7), inclusive. PART C. RESIDENTIAL AREA COVENANTS C-1. LAND USE AND BUII~D]NG TYPE No lot shall be used except for residential. purposes. No building shall. be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars. C-2. ARCHITECTURAL CONTROL No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structux•e have been approved by the City Planning Commission of the City of West Memphis, Arkansas or by such other body or bodies created by the City of West Memphis which shall replace the City Planning Commission or shall. assure the function of that body as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, C-3. DWELLING COSTS, QUALITY AND SIZE No dwelling shall be permitted on any lot at a cost of less than $7,000,00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenets to assuY•e that all dwellings shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 800 square feet for a one-story dwelling, nor less than 800 square feet for a dwelling of more than one story. .~P~~~ C-Lt. BUII~DIPFG LOCATION No building sha7.l be located on any lot nearer to the front lot line or nearer to the side street line than the mi_ni.rnrun building set back lines shoVm on the recorded plat. In any event no building shall be located on any lot nearer than twenty-five (25) feet to the front lot line or nearer than ten (10) feet to any side street line. No building shall be nearer than five (5) feet to an interior lot line. No dwelling sha7.7. be located on any interior lot nearex• than twenty-five (25) feet to the rear lot line. For the pux•poses of this covenant, eaves, steps, open porches and carports shall not be considered as apart 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. EASEPI[T•1TS Easements for installation and maintenance of utilities and drainage facilities are resex•ved as shown on the recorded plat and over the reas• five feet of each lot. C-6. LOT AREA AND WIDTH No d~rell.ing shall be erected or placed. on any lot having a width of less than forty-five (!r5) feet at the minimum building setback line nor shal]. any dwelling be erected or placed on any lot having an area of less than 7000 square feet. C-7. NU.LSAPICES Nn noxious or offensive activity shall be carried on upon any lot, nor shall. anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-8. TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garage, bax•n or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. C-9. SIGNS No sign of any kind shall be displayed to the public view on any lot except one professional sign of oat more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a building to advertise the property during the construction and sales period. C-10. FROTECTIVE SCREFTJTNG Protective screening areas are established along the north side of the lots in Block Four (!~). Except as otherwise 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 otimer or owners of the lots at their ovm expense to form arr 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 in such area. No vehicular access over the areas shal]. be permitted except for the purpose of instal.].ation and maintenance or screening, util.iti.es and drainage facilities. C-1:1. SIGFIT DISTANCE AT INTF~RSECTIODIS 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 conrrecti.ng them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-li_ne limitations shall. apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. }Jo tree shall. be permitted to remain within such distances of such intersections unless the foliage line is maintai.rred at sufficient height to prevent obstruction of such sight lines, PART D. GENERAL PROVISIONS D-l. TERM These covenants are to run with the land and shall be binding on all pax•ties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, at which time sa.i.d 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 lot ownership, it is agreed to change said covenants in whole or in part, except that the covenant's may be amended at any time by vote of the owners of a ma~oriay of the propertyy based on front foot ownerhip. D-2. E}JFORCEMENI' Enforcemenk: shall be by proceedings at law or ixr equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 33; D-3. SEVERABII.ITY , 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 WHEREOF, the said GUARANTY LOAN AND REAL ESTATE COMPANY, a Corporation, WALLIN-DICKEY & RICH LUMBER COMPANY, a Corporation and CHARLES F. MANLY HAve caused this instrument to be signed by their presidents and attested by their secretaries, and their corporate seals to be aff ixed this the ]Ja day of October, 1953. GUARANTY LOAN AND REAI, ESTATE COMPANY BY /S/ JACK W. RICH Pres ant ATTEST: /S/ J. H. SPEARS Secr' e~ary WAII,IN-DICKEY & RICH LUf~1BER COMPANY BY /S/ B. G. DICKEY Vice-President-- ATTEST: /S/ JACK W. RICH Secretary CHARLES F. MANLY BY /S/ C. F. MANLX Thereupon, the matter was discussed, and motion was made by Alderman Bledsoe and seconded by Alderman Powers: That the Bill of Assurance be approved as presented. Upon vote, the Aldermen voted:. Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. The Planning Commission having recommended the area be zoned as "A" residential area, Attorney J. H. Spears requested date be set for hearing. After discussion, motion was made, passed, and adopted: That the City Clerk be authorized to have Notice of Hearing published in accordance with Ordinance No. 165, and date of hearing be set for 7:30 P.M. May 18, 1954. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. An ordinance entitled "An Ordinance Whereby The City of West Memphis Of The State Of Arkansas And The Southwestern Bell Telephone Company, A Missouri Corporation, Agree That The Telephone Company Shall Continue To Operate Its Telephone System And All Business Incidental To Or Connected With The Conducting Of A Telephone Business And System In Said City, And Erect And Maintain Its Plant Construction And Appurtenances Along, Across, Ott Over, Through, 15vee And Under All Public Streets, Avenues, Al~ys, Fublic Grounds And Places In Said City, That The City Shall Receive An Annual Payment From The Telephone Company, And Repealing All Ordinances And Agreements Iri Conflict Herewith!' had been read the first time on April 6, 1954, was presented for second reading, After discussion, motion was made by Alderman Bollinger and seconded by Alderman Manchester: That the second reading of the ordinance be approved. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. ~ ~ c~ ~_ c.~ ~ ~, Mayor Price presented a statement from Cooper Planting Company in the amount of X2,250.00 for levelling the spoil bank in Avondale Gardens. The Mayor was authorized to pay the statement in accordance to motion passed by the Council on December 15, 1953. The following purchase orders reconunended by the Light & Water Commission were presented: N. 0. Nelson 9$ 198.50 General Electric 11,752,53 Tennessee Valley 1,958.!40 Tennessee Valley 2,997.56 Westinghouse Elec+ric 14,588.00 Electric Meter 2,118,!48 Kuh:Onan Electric 1, 763.614 W. N. }Matthews 712.00 tlepttuie Meter 3,G93.00 Ptueller Co. 1,035.30 Mueller Co. 6149, 50 Rensselaer Valve 2,602.80 Crane 30, 259.!41 McWane 5,190.77 General Electric 12.,935.00 After discussion, motion was made by Alderman Finley and seconded by Aldexnnaxi Rowton: That the purchase orders x•ecommended by the Light & Water Commission be approved. Upon vote, the Aldex~rnen voted: A,]~: Bledsoe, Bollinger, Burrow, Finley, Foster, }•lanchester, Powers, and }towton. Nay: None. The proposals for treatment of termites in the City Hall Building were presented as follows: Orkin Termite Company 9560.00 X30.00 - Fer Year Bruce Terminix Company 9860.00 X314.00 - Per Year Superior Termite Control Co. 9~L400.00 9G25.00 - Per Year The proposals were compared and Superior Termite Control Company submitting the lowest proposal, the following motion was made by Alderman Bol"linger and seconded by Alderman Powers: That the proposal of Superior. Termite Control Company be accepted. Upon vot©, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Planchester, Powers, and Rowton. Nay: None. Mayor Price informed the Counci'1 that specifications for painting the interior of the City Hall had been prepared by Alderman A. R. r'lacichester and. City Building Inspec+.or Busby, and the following bids for the labor had been received: T. A. Vic}{ 968 50.00 J. B. "Duke" Harlow 96587. Go R. E. Blackford ~732.l40 After discussion, motion was made by Alderman Powers and seconded by Alderman Bledsoe; That the bid of J. B. "Duke" Harlow being the lowest bid received be accepted. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, 1<lanchester, Powers, and Rowton. Nay: None. Mayor. Price was authorized. to iaivesti~e the cost of acoustic the for the ceilings. 3 -- _ _ ---- ,~ _ _ ::. Approximately 25 citizens in the area South of Jackson Street appeared before the Council to protest the construction of houses for minority housing in Blocks 10 and 11 of George T. Kendal Addition, and presented the following petition: PETITION WE, THE UNDERSIGDIED, BEING RESIDEN'PS OF WEST P'tEMPHIS ARK., HEREBY PETITION THE CITY COUNCIL OF WEST MEMPHIS TO VOTE AGAINST THE PROPOSAL TO RE-ZONE BLOCK 10 AND THE WEST z OF BLOCK 11 ON SOUTH EIGHTH.STRFET FOR THE PURPOSE pF CONSTRUCTING A MINORITY HOUS- IDIG PROJECT. RESPECTFULLY SUBMITTF,p THIS 20 DAX OF APRIL, 1954. Signed: Lilly M, Carter Mrs. A. L. Brown A. T. Brown James W. Brown Frances Brown L. E. Roberts Mrs. L. E. Roberts A. A. McElhaney Lutie Nabers Lucille McElroy NIrs. Clyde Martin Clyde Martin W. C. Ellison P4arie Ellison Mrs. Billy Carter W. R, Porter Mary M. Austin ;5~, „ „. Mayor Price informed those present to date a subdivision plan had not been presented for minority housing in the area, however, that did not eliminate the possibility of single applications being filed with the building inspector, and the building applications would be presented to the Council for their recommendation. Thereupon, the Building Inspector presented the following permits: Carl Bettis C. Sample R. Kilgore J. Jefferson M. Buchbinder Wesley Enos Magnolia Petroleum Clement Homes -2 H. Spicer W. Livesay S. Brown Wm. L. Johnson Co. John B. Denson E. Labatts Wallin-Dickey & Rich Lumber Co. - 2 Mrs. Wm. Carter, W. H. Rains, Carl Ellison, J. B. Alsbrook and others stated their ob3ections to applications filed by Wm. L. Johnson Co. on Lots 3 and !~, Block 11 and John B. Denson on Lots 35 and 36, Block 10 of the Kendal Addition for minority housing. John B. Denson was present and requested approval of the applications. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Rowton that the building applications presented lie approved with the exception of applications of Wm. L. Johnson Co. and Denson Real Estate Co.; upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. Motion was made by Alderman Bollinger and seconded by Alderman Foster: That the Council recommend that the City Building Inspector be instructed not to issue building permits in this area until the matter would be further discussed with officials of Wm. L. Johnson Company and Denson Real Estate Company, and a Chairman be selected by the interested citizens present in order that five days notice could be given them through the Chairman before any action is taken on the applications by the Council. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. The group advised the Council W, H. Rains of 721 S, 9th Street would act as their Chairman. No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Finley to adjourn. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Barrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None. '" MAYOR - `~ ATTEST: C CLE APPROVED: MAY !G, 195lt