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June 1, 1954t.! PIIPJUTI3S OF A REGULAR PIEL~TIIdG OF TIC CITY COUPdCI.T, OF THE CITY OF 4TtsST 2~IPHIS, ARICAPISAS, HAD APdD HELD OId JUNE 1, 1951. __.._ __ __ __ _ ___ 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, nn the 1st day of June, 1951. The meeting was called to order by the P4a„vor, and upon .roll call there were: Present: H. B. Price presiding and the following Aldermen: James Bledsoe, 0. I. Bollinger, John Burro~r, Freeman Finley, A. R. Planchester, F, B. Powers, and C. H. Rorrton; City Attorney Atlee Harris and Ci{;y Cleric 47. R. Seaton. Absent: Alderman Curtis Foster. It being determined a quorwu rras present, the following proceedings were had to-wit: Plinutes of Counci]_ Piee ting on Play 18th were read and approved. Attorney John Mac Smith appearing in behalf of Mid-South Oil Com any presented a Resolution that would authorize the leasing by the City of thirty (30} feet of the northeast corner of Lot 3, Block 1, Eugene Woods Subdivision; said property being adjacent to property o•~ned by IIid-South Oil Company acrd the proposed site for a service station to be constructed by said company. Attorney Smith informed the Council City Attorney Atlee Barris had concurred with him in preparation of the Resolution. The Resolution was read and discussed, and the amount of consideration of~50.00 for the ten year period. of. the lease was not considered a sufficient aanowrt, thereupon, the sum of ~p250.00 was proposed as a more reasonable sum. Plotion was made by Aldex~nan Powers and seconded by Alderman Finley: That the Resolution be adopted as read with the amount of consideration being ti)250.cJ0. Upon vote, the Aldermen voted: Aye: Bledsoe, Finley, Ilanchester, Pourers, and Rowton. Pday: John Burrow. Alderman Bollinger abstained from voting. Thereupon, Ma~ror Frice declared the motion du]_y carried, and the Resolution adopted read as fol7_ows: R E S O L U T I O N 6~REAS, TFE3 PkID-SOUTII 01? COP4PAPIY, a corporation organized and existing by virtue of the laws of the State of Ohio, is the o•,~rner of the following described real estate lying and being situate in the County of Crittenden, State of Arkansas, to-wit: I.ot Two (2) in Block One (1), according to the lvnend.ed Flat of the Eugene Woods Subdivision to the City of West P4emphis, Arkansas, of record in Flat Book 1, page 185, of the records in the office of the Circuit Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas; subject to easements for highway purposes and utility purposes; and WHEREAS the City of 41est Plemphis, 1~ansas, is the owner of the following described real estate lying and being situate in the County of Crittenden, State of Arkansas, to-wit: Lot Three (3) in Block One (1), according to the llrnended Flat of the Eugene Woods Subdivision to the City of West Y4emph:i_s, Arkansas, of record in Flat Book 1, page 185, of the records in the office of the Circuit Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas; subject to easements for highway purposes and utility purposes; and 1JI-I?'sftEAS, TIIi PIID-SOUTH OIL COPLF'AIdY desires to erect a modern fi7_ling station upon the real estate r~rhich it o~ms, and tirhich is above described; and WIT-L+RI;.AS, TIC 2IIll-SOUTH OIL COI'IFANY has requested the CITY OF WEST Nu iFHIS, ARKA1dSAS, to lease to it a portion of Lot Three (3), Block One (1) aforesaid, which is particularly described as follotirs: Beginning at a point which is the Northeast Corner of. said Lot Three (3 ), Bloc?c One (1) aforesaid; thence West along the Aiorth bowidary line of said Lot a distance of Thirty (30} feet to a point; thence in a Southeasterly direction to a point on the Eastern botuxdar•y line of said Lot, which point is Thirty (30) feet South of the Northeast Corner of said Lot Three {3), Block One (1), aforesaid; thence North along the Eastern boundary line of said Lot; Thirty (30) feet to the point of beginning; ~~~iu~ and the lands 'vrhi eh THE I'iID-SOU'l'1I OIL COIIPAlv'.f proposes to lease from the CI'T'Y 0I' 6~'uS'P PIiPiFHZS to be used ~n conjunction vrith its filing station to be erected; and. l~Ii~~,Rt?,AS, the CIZi~ OI' Z•TLST IICI:F'HIS is not using the ].ands tirhich' Tls PIID-SOU'I'II OIL COAZFAPIY proposes to lease from it for arry govorrvrrent,al function, and it is not contemplated that tlxe CITY OF iTi;ST i'`T'iI,IIIS will have any use for said lands in the reasonably near future, acrd it mould be for the best interests o.f. the CITY OF ZdEST Iyi3IPHIS to accept the proposal. of 71~ IiID-SOUTH 0T_L COPS AIIY, and to enter into a formal. lease ori.th said Company as to said lands aforesaid; NOLJ, T1ir)FiT:FO~, B~~~ I'.P I7I;SOLVFID BY TIC CITY COUIICTL OF TIIf's CITY OF 1>IEST f'D~.r~1PHIS: That the II•tyor and City Clerlc are herebR,,* authorized and directed to entez• into a lease agreement i.n the name of the CITY OF WI'sST PP.~^LFHIS z-rich Tli~ P4II)-SOUTH OTL COMPAPIY as foll.orrs: 1. The lands to be covered by the lease a_re described as fo=L1_.o*rs: A portion of Lot Th:r•ee (3), }3l_ork One (1), according to the xirrrended Plat of the Eugene l^Toocls Subdivision to the City ofTest ilemph:is, A.r!:ansas, of record in Plat 13001; 1, page 187, records of Crittenden County, Arkansas, and more particularly described as follows: Aegi nni.ng at a point r.rhich is the Plox•theas t Corner o.f said T,ot Three (~), Blnck One (1), aforesaid; thence ldest along ttre Iiorth Bo~uul.ar,y line of said. I,ot a distance of !'hirty (30) feet to a. point; thence in a Southeasterly direction to a poirxt on the lilastern boundary lisre of said Lot, trhich point i_s Thin}- (30) feet Sortth of the Ilorth- east Corner of said. Lot Tloee (3), Bloc''c One (l.) aofresai_d; thence Tlox•tlr along the i~astern bowi~iary line of said Lot, Thirty (30) feet to the point of begisrni.ng; lying and being situate in the Cowrty of Crittenden, State of 1!,rlcansas. 2. The term of the ].ease shall be ten (lo) years, tiri.th an option on the past of TIIi? II1~-SOUTH OlI. COPIl'f1I1Y, its successors and assigns to extend the lease for arr additional tern (10) years, b;,~ giving si:; (Ci) months notice to the City prior. to the e:;cpiration of the lease of i.ts wi.slr f;0 e;:tend the terns of the lease. ?. The consi.~rati.on shall. be 'Itro Hundred Fifty and IIo~100 llol)_ars (.;~?50,00) for the term, and if the lease is extended for an addi_ti.onal t.en (l.0) i>Pax•s the consideration f'or srich e_ttend.ed texts shall. be for a li:lce sum. 4. The lease shall contain a provi.si.on thal: if the City shall have a valid governmental need for the real estate it shall have the right to cancel the base by giving ninety (90) days notice of such cancellation. In such event the Citz* shall not remit any port.nn of the considera- tion paid. 5. The lease shah. also cor-~tain a provisi..on that the City may enter upon said leasehold as any reasonable time f_or the propose of installitsl, maintaining and repairing its se~re.r system, and shall not be liable to the lessee for arry d.arr.ages s0 result.i.ng to :improvements ur,on the leasehold. There shal_7_ be a provision i.n the lease that the mass holes; rrhi ch are a past of the ^e?mx• system, and tah:ici? are presently l_ccated upon the lands to be leased shall remain at the present grade an~9 sl~rall. be reasonably prote^,t,eci. 7. T_hs lease agreement may contain any other provisions t~riv_ch the C:i_ty ntto~•nP,r s1rril_l T3F' I'i I~URTH':;~i i?ESOT,'i'_J: That tyre arts of the 1lasox• and City Clerl~ irr e:F'Pecti_ng the purpose oI' this I'esoluti_orx are hereby ratif~!-ed and. confirmed. !, ._. __ i~ l it it i ilr. and I~Jrs. L'harles L. Car•ls and several cii,i.zens, who had presented Pet_t-,ion i;o tyre Co~urcil_ cn I=1ay Via, 7951.,, acre preserrt•. iia,ti~or Fri.ce isrformed. fire group the Conuni_ttee of Aldermen Pourers, Faster, acid ]3oll.inger had investigated arid. rendered t;l,e!'01.l.orsing report on th.e Terxn,ison I3rotherts Tax• Vat: 35 T•Iay 1?_, 1954 Tlayor H. B. Frice, We P. B. Power and Curtis Foster wish to advise that we meet with Mr. Craig Tem~ison in reguar•ds to the complaint about the smoke and francs from h3.s tar dipping plant. The plant was operating and the ;.rind eras out of the North East. We walked around the grounds in the rear of Mrs. Cax•l~s home and could sme]]. a little odor from the plant. If the wiird should come direct- out of the Fast the odor would be rather bad in the rear of the Carps home. We talked to the party that 13.ves next door to the Carls home and she said that both she and her husband worked every day and had not noticed and smoke or oder. We thin}c if Mx•. Tennison could erect a wa"11 on the West end of the building arzd extend it on the North kC South side about. 10 feet, ii; would solve their problem. P9r. Tennison advised us tYrat he did not run the plant but one or two days a week and some weeks did not run any. This is swnmitted by us as a commi.tty which .you appointed. to give you and the corurcil a report. Yours very truly, /S/ P. B. PO}~iEFbi CURTIS FOSTER 0. I. BOLLINGEN. Mr. C. B. Nance, Jr. representing Tennison Brothers stated the Company was wil]:ing to perform the work as recommended by the Corrunittee of Aldermen. After discussion, Mayor Price suggested that it be determined if the recommendation would remedy the situation before further action is taken on the matter. PIr. T•I. W. Hightshoe, City Librarian, appeaa ed and informed the Courrci.l of the status of the library and the need to discard the dil3.pated books and obtain additional reading material DIr•. Hightshoe was granted authority to proceed with any plan of renovation that would be recommended by the State Library Consultant, and he was assured of the co-operation of the Council. Attorney J. H. Spears presented. Bill of Assurance, Flat, and Agreement for Kendal Fourth Addition that had been taken under consideration by the Council on Tday 17th. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Rowton: That the Bil]_ of Assurance for Kenda]_ Fourth Addition be approved as read. Upon vote, the Aldermen voted: Arye: Bledsoe, Bollinger, Finley, T4anchester. Powers, and Royrt•on. PTay: Bux•row. T4ayor Frice declared the motion duly cas•ri.ed, and the Bill of Assurance adopted reads as follows: BII~L OF ASSURANCE PART A. PREAI`1BLE KNOW ALL DIEN BY THESE PRESET}'L".3: That William L. Johnson Company, a Corporation, holds the title as to al]_ the fo].lor-ring described. lands situated in the County of Crittenden, State of Ar}:.ansas; to-wit: The Geo. T. Kendal. Fourth Addition to the City of West Ilemph3.s, Arkansas, being located in the South Hali' (S) of the Tlortheast quarter (T~s1) of Section Seventeen (17), Toirnship S iY (6) North, Range Dune (9) East. The title of the Granter herein is subject to the easement of the public in any and all ways on or across said land heretofore dedicated to publ:i.c use, drainage canals, electric povaer lines and other public uti]_itie s . ~~ `I'tle Grantor herein has caused said lands to be slu•veyed, subciivicled and laid. out intro lots and blocks, streets, drives, avenues axcd parlRaays. Said subdivision has been named and shal_1 henceforth be known and designated as Geo. T. Kendal Fourth Addition, West P1emphis, Arkansas. Said Addit•icn contai.rls four (1-a) blocla designated. One (1) to i~olu~ (i~) inclusi.ve, and the Grantor has e};ecuted a flat showing the locat•i.on of said. blocks and the nlmrbers and dimensi-ens of the lots in each of. the said b].ocl~s. The streets, drives, avenues and parkways, as shoti~nr on said plat,, are herein dedicated. to the public for its use and benefit. forever. Said P].at is recorded in Flat Book Two (2) Page Seventi*-Seven (77) of the records in the Office of the Clerk o.f the Circuit Court and Ex-Offici.c Recorder in arld for Crittenden County, Arkansas. PART B. AREA OF AFPLTGATION B-1. FULLY FROTECTED RI;SIDkiTI`CI~L AR.1+lA Ful7_y protected single-falni 7.y residential_ area covenants irl Fax•t C and D shall apply to al.l_ of Bloci;s One (1) to Four (1t), inclusive, PART C. Ri;STDh'Pd'PTAL AR}{Jl COV~2VAIdT5 C-1. LAND US~~ AND BiIII•D~ING 7.`YFS ll0 1_ot 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 anal one-half' stor9E~s in height and a private garage for not more than two cars. C-2. A1tCHI71;'CTUItAL COIITROL P1o building shall_ be erected, p]_aced, or altered en any lot. until. the constr•uct:i.orl plans and specificat:u>ns and a plan showing the location of the structure have been approved by the City Planning Commission of the City of 6•dest Plemphi.s, Arkansas, or by such other body or bodies cx•ea.ted b}- the City of West 11cml:hi.s which shall replace the City Flannirig Canunission or shall assume the fwlct.i.on of that• body as to qua.l.ity of wox•lcmanship and materials, hax•mony of external. design with existing structures, and as to location with respect to topography and finish grade elevation. No .fence or wall_ shal_1 be erected, placed or altered on any lot nearer to any street than the m:tni.mum buiJ_dixlg settiacl,- l.i.ne unless sSmilarl_y approved, C-3. I7G7ELLING COS`C, QUAL:C'CY. APID SIZE Ido dwelling shall. be permitted on any lot at a cost of Less than ~5,000.00 based upon cost levels prevailing on the date these covenants are recorded, it, being th.e intention and pw:~pose of the covenants to assure that all. dwellings shall be of a quali ty of worl:xnsrlship and materials substantiall,,r the same or bettex• than that which can be produced on the date these covenants are recorded at the mi_nirntun cost stai;ed herein for the minimwn perm:i.tted dwelling sip©. The ground floor area. of the main structure, exc7_usive of one-story open porches and garages, shall. be not less than o00 square feet for aone-story dwel.l.ing; nor less than %OC1 square feet for a d?-re:lli.ng of more than. one story. G-tG. BulLn1ZIG LocATION AIo building shall be boated. on any lot neas•cr 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, 19.ne. No dr•re17_i_nr shall. be located on an interior l.ot nearer than ttrenty-fi.ve (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps, open pox•ohes anal carports shall. not be cr_.nsidered. as a part of a bui.l_dirlg, provided however, that this shall not be construed to permit any portion of a building to encroach upon another lot. G-5. FASPP1h.P1'I'S Easements fox• instal.lati_an and manten~uxce of utilities and drainage faci.l.ities are reserved as shor:m on the recorded plat and over the rear five feet of each lot. C-6. LOT 11R.EA ANI) WIDl'El Plo drreling shall. be erected or placed on any lot having a. width of less than forty-five (~,5) feet at -the minimum building setbac}: line nor shall, any dwel_li.ng be erected or placed. on any :Lat. having an ax•ea of less than 5000 squax•e feet. c-7. NursArlclss No noxious or offensive activity shall be carx•i.ed on upon arty lot•, nor shall. anything be done thereon which ri<~g be or may become all annoyance or mxisan.ce to the neighborhood. C-~. TF;MFORARS' STRUL'T1.IRES Pdo sta~uctizr•e o:E' a tel„por<~.ry chax•acter, trailer. basement, ten. L-, shack, garage, barn or other outbuilding shall be used on any' lot at any tinge as a. residence either temporarily or pexmanentl.y. C_~, S1GIdS ~.' . No sign of. arty l.incl shall be displ.ayeci to t}xe public view on any lot e~:cept one professi..onal sign. of not more t}1<•ul one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a bu.lder to advertise the property during the construction and sales period.. c-lo. PROTECTnrE scREEPIIPIG Protective screening ax•eas are established along the north side of the lots in Block One (]_). 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 oimer or ot~mers of the lots at their own expense to form an effective screen for the protection of the residential area. No bui.]_ding or structux•e except a screen fence or wal]_ or utilities or drainage facilities shall be placed or permitted. to remain in such. area. Ito vehicu~• access over the areas sha]_1 be per•n:i.tted except for the purpose of instal].ati_on and maintenance of screening, utilities and drainage facilities. C-11. SIGHT llISTANCE AT 11dTERSECTIOr1S AIo fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the x•oadways shal]. 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 intersection of the stx•eet lines, or in the case of a rounded property corner from the intersection. of the street property lines extended. The same sight-line 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. No tree shall be pernnitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. PART D. GL'IJN;R.AL PROVISIONS D-l. TERM[ These covenants axe to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-.fi.ve years from the date these covenants ax•e 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 bases on front foot ownership, it is agx•eed 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 based on front foot ownership. D-2. ENFCRCEPYENT Enforcement of the covenants herein shall. be by proceedings at law or in equity to restx•ain a violation hereof or to recover damages against any person or persons violating or attempting to violate the provisions hereof. D-3. SEVERAB)=LI'I"~ Inva]_idation 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. II•I WITr1ESS WHERis'CF', the said W1ZLI~.t~1 L. JCFk15CP1 CCPIPAI•IY, a Corporation, has caused this instrimient to be signed by its president, attested by its secretary, and its corporate seal to be affixed this 'the 7th day of June, 19KLt. WLT LIAM L . JOIWSON COI3PANY, A Corporation B~: /s/ ABBOTT w1DD1coIIBE Abbott ~iddicombe, Presi.d.ent -' ATTEST: /S/ S'I'ELLA WfiITE Stella White, ecretary r~Tayor Price informed the Council the estimated cost of furnishing water to the subdivision according to figux•es of the Light & Water Department would be ~17,999.7~G and the cost of lights y~10, T7.93; totaling $~25, 767, 07. A bond of ~~29, 000 was considered an adequate amount. Attorney Spears informed the Council the Agreement had been amended to show Guaranty Loan and Real Estate Company of West P4emphis a party rather than Jacl~ 6d. Rich Construction Company of West Pfemphis. After discussion of the Agreement, motion was made by Alderman Finley and seconded by Alderman Powers: That the Mayor and City Clerk be and they are hereby authorized to execute Agreement between. the City anal Guaranty Loan and Real Estate Company. Upon vote, the Aldermen voted: Aye: Bledsoe, Bollinger, Finley, r4anchester, Powers, and Rowton. Play: Burrow. Mayor Price declared the motion duly carried, and the Agreement; to be copied as follows: ~~LJ~~ AGFtLlit li~TdT THIS AGRI3EMI,I11' entered into this lst d.ay of Jzrne, 1°51~, by and between the City of YJest P•lemphis, a I~Iuni.ci.pal Corporation existing under the laws of the State o:f Arkansas, hereinafter called City, and GuarantyT,oan and Real Estate Company of Y4est 1lemphi.s, Crittenden County, Arkansas. IJIT113~,: ;SETfi I~+IIIIsREAS, Guaranty Loan and iZeal Estate Company is the purchaser under contract of a tract of land situated tri hi.n the Corporate Limits of the City of G1est Memphis as shown on the attached plat desic;nated as Geo. T, I`-end.a]. Fourth Addition to the City o.f West, itemphis. consisting of one hundred thirteen (113) lots, as prepax•ed. by C. H. Bond., Civil Engineer, aazd. made a paa•t. of this Agreement as Iy~,l.tibit ~~A" heret'o' and. WIQ~1'tisAS, Guaranty Loan ar~d heal Estate Cot>Fany plans and proposes to constx•uct :Fifty (50) houses isi said. Add.iai.on at t}te present time, xxzd LJIiERF,AS, the attached plat sets forth the Geo. T. Kendal_ fourth Addition d the proposed pl_arz for the subdivision of said tract of ].and, which nr~posed plan of stzbdivis~on has been apl_a~oved by t•he City I'1.2xzrting Comnu.ssi.on and the City CoLUic:i.]_, and W1ir,P~EAS, the parties are desirous of ent,ering~ into this Agreement. to provi .e for the insta7.lation of utilities trithin the said subdivision and for the development, o~ th.e same; grid NOld, TIII:REFOf?F, for and in consideration of the nrenu.ses, it is mutually covenanted and agreed a.s fo_llows: I 1_. DEDICATION OF SZ~EETS, ALLI~$, UTIL,ITX EASLi^~1TS: Guaranty I.,oan and Rea]. Estate Company agrees to cledic~e to public use ~'oz•ever the streets, uti1.9_ty easement's, alleys, and City agrees to accept said dedi_cat,ior. aid. agrees to the perpetual. maintenance and upkeep of the same. 2, 3LGI. OP' ASSDi~I.AIdCE: Bill. of. Assw•az.ce is heretri.th submitted to the City Council 3. tf1'II,Ii'II:S: City to provide public water and e]..ectri_ca]_ ut1i_ties. City agrees that it trill install in and through the sai_cl subdivision, tai. thin the easements as shotm on th.e dedicated plat, maintain, atxd furnish the following uti.li_ties fur the purpose of serving each of the aforesaid ore hundred thirteen (1.1.3) lots wittti.n the said. subdivision: (a) EXTEI~IT -SERVE EACII B[JILT-UPC'l1 LOT: Install a11_ underground utility mains and 7_aterals bex:o.re i_nstal.lati.on of Blacktop en any stx•eet surfacing, (b1 t°IATE?~ S's:Sisi, - A cor:plet,e Crater .;ysten,. (c) FIitE }fY~RA}di'S: ,lilac°d not more than l,000 feet apart asxl serves} to:ith water mains not less t,ltan six inches (i~") in d.i-aaneter. (d) rT.F;C'f11TCITY: AL]_ electric ]_ines. (e) S'>'I?P;i?'P I,IGT1'i'11~1G: Suitable Street li,r;hting. In regard. to the water syst'em' the City as to each individual. 1_ot, ta.i_l.l. provide the meter at the lot litre and. trill deliver the Crater at the meter to the user. In regard to the electri.ci ty, the Cit~r tri1.1. provide the meter as to each. indi.v:i.d.ual lot, said meter to be installed by City on th.e house to be erected thereon, and will_ deliver electri_rity to such point to the user. In regard to the said. water and electric uti_l.ities, City will install same i_n such manner, so that said utilities wi1.1 fully aril adeyurrtely provi.cle such utilities to each and every of the one lrurxdred thirteen (11.3) lots, complete and ready for use. City i_s to charge th.e users of such serv_i.ces, its preva:i_ling rates artcl chaa•ges as provided by ordinances. City trill make said installations in accordance wi t;h the x•equ%r•ements oi' Arkansas State Lata arxd in such manner as to be acceptable to the Fedex•al Housing Administration x•equi_rements. City a.gr•ees that no lien or assessment will be applied agairxst the aforesaid. one hundred thirteen (11.3} lots as a result oI' the installation of tl,e required ut,ili.ties, (hotaever, this does not preclude the City frrnn charging; its usual rates aid sex^v:i_ce charge for utility service to users in accordance w-i.th or•cl.inances o1' the Cit•,~ of ldest Memphis and the statutes of the State of Arkansas. ) ~`j~~ li. Bond by Guaranty Loan And Real Estate Company to protect City on its costs of installing public water and electric utilities: The City+s px•eliminary estim~e of its costs of materials to install the water and. electric utilities, as set forth in Part 3 above, is: (a.) Fubli.c water system, including fire hydrants and meters ............... ~;=1.Lz,Lr99.74 (b) Electx•ic distribution system, includ- ing street lighting ancI rie tees .... 8, 767, q3 City is to _°urni.sh all labor for zra.ter a;x3. electric insta.llati.ons at an estimated cost of `! K,KOO.CC. In order to assux•e City that one hutu9red thirteen {17.3) houses will be built upon said lots within two (2) years from this date Guaranty Loan and Real Estate Company agrees to furnish a bond in the penal Burn of ~29,OOG.CO; being One Hundred Fer Cent (100;0 of City+s estimated cost of materials and labor, with a good and solvent surety company, as surety thereon, licensed and authorized to do business in Arkansas, or such other bond as may be agreed on. 5. Guaranty Loan and Real :Estate Company agrees that it i-ril]_ install through a competent and bonded contractor a public sanitary sewerage system in and throughout the said subdivis:i.on, all in accordance with the plans and specifications attached hereto and marked ExYribit "B" . Guaranty Loan and Real Estate Company to provide a sanitary sewerage system, including necessary se~~rer connections to present city system for one hundred thirteen (113) connections. The specifications are attached hereto and incorporated herein b~* reference, marked Exhibit "C". 6. STREETS, STOEU•i DRAT1dAGE, CURBS AtID GUT'i'L'RS: Guaranty Loan and Real. sstate Company agrees that it trill at its ot~m cost and e~;pense grade, construct and gravel said streets, and construct curbs and gutters according to plans and specifications attached hereto as E:chibii; "D". 7. OWNERSHIP iTLSTS Il`I L'ITY: notwithstanding the fact that Guaranty Loan And Real Estate Company has ded9_cated the land therefor, and will. have constructed same at its o.•rn expense, "owmership of all streets, street improvements and storm seiner shall vest absolutely in the Cit;~ as completed. Likewise, ownership of the public water system and of the electrical distribution utilities shal_1 be in the City. The ownership of the public sanitary sewerage system in and throughout the Subdivision shall be vested, as completed, in the Gity." The City shall have the right to inspect the construction of the sanitary sewer system as 'the worm: progresses and to designate such inspector or inspectors as City sees fit. Guar°anty Loan And Real Estate Company to furnish Bond to protect the City against defective material and workmanship, and which Bond shall cover said defects for a period of one (1) year after completion. 8. ASSAIJr'cAPICE TC F~.DE:tAL HOUSING ADI`4Il`ITSTN~ITIOPI: The execution of this contract by the parties, filing of bond and all required exhibits the City agrees to give Federal housing Administration necessary assurances in letter .form that all lots will- have electricity and water. The City further agrees that it will. give assurance to the Fli~l, when so requested, that se~~mr service will be available to said one hundred thirteen (11.3) lots and houses when completed. idI'1'AT/'SS the signatLU•es of the panties the day and year first above written, the signature of the City being by and through its duly qualified officials, pursuant to proper resolutions, ordinances and municipal powers, and the signature of Guaranty Load And Rea1_ r3state Co~narzy being by and through its duly authorized officers, pursuant to proper corporation resolutions and proper corporate powers. CITY OF T~'„ST II131~IPIIIS, ARriADISAS BY,_ S HOWELL B. PRICE ~_ Player .ATTEST: ~S~ W. R. SEATOAI CityGeri: GUARI~SITY LOAN AND REAL ESTATE COMPANY BY ~S JACh W, RICH __ President AT'TES T c~ ~ ~~ ~~ ~.a The r.ecor'IInendation of the Planning Commi.ssiou to accept 'the plat of.' hendal_ fourth A~9.d:i_tion and the dimensions of t}re stz~eets nrre cli_scuased, thereupon, motion was made by Alderman P~Ianchester and seconded. bar I!ldex~nan Row~.on: That the r!ayor arld City Clerls be arxd they are hereby a~.rthorized to approve the F'l.at, o{' Kendal Fourth Addi{;ion as prepared by C. H. Bond, J.r. on Alay 3, J.9~i1, ltpon vote, the Aldermen voted: A,ye: Bledsoe. Bo11.7srf*,er, F'inle,y, Iianclxester, Pourers, ~uxd Ro?clan. May: B?u,rorr. fiayor Fr:ice declared the rr<ot;ian duJ.j* carc•iecl. TTayar Price in_f.ormecl the Caunci.l s.nre no one ha.d appeared at the heai•irxg on NIay 1£i, 195-r, to object to tlxe zoni-ng of Gibson Addition, an ordinance had been prepared to zone the area. The ordinance ?,ras introduced in writing and read in .ful1_ by Alderrnarr Bol1.i.nger. Alderman Bledsoe moved that the ru1.e requiring said or•disrance to be read in full on three different days be suspended, and that sa:i.d ordinance be placed on its second reading; motion was secanclod by Aldermrux Rowtorx, and thered•ter the ilayor put the question on the adoption of sai.cl motion, and the roll being; called, t;he follo.ring voted: Aye: Bledsoe, Bolli~xger, Burros. Finlay, iTarrc{rester, rowers, and Ror,rton. Nav• ldone. Ldhereulion the PTa~ror dec:lare:l the moti..on duly passed and said ordinance placed on its secant{ readi_rrg. '1'he ordinance was then react the second time b:r A1cln:rrnan Brrrrotir. A.ldex~nan Po?rex•s then moved that said ordinance be no?r placed upon its f.5na1 adoption; motion was secended by Alderman i~IanchesL-er, and after due consider•a+,iarx thereof Li,~ said Council-, the NTayor pui; tare question on the adoption of the motion, acrd upon the roJ_1 being called, the folla?rinl; voted: !'tiye: Bledsoe, BoJ.lin;zer, Bttrro?r, Fi.nl.ey, ITa~icl~rF~•ster, Folders, and Rowton. May: I1one . 6~1~lereupon the ITayor declared the. moti on duJ_y carried. and said ordinance planed. upon its final- reading acrd adoption. Said ordinance was read in full by Alderman Finley wIxo moved its adoption. seconded trr Alderman Bollinger, and. aSte.r due consideration thereof by said Council, the Mayor put the question upon the adoption of sa.i.cl oration, and upon passage o`.' sai.~l crd.inance, and the roll being; called, the Po1_lo?-ring; voted: A,ye: Bledsoe, Bollinger, Brarrow, Finley, 1'Tarrchester•, Towers. and Powton. Play: hone. , Whereupan the T?ayor called to the Councils attention that the ordinance adopted contained an emergency clause and suggested that specii'ic action should be tal•;en by the CoxurciJ_ on this c1a~.?se. l~rereupon motion rras oracle by 111dexn~?an Bledsoe and duly seconded by Alderman R.o?clan that the emergency cl.au.se of said ordinance be adopted., and the roll being called, the faJ_lorri.n~; voted: A,ye: Bledsoe, Bollinger, F3urro?~r, T'inley. P~Ianchester, ),ocrex~•s, and Ro-rton. Iday: None . t•Ilxercupon t}re tiayar• declarer.}. said motion duly ac}apt.ed and said ordirrarrce duly passed., and si.grred his approvaJ_ to said ord-~_*.xance acrd the C~~_t~,~ i%lerl: uas directed to sprea~_l the same upon the record of.' Ordinances oz' the City o:f hest. rierlpll:is, Ar?:ansa^,, and to have same putl.i.shed as renuir~ed by J_atr. and to mtrnber said ox•dinanre Plo. C7u. r ~i ,~ j~ '~ Said ordinance to which no amerndmerxt was offered read. as fo]_J.orrs: 3f-3 ORD1T}ATdCE NO, 276 APi OItDZ1iANCE TO ZOb1E LOTS OTdE (1) AND TtdO (2), BLOCK SEVEN (7): LOTS ONE- TI.IETITY-T'~10 (1-22) INCLUSIVE, BLOCS FOUR (!: ); LOTS ONE -THIRTY-FOUR (1-34 ) 7NCLUSIVJ~', ffi.~OCK FIVE (5) : LOTS ONF - THIRi`EEPT (1-13) INCLUSIVE, BLOCK SIB: (6), GIBSOTd ADDITIOTd TC THE CI`T'Y OF WEST T'-'sPTFHZS, AR?CAP~}SAS WHFS'RE7AS, Notice was duly published of a hearing before the Planning Commission of the City of West Memphis to be had acid held on the 8th day of .April, 1954, for the purpose of zoning the lands Hereinafter described, and WILs'RFsAS, on the 8th day of April, 1y54, pursuant to said Tdotice, the Planning Conunission met for the pux•pose of determining in what classification the lands hereinafter described should be zoned, aril after hearing the oornex•s of said lands; all other interested persons, and from all information, and all other things before the Planning Commission, it was the finding of the Planning Commission that said lands should be zoned as an "A" Single Family Residence District, and WIiBREAS, Tdotice was duly published on the 2I_st day of April, 1951, that a hearing would be held before the City Council at 7:30 P. M, on Tuesday, May 18, 1954, for the purpose of hearing all interested parties in connection with the zoning of said lands hereinafter described, and WHERF,AS, at said meeting the owners of said lands appeared and requested that said lands be zoned as an "A" Sing_l_e Famil}* Residence District, and WfFiRI~LS, no persons appeared to protest against zoning said lands as an "A" Single Family Residence District, and After hearing the owners and other interested persons, the Council finds that said lands should be zoned as an "A" Single Family Residence District, now, therefore BE TT ORDAITTi~,D BY THE CITY COTRICIL OF TFLr CITY OF WLST I~TETIFHIS; SECTION I. "A" SINGLE FAT~IILY 1?ESIDEIdCE DISTP~ICT: That the following lands, to-brit: Lots One (1) and Taro (2 ), Block Seven (7); Lots One - Twenty-Two (1-22) inclusive, Block Four Q~); Lots One - Thirty-Four (1-3lI) inclusive, Block Five (5); Lots One - Thirteen (1-13) inclusive. Block Si,. (6) of the Gibson Addition to the City of West T4emphis, Arkansas, as reflected by plat of record in Flat Book 2 at page 74 in the Office of the Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Ar};ansas. be, and the sane are, hereby zoned as an "A° Single Family Residence District. SECTION II. URDINATdCES IPI COTdi~ZICT 1IE17.EWI'C}i REFEALi'sD: All Ordinances or parts of Ordinances irr~conflict herewith acre hereln;J repealed. SECTIOTI III. EP~F2GFTdCY CLAUSE: It being determined by the City Council that the above lands ax•e, on this date, not zoned, and it further appearing to the Council that said lands are in the process of being developed, and having valuab7_e improvements erected thereon, and it being further necessary that said lands be zoned before being further developed, and this Ordinance being necessary for the immediate preservation of the public peace, health, safety and happiness of the people of the City of West Memphis, an emergency is hereby declared to exist and this Ordinance Yri.11 take effect and bein full force immediately upon its passage and approval. It was brought to the Councils attention that the following payments were due to Union Planters Tdati.onal Bank & Trust Company of T~Iemphis, Tennessee, fox• principal and interest on bonds issued by the City and authorized by ordinances: Sewer Revenue Fund of ly4y ~;2,4C8.20 Sewer Revenue Refunding of 19l~5 8,421.90 Sewer Revenue Refund & Improvement of 1y45 3,424.80 S Mill Advalorurn Fund -West T4emphis, Arkansas, Refunding ancT Improvement fonds of I_yl~8 1, 612.00 After discussion, motion was made by Alderman Tlanchester and seconded by Alderman Fit3e}r T}rat the payments due as listed be made. Upon vote, the Aldexnnen voted; Aye: Bledsoe, Bollinger, Burrow, Finley, T~Ianchester, Powers, and Rowton. Tday: None . In accordance with Tlot;ice published in the Crittenden County Times advising the adoption of Crdi.n~u~ce No, 275, an ordinance entitled "An Ordinance Providing For The Issuance Of A Series Of Public Utility Bonds For The Improvement rind Enlargement Of The NIunicipall.y Otmed bdaterworl~s And Setrer Systems PIo~•r Serving The City Of West Plemphis, Ar1~:ansas; Setting Up Certain 'r'ends For Their Payment; .And Declarixlg An Emergency", and that any person could appear before the Council on this date to present objections and suggestions, T~Iayor Trice announced the meeting eras now open to hear any objections and suggestions. City Attorney Atlee Harris read the Notice as contained in Section 23 of Ordinance No. 275. No one appeared or made Imo~m any objections or suggestions to the Council, The Building Inspector presented the following building permits he had authorized to be issued, motion was made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of the following permits: I°Iorris Campbell E, Lee Hale J. Denson Josh Pletcher Leighs Esso Servicecenter Laurie-Steuart Warehouse Co. Robert Coursey Yancy Sims A report on the meeting of the Fire Station Building Committee tirith the architect was made by Chief Anderson. The folloUring comp]_aints ~•rere recei ved and action ta ken as follows: The City Dwnp being infested frith rats - referred to City Engineer Jim Hotrell Plunioing facilities at the Avon Theatre -referred to Pl utnbi_ng ~nspector~ Busb~> Schedu]_es of. the ti~lest Memphis Transportation Company - referred to City Attorney A tlee Harris Tlotion was made by Alderman I''Ianchester and seconded by Aldez,nan Finle~r to approve, authorize, ratify, and or confirm payment of the fo llotring bill-s: GEi~1ERAI, Fi7I~TD Oklahoma A E~ M College Book Store 4121.85 S, C, 1'001 :;'~1t58.00 F. Reese 150.00 C. Upton & Co. 5.00 B. Whitten 137.50 Y,'allin-Dickey & Rich 2.15 L', Duncan 137.50 Llard Publishing 1.32 T. Nichols 137.50 W, M. Iiachine 23.50 J. DelZome 137.50 W, TI. Toggery I 30._40 C, T4cPIei1 137.50 W, Ti, Veterinary 11.25 V. Romines 137.50 Wr ay Williams 11.80 R, Riddick 125.00 Rays Electric 112.51 J. 'vJright 125.00 Dix•ector Internal Rev. 717.50 J. Fox 125.00 p,?, Howell 1111.08 R, Simmons 125.00 J. fielley 1c2.50 J. He~rell 275.00 G, Ferguson 108.311 B. Ellison 170.00 P, Rogers 165.;0 A, Johnson 85.67 C, Tabor 118.10 B. Busby 162.50 C. Gaz•rett 7!-x.75 E. Anderson 175.OD R, Guy 87.13 0. Hatton 150,04 ?d. P4iller 86. c7 ?•?. Darb,J 130.00 T7, Scales 76.87 S, Smith 155.75 C, Hopper 86.67 D. Daklce 86,67 J, Harris 92.25 J, Hillencamp 150.00 J. Dabner 86.12 S. Smith 150.00 Johnson 86,12 Anderson~s Auto Repair 6.00 J. IicCullar 79.90 Barnett Auto Supply 16.83 T. I>ios].ey 97.83 Ii, Brotrn 3.50 W. Harris 90.53 Bragg Auto 13.86 i~, Coles 90.53 City Floz•rer Shop 10.20 C. Plosely 90.53 Crittenden County Times 65.60 :;, Dansberry 90.53 Delta Ice 20.110 ;?, Alexander 86.70 Eden Pontiac Co. 1.711 G. Hopkins 95.33 Esso Standard Oil !116.27 E, Lee 87.13 Farmers Supply Co. 21.13 G1, Pope 87.].3 Graves-PlcCaa Tire Co, 63.i~1 E. Hale 87.1.3 Goe Electric 2.211 E, Staten 87.13 Atlee Harris 11.211 Co oper Planting 2,250.00 Hydrotex Industries 219.75 J, Haa•]_otr 200.00 H. Johnson 6.75 T;, Ifowell 120.28 Johnson Auto Co. 12.78 J. Kelley 162.50 Klinke riotor Co. 9!1.50 G, I'ergusoaz 108. ~!; J. Lewis 137.30 I'. Rogers 1::,7.20 Lions Club of ti•Jest I°iemphis 21.00 C. Tabor 120.25 McCaa Chevrolet 19.13 C, Garrett 71;.'T5 iiid-South Okygen 1.86 ?, Gu„J 87,13 Motorola Comrn. 11.11 id, Miller 76.8 Ozburn-jlbston 18.32 T', 5ca1-e~ , , 76.86 Peoples T~Iercantile 2.60 C. Hcppe~~ 86, 67 Russell Tractor 8.914 J. Harz•is 92.25 Saunders Lat-,mmotrer 111.1,c J. Dabner 87.1.3 LSuperior Termite 1100.00 F, Johnson 87.13 Tayloe Paper Co. 911.17 J. _cCullar 87.13 G31.~P.~F,AI~ FUT1D COT;'T. SliI•Jt3R RLV.PIlT3 I~'UI1D T. Tioseley Z°T, Ilarris ?_. Ccles C. P`IoselY ~. Dansberry .. Alec~lrlcler~ G. Hopl-,iris Lee ,,1, Pope ,. Hale ~~. Staten R?ational Inst. L~avr Off. A, Iiaxz• .s J. Itarlclr I-I. Price FI. I'ri.ce iJ. Beaton I'. Caen C . I'iowtor. J. Pledsce "GC, Foster 0, Bollinger J. Burroir I', P'iixley F', I'ozrers ... Planchester A. llarr:i s r. t-~ra:~th ~. `ubens~ J. Hillencar•p ). Bakke H. Hollar_d H. Hol]_and Bu.d Holland x~ . 3;,eese E. L:'hi_i:ten C. Duncan T, 12ichols J. DeRome C, TlcTdei.l V. Rorrines R, Riddicl< J. UJright J. Fox P~, Simmons H, Broim ~,, Anderson 0. Hatton w, Darby C, Gri.f.fin G~Peal Cax•penter ?J, _, fire Dept. Pi. FTightshoe B, Busby Y'li s. 0. Biaffai J. Howell A, Johnson T, Stac~r Business Jien~s Assurance B. Busb~r I. TTanna H. GJhi.te ;',37,13 Bolrers and tidood 90.5? Chicago Pump 90.53 Choctalr, Inc. 90.53 ti'Jril. B, Cosby 90.5? De]_ta Ice 47.00 I'ax•mers Supply 87.13 Gas•r:ison Ready_Alix 83.3 3ng Chemical 87.13 i'iarming I.br. 87.1 Ilempilis Rubber 87.13 Ozbw•n-Abston 10.00 S:rall.in, Dickey andrtich 5. ~ y W, lT, Alachine 250.Oi; Rays ?.'lectric 81.11; GJ. Perrine 400.00 Director Internal Ftev. 25.00 H. Falrrer 25.00 J. Horton 50.00 C, Gibson 50.00 H. Lee 50. o~~~~ C. ~ ~,mF•~ 50.00 ti. CY•atrfox•d 50.01.' If. Palmer 50.00 J. Horton 50.00 C. Gibson 50.00 H, I~ee 150.00 C, l~ayner 150.24 Ti. Crawford 20i?.00 Business Ilen~s Assiu~ance 1.8 .90 yd, F'erri.ne 86. e7 :)ewer Revenue Bond x'und 375.00 50.00 :>'i:~~sT LcII'IiOVi^;~NT FUPID 510.30 150.00 Ball Trucl;i.nl; 137.50 Cboctaia. Inc. 73.38 Dacus Lbr, 1_"i7.5C' Bob Duncan 13'1.50 Tlanning Lbr. 137.50 I'Iemphis Tiachine works 13"1.50 tdal].in, Dickey and Lich 125.00 D~ector Internal Rev. 125.00 E. Arnold 1'~5. oo c. Boyd 125.00 l^J, Brotim 25.00 S. Gibson 175.00 6T. Ha~,res 150, t)~ ~,. Hl1dS011 130.0(:• IJ. Hill 25. ~i0 B, Posley 25.00 L°J. Thomas 705.00 ?. Smith 35.00 PI, Williams 102.50 ~~, Hudson 45.ao ~J, bill 275.00 B, Poseley 86.67 UJ. Thomas 30.00 R. Smith 55.35 TF. GJilliams 5.00 E. Arnold 5.00 C. BOyd 5.00 W, Brohm S, Gibson Ii, Flayes $?68.34 29~ ~. 89 871.21.; 55. to lo.eo 7. ~~5 75. C2 208.12 30.72 9.45 1.33 103.60 7.00 133.47 125.00 9.60 95,00 81.32 71.25 81.32 78.38 78.38 90.00 71.13 78.38 3'~ . 38 79.1= 79.13 l.il 125.00 1000.00 X600.00 85.30 ,i2 ,Lj 31.73 232.50 32.85 13.10 88.83 49.12 05.75 88.83 78.38 9LG . C5 78.3f; 78.38 72.80 71.25 78.38 102.60 78,2 78.25 84.00 7a.25 7a.25 89.25 71.05 89,63 89.25 78.75 PIItI3PIEDT ~S P13JSTCnd & R.1;LIIII' FUT1D T, McGough w. T.ixrphy X50.00 175.00 Upon vote, the Aldex~rnen voted; Aye: Bledsoe, Bollinger, Buxrow, Pin].ey, T`ianchester, Pot-rers, and Rotrton. Play: Alone. PIo further business appeasing before the Council, motion taas made by Alderman Bledsoe and seconded. b~,T Alderman f inlet' to adiourn; upon vote, tre Aldermen voted: Aye: Bledsoe, Bollinger, Burrohr, Tinley, ldanchester, Pourers, and i2o:rton. ITay: Dlone. ~~ ` • ATTEST:--E~~~ - CITY CLPRIC AFPROVI;D: ,iFTLY 6, 1954