December 21, 1954`~ ~~ ~~
D?111i1'1'ES OF A REGUL(lli PIEETII`IG OF TIIL CITY COUAIC:LL OF THE CITY OF TrT13ST PTliIIFIIIS, It.'?1~;11PdSAS,
HAD AND I~LD CT1 DECi~II3LR 21, 1°5L?.
The Council of the City of i^Jest i?emphis met in a regular session at the City Iia.l1. i.n
said City at 7:30 F.PI. on the 21st day of December; )gSIL.
The meeting was called to order by Iiayor IT. B. Price, and upon roll. call there were:
Present: 0, I. Bo1.l.ingcr, John Burrow, Freeman Finley, Ctuti.s Foster, A, R. Tanchester,
attd C. il. Rnwt;nn; City Attorney Atl~e Fiaa°ris.
Absent: Aldermen James Bledsoe and F. B, Fcrrers, and City C1_erl: W, R. Seaton.
It being cletermi.necl a quar•tvn t-ras present, the following proceedings were had to-wit:
Ilinutes of Counc3.1 Tieetillgs nn Docemher• 7th and 9th t~rere read and approved.
The Plat and Bill of Asstuance for dvondale Gardens First Addition mere presented by
Attorney C. B. ITaxrce, Jr. hayor Fri.ce infox7rea the Cottrlcil. the Planning Cemnu_ssion at a
meeting on December 15, 1951L, had recommended the approval_ of the Flat and Bill o£ A>sttx'ance.
After cli_scussion, motion teas made by Alder•rnan I'ittley and seconded by Alderman Foster: That
the Flat of Avondale Gardens lst Addition to the City of blest Memphis be approved. Upon vote,
the Aldermen voted:
Aye; Bollingex•, Btxrrozr, Finley, Foster, I?anchester, and Rorrton.
Nay: Prone.
City Attorney Atlee ILes•ris informed file Cotuzcil_ oe Iris recommendation for approval of
t;he Bill of Assurance. Thereupon, motion was made by izl.derman Manchester aril seconded by
Alderman Burrow: That the Bill. of Assurance for Avondale Gardens First Addition be approved.
i?p on vote. the Aldermen voted:
Aye: Bollinger, Btu row, F:ixlley, Foster, Manchester, and Rotrtorr.
Ilay: Dione.
BILL OF ASSUIZAIIC)a
i'T10"sd AI,I IT1N BY TI~SI~i PRI;SI~iTS:
That Jackson Li:Fe Insurance Company is the ormer of al.l_ of the foll.orring c.icscribed
l.and.s situated. in Crittenden Counter, Ar'cans~+.s, torrit:
The South Half (S's} of the Sathwest Quarter
(S''I~) of Section One (1.), Township Si--: (6)
North, Range Light (0) Past.
The grvltor, Jacl,•sozt I~id'e Insurance Company, has caused said lands to be surveyed and
subdivided to lots, blocks, streets and alleys. Saul Subdivision has been named anal shall.
henceforth be ]mozm and. designated. as Avondale Gardens Subdi.v:i.siart, First Adcl:i.bi_on,
~rdest T?emphis, Arkansas.
Said Subdivision contains si: (6) hl_ocla, 1_-6 inclusive, acrd grantor has erectrteci a
p1_at shoeing the Locations of said blocks and the nullber anel dimensions of the lots in
said blocks, also the locations, widtYls and names of the streets and alloy*s; all. stl°ects
and alleys o:C' said Subdivision are hereby dedicated. to the public f. or its use and benefit
forever.
Sa=id 1,l.at i.s recorded in Flat Book at page ~.n the office of
the Circu.l t Court Cleri and E„-Offi.c:io Recor~Tc er in and for Crittenden County, ~1z•' ~nsas.
As a. pr3r•t of this Bi11. of Assurance, certain sa'eguards atr~ restr9_ctions hEre-ina.fter
referx•ed to as "Subdi.visi_on itestrictions" axe hereby placed on the lots o£ sari plat.
SUDDIVISIGIi RESTRICTIOA?S
The purpos^ oP these restrictions is to provide unifor.•m px•otection for all property
own~~r•s :uz thi.^> snb~l:iv_is i_on by the establi.;hment of mininuun sf r'n lards o:f larrct use, httil.ding
S ~_ZeS, Set-1?aCl' rec7U.7_renl+'.ntS arid. tit" I'rnh7.'O:it~lbri Of C.°7:'ta'In Un~.es~.T'al)le uses and pract:LCeS
for the ell{;11`8 ;;U ~)cli Vi.Si On.
I. LAiiD irSl's
All.. lots as S11047T1 OIr :,a1d plat, 1.r1 ~~-OCl'> 1, ~, :}, ZL, 7 an'_I ~? ax'e IlOrer',z,,' `.'nC:!_f~'.*?atE',~l
r.„ as class "A~',
~~ a single family re ^i.lc~ntl~1 _list;7'i.ct and cla^~, ~:~;'
II. GrI?ERA?~ T'IZOVISIOI?S APP?VIII?G TC ~T,L C`i
(a) Pdothing shall be al7.rna~ble on prr~rcises in any ,one established which rroulcl in
any way be offensive or obnorr;.o,as by reason of rcl.or ~{.~s_gn, a^ tl,e °nrs;ion of odors, li.0uid.s,
gases, dust, smoko, vibra.ti.on or noise. Dior slla.ll axlythizl~ be placed, constructed or mai.nta~ined
that would irl any way constitute a~n e;~esore or' nuisan.cc to r?d_jacent property ot~mers. residents,
or to the comm,vli.tzr.
4Fi'
.
_ _
,~ _ _ _
(b) All buildings hereafter constructed shall be of an architectural. style and
color which will. harmonize with the premises and.tJith other buildings on both sides of the
same block, and before axty person or persons shal7_ erect any structure, they shal_1 first
stthm.+, the type of structux•e to be erected and that said plans shall. be of arx architectural
style and color which trill. harmonize with other btt9_ldings on both sides of the same block,
to Jackson Life Insurance Company for its approval or cri_sapprova]_. Should Jac}:son Life
Insurance Company Fail to act on sair:~ plans within 7_r days, then a corua.ttee of tlu•ee members
is to be elected by a ma;,iority of the property ot~rners in said b1_oc'c to approve or disappr. eve
sa9_d plans.
(c) 1Tn buiLling sha7.1 be erected or moved. on to any lot of this subdivision trhich
does not confoa7n to tyre fol_lotring restrictions o£ use, area, setbaclrs ant other restrictions
herein set forth.
(d) 2To structuues of a tereporary character; trailer, basement, tent, shad:, garage,
barn or othr:r nut-building shall.. be user! on any I_ot as any time as a residence either temporarily*
or perri.:~.rtent7.y.
(e) iTo lots in zone "11" as shotm on said plat shall b~. resubd9_videri into buil.clirxg
plots, but a portion of a lot adjc_i_ning a. lot maV be used in connection theretrith anal the total
considered as a sin~l__e building plot. The building 1i_ne axtd side line setba.c'cs shall be determined
with reference to such increased. p7_ot.
TII. ~J;~1+ II' ITTCTTS OF ~ 0ii-'~ CLF~SSIFICICITS
(1) "A" -• Single family residential zone:
(a) Leery use as a one fc~rtily residence in a sin[1e bui_7~iing, including every
cttstoma.ry use. riot inconsistent therewi_tlx.
(b) Prohibited uses: 13ee. hives or 'the breading or raising of any insects, repti7_es
ar animals ~uzd fouls other titan custorn<nry house pets. The use of said residenres for the
practice of any professi.en or the use as a business or commercial use of any lci.nd is prohibited.
IV. S~;Tl?GC?~ LIi1TTATICi?S:
Setback restrictions shall apply to all structures constructed and erected as follotrs:
Front y~•,.x•d -- ?5 feet from property line
.ear yard -- 2r feet freer ps~opr_>.rty line
Side yax•d -- ~ feet from property line
Corr~.cx• lots --25 feet From both streets
Rocf overhands, sups, stoops, and a.rchitectura.l projections are excepted.
V. IT3IG1?T[' LII:T'L'ATTCi?S:
i?o inti_ldittg in tlxis stiodivis ion shall. bo grc;ater than tiro stories in height nor higher
from the average grade thaai ?5 feet, to any portion o:C the building except chimneys and archi.tecttu•al
projections.
"r:U%DLIT [da4T~S -- Garden t~ralls, not eticeccling 7 feet in height, may be constructed trithin
the property in that area to the rear o£ the mini.mtun setback .line, defined herein as establ.i_shing
min:l.rnus depth for the Front yard.. Gax•~len tral7.s, not e~:ceeding 3~ feet in height, miry be constructed
tri:thin the front yard, as defined herein.
VI. ~"ztiLA LI<TITATIOI?S:
T.Io bu-i7_ding shall be constructed in the various use zones t,rhich shall be smaller in
area than as listed below. Ax•ea. o£ bui_7_cli~~g shall be computed. tai thin outside perimeter of all
e;;terio.r walls and supports Larder roof, incl.ucii_ng carports, gax•ages, porches, etc.
131oc1..s 1, 3, Lt, K and 6, ?50 sq. ft.
Tiloclc ?, lots T1o. 7. thru lei, and Lots No. 2!1 tilru 1t3, i3Sp sq. ft.
'31oc1: 2; Lots T;c, h thru 2~, 1000 sq. £t.
VII. EAS:g1iltdTS I'Ot PUBLIC iPI']Z,ITIi'sS:
Perpetual easements as shotrn on tits plat for the use of utiL~.ti.es shall be maintained
and become a restriction on each iruli_vidual lot where they occtu•.
VIlI.G~i.'311Gli A1Tll Ti,~1TJli ??IS 1':,~JAL:
1To lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or
other t-rasto shall not be ei~pt e:ccept irr sanitary containers. _^.17. incinerators or other equipment
for the storage or disposal_ of such materi.a7. shall be Dept in a. clean and sanitary condition.
~(
J;~. SIGHT DISTAIiCli A'P ]I?T!~ttS::C'1'IOf?:
?o fence, wall., he~lgo or shrub planting wh-Lcli obstructs sight, .Lines at elovati_ons
bet?anon 2 and 6 feet above the r~~dtirays shall. be pllced or permitted tv remal_n on any corner
J_ot trithin the t,r•iatrgu7.as area foamed by the street l~rol,~rty 1=.nes and a line connecting them
at points ?_~ feet from the intersection of the street 7 roes, or in the case of ri roa_tnded
property corner from the zxrtersection of the street property l;rres e.aen!'1ect. The ,.^,ar~~c sight-
line liinii.ati.vns shall apply on any J_ot within J..O feet from the intersechi.on of a street prope.r.t;yr
line with the edge of a drive-iaay or alley pavm~nccnt. lie trees sha~l_1 be permitted to remain
t~rithin such distarrcc of such :i_n terser Lions unless {,he f oliag:. 2sno~ ._a ma ant a ine~? ai, suFfi c_~ ant
heiE~}rt to prevcat obstructions of such ;,ight]_ine.
... T~k21 i
Those cnvena.nts are to run faith tlr~ land and shall. be bind~.n~ 0n a~11 parties and al_l
persons cl.airring under them for a period of 25 years from the date these coven~mts are
recorded, after r~rhi.ch ~tiine~ sac. covenci.nts shal_7_ be aarterrati.cai.iy e:_tended for successive
periods of 7.0 yr;ars unless an instrument signed by a r~jority o.f. the then otirrrers of the lots has
been recorded, agreeing to channge said covenants in lrhole ai:• in part.
'nforccr~•~nt sha.l.l_ be by proceedings o:t lair or iTr equit~~ against any person oi° persons
violat9ng or.• <a.ttempting to viol.a.te any covenants eitircr to restrain violation or to recover damages,
and failure or neglect to enforce any* provision hereof shall. not constitute c-; z-ra9ser or operate as
r_cn estoppel.
:II. SL~Rf:B1I.T`iY:
Invalidation of any vm: of these covena.:rls bw judgment or court vrdex• shal7_ in no
tr'(.se affect ru7y v.f the oi;her iirovisions rrli:i.ch shall. remain ire ful_1 force and c;~fr'.ect.
IYd WIT1IiSS f~Jlil':l~sc:;1', t1_ic said Jac}rson Lif~a Insurance Company, a corpc+.•ation, has caused
this instx•rmrent to be signed lr,~ its vice president arse? its a.ssi.stant secret2t'y~, and i1:.s
corpnratG seal to be affi:.eci on this 20th day of December, 1°51~.
JIiCI':"O3i LIE'L Ti1SUR.ril`1Cli COI1Pt~11'i'
R;'~ Charles 6•J. Blaylock, Jr.
~T9.ce I'res~.c~ent
Attorney C. B. Nance; Jr. requested that a hearing be set for the zoning of
Avondale Gardens P'ii°st Addition as "A" single fami7_y residential area as outlined by the
T?il_l_ o£ Assa.u•ance. Il:ft,er ~iiscussi.on, the City Clerl- eras i,rs'iructed to have nr.tice publ.i.shecl
;ii accordance frith Orc~ln•snce I?o. J_~K, azd. elate of hearing be set fvr January l.L', 1.°~14,
An ordinm'rco entitled "An Crdi.nazrce To I~rovide Per The Iianagement, Reroulati on end
GovrrnraF,nt Of k'ublic Uti7_ities C~tnred By Tire City of I~~Test Ilcrrphis, i1r?-ansa.,^, ; To Provide
The liethoJ. '?y* (dhich The Cit,~,r Ccf ?Jest :"o~~phis 5hatl ~:erate, Iivrage llrrd Control, luny
I'ubl9.c Uti7.ii;y heret;vfore 'r hereafter Acqui>:e~a ~' The L'ity Cf j~dest Iiemphi.s: To Provide F'or
A Uti.l_ity Conuni.ssion To have Charge Of Any Z'ublic iJtil:i.ti_es iiota Or hereafter Acquire~:l By
The City Of 5~7est lIemphis: To Provide For Fi~:ing Of Compensation C~f The Board Of Utility
Cvnu~,iissinners, Prescribe Tkre-i.r:~ Duties, Terms C'f Cff "ice Anci '.~ualifica+, ens: And In General
To ~sstablish A System Per The Operation, Regulation. iuid Control Cf The Fubl:ic tTt~ 1_ities Owned
Or To Flo (`*.med. T?y The City Of 1~7est k:o,>>phis Tinder :? Board. Of Iitili_ty Conmr{.ssivncrs" tiaas read the
third t:ic~ne by Aldcr^~~t<crr Pin1_ey, Lebo moved the thir•d_ reading be approved, the mot:i.vn ~(aas seconded
by l:lc?ermaan i:m~cho,^, tor, and upon vote, the /ulder»~!en vo{;ed:
Aye: 13oll.inger, Burrvtr. Finley, Poster, Iianch^.s ter; as1c1 Rorrton.
Iiay: None.
udlrerea.tpon the Iiayor declare:l said motion duly a~lopl,ed aTrd said ordnance duly passed,
and signed his approval. to said ordi°iarrce and the City Clerl: bras directed to spread the same upon
the reeord of (:rdi.nances of the City of Ud°st llomphis, Arl~:ansas, an~9 to basso Same pu1~~7~.shed as
required. byl_atir, and. to nrmaber said oc~•d:ixraarce 1.10. 292.
Said ordinance tv Trliich no amendment iaas offered. roast cts follotrs:
`1' l_! ~
_. --
~ _
OFiDIIi.~IT1CE TIO. 2i2
APi ORDIl`TAbiCE TO F-ROVIDE FOIi TI3E P'lA1~iAGEII~IT, I~GULATIOII AIdD GOVEI2IIIILfidT
OF PUBLIC UTILITII~S Ol•TI1ED BY TIC CITY OF WEST I1C;IiFII7"~, !L'2IIAIISAS: TO
PROVIllE Tlil TT<;THOD BY ?^7HICH THu CI`P`~ OF WEST T;IaMPIiIS SHALL OFEItATE,
IIAbTAGE AND CONTROL AIdY F11BL1C UTILITY ILsiiETOFOiZ; OR I]i:REAFTER ACCC'UZR1;D
BY TIIE CITY OF Tr7EST T)III'IIIS: TO FROVIllE FOR A UTILITY CUI.IIIISSIODi TO HAVE
CIIARGE OF ANY PUBLIC UTILITLS TTUW OR HEItEA.rTER AC~~UI1~Ell BY TH1; CITY OF
U>;,'ST P;~'ii'IiIS: TO FROVIl)I; FCR FLYING OF COTIPEIISATIOII OF TIIC BOARD OF
UTILITY COP~hiISSIGfi1EI7S, Ft?B'SCRIBE THEIR DUTIES, TI;RI`~i CFFICE AMID ~UAL7FICATIOTJS:
ATiD II1 GENEIULL TO ESTABLI:iH A SYS'Zn:?SI FOR THE OFEI2ATIOIQ, REGULATION ANll
COTiTROL OF TIFi: PUBLIC UTILITIES Ofdf~lEU OR TO BE O•WAIED I7.~ THE CITY OF
'v1LST T'~h~[.'iFIIIS UT~ii)F~. A BOr.~.D Ol UTILITY COIII'ilb'SIOTTITi.S.
BE T^1 ORDA~IED BY TIC CITY COUTICTG OF T~TL' CTTY OF Z'JEST Tu:T1FIiIS, ART'>AAISAS:
Section 1. That there is herelr,~ created a Utility Commission of t°lest Tiemphis,
Arkansas, composed of the TIayor of the City as member and chairman vzd five (~)
citi-zexxs orho are qualified electors of the municipality and to be appointed by the
City Council. DTo member of the Utility Conmrission appointed by the City Council
shall. hold any elective or other appointive office under the municipal goverrunent
wh:i.le a member of the Commission nor be a candidate for any elective office, city
or county, whi7.e a member of said Conunission.
Section 2. Said Utility Conmiissioners appointed by the City Council shall
hold office for a term of five (5) years anti thereafter upon the e~:pixation of
their respective terms, their successors shall be appointed by the City Council
for a term of five (5) years, last appointment this year for five (5) years.
The Beard of Utility Commissioners shall qualify and take the oath of office
within thirty (30) clays after their appointment, and in the event any person appointed
as such commissioner shall fail to qualify within th:ixty days of his appointment, his
of:Cice shall be vacant and his successor shall be elected or appointed by the City
Council. Isx the event of a vacancy caused by death, resignation, or removal or other-
irise, the remaining four (L~) Comrmissioner.s shall recommend a successor to the City
Council for approva7_ to fill out the xxne,-pired torte.
Section 3. E~~cluding the Tlayox• of the City, zrho shall receive no salary as a
member o:C this Utility Commission, the salary to be paid the said Utility Commissioners
so appointed is fixed at ;;50.00 nollars per month.
Before entering upon the duties of his office; each Utility Comrni.ssionex• appointed
by the City Couxtci.l sha71_ subscribe to and file an oath to support the Constitutions of
the United. States, of the State of Arkansas, and to obey the lairs of the State and
OrcLnances of the City of ^7est Ticmphis, i!r?cansas, axed to faithfully discharge the duties
of his office to the best o£ his abi7_i_ty.
Section 4. ~'uzy r?ember of -the iltility Commission appointed by the City Council may
be removed for cause after proper hoaxing, by a contttrrent vote of two-thirds of the
duly elected and qualifier rnenPoers of the entire City Gouttcil, inc7.uding the iiayor and
t•he jucignnent of the City Cotulci7_ of the City of Glest Memphis shall be fina7_,
Section 5. The Conmtissi.nners appointed hereunder sha17_ have pourer and authority
to manage, control, operate, improve, maintai.xl, ea.tend, and enl,~vrge the municipal
uti7_ity systems irx said C?.ty and territory in vicinity thereof., and a majority of the
Boa.x•d of Commissioners shall constitute a quorum for transacting a7.1 business, but it
shall require the ~proval of a majcrit~r of the entire board. for any action of an3~ meeting
tb becvrae the action of the Board of Utility Commissioners, and shall have full charge of
said plants or systems inc7.uding the right to emp7.oy or remove and~or discll~.x•ge any and
all assistants, supervisors, foretten, clerks; bookkeepers and employees and to fi:c and
regu7.ate thci_r sa7.arios. Tire Comriiss:?_eners shall have authority and pot;rer to entplo~-
engincors, audi.tcrs, a.ccotuxtants urhen the need and occasion may arise. Said. Contntissioners
shal.7_ not have any authex•9.ty or poser to issue any bonds or. notes, pledge orders or any
t3-pc of evidences of indebtedness or obligations or to sell, mortgage or enctunber ::aid
utility p7-ants or ~%stem,^>.
Section 6. Said Uti lit,- P,oard sha.l7. have the power and authority to puu•chase
electric ctu•z~ettt or crater fx•on an3• other person;. firm, o-r corporation as in the jurlrment
of sa,i~~ ?3oard shall be proper or e:.pedient, and to mal~re any and. a7.1 c,ontrarts necessary
and incident to carry out t1?e9.•~~ po~.ers conferrer? herein, v~d. to rl%scitarge, a7_ter, reneir or
discontint.to a,nt,* contracts ente-rerl into by them at an3* tame, prou*ed. said Board sha17_ not
enter :i.nto any cont~•a.r~i; ~".nr the ptn~chase of electricity .f. or any period longer than three
(3) 3>is~.rs, unless said cnntr•act shall have first been approved by the Cit;~ Caturci7. o£
i^Iest Tientphis.
~;~
.~nCt ! Orl 7 Tl'lc: ?7 _''. nOat O 1 1 ! _. I~ (,(_nL , - ~ OnC S S]1811 l a.Vn po.rea t C T12. r r,ltr•C11aSC',S
O'P all. uppl i.. , ?pp Z'it US m'ttex 1,7.15 ar' 1 ntil''x ,h'n~, le jt,1. ~ LF .n' the Op- 1 ~t1 on, n1al.,l tCn wilco,
.,epalr, al:n„_Orl 02 eYl7al"g_ t.rlt O. t'1'` 1't,l! ~~ u~~3t~'i!u OC th1S Clty and t0 m0,1'E' all. 71C'Cf'sSc'ix`wr
COlltr 8!` i ~'°Ox' Tlnl^'!: Or 7.~1?nl:' ~t,0 b~~ ClOrh, O '2E'.`Er1^7. (,1:' p i:1t0I I7.- C~'SS:ary t}]111~5 t0 1J~. flxTrilshed
rnr• fife- b.'nefi.t nI' swell CiF;,r, cr in carr~~i~lg ou{, <ny uer.•'c or rstdertalcing in ccrLnection frith sa_:?
ut 11i{,ies; provided, holrever, trhere the anlour!t oC any esti~~tarc ~.~1. e.~:poncLi.ture; nin.y e_~ceed ;;;r, 000.00,
,aid Linnrd s},?l l_ il'cnsl~„±, {,n, I,hn Cii,y Council ~',o cat, 1^:f,e .I,~r-xcor" ar.'. a resol..uticn ..-tu ,hcr:i-zi_ng
such Ptpc,nrl.i_ture, tol,ot.her tri_th the Boax°d.rs recd^uannd•at~_on .'ul re7_aL-ion {;herclt.o, axld upon file
passage of arx ,tr1x•nt~axg resolution b.-:- ti.le City Crn~r..c..7, it sha7.). be the duty of ~~.-1 '3oarcl to
~ 1 ;crti_se end l.~t the unrlc or contract to the 7_nrrest resk.artsible b, ~laox°, not, llo :ever, in e.-cess
of estiYnat.e of Or,wt certified ~ta City Cou?ci.1; frith tale pr•,.-~~=g(=, in Sa.i-? ~narcl to reject, ~^ll
hods aal1. rea.:ktox•ti~ a^ provided herein.
Section. ~. ~rlhencver it tl•c nX.r.nicn the 1~,,,t~^~;1 ,t sha7)_ become necessary to ma'-n any
~ `erat )_cns or mo t i_f, cati ens .in the spec ~.f leaf ~ r?n~ er p~ ans of any uor°, or contract required
to be st,hm-fitted to the City Cotulci7_, the saute shah_ ~~1 *,.o ~'vntnt e-~-ceed the o-ri_g:inal_ contract
her Cf? nnrl then sha17 ba ma~lo (m7~r upon. the tsr:i_tl-,en or.•d.E:r of sair} Utili_t~r Board. or its du7~tir
au{:horized agent, and. such order sha7.) be r>~ nn effect, ?ir!ti_l the price shal_1_ have been agreed
upon in l~rr?.ti n~< <nd s9_g~ic~l by the coni;rar,tor and/cr .~.pproved by said E3oard., and no contractor
snal_1 ever be a7.7.otre~} campcnszr.ti-on or 2nything for ant n,ar•a iror]~ caused by any a11',eraticn or
mo~liCica.t,i_on tmless such i s rn~.de and done upon an order and agreemen'l; as above provided; nor
shall_ any contractor in an3r case be a7_l.o;red. more. for such a7_t,eration or modification than the
price, f i~..eci in th~• :~rr:i.~bten vnrnrlarl. agree tent, and which prier; shal._7. not exceed the orig:i_nal
c..ost or pr-i_ce by rtot e tln.an ?~~ ;_,, eGt'oros~_i.~?.
Section 9. 1111 c~:nrtracts made by t'l~> ^oard shall be made in the name o~ the City by the
Board of Ul,il.ity Conunissi.oners, and x}tare the amount to ba pair? tite.reunder a~-ceods „:100.00, it
shall be in irs•itirt„ a.nd si;Cnad by the Ch~i,nl^n of the ^n3.re1 oa• a d.u7 authorized. agent thex•eof,
Section 10, •Rlenever i_t i, provided herein that it shall. be the duty of the City by the
}bard o:P Uti7_ity Coml'tissinners to adver-t:i_se, ~;uch a~'ve~°t~.sement shall be by publi.c~r.bion in a.
nctr^p2.per publ:ishecl in the City of ;lest :~~riph.is, or nrt> having general circul:,;I:•icn in said City,
inviting sea7_e 1. tar:•i:ttera bids on the proposc:i iJ07.'}, together tr:ith anr~. in a~id.:i.ti_on thereto by
giving mitten notice o:E' fife proposed uor'; or cntti,°ac{; to at least three per. soils or firms lIl or
out o° this Cif;;-, *rho ax•e engaged ial the trox•t: to be clone or irl. furnishing the supplies desired.,
faith invi.tati.on to submit sealed. trri_ttea bids, and t}le said Board sha7.] upon sa .d. sealed bids
on7J :itl public at the t:irle and place fi.:ed i_n the advex•tisem~nt and notice, and. let sa.i.d trork
or contract tc the lowest atx]./or best bidder, bttt; the 1!oard shal_1 at al 1_ tiP~es have the
privilege to ,•ejoct any" or a1J_ h~.ds.
Section l7-. The safe). 13carcl shall__ adopt and enforce such rules and regulations as they
nay deem necessary and e°pedient for i;he rules for proper operation and. rnanagerlent of said
ut_7.3_ty syster~ts wild shall have au.thori_ty to alter, chctnge or ar,en~l suc}a rules atul. regulations
at their d.iscreti.on. The said 1;oard sha7.l snbnl:i-t :nan't311y statericrrts to eac11 regular Cottnoil
meetin;~ of the prccorting month-s operations, artd also an annua7_ report of the Convnissi.enrs
operations to ih :i`tyor arx7 L'ity Cnunri.l, prepaa•ed. b;,r a competent audii:or, tr3_thin forty-five
(~,r) c ays of t^x J.:nt.lary lst of each year, nd shall also ftu~ni.sh such other and fus•tller repo~•ts,
data and infox~nation axld a;t such times as may be requested by the Ii2yor and City Cotuici7_.
The said Bow^d shal7_ keep all fonds receive l as :;~~cnr;ie, from the Utility systems separate and.
apat-t from the ftulds of the City, and sha7.]. maintain propr:r interest, sinlcin fwul anti
dcpreciat:i on a.ccotutt.==. I:n~> funds at any time held or reserved. by the said. Utility Conti ssi.cn
anti trlli.ch may be 3.nvested shall. be invested i_n such prnperti.es and securities as shall be
approved by L-he City Colxnci_l.
Section 7.?. Said Board sllal.l, ui.t.h the approval ail ~ confirmation of the City Council,
malae a schedule of rate;, for {;he several services and for the different classes of consumers,
and shall. rnal-e such rates for. the service ren<lerod as trill enable them at a17. titne~ to pay
operatialg e,~pan^es, iati;erest. si~t]:ing ftu?.ds requirc:rnents, amortization pajm~ents, reserve for
tror]:ing capi.ta7., remuncra:t:i ens and repl.acentents, casual_{;:i.es anck other fixed charges, and in the
event s~rvi_ce is furnished consumers or user. s otttsirle the City of l~>lest l~leniphis, the rates charged
such persons shall not necessarily be as lotr as {:.lie rates charged tri±.itin the City, The Conurli.ssion,
by axtcl tri_th ther approval and corxfirmatinn of fife City Cuttr_cil, shall. have the Y•:i_ght to c}tange file
schedule o:C rates for utilities in the C3_ty and out,s:ile t}le Cit3r from ti_nle to time as in theia•
ju~~iglnent may be rlecessas•y or proper. !1r>y rates approved by the City Council of the City of
tdest Iempltis sha7.). be sufficient to provi:7c :for pa3mtent of a7.7_ bond mrtturities or other indebted-
ness :issued against t}le Uti7.3_t,y ar const:itut;ing a. 7_ien against said systems or the revenue
t,hcrefrom, including reserves therefor and provir'e for all_ e-~penses of opora~ti_on, and rep]_acenr~nt.s
and mainLetmce of said plaelts or systems.
Section l~. Said. Utility Colruni.ssi_on 'in the name o° the City of :lest iier•phi.s is authorized.
€ulci ompoTrered to con~:lenrn arty lands, oasentents or 1°:i~l)ts-o'.°.-fray either on or txrider or above the
ground for any wool a.7.7. ptu•poses ial connection tri.th the cons{',ruct-.ion, operation, improvement,
e,ctension or rnaintenarlce of t}te swirl utility s;,~ste°•. 'Pule to axl},r property so con enured sha7.]_ be
ta>en in the name of the City cf ?'lest lfemph;_s and such ccndetnnati.on procaecli.ngs shall_ be :isl. the
none of wild for the C:i_ty and pursuant; ~to old in accorclarlce frith the StattttoY•y provisions and
C~rclinance re7:~aixig thereto.
4"7
Section 11i. Immediate7.y upon the qua.l.ification of the Board of Utility
Commissioners said Board shal7_ complete its organization. The Piayor of ldest 14emphis,
Arkansas, to be Chairman of the Board of Utility Commissioners and said Board shall.
e7_ect one of its rnember•s as Vice-Chairman, and one as Secretary. The Vice-Chairman,
and Secretary sha.]J_ hold office as such for a term o_e one year -election to be held
each year at first regular meeting in August. The Mayor, as Chairman, shall preside
at all meetings of the Board and shall. be its Chief Lxecut~ive Officer, and the
Vice-Chairman shall act as Chairman when the Chairman shall be absent or unable to
act. The Secreta.:ry shall keep and preserve in a wellbound book, written minutes of
all meetings, and actions and proceedings of said Utility Board.
Section 15. The Board of tJti_lity Conunissioners shall. maintain and keep separate
books and accounts on utility operations so that said, booics and accounts will reflect
the fixxancial conditions of each utility operation separately to the end that each
utility* operation sha7_l. be self-susta.ini.ng.
Each oC said operations shall_ be operated independent of each other, except insofar as
the Board of Utility Cormni.ssioners may be of the opinion that a joint operation shall
be advisable and economical in which event a17. e.,penses incurred in such joint operation,
including salaries of office tror':eers, engineers or other persons performing woe}; for all
operations sha7_l. be prorated bett,reen the several operations i.n such manner as said Board
s}call deem equitable.
The said Board shall keep such boots and a,ecottnts as nearly as may be in accordance
with the standard and uniform. books and accounts ordinari7.y kept in the maintenance and
operation. of utilities simi.7.ar tc those ttnder its control,
Section 16. The revenue received each year :['rem the utility operations before being
used for any other propose shall. be used by the Board for the following purposes in the
order named, to-Trri_t;
1. The payment of al.l operating e,:penses of the utilities as they accrue.
2. P'or required interest a.ecrua7_s and sinking fund accruals or other requix•ements
on bonds or certificates of indebtedness issued for the benefit of the Ci_trr of West
P•"emphis in the ope~tion of any said utilities.
3. For payments to reserves in such amounts as the Board of Utility Commissioners
think proper and by resolution elect to set up from time to time, bu.t in no event to
e„coed ?O" of the revenue remai_ninC after making the payments provided in paragraphs 1
Pc 2 proceeding.
Ii. For pa3nnent to the general fund;; of the muni.cipa7i.ty a stun equal in ,unount to
t},e Citzr taxes on the properties of the City owned utilities within the City Limits of
the City of ''Jest ilemphi.s, i;° said properties were privately owned,
~. Any surplus then remaix~i.n.~ over and above safe operating margins sha]_7_ be
devoted as the City Council shall d.ix•ect, provided, however, no such surplus shall. be
devoted. to any purpose' contsax•y to att~- morl,ga.ge or contx•act provision made by the City
of ?.lest i'e;~iph_s *,rith reference to the use of the income from the operation of any
uti_].i.ties owned by the City,
Section 17. The Board. of Uti7.i.ty Corru~i;;s:i.cners sha7.1 furnish to the City of
4Jest I°leranhi.s free and sufficient tracer for all fire hydr.:nts of the City for fire
protection and .for sprin',{7.i.ng the streets of the City anci may also furnish to said
City such adc?itional r~Ta+,er as said Hoard may deem espedient for public, purposes, but the
City of ?lest Ilemphi.s shall be required to pay for any electric current under the preva:i.7_-
ing rate scales adopted for the sale of any electric currer?t.
Section 18, Subject to the terms of any contracts that have been or may be made by
the provisions of any bond.; or noes i;;sued. by the Cit~,Y n~'.' :Jest Memphis relating to the
income or reserves in bonds of the united States, State of :1r•l:ansas, or any bonds o•~•
noi,es issued by or on beha7_f of the City of i~7ost I:emphi-s for the benE:fit of the Utility
operations; and the negotiab:i7_ity of any bonds or notes so acquired sha7_l not be affected
by the acquisition thereof, ~n~i any bonds or notes so acquired ma.y thereafter be negotiated,
sol.1 or used for debt retixeraent or otherwise disposed of at public or private sale, and
at sttch prices and upon suclx ccnditioxxs <.s the Board of Utility Cornmi_ssi.oners rrray deem best.
Section 1~. The Hoard of Uti_7.ity Conmrissioners ma.y instu•e the fidelity of any or a17_ e.^
its officers, agents or emplo~,~as, and pray require them or any of them to e;cecute. t~ond, and
tlxe premitun on wry bond t-rhicl, the Board may require under this ordinance or the promi_tun or?
any f ide7_ity insurance shall be paid out of the bands in the control of t}re Board o:f Utility
Commmissioners and be charge-_t to operatirrb elpertses.
`~~ ~,~
TI7~ f c1lnw~ng account;; ~ a~rab'.~ r.re.re I ~,^ni e~ ~ :
General Sower :..^.venuo
A,zt~~inot.7.~, ~,la.ctri.c Sc, vice 1i ~,,~6 Choctatr, Inc. ;;1.53.56
1'.mer i.can La Franc+e Foan: tte 10,43 Crane Company 129.60
r3arncb~!; ~u?,o Servi~.ae 7.70 T=1cCaa Chevrolet Co. ?.~1
ITocrard ;]e,s,t,{; 70.57 0?•btu•n Abstcn Co. 21.37
Central St~pp1~* Cn. 180.40 Total ';y~i~ ,0
Cax•es~ Equi.pritcnt 6.50
Conyers Sign Co. g, nn
Cra:I~'ncl:~ Sales Co. ?^ ~~
.5..
Street Im~rovenrent
J. B. Cool; larto Co. 1;3.51 -.-_._
Crrttendcrr Goutrt3- Titres 441.,0 Fa]_l. Ts~uci:ing Co. ~ 50.c+0
'~,•a.,17 T"entiac Co. ]11.71 Dacus L,unt~~~r Co. 5.12
ElT ,a7•t Brass TIfg. 15.5^ ;Ianrring Lbr. Co. 15.38
Esso Staadax~:i Cif 5~1..^;' Iiemphis Stone-Grauel 50.00
1~'as•nesv ,~»rD~y Co, 5^_.0" J. L. Iiontgomery 445.37
first Stop Gar ago 2. [n G1•~.l.li.n, Dic'--ear 9; P.ich 41.31
O,as•rison Rea~1y Iliz Cencreto 51.20 Total ~;,',~1"T~j,l~~
Manna. i 7tin,ltiyl~~ o, _rr~~,,f;.i?]g 25^,nr
Iia:r?.ins Egtt~ru,er,.t Co. ='7.S'
Tic] a_arrd Motor ,o L~rp. 1.54
Jt~}u7son Aui:o Co. 2]..77
IIatn°y Jl. Johnsc?:
c~
11, ""
'len Lli.ni<~ Iintor Co, 4.07
iay, Graves, TlcCaa 53.1°
F. "Red" TcClan.a.ha~7 '.12
Ilerup]r:i.s Tent & Awning 11.35
Tli%: South C.°ygen 1.0'5
T}ational Isrst,i_~tut;e of IIun~i_cipal Clef°'-rs 2~'~.00
Oz}narn Abst.arr Co. 55.09
Ray's Elects~i c Co. 1'~ %'~.
Royal Typewriter Co. 433.50
S ~"~: J Froducts 25,10
Tayloe Faper Co. 21.22
S. C. Tocf ?'c Co, <.40
Tennessee Valley Electric 68.55
Tropical Faint ~°: Oil Co. 12.21
Charles J. tlpton ~°~ Co. 50.00
Ward Publi.s}ring Co. 10.00
ldest Memphis Piachir7e pc }gelding Shop 1.3.OC
;Jest Memphis Scrap Iron 4.08
West Plemphi,s Veterinary TTospital 0.00
Tota1_ ~;, , _~_. ,1.
After discussion of various items 1.istecl, motion tras ma!}e by lclerman 13o1_].i.nger a,nd seconded by
Aldex'rnan Rorrton: That the accounts payable be approved, iT},o21 vote, the til~ie.rr,,en votod:
t1;~-e: T3o1.1_ii7ger. ;3turctr, Trinle~r, foster, IIaa•rchestex•, and Rowton.
N2,}*: TTone.
Mayor Price brough{; to the Counci7.rs attention that on Decornber 7, ].951y, hearing had been
held on the rezoning of Lots 5 and. 10, Block 154, i;endal Addition, and at that. time nn one had
aphea.red to object, acrd inasnnrch as there had been no obj;,~ctors an ordiinancc had been. prepared
for consideration of the Council. Thereupon, A1~i.erntatr Bollinger iattroduced at7 ordinance
enti.bied "An Ordinance Rezoning Lots Five and Ten (5 and 101 in !',Lock Une Hundred Pifty Pour
(151:) Of The Geos•ge T. Kendal Addition To The City of i~lest Iiemphis, 1~?,kansas, To Listr:i..ct "D",
Crnrmercia7- from District "A"; Single Fasni7.y Residenti_al~" rrhach eras read in full. by
Aldermar, Rnwi:.on.
Alderman T3urrota then moved that the rule requiring thF:~ readia7g in ftrl]_ ofarr ordartc+nce on
three different clays be dispensed with. The mnti.on was seconded by Alciermar7 Tlarrchester, a.nd on
roll_ call the fcl.l.orring voted:
itye: Ilol.linger, Tttrrrorr, Fizr1_ey, Foster. Tvicl,oster, and Rorrton.
T~Tay: None.
The TIayrn° declared that more i;han two-+,h:i.rds of the members composing the Council had
voted. in favor of the motion to suspend. the rule and that i_i; was caa•ried. Aldex`lnaa~l
Foster then moved i~ha1. the ordinance as re.arl. be a,doptect. This motion r~~ras duly seconded by
Alcles~n,at7 Fi111e~r, curd on roll. call, the fo1~o:~*r,g vote:i.:
AyTM~ : Bolli_nger•, T3urrow, Finley, Foster, ''anchest~^r, acrd P~orrton.
>~Tay: Alone .
The Aiayor decl.arec that the or:~inance harT been adopted, and then called attention to the
fact- tlrai; Secti.orr 2, th^ emorgency section. must be adopted upon a. separate roll call_ in order
to be ef.fect_i.ve,
`~
--
Alderman Bollinger then read Section 3 again. Alderman Rowton movers that Section 3
be adopted. This motion bras duly seconded b-,~ Alderman Burrow, and on ro7.1 call the
fo17_owing voted:
Aye: ^oo7.7inger, Btu•retr. Finley, Foster, lianchester, and Rowton.
Play: hone.
i~JYtereu.pon the T~,ayo:r dec7.ared said motion du7_y 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 West Plemphis, Arkansas,
and to have same published as required by l.aw, and to nwnbex• said Ordinance DTo, 2;'3.
Said ordi_nanee to wl:u.ch no aniendrrent t•~as offered read as follows:
ORD]NAIdCE N0. 293
API ORDIf1AP1CE ii1;ZOP111~IG LOTS I•IVE A'ID TEN (5 & 10) IPI BLOCK OPdE H[JPIDRED FIFTY FOUt(1..51~)
OF TIiG GEROGE T. I;aIDAL ADDITION TO TILE CITY OF WEST I>r.PII'IIIS, ARIsAPISAS, TO DISTRICT
"D", COPII~~.CIAL iR0I1 DISTIi.ICT "A", S7IIGLE FAT4IT~Y RESI~EIITL~L.
t>niereas application has been made to the City Flanni_ng Commission and the City
Council of the City of idest Piemphi.s, Arkansas, by Carl Webb and Hamilton Smith, who
are the owners of or the holders of contracts to purchase Lots Five (5) and Ten (10)
of Block One Hundred Fifty Four (154) of the George T. I{endal Addition to the
City of ti'lest lfemphis, Arkansas, requesting that such property be rezoned to District
"D", Commercial, from District "A", Single-Family Residential, and
T~^>hereas a hearing upon such application was set for Tuesday, December 7, 195~t, and
notice of such application and the hearing to be held thereon was published in the
Crittenden County Times on the 19th day of Ilovember, 195l~, being for the time and in
the manner required by ordinances of the City of 4dest T4emphi_s and,
'r7hereas, such hearing taas he7_d on the date set therefor and shown in such notice
and no persons appeared to protest the proposed change in zon_i.ng of such lots and the
Council. fotutd that it was desirable. that such change be made:
NOid, TH1~.EI'OR,E, BE IT OiP,DA7IIBD ;';Y Tl~ CITY COUTdC1Z OF T1iC CITY OF WEST P~IFS~IPHIS, ARhANSAS:
Section 1. That 7_ots five and ten (5 & 10) of B7_ock One Hundred FiE'ty Four (1510
of the George T. Kendal Addition to the City of ti^lest Piemphis, Arkansas, be and the same
is hereby rezoned from District "1", Single-Fami1_y Residential to District "D", Conunercial.
Section 2. That a7.7_ ordinannces or parts of ordinances in conflict trith this ordinance
be and they are hereby repealed.
JeCti on 3. That it has been shot•m to the City Council and Council finds that the
property above described is not best suited for its original zonin classification and is
better suited for the changed classic°icati.on herein above set out and that such rezoning
should be mare t^rithout further delay and, therefore, an emergency is hereby declared to
exist, such ordinance being necessary for the preservation of the public peace, health and
safety, shall be in full force and effect from and after its passage.
The fo7_lotring report was presented by Building Inspector B. E. busby:
A report of building applications and permits issued from December 7, 19511 to
December 21, 1954
l-.pplications Denied -None
Applications Approved and Fermits Issued as follozrs:
Plrs. Jake Ot=rens
Clement Rc Ilorfleet 15
Plrs. Tl. Ii. Dickson
City of West Tiemphi_s
TTancy B. Steele
Statement of i1. E. Ileagler; Consulting Engineer, f. or payment Plo. 1 on suz•ve3* for
Improvement District Ilo. 1 t•ras presented. in the amotartt of ~r?; 000. after discussion,
motion tray made by Aldermat Ro-rton and seconded by Alderman Tlanchester: That the Tayor
quid City C7_erlc be and they as•e hereby instructed to issue check in the amount of ;;2,000
to A. E. Heag]_er, Consu7_tirig E~.igineer, for stiu.•vey* on Tanprovement District Ilo. 1 and that
semi-month7_y payments be authorized to be paid.. Upon vote, the Aldermen voted:
Aye: Bo]_7.uxger., Burrow, Finley, Foster, Tlanchester, and Rowton.
Pday : IJone .
~,~~ `~,
;o
I~
I;r,.;,ror Frzno and the Cotui~~.l e pi•essn 1 tlxe:~,• a.ppt•c c iti_on for service • rendez•e~.-1 by '!
Alclexfixen C. Ii. ?totrton axxd John Btuiot-r dux !ng their tex-~~i of off:iee ~~nd requc-st.ed City i(
~t orney Atlee ITa.iri_ to prepare proper re olutz~ns oC csnmiemnration end th'xt saia~, be ~'
p~~,a~l upon the m~i.nlrtcs of the January 1i ~~r, r.eetin,F, o.~ the Council., and 1l,lermen ~~
RotJton ai~trl ?TUrrou be suppJ.i_ed a copy thez~of, ii
T1r.~•or Fr~rr: recnm i ~,.~1e-1 to the Council fhe sal.ar3 c~" the City .lttornoy be r used t~, ;~
~ 6CO,nC per ~-e~r p~~ablc, rncnthl~ ~rxd 1,ho „•:,]_ar~~ of the City Cler'• acid City Tre~,,.u•e.r
be ra3~ed to „~f10,00 per yea;•, p=yabio monthly. E1.Yter d~scuss~.on~ motion was r~a~~.e by ~~
1114 rm.,n Boll infer and seconded by tll.dex~.nn I'in1~y: That the r~~comr~onda~tion of td.ie Mayor j~
Il,at the ~1~~,, of the Ci-t lltor'~1rzr',-." Z ~On,nC
'3` per year and tlxe a1~x~* nf• the C~_ty t,l_erl-
b~ ',ACC nn ~~,r mar end the s ~ax•;; nr tlx~ ~i 1-,y Tx~ ~^ur~ be ti'?0.00 pex ~:~ ,,t• ei-Cecf,.~Te a~
o ~ Ja~nu~,•y 7_, ~ ~~~ 'x Cpl, ~e•e .. 1. Ul~nn ro17 call ti- te, tn~ .~7 ~r^ncn t ~te3: ~~~
~~i?S n~ l~in~~r ~11_ri: '!i. ?''1.a]" ~~ 1'~i _~:.i?Y' i ;~Yl r~i";.7 ti97' r~
5, , , au iioai;orc. i~
Ila.y: Ilone .
l;o i'u th_,r btt i.nc -:: aprc ~•i?xg, motion ,r,~s i, ~~ b5 17~derr~an rinl~,y and sewn-~~.1 by ~(
~11_~ermar lo,,t~~r ~. ~ eiCaJom•n. Tlpnn ~nb_, the ~_;l~lex ,, •.ote~':
.1~-n• Po>l_i.ngex^, ~xu•rou; I`inley, L'ost;~~r, llanchestc:r; quid ~R~,ul•on. ;;
,•~~. 1'nne .
i„
f.4•~ ~~. J'.iL:~.
?lr'rRr`•nsJ: J'1T'.N9RY ';, 1~?!;5
v:/a y~r D ~1~~ '."'0'
~t