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June 21, 1955`~, ?...~ MIlJUTES OF A REGULAR MEETING OF THE CITY COUNCII, OF THE CITY OF WFST MEMPHIS, ARKANSAS, HAD AND HGI,D ON JUNE 21, 1955. ~, i, 1= The Council of the C1ty of Weat Memphis met in a regular session at the City Hall !~ in said City at 7:40 P.M, on the 21st day of June, 1955. The meetin was called to order the ~ g by Mayor, and upon roll call there were: Present: Mayor H. B. Price presiding and the following Aldermen: '~ James Bledsoe, 0. I. Bollinger, Bob Eden, Freeman Finley, A. R. Manchester, j P. B. Powers, and R. H. Ray, Jr.; and City Clerk J. E. Himea. Absent: Alderman Curtis Faster and City Attorney Atlee Harris. !,'' It being determined a quorum was present, the following proceedings were had to-wit: ~~ ii Minutes of Covncil Meeting on June 7, 1955, were read and approved. ~ Mayor Price announced the first order of business would be the receiving of bids for Sewerage Improvements New Lines and Pumping Station for Ingram Boulevard Main Sanitary Sewer as per advertisement for bide. The following bids were received: ~{ Forsgren Brothers -Fort Smith X71,911.50 j'j i Worth James Construction Company -Little Rock 70,832.09 tj The bids were referred to Mr. A. E. Heagler, Consulting Engineer, and Mr. James Howell, ~~ City Engineer, for verification. Mayor Frice informed the Covncil Notice having been published for a hearing on the zoning of Kendal 5th Additiam as "B" Residential Area-with exception oY Lota 1, 2 and 21, Block 2; Lot 1, Block 3; and Lots 14 and 15, Block 1 to be zoned "D" Commercial, the meeting would be open to hear any ob~ectora to said zoning. No oae appearing, the Mayor advised an Ordinance for zoning the property would be presented at the next Council Meeting. "~ Mayer Price announced the Committee composed of Aldermen Bollinger, Ray, Finley, j Manchester, Chief of Folice Holland, and Chief of Fire Department Mderson appointed to '! analyze the bide for six 1955 model cars would present their report. Chairman R. H. Ray, Jr. stated the roeommendation of the Committee was as follows: Purchase: 1 Car From Chalmers Buick Co. ~! 1 Car From Eden Pontiac '' 1 Car From McCaa Chevrolet 3 Cars From Johnson Auto Company (Trade-ir-s) Upon the matter being called to vote, the voting was as follows: '` Yeas: Aldermen: Bollinger, Eden, Finley, Manchester, Prners, and Ray. ~~ Nays: None. j~. Alderman Bledsoe was absent from the Covncil Chambers during the voting. '~ II Mayor Price informed the Council the Plat and Bill of Assurance for Avondale Gardens 2nd Addition had been recommended for approval by the Planning Commission on June 9th, and 'i the Bill of Assurance had been approved by City Attor=tey Atlee Harris. After discussion with Attorney C. B. Nance, Jr., motion was made by Alderman Bledsoe and seconded >>'Y ~ Alderman Powers: That the Plat of Avondale Gardena, 2nd Addition be approved. The voting was as follows: Yeas Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. ''~ Nays: None. Motion was made by Alderman Manchester and seconded by Alderman Powers: That the Bill of Assurance for Avondale Gardens, 2nd Addition be approved. The voting was as ;i follows: ~! Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. ~~~ __ ti BILL OF ASSURANCE KNOW ALT, MEN BY THESE PRESEN'T'S That Jackson Life Insurance Company is the owner of all of the following described lands situated in Crittenden County, Arkansas, to-wit: The South Half (~~) of the South Half (S~)of Section One (1), Township Six (6) North, Range~Eight {8) East. ThQ grantor, Jackson Life Insurance Company, has caused said lands to be surveyed and subdivided to lots, blocks, and streets. Said Subdivision has bean Hamad and shall henceforth be known and designated as Avondale Gardens Subdivision, Second AcTditian, West Memphis, Arkansas. Said Subdivision contains seven (7) blocks, 1-7 inclusive, and grantor has executed a plat showing the locations of said blocks and the number and dimensions of the lots in said blocks, also the locations, widths and names of the styeetag all streets of said Subdivision are hereby dedicated to the public for its use and benefit forever. Said plat is recorded in Plat_T3ook at page in the off ice of the Circuit Court Clerk and Ex-Officio Recorder in and of r~G-ittenden County, Arkansas. As a part of this Bill of Assuranc@, certain safeguards and restrictions hereinafter referred to as "Subdivisian Restrictions" are hereby placed on the lots of said plat. SUBDIVISICN'RESTRICTIC>NS The purpose of these restrictions is to provide uniform protection for all property owners in this subdivision by the establishment of minimum standards of land use, building sizes, set-back requirements and the prohibition of certain undesirable Haas and practices for the entire subdivision. 1. LAND USE All lots as shown on said plat in Blocks 1, 2, 3, 1~, 5, 6, and ?are hereby designated as a single fami]y residential district and classified as class "A°. II. GENERAL PROVISIONS APPLY.l:IdO TO ALL ZCNES (a) Nothing shall be allowable an premises in any zone established which would in any way be offensive or obnoxious by reason of color, design, or the emission of odors, liquids, gases, dust, smoke, vibratian or nosie. Bor shall anything be placed, constructed or maintained that would isi any way constitute an eyesore or nuisance to adjacent property owners, residents, or to the community. (b) No building shall be.erectQd, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the architectural control committee as to quality of worloaanship and materials, harmony of external design with existing structures, and as to location with respect tp topography and finish grade elevatian. No fence or xall shall be erected, placed or altered on any lot aearer to any street than the minimum building setback line unless dmilarly approved. The architectural control committee is composed of John A. Cooper, Harold Phelps, and J. E. Counts. A Ma3ority of the committe amy designate a representative to act for it. In the event of death or resignatian of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall ba entitled to any compensation for servioea performed pursuant to this covenant. At any time, the then rocord owners of a majority of the lots shall have the power through a duly recorded written instrument to change the meraberahip or the committee or to withdraw from the committee or restore to it any of its powers and duties. The committees approval +-r disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative fails to approve or disapprove within 30 days after plans and apecificatiana have been submitted to it, or is any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will ttot be required and the related covenants shall be deemed to have been fully comp7.ied with. (o) No building shall be erected or moved an to any lot of this subdivision which does not conform to the following restrictions of use, area, setbacks and other reatrictlans herein set forth. (d) No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used an any lot at any tuna as a residence either temporarily or permanently. (e) No lots as shown on 8sid plat shall be reaubdivided into building plots, but a portian of a lot adjoining a lot may be used in connection therewith and the total considered as a single building plot. The building line and aide line setbacks shall be determined with reference to such increased plat. ~' C' d ~) ~.~ ~~ ~ III. DEFIIdITIONS OF ZONE CLASSIFICATIONS (1) "A"--Single fami],y residential zone: (a) Every use as a one family residence in a single building including every customary use not inconsistent therewith. (b) Prohibited uses: Bee hives or the breeding or raising of arry insects, reptiles or animals and fowls other than customary house pate. The use of said residences for the practice of any profesaian or the use as a business or commercial use of argr kind is prohibited. IV. SETBACK LIt+IITATIONS: follows: Setback restrictions shall app],q to all structures constructed and erected as Front yard -- In Black l~, Lots 18-27, inclusive, Block 6 Lota 1 and 2 --- Minimwn of 35 feet from property 11ne. All other Blocks --- minimum of 25 feet from property line. Rear yard - - 25 feet from property line Side yard - - 5 feet from property line Corner lots - 25 feet from both streets Roof overhands, steps, stoops, and architectural projections are excepted. Y. HEIGHT LIMITATIONS: No building in this subdivision shall be greater than two stories in height nor higher from the average grade than 25 feet, to aqq portion of the building except chirarreys and architectural pro~ecMns. GARDEN WALLS--Garden walls, not exceeding 7 feet in height, may be constructed within the property in that area to the rear of the minimv¢n setback line, defined herein as establishing minimum. depth for the front yard. Garden walls, not exceeding 3~ fact in height, may be constructed within the front yard, as defined herein. VI. AREA LIMITATIONS: Blocks 1, 2, 3, 5, and 7, 850 sq. ft. Blacks 4, Lots 1-17, inclusive, Block 6, Lots 3-7, inclusive 850 sq. ft. Block !:, Lots 18-27, inclusive, Block 6, Lbts l and 2, 1,000 aq. ft. VII. EASEMENTS: No building shhll be constructed in the various use zones which shall be smaller in area than as listed below. Area of building shall be computed within outside perimeter of all exterior walls and supports under roof, excluding carports, garages, porches, etc. Perpetual easements as shown on the plat for the use of utilities, sidewalks, high preseure gas lines and Dramas District No. 6 shall be maintained and become a resteic$ion on each individual lot or where else they occur. Protective screening areas are established on the utility easements of Lots l thru 20 of Block 1, Lots 1 thru 6 and Lots 22 thru 29 of Block 3. Planting, fences or walls shall be maintained throughout the entire length of such areas by the owner or owners of the lots at their own expense to form as effective screen for the protection of the reaidentia]. area. An easement for the purpose of providing foot circulation for the public to the Park is established along the common property line of Lots 4 and 5, and Lots 25 and 26 of Block 3. VIII. GARBAGE AND REFUSE DISPOSAL: No lot shall be usod or maintained as a. clumping ground for rubbish. Trash, garbage or other waste. shall not be leapt except in sanli;ary containers. All incinerators or bther equipment for the storage or disposal of such material.. shall be kept irr a clean and aanitaxy condition. IX. SIGRT D15TANCE AT ]NTERSECT7:ON: 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 ].fines and a line connecting them i~ at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner Pram the intersection of the street property lines extended. The same eight- i; line ].imitations shall apply on any lot within lU feet from the intersection of a street property line with the edge of a drive way or alley pavement. No trees shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at snfficiont height to prevent obstruction of such sightline. X. TERM: These covenants are to run with the land and shall be bindi.ng on all parties and all persons clai.tni.ng under them for a period of 25 years from the date these covenants are recorded, after which time said covenants ahal.l be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. XI. ENFORGEMENTs Enforcement shall be by proceedings at l.aw or in equity against any person or persons violationg or attempting to violate any covenants either to restrain violation or to recover damages, and failure or neglect to enforce any provision hereof shall not constitute a waiver of operate as an estoppel. XII.SEVERABIL~ITY: Invalidation of arty one of these covenants by 3udgment or court order shall in no wise affect any of the other provisions which shall remain in full force and affect. IN WITNESS WHEREOF, the said Jackson Life Insurance Company, a corporation, has caused this instrument to be sign®d by its vice president and its assistant secretary, and its corporation seal to be affixed on this day of June, 1955. JACKSON LIFE INSURANCE COMPANY DY: ice s en ATTEST: Assistant ecretary ;~aH:-iHe M ordinance entitled "An Ordinance Requiring All Privies And Water Closets To De Connected With The Sewer System If Within 900 Feet Of A Pipe Line" was read the third time. Motion was made by Alderman Eden and seconded by Alderman Ray, that the ordinance be adopted. The voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finlay, Manchester, Powers, and Ray. Nays: None. The Mayor declared the ordinance had been duly passed, and thereupon he signed the ordinance in open Council Meeting, hi.s signature was attested by the City Clerk under the seal of the City. oRDI14ANCE rro. 303 AN ORDINANCE RE~ULRING ALL PRIVIES AND WATER CLOSETS TO BE CONNECTED WITH THE SEWER SYSTEM IF` WITHIN 300 FEET OF A PIPE L]NE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTICR~ 1. It shall be unlawful for anyone to build or construct a privy. or water closet within Three Hundred (900) feet of a pipe line of the sewer system of the City of West Memphisc, Arkansas, without connecting same in proper manner with such pipe line. SECTION 2. It shall be unlawful for anyone to use, maintain or rent for use, any privy or water closet within Three Hundred (300) feet of a pipe line of the sewer system of the City of West P3emphia unless same is proper],y connected with such pipe line, for the purpose of draining and carrying away all human excrement or other offal from said privy or closet. SECTION 3. Anyone violating any provision of Chia Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not lees than Ten Dollars 010'.00) nor more than Twenty-five Dollars 025.00), and each day of violation shall constitute a separate offense. SECTION !~. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall be and become in fu]1.force and effect from and after its passage and approval.. M ordinance entitled "An OrdinanceE~P~acing The Territory Heretofore Known As Hulbert And More Particularly Described Herein, Tn Ward TWO Of The City Of West Memphis, Arkansaa~'~ was read the first time. Motion was made by Alderman Powers and seconded by Alderman Bollinger that the first reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. ~" f= >. ~ • ~ ~:,~ _-.. . The following estimates were presented: Goe Electric Company -Estimate 4 $289.11 Fire Station No. 1. On motion of Alderman Fowers, seconded by Alderman Manchester, the estimate was ap;moved by vote as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. W. D. R. Construction Company -Estimate No. 3 Fire Station 1 X13,752.00. On motion of Alderman Bollinger, seconded by Alderman Bledsoe, the estimate was approved by vote as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. Frank H. Lee and Company -Estimate No. 4 Lamar L. Rodgers Memorial Pool X10,260.00 On motion of Alderman Bollinger, seconded by Alderman Ray, the estimate was approved by vote as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. Mayor Price informed the Council the Scout Hut in Worthington Fark was in need of repairs, and an eatim~ke for materials and labor had been received from Manning Lumber Company in the amovat of $1,483.65. After discussion, motion was made by Alderman Eden and seconded by Alderman Finley: That the Mayor be authorized to proceed with rApairing of the Scout Hut in Worthington Park as per estimate of Manning Lumber Company in the amount of $1,483.65. The vote was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. Report from the Building Inspector was presented as follows: June 7 to June 21, 1955 Application-Denied: Lucinda Jackson, 401 South 13th Streot Reason: Not proper set back from street Applications Approved: Cecil Bishop Floyd Stanford Wallin-Dickey-Rich Lbr. Wallin-Dickey-Rich Lbr. West Memphis Lbr. Co. West Mempliia Lumber Co. Johnnie Powers Choctaw, Inc. Ruthee Lee Coleman Wellworth 5 & 10 Inc. J. L. Martin Motion was made by Alderman Manchester and seconded by Alderman Ray, that the report of the Building inspector be approved; the vote was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. Nays: None. A group of approximately twenty citizens from proposed Improvement District No. 1 were present, and dise~s~ed the Impmovement IJiatrict and other matters pertaining to the City~s government. Acting as spokesmen for the group were B. D. Krebs, Jr., Milton Hicks, and - W. C. McCreary, Jr. Consulting Engin®er A. E. Heagler reported to the Council an error had been found in ~; the Foragren Brothers Bid of X264.59 thereby reducing the bid to X70,567.50. After discussion, '' motion was made by Alderman Ray and seconded by Alderman Manchester: That the contract for the 'j lines and pumping station for Ingram Boulevard Main Sanitary Sewer be awareded to the low bidder Foragren Brothers in the amount of $70,567.50. The vote was as follows: ~ Yeas: Aldermen Bledsoe, Bollinger, Eden, Fini.ey, Manchester, Fowers, and Ray. Nays: None. No further business coming before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Powers to adjourn. The vote, was as follows: MINU'1T.5 OF AN ADJOUFQJED MEETINf# OF -THE CITY COUNCII. OF THE CIT7[ OF WEST MEMPHIS, ARKANSAS, HAD AND HELD o~T JANE 21, 1955. The Council of the City of West Memphis met in an adjourned session at the City Hal]. in said City at 7:30 P.M. on the 21st day of June, 1955. 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, Bob Eden, Freeman Finley, A. R. Manchester, P. B. Powers, and R. H. Ray, Jr.; and City Clerk J. E. Himea. Absent: Alderman Curtis Foster and City Attorney Atlee Harris. It being determined a quorum was present, the following proceedings ware had to wit: Mayor Price informed the Council that the meeting had been adjourned from the June 7, 1955 regular meeting subject to a call meeting, and no business having been presented at this call meeting a motion would be entertained to adjourn the call meeting; whereupon, motion was made by Alderman Bledsoe and seconded by Alderman Ray to ad3ourn the call meeting. Upon vote the following votod: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Manchester, Powers, and Ray. ~, Nays: None. i~~7 Ge ~.~ MAYOR ATTEST: i ~~^ _ ~ , {' - CITY CLERK APPROPED: