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July 5, 1955MINUTES OF A REGULAR MEETING OF THE CITY COUidCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD CN JULY 5, 1955. The Council of the City of West Memphis met in a rogular session at the City Hall in said City at 7:30 P.M. on the 5th day of July, 1955. The meeting was called to order by the Mayor, and upon roll call there ware: Present: Mayor Ii. B. Price presiding and the following Aldermen: James Bledsoe, 0. I. Bollinger, Bob Eden, Freeman Finley, Curtis Foster, A. R. Manchester, P. B. Powers, and R. H. Ray, Jr.; City Attorney Atlee Harris and City Clerk J. E. Himea. Absent: None. The following proceedings were had to-wi.t: Minutos of Council Meeting on June 21, 1955, were read and approved. An ordinance entitled "An Ordinance Placing The Territory Heretoforo Known As Hulbert, And More Particularly Described Herein, In Ward Two Of The City Of West Memphis, Arkansas" was read the aecond time. Motion was made by Alderman Powers and seconded by Alderman Manchester: That the second reading of the ordinance be approved. Upon the matter being called to vote, the voting was as follows: Yeas: Aldermen: Bledso®, Bollinger, Eden, Finley, Foster, Manchester, Powers, and Ray. Nays: None. Mayor Price presented the following letter from the Arkansas State Police: Little Rock, Arkansas July 1, 1955 Hon. H. B. Price Mayor of West Memphis West Memphis, Arkansas Dear Mayur: We have dust received Honor Roll Awards from the National Safety Council certifying that your city did not have a traffic fatality during 195b. I am wondering how you would like for the above to be presented. There are two recourses: first, if you wish, we could present it at a called meeting, including your Council, Chief of Police and Citizens] or aecond, if you wish, we could deliver it to you at your office without any ceremony. If the first suggestion is accepted, I would appreciate it vary much if you would arrange the meeting this month (July) as we will have time in making the presentation. Trust I will hear from you 3n the near future regarding the above, I am Sincerely, Jack Rhea, Lieutenant Safety Division ~3F#iEi: After discussion, it was agreed that the arrangements for presentation should be made for July 11.yth, the day of the Eastern Arkansas Industrial Exposition. Mayor Price informed the Council the supervision of the Community House had been relinquished by the Junior Chamber of Commerce, and he had sent the President of the organization the following letter: July 1, 1955 Mr. Jimmy Bogard, President Junior Chamber of Commerce West Memphis, Arkansas Dear Mr. President: The Mayor and the City Council are extending to you their deepest appreciation and gratitude for the wonderful fob that you and your organization have done in caring for and operating the Community House. We feel that the people of West Memphis should be grateful, as we are, that you have spent your time, with no compensations, as well as the money you have spent in supplying and equipping the Community house since the City was not financially able to accomplish the things you have. To an organization which works as diligently as you do for the betterment of West Memphis, again we say, our thanks. Yours vary truly, HOWELL B. PRICE Mayor G) ~ ~' Mayor Price informed the Council Mr. Floyd Na~or had been employed as manager of the City~a S~rimming Pools, and he would be responsible for obtaiing personnel and policies of operation. A resume of rules and regulations adopted at a meeting of the Swimming Pool Committee composed of Aldermen Bledsoe, Bollinger, and Eden; Members of the Recrel~tion Commission, City Engineer James M. iiowell, and Mr. Naylor was given by Mayor Price. The Council was advised the charges would be: Preschool Age Children 15¢ School t3hildren 1-12 Grades 25¢ Adults 75¢ The following estimates and statements were presented for approval: Arkansas Municipal League $ 5211.38 Choctaw, Inc. 10,!166.02 Worth James-Avondale Main Sewer Eat. 2 l1, 616.11 Worth James-13th Trunk Sewer Eat. 8 10,052.76 Worth James-Jefferson Avenue Est. 10 111,11118.80 Worth James-7th Street Est. 2 3,397.19 Worth James-Avalon Heights Eat. 4 3,110.73 Foragren Bros.-8th Street Main Est. 1 35,833.86 Goe Electric-L. L. Rodgers Pool Eat. 3 1,1168.21 Frank H. Lee-Wonder High Pool Eat. 2 16,11116.91 Frank H. Lee-L. L. Rodgers Eat. 5 27,508.36 Arkansas Plumbing-Wonder High Pool Eat. 2 552.12 Harvey White-Wonder High Pool Eat. 1 1,067.31 After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Finley that the estimates and statements be approved. Upon the matter being called to vote, the voting was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Foster, Manchester, Pawera, and Ray. Nays: None. Attorney J. H. Spears presented a plat of 3rd Rich Eastern Addition and Bill of Assurance for the Addition; said plat having been recommended for approval by the Planning Commission on June 9th. City Attorney Atlee Harris advised the Council the Bill of Assurance xas in conformity with City requirements and recommended approval. After discussion of the plat, Hill of Assurance, and construction of the streets in accordance with FHA specifications, motion was made by Alderman Ray and seconded by Alderman Powers: That the plat and Bill of Assurance of 3rd Rich Eastern Addition be approved. Upon the matter being called to vote, the voting was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Foster, Manchester, Powers, and Ray. Nays: None. HILL OF ASSURANCE PART A. PREAMBLE KNOT ALL MEN BY THESE PRESENTS: That iPEST VIEW REALTY COMPANY, a Corporation, holds title to the following described lands situated ir: the County of Crittenden, State of Arkansas, to-wit: an~i~eg(~~,tTowship ~ix r($~rNorth, Range Ninet(9)) East, thence 375.76 Feet North along the West line of Section Eight (8) to the South right-of-way line of U. S. Highway 61 thence South 65 degrees 28 minutes East a distance of 1,80.27 Feet along the South right-of-way line of U. S. Highway 61; thence South 2!1 degrees 32 minutes West a distance of 365 Feet; thence South 16 degrees 02 minutes West a distance of 600.38 Feet; thence South ~ degrees O1 minute East a distance of 570 Feet to the South bank of a Bayou; thence in a Northwesterly direction along the meanders of the South bank of said Bayou to the West line of Section Nine (9); thence North 1.,3511.°0 Feet along the West ]ine of Section Nine (9) to the point of beginning, containing 117.95 acres, more or less. The Grantor herein has caused said lands to be s~xrveyed, subdivided and laid out into lots and blocks, s'tree'ts, drives, avenues and parkways. Said subdivision has been named and shall henceforth be known and designated as the Third Rich Eastern Addition to the City of `+iest Memphis, Arkansas. Saicl. Addition contains eight (8) blocks designated One (1) 'to Eight (8 ), inclusive, and the Grantor has executed a Plat showing the location of said blocks and the numbers and dimensions of the lots in each of the said bloc)cs. The streets, drives, avenues and parkways, as shown on said plat, are hereby dedicated to the public for its use and benefit forever. Said Plat is recorded in Plat Blook 2 at page ._ of the records in the Office of the Circuit Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas. 4 PART B, AREA OF APPLICATICOI B-1. FULLY PROTECTED RESIDENTIAL AREA Fully protected single-family residential area covenants in Part C and D shall apply to all of Blocks One (1) to Eight (8), inclusive. f PART C, RESIDENTIAL AREA COVENANTS C-1. LAND USE AND BUILDING TYPE No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached I~ single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars. C-2. ARCHITECTURAL CONTROL No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the City Council, the City Planning Commission of said City of West Memphis, or by such other body or bodies created by said City of West Memphis to assume the function of that body as to quality of workmanship and materials, harmony of external design with existing structures, and as to loation with respect to topography and finish grade elevation. No Pence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. C-3. DWELLING COST, QUALITY AND SIZE No dwelling shall be permitted on any lot at a cost of less than X7,500.00 based upon coat levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality (' of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwe]J.ing size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not leas than T50 square feet for a one-story dwelling, nor less than 700 square feet for a dwelling of more than ore story. a C-4. BUII~DING LOCATION No building shall be located on any lot nearer than twenty-five (25) feet to the front lot line or nearer than ten (10) feet to any side street line. No building ak~.l be nearer than five (5) Feet to an interior lot line. No dwelling shall be located on an interior lot nearer than twenty-five (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches and carports shall not be considered as a part of a building, provided however, that this shall not be construed to permit any portion of a building to encroach upcn another lot. C-5. EASEMEPITS Easements for installation and maintenance of utilities and drainage facilities era reserved as shown on the recorded plat. C-b. LOT AREA P.ND 6~dI1)TH No dwelling shall be erected or placed on any Iot having a width of less than fif ty (50) feet at the minimum building setback line nor shall any dwelling be erected or placed on ax~y lot having an area of less than 5,000 square feet. it C-7. NUISANCES No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the eighbbrhood. C-8. TEMPORARY STRUC'PURFS No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. C-9. SIGNS No sign of any kind shal]. be displayed to the public view on any lot except one professional sign of not more than one square foot advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. rm J~~~~:: I C-10. FROTECTrJE sOREF.NING '_ ~f Protective screening area is to be established along the rear of the lots in Blocks One (1), Two (2) and Eight (8 ). Except as otherwise provided herein regarding street intersections u under "Sight Distance At Itstersections", planting, fences or walls shall be maintained throughout i~ the entire length of such areas by the owner or owners of the lots at their own expense to form an '' effective screen for the protection of the residential area. No vehicular access over the areas shah. be permitted except for the purpose of installation and maintencnace of screening, utilities and I drainage facilities. !:, ~! C-11. SIGHT DISTANCE AT INTER.SECTICNS i~ ;~ 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 j 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 street 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 permitted to i remain within such distances of such intersections unless the foliage line is maintained at such sufficient height to prevent obstruction of such sight lines. ~! i FART D. GENERAL FRUVIDISI~IS _~ ~ D-l. TERM ii These covenants are to run with the land and shall be binding on all parties and all per sons claiming under them for a period of twenty-five years from the date these covenants are recorded, at which time said covenants shall be automatically extended for successive periods o.f ten years unless by a vote of the owners of a majority of the property based on front foot ownership, it Se geed 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. ENFORCF~IT Enforcement of the covenants herein shall be by proceedings at law or in equity to restrain a violation hereof or to recover damages against any person or persons violating or attempting to violate the provisions hereof. D-3. SEVERABILITY Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions whlch shall remain in full force and effect. IN TESTIMONY WfiEREOF, the said WEST VIEW REALTY COMPANY, a Corporation, has caused this instrument to be signed by its President, attested by its Secretary, and its corporate seal affixed this day of July, 1955. WEST VIEW REALTY GOi'IPANY B3' - J. Everett Norfleet, President Piayor Price informed the Council the Utility Commission on June 15, 1955, had made an appropriation to the General Fund in the amount of $10,000.00. After discussion, motion was made by Alderman Eden and seconded by Alderman Bledsoe: That the appropriation of $10,000.00 on June 15, 1955 from the Utility Commission to the City General Fund be confirmed. Upon vet®, the Aldermen voted; Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Foster, Manchester, Fowers, and Ray. Nays: None. Motion was made by Alderman Finley and seconded by Alderman Bledsoe to approve, authorize, ratify, and/or confirm payment of the .following bills: GENERAL FUND: J. Toarmina C. Tabor W. M. Recreation Dept R. Guy J. Williams B. Whitten C. Duncan J. DeRome C. McNeil V. Romines R. Riddick R. Simmons D. Steven L. McCulley B. Masters GENERAI, FUND-CONTINUI'sD: ~b4.76 c. Byrd 9125.00 118.10 E. Jarman 125.00 1,000.00 J. Howell 300.00 83.30 B. Ellison 170.00 61+• ~ W. Perrine 175.00 150.00 H. Johnson 137.50 1112.50 E Mderson 175.00 11;2.50 0. Hatton 150.00 1.112.50 W. Darby 130.00 ].!12.50 A. McKay 125.00 130.00 S. Smith 156.00 130.00 R. Herr 96.67 125.00 D. Bakke 96.67 125.00 H. Rushing 1118.00 125 00 E. Arnold 87.]3 . W. Hayes 70.50 GENERAL FUND - CONTINUED GENERAL FUND - CONTINUED E, Iiudson X99.90 E. Rubens X200.00 M. Williams 76.88 Dept. of Revenues 1.11.00 C. Blunt 87.13 H. Price L100.00 S. Gibson 87.13 J. Himes 50.00 E, Staten 87.13 F. 0[,ren 50.00 41. Gannaway 87,13 R. Ray, Jr. d B 50.00 00 50 f'. Braxton M. Kemp 73,~p 1110. 0 soe le J. C. Foster . 50.00 Coles R 87,13 0, Bollinger 50.00 . M. Scales 76.88 R. Eden F. Finley 50.00 50.00 J. Crump Crump J 72.00 76.88 P. Powers 50.00 . A. Jefferson 6.38 A. Manchester Harris A 50.00 300.00 G. Ferguson Garrett C 118.10 7,75 , S. Smith 156.00 . M. Howell 118.10 R. Fierr 96.67 J. Kelley 162.50 J. Hillencamp 182.90 P. Rogers 162.50 Ii. Holland 375.00 W. Harris 95.85 Bud Holland-Meals 1,157.80 C, Mosely 90.53 B. >~hitten 150.00 L. Key 90.53 C. Duncan 1112.50 B. Poseley 83.30 J. DeRome 1112.50 E. Dansberry 90.53 C, McNeil 1112.50 E. Hale 90.53 P. Romines 1112.50 W. Hill 90.53 R. Riddick 130.00 J. P. Harris 8!1.60 R. Simmons 130.00 J. Dauber 87.13 D, Steven 1.25.00 F. Johnson 87.13 L. McCulley 125.00 J. McCullar 87.13 B. Masters 125.00 T. Moseley 87.13 W. Smith 25.00 G, Hopkins 90.53 C. Byrd 125.00 E. Lee 90.53 E. Jarman 125.00 Tdatson J 90.53 J. Howell 300.00 . J. Pulliuam 83.30 R. O~Bryant l 150.00 52 87 H. Nelson 7,23 J. Nay or ICI. Highsthoe . 45.00 W. Smith 29.33 Mrs. V, Frazier 19.50 D. Bakke 96.67 Mrs. 0. Maffei !15.00 A. Dismul:e 35.25 W Perrine 175.00 C, Alderdice 1 547.50 H, Johnson 137.50 Director Internal Rev. 683.80 T. Stacy 30.00 Director Internal Rev. 51.30 E, Anderson 175.00 J. Mcl±ay 5.00 G, Hatton 150.00 I. Hanna 5.00 41. Darby 130.00 H. 4lhite Perrine W 5.00 5.00 A, McISay 125.00 . MiclSouth Gas Co. t C k i 20.69 2 54 J. Lewis W. Kalpan 125.00 125.00 o. . Pa n Ar Bragg Auto Co. . 1.00 F1. M. Fire Dept. A • D 390.00 204 39 Bowers and Wood 12.00 ance ssux ens Business 41, I~. Recreation Dept. . 2,000.00 Ball Trucking Jack Burkhead Body Works 200.00 65.00 M. Kemp 1110.80 Crittenden County Times 371.78 G. Ferguson Garrett C 11.8.10 7!1.75 Crittenden County Health Dep. 7.50 , Howell Ii 118.10 Delta Ice Co. Eden Pontiac 20,4p 2,80 . . J. Kelley 162.50 Esso Standard Oil 785.93 ~'• Rogers i i 162.50 96 51 Farmers Supply 15.25 am J. G ll R Coles 1. 87.13 Garrison Ready-Mix !108.00 . Scales I1 76.88 Goo Electric nic Iiamilton C13 7,37 6,00 . A. Jefferson 76.88 . Hanna Plumbing 5,50 J. Crump J. Crwnp 76.88 76.88 Holland Motor 2.26 41. Barris 811.60 G. Jay 5.00 C. NIosley 87.13 Johnson Auto 41.115 T„ Key 87,13 Ben Klinke .43 B. Posley 87.13 E. Logan, Jr. 3160 E, Dansberx^y 87.'1,3 Manning Lbr. 1.49 E. Hale 87.13 Meriwether Apothecary 1.28 T•1. Hill 87.13 Newberry Eqpt. 2.56 J. Harris 76.95 Ozburn-Abston 10!1.98 J. Dabner 87.13 Missouri Pacific 187.22 Johnson E'' 87.13 Rays Electric Risves & Smith 10.95 7,$8 , J. McCullar 87.13 Spalding Tire Co, 31.39 T, Moseley 87.13 Saunders Lawnmower 10.00 G. Hopkins 87.13 United Iron Co. 1.53 E, Lee W t 87.13 87 13 C. Upton Wallin-Dickey & Rich 110.60 11.93 son a J. J. #'ulliuam L . 87.13 W. M. Daily Sun 67.20 41, Smith 87.13 W. M. Electric Motor 180.91 F, Bishop 72.68 [J, M. Tourist Cow-t .80 4J. Crawford 72.68 W. M. Veterinary Hosp. 7.50 H. Rushing 125.00 4J. M. Toggery 1,830.65 E. Arnold. 87.13 GENERAL I'[lTiD-COpITINU>;ll W. Hayes 976.88 E. Hudson 94.50 M, Williams 76,88 c. Blunt 89.25 S. Gibson 87.13 E, Staters 87,13 W. Gannaway 76.88 P. Braxton 76.88 A, I7lsmulce 76,8$ F. Clay 33.00 SW:CTwAIING POOI, COTiS'1Ri1CTION I.. Sanders ~3,421.8C Goe Electric 205.01 F. Lee Co. 21,388.48 F. Lee Co, 16,327.74 ArTc, Flumbing Co. 1,476.25 A, Heagler, Engineer. 542.62 A. Heagler 9E2.211 Construction News b9.2 F, Lee Co, 10,260.00 A. Heagler 542,62 A, Heagler 962.24 PUBLIC FROFERTY B('mTD CONSTRUCTION Fabric Fire Hose 966,884.50 Fog Tlozzle International 16.9l~ Gordon Holloway 115.50 Wallin-Dickey-Rich 13,752.00 Goe Electric 289,11 PUBLIC UTILITY BOPTD CONSTRUCTI(~1 A. Heagler Worth James Const. Worth James Const. Worth James Const. 4Jorth James Const. h*ori:h James Const. Choctaw, Inc. W, M. Utility Comm. A, Heagler $6850.00 22,315.49 11,700.00 4,112.09 4,282.40 3,590.22 4,112.61 1,450.25 2, 211, 40 FIRI~~~I ~S P1;NSIOTd & RELIEF FUND T. McGough ~~5;00 W, Murphy Upon the mattez• being called to vote, the voting was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, Foster, rlanchester, Fowers, and Ray. Nays: None. No further business coming before the Council., motion was made by Alderman Bledsoe and seconded by Alderman Ray to adjourn. The vote was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Finley, I•ianchester, Powers, and Ray. Nays: None. ,! ,~ ~=__ i ,~^ l ~ ATTEST: ~~' ~'¢ '"~ ~'l-. ,;~? 2-G.'s1!_, CITY GLERK MAYOR APPROVF;D: JULY 19, 1955