Loading...
September 15, 19555~ e MINUTES OF A REGULAR MEETING OF TILE CITY COUPICII, OF THE CITY C1F WEST MEMPHIS, _ ARKANSAS, HAD AND I~LD ON SEPTEMBER 15, 1955• __ .: _ ___ ~ - _ ~~ ,. _ The Council of the City of Weat Memphis met in a regulax session at the City Hall in said City at 3:00 F.M. on the 15th day of September, 1955. The meeting was called to order by the P•4ayor, 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, Curtis Foster, P. B. Powers, and R. H. Ray, Jr.; City Attorney Atlee Harris and City Clerk J. E. Himes. Absent: Alderman A. R. Manchester. It being determined a quorum was present, the following proceedings were had to-wit Minutes of Council Meeting on September 1, 1955, were read and there being no corrections or alterations they were approved as read. T. A, Walker and Earnest James appeared before the Council in behalf of American Legion Post li12 of West Memphis to request permission for a carnival to be operated on vacant lots owned by the American Legion Post near S. 13th Street and Polk Avenue. After discussion of the operation of the carnival, Mayor Price recommended that the members of the American Legion Post secure signatures of surrounding residents stating they had no ob3ection to the location of the Carnival, and the matter of license be referred to the City Attorney, and the Chief of the Fire Department be consulted as to requirements of the City as to providing fireproof tents, etc. A plat of Avalon Heights Extension recommended for approval by the Planning Commission was presented. City Engineer Howell informed the Council the Plat meets requirements of City Ordinances with the exception of over-length of one block that backs up to the Hayou that was in excess of maximum lengths for blocks as provided by Ordinance of the City. After discussion, motion was made by Alderman Ray and seconded by Alderman Bledsoe; it'hat the Plat of Avalon Heights Extension be approved. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Nays: None. The recommendation of the Planning Commission for zoning Avalon Heights Extension as follows: Lots 17-31, Block I.O; Lots 1-17, Block 15 as "D" Commercial; Blocks 1, 6, 7, 8, 9, Lots 1-16 Block 10; Block 11, ]2, 13, and ]~ as "A" Single Family residential was brought to the Councils attention, and the City Cleric instructed to have Ilotice of Hearing published for 3:00 P.M. October 6, 1955. The following Bill of Assurance for Avalon Heights Extension was presented: BILL OF ASSURANCE PART A. PREAMBLE KP10W ALL I4EN BX THESE PRESEfITS: THAT GUARANTY LGAN AND REAL ESTATE COMPANY, a Corporation, holds title to the following desctibed lands situated in Crittenden County, Arkansas, to-wi.t;: The West Half (W2) of the Northwest Quarter (NWT) of Section Twelve (12 ), Township Six (6) North, Range Eight (8) East, lying North and West of the center line of Ten-Mi.le Bayou, and Lots Four (Li) and Thirty-One (31), Block Nine (9), and Lot Five (5), Block Ten (10) lying partly in Avalon Heights Addition and Avalon Heights Extension. The Grantor herein has caused said ].ands to be surveyed, subdivided and laid out into lots and blocks, streets, drives, avenues and parkways. Said subdivision has been named and shall henceforth be known and designated as Avalon Heights Extension to the City of West Memphis, Arkansas. Said Avalon Heights Extension contains ten (10) blocks designated Six (6) to Fifteen (15) both inclusive, which are extensions of the lots and blocks of Avalon ffieights Addition located in the East Half (E2) of the Northwest Quarter (NW4~ of said Section Twelve (12) and additional lots and blocks located in the West half (W ) of the Northwest Quarter (NWT) of said Section Twelve (12). The grantor has executod a plat showing the location of said blocks and the numbers and dimensions of the lots in each of said blocks. Ths 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 Book at page of the records in the Office of the Circuit Clerk and Ex-Officio Recorder wit ii.n and for Crittenden County, Arkansas. i ~~ 4'-~~ PART B. AREA OF APFLICATION B-l. FULLY PROTECTED RESIDENTIAL AREA Fully protected single-family residential area covenants in Parts C and E shall apply to all. of said lots and blocks except Lots ]_7-31 both inclusive, Block 10, and Lots 1-17 both ine7.usive, Block 15. PART C. BESIDENTTAL AREA COVENANTS C-1. LAND iTSE AND BUI7~ING TYPE - CLASS A RESIDENTIAL All of said lots shall be used for residential purposes, except Lots 17-31 both inclusive, Blocl: 10, and Lots 1-17 both inclusive, Block 15, and the provisions, conditions and covenants herein shall apply to all of said lands, except said Lots 17-31 both inclusiv®, Block 10, and Lots 1-17 both inclusiv®, B].ock 15. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one- half stories in height and a private garage for not more than two cars. C-2. ARCIiI17;CTURAI, CONTROL No building shall be erected, placed, or altered on any lot until the construction plans aid 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 rlemphis to assume the function of that body as to harmony of external design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to a~yr street than the minimum building setback line unless similarly approved.. C 3. DWELLING C06T, QUALITY AND SIZE No dwelling shall be permitted on any lot at a cost of less than ~'>f3,000.00 based upon cost 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 data these covenants ale recorded at the minimum cost stated Herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of open porches and garages, shall be not leas than 720 square feet. C-!~. BUILDING LCCATICN No building shall be located on any lot nearer than twenty-five (25) feet to the front lot line or nearer than fifteen (15) feet to any side street line. No building shall be nearer than five (5) feet to any 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, opon 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 upon another lot. C-5. EASEI~NTS Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet of each lot. C-6. LOT AREA AND WtDTIi No dwelling shall be erected or placed on any lot having a width of less than fifty (50) feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of leas than 7,000 square feet. C-?. NUISANCES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood. C-8. TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garag®, barn or other outbuilding shalt be used on any lot at any time as a residence, either temporarily or permanent7.y. C-9. SIGNS No sign of any kind shall be displayed to the public view on anp lot except a sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a buildbr to advertise the property during the construction and sales period. 5~ C-10. PROTECTIVE SCREENIAiG Protective screening area is to be established along the south aide of Lots 1-16, Block 10; along the West side of Lot 16, Block 10; the Weat aide of Lots 18 and 19, Block 9; and the South side of Lota 11.:, 15, 16 and 17, Block ].1~. Except as otherwise provided herein regarding street inter9ections under "sight Distance at Intersections", planting, fences or walls shall be maintained throughout the entire length of such areas by tho ownor or owners of the lots at their own expense to form an effective screen for the protection of the residential area. No building or structure axcopt a screen fence or wall or utilities or drainage facilities shall be placed or permitted to remain in such area, No vehicular access over the areas shall be permitted exoept for the purpoao of installation and maintenance of screening, utilities and drainage facilities. C-11. SIGHT DISTANCE AT INTERSECTIONS No fense, 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 at~y 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 street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same eight line l;mitations aha7.1 appBly 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 remain within such distances of such inter- sections unless the foliage line is maintained at sufficient height to prevent obstruction of such eight lines. PART D. GENERAL PROVISIONS - COMMERCIAL ZONE D-1. LEND USE- CLASS D COMMERCIAL ZONE Lots 17-31 both inclusive, Block 10, and Lots 1-17 both inclusive, Block 15, are hereby designated as a Class D Commercial Area in accordance with the zoning ordinances of the City of West Memphis; the improvements to be constructed thereon, the location and use thereof, to be in accordance with said zoning ordinances of said City of West Memphis. PART E. GENERAL PROVISIONS E-1. TERM These covenants are to run with the land and shall be binding on all parties and all persona claiming under them for a period of twenty-fine (25) gears from the date these covenants are 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 ma3ority of the property based on front foot ownership, it is agreed 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 ownerhip. E-2. ENFORCEMETIT Enf orcement of the covenants herein shall be by proceedings at law or in equity to restrain a violation or to recover damages against arty pex•son or persons violating or attempting to violate the provisions hereof. E-3. SEVERIIBILITY Invalidation of any 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 effect. IN TESTIMONY WHEREOF, the said GUARANTY LOAN AND REAL ESTATE COMPANY, a Corporation, has caused this instrument to be signed by its President, attested by its Secretary, and its corporate seal to be affixed this day of September, 1955. GUARANTY LOAN AND REAL ESTATE COMPANY, A CORPORATIC1f1 By _ ac is , res en ATTEST: Gene Dickson, ecretary City Attorney Atlee Harris informed the Council the Bill of Assurance was in conformity with regulations of the City. Thereupon, motion was made by Alderman Powers and seconded by Alderman Ray: That the Bill of Assurance for Avalan Heights Extension be approved. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Nays: None. J~~i Mayor Price informed the Council the Planning Commission on September 8, 1955, had recommended. the zoning of Wheeler Addition as follows: Blocks 10, 11, ?'?, and PIS of Block 18 as "D" Commercial. Blocks 1, 2, 3, !i, 5, 6, 7, 8, and 9 as "G" Industrial. After discussion the date of hearing was set for 3:00 P.M. October (, 1955, and the City Cleric instructed to have Notice of Fiearixtg published. An ordinance entitled "An Ordinance To 7.one; The Fractional North Half (Fr1.Nz) of the Plortheast Quarter(NE4) of Section Eight (8), ToVmship Six (6), North, Range Nine (9) East, 6dest of Ten P4ile Bayou, containing 31.5 acres more or less in the City of West Msmphis, Arkansas, was read the second time. P~Fotion was made by Alderman Finley and seconded by Alderman Foster: That the 2nd reading of the ordinance be approved. Upon vote, the voting was as follows Yoas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. IJays : None . An ordinance entitled "An ordinance to zone the Fractional North Ha:Lf (Fr1.PIa) of the Southeast Quarter (SE4) of Section One (1), To~mship Six (o) PJort}t, Range Eight (8) East, .Ding vast of the center line of Avalon Street extended Pdorth from its oint of intersection with the South line of the North Half (N~) of the Southeast Quartet (SE~) of Section One (1) in Crittenden County, Arkansas, as a "D!~ Commercial District" was read the third time, Alderman Bollinger, moved the third reading be approved, and the motion was seconded by Alderman Eden. Upon vote, the voting was as follows: Yoas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Plays : IQ one . The P4ayor then declared that the ordinance had been duly passed, and thereupon he signed the ordinaztce in open Council meeting, his signature was attested by the City Clerk under the seal cxf the City. Said ordinance to which no amendment was offered read as follows: ORDINAPICE N0. 308 AN OiI.DINANCE TO ZCNE THE FItACTICNAL NORTH HALF (~1. Nz) OF THE SOUTHEAST QUARTER (SEA) OF SECTIdfI CNE (1), TOWNSIiIP SIX (6) NORTFi~ RANGE EIGHT (8) EAST LYING EAST OF THE CENTER LINE OF AVAL(7N STREET EXTENDED PICRTH F'FtOM ITS POINT OF INTERESECTICN WITH TFIE SOUTH LINE OF TIIE NORTII HAIL' (N2) OF TFiE SOUTHEAST QUARTER (SE4) OF SECTI~I ONE (1) IN CRTTTENDEN COUNTY, ARKAPISAS, AS A "D" COP7T4ERCIAL DISTRICT. WHEREAS, notice was du]y published on the 21st day of July, 1955, that a hearing before the City Council at 7:30 p.m. on Tuesday, August 16, 1955, for the purpose of hearing all interested parties in convection w3.th the zoning of said lands hereinafter described. WHERr~AS, at said meeting it was requested that said lands be zoned as follows: The Fractional North Half (Frl.N~) of the Southeast Quarter (SE4) of Sect3.on One (1), Totmship Six (6) North, Range Eight {8) East, lying East of the center line of Avalon Street extended North from its point of intersection with the South line of the north Half (N2) of the Southeast Quarter (SE4) of Section One (1), in Crittenden County, Arkansas, to be zoned as a "D" Commercial District and WHEREAS, no persons appeared to protest against zoning of said lands and the council finds that said lands should be zoned as requested, now therefore, BE IT ORDAINED BY TFIt: CITY COUNCII, OF THE CITY OF WEST MEi<4'HIS: SECTION 1. "D" COMMERCIAL, DISTRICT: That the following lands, to-wit: The fractional north Half (Fri. N2) of the Southeast Quarter (SE4) of Section One (1), Township Si:c (6) North, Range Eight (8) East, lying East of the center line of Avalon Street extended Dlort}t from its point of intersection with the South line of the North Half (N?) of the Southeast Quarter (SE4) of Section One (1), in Crittenden County, Arkansas, be and the same are hereby zoned as a "D" Commercial District. SECTICIN II. ORDINANGE IN CONFLICT IIERI'WITH REPEALED: All Ordinances, or parts of Ordinances in conflict heretl3.th are hereby repealed. SECTION III. COPY OF ORDINANCE FILED FCR RECORD: A copy of this ordinance, when duly certified by the City Clerk sha_11 be subject to being filed in the office of the Circuit Clerk and Ex-officio Recorder within and for Crittenden County, Arkansas, for record. ENACTED AIID ORDAIPIEll BY the City Council of the City of West Memphis, Arkansas, this 15th day of September, 1955. ~Ca - ~i The following Estimates were presented: Wallin-Dickey & Rich -Estimate No. 1 for Utility Office ~G13,256.7u Worth James Construction -Estimate No. 9 for 13th Street Sewer 3,979.58 A. E. Heagler - Engineering Services - Hulbert Area 2,359.73 Motion was made by Alderman Powers and seconded by Alderman Ray: That the estimates presented be approved. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Fowers, and Ray. Nays: None. Mayor Price informed the Council the Utility Commission had voted to change their time of meeting from 7:00 P.M. to 3:00 P.M, on the 2nd Tuesday of each month, and desired approval of the Council. The matter was discussed and motion made by Alderman Ray and seconded by Alderman Finley: That the change of meeting time of the Utility Commission be approved. The voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Plays: None. Player Price brought to the Council+s attention it would be necessary to secure a grant from the Utility Commission for the City General Fund in the amount of $20,000. After discussion, motion was made by Alderman Ray and seconded by Alderman Bledsoe: That the Utility Commission be requested to grant to the General Fund the sum of b~;20,000. Upon vote, the voting was as follows: 'Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Nays: None. Building Inspector presented report of Building from September 1 to September 15 as follows: Application Denied: Dewey Taylor, 2010 Jackson -Reason: Zoning Applications Approved and Permits Issued: Bill Manning Modena Sanders Della Mae Wiley Mecy Sdallice W. B. Fatten W, L. Edwards Church of God Ben Klinke Motor Co. bleat View Realty Co. it n Louis Evans Walter Jones Pentecostal Church of God Motion tires made by Alderman Finley and seconded by Alderman Powers: That the report of Duilding Inspector Perrino be approved. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray. Nays: Nona. City Attorney Atlee Harris reported on action taken to date to obtain Special Census and reply from Director of Census giving costs, etc. After discussion, motion was made by Alderman Ray: That the Mayor and City Attorney be granted authority to enter into Agreement with Census Dureau and expedite the obtaining of a Special Census for West Memphis at the earliest possible date. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Powers, and Ray, Nays: None. The dust problem on heavily traveled gravel streets was discussed, and it was the consensus of opinion that the cost of oiling the streets at this time of the year would be prohibitive in comparison to the benefits derived, and the City~s water wagon would be of benefit if operated on S. 8tli Street, S, 18th Street, S, Missouxi Ave., and Barton Street between Redding and Avalon. Thereupon, City Engineer James M. Howell was instructed to have the water wagon operated on the streets night and/or day that would provide the best results. ~~~- Alderman Ray requested the Council consider the parking problem along Broadway. After a full discussion of the City~s control of the property between the highway and the sidewalks, a plan was formulated whereby the City would prepare agreements with owners to grant authority to the C9_ty of West Memphis 'to control parking between Highway No. 70 and the sidewalk, and the I Chief of Police be instructed to contact all property owners in the area between the Tntersection of Highways 6]. and 70 and the Frisco Railroad crossing. i Mayor Price advised the Council the dev@opers of new subdivisions in West Memphis are I anxious to have an opinion of the Council on the reducing of street widths in residential areas from 31 feet to 27 feet in order that the streets might be paved rather than blacktopped. After ~' discussion. the mat$~+r was referx•ed to the Planning Commission for study. ,I No further business coming before the Council, motion was made by Alderman Dledsoe and seconded by Alderman Finley to ad~oux•n. Upon vote, the voting was as follows: I, Yeas: Aldex•men: Bledsoe, E3ollinger, Eden, Finley, Foster, Powers, and Ray. Nays: None. / / PfAYCHt G ATTEST: ~ ,,gc.a,/ _ ~~~GTTY CLERK APPROVED : '? ~ ~ , !'