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October 6, 1960MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CF THE CITY CF WEST MEMPHIS, ARKANSAS, -___ FLELD_A_T_.~H~..._~TY~IFlLL_sI1LSAID CSTL' .OhL THE-NTH ilA Y _ jjF (1(`TI:AFR i oFn,_8-T~_..OQ..-$-~a_..____ The City Council of the City cf 1Vest Memphis, Arkansas, met in regular session in the City of West hiemphis at 3:00 o'clock P.M„ on the 6th day of October, 1960. The following were present: Mayor Howell B. Price, Aldermen: R, E, Eden, J. L. Lackey, R. H. Ray, Jr., L. E. Roleson, C. H. Rowton, Y, G. Sims, and R. C, Bowie; and City Clerk Charles F. DeGraff. Absent: Alderman C, I, Bollinger, and City Attorney W. H. Dillahunty, It being determined a quorum was present, the following proceedings were had to-wit: Minutes cf Council Meetipg on September 15, 1960, were approved as read, hfayor Price informed the Council Notice Tc Bidders for the construction r,f two fire stations and additions to the city jail had been published in the Evening Times on September 16th and 23rd, All bids having been presented in accordance with the Notice, the bids were opened by Architect W, H, Lane as follows: JAIL FIRE STATIONS BASS BID BASE ALTERNATE ADD GENERAL CONTRACT Heath & Scarbrough $4,468 00 Claude R, Irwin ¢47,982, , 3 976 OU James H, Taylor $46,662,00 50,084 , , 2 800 00 Boy Hubbard 41,777.00 , 64,444, , . 3,400.00 HEATING & AIR CONDITIONING Stephens Bros. $ 4,118,00 7,259, $425 00 Midsouth Gas Assoc, Southern Industries 8,721. , 442.00 E,13G. 58,8.00 PLUMBING W. N, McCoy 13,424,00 ELECTRICAL Goe Electric 1,956.00 7,842. 743.00 JAIL FIRE STATIONS COMBINED COMBINED ALTERNATE BID $60,967.00 $69,424 61,750,00 After discussion, motion was made by Alderman Ray, seconded by Alderman Roleson: That the bids be taken under advisement, and the Mayor appoint a committee to assist the Architect in studying the bids. Upon vote, the following voted: Aye: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie. Nay: None. 6layor Price appointed Aldermen Eden, Roleson, and Rowton tc serve on the committee. Alderman Itay moved, seconded by Alderman Lackey; That the committee appointed to study the bids be authorized to award the contracts for the construction cf jail addition and fire stations, Upon vote, the following voted: Aye: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie. Nay: None. Mr, C, B, Senhausen informed the Council plat of Scott-Senhausen Subdivision aoproved on September 15, 1960, had a number of lots platted incorrectly so that the backs of some houses faced other houaes, and the mistake had been corrected and requested permission to substitute the corrected plat for plat aoproved on September 15, 1460, After discussion, motion was made by Alderman Ray, seconded by Alderman Lackey; That corrected plat of Scott-Senhausen Subdivision be substituted for plat approved on September 15, 1960, Uoon vote, the following voted: Aye: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie. Nay; None. Bill of Assurance:for Scott-Senhausen Subdivision was read by City Clerk Charles F. DeGraff as follows: BILL GF ASSURANCE PART A, PREAMBLE KNOW ALL MEN BY THESE PRESENTS: That Fred L, Scott and C. B, Senhausen hold title to the following described zeal estate, situated in the City of West Memphis, in Crittenden County, Arkansas: A parcel of land lying in the east half (E?) of the East Half (E}) of the Southwest Quarter (S W;) of Section Twelve (12), Township Sic <6) North, Range Eight (8) East, described as follows: Beginning at a point 1,265 feet south and 20 feet west of the center of Section 12, Township 6 North, Aange 8 East, thence west 610 feet to the east line of Pearce Street, thence south along the east line of Pearce Street 990 feet to a point, thence east 610 feet to a point in the west line of Avalon Street which is 20 feet west of the center of Section 12, Township 6 North, Range 8 East, thence north along the west line of Avalon Street 990 feet to the point of beginning, subject to rights ~f way and easements for streets, utilities and drainage canals. 50. PART B. AREA CF APPLICATION B-1, FULLY-PRGTECTED RESIDENTIAL AREA, Fully protected single family residential area covenants in Parts C and E shall apply to all of said lots and blocks. PART C, RESIDENTIAL AREA CGVENANTS C-1, LAND USE AND BUILDING TYPE - CLASS A RESIDENTIAL, All of said lots shall be used for residential purposes and the provisions, conditicns and covenants herein shall apply to all of said lands, 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, ARCHITECTURAL CGNTROL, 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, cr by such other body or bodies created by said City of West Memphis to assume the function of that body, and by the Architectural Commission as to harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, Approval shall be as provided in part D. C-3. DWELLING COST, QUALITY AND SIZE, No dwelling shall be permitted on any lot at a cost of less than 58,000.00 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 date these covenants are recorded at the minimum cost stated herein fcr the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of open porches and garages, shall be not less than 800 square feet, C-4. BUILDING LGCATION, 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 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 on a lot to encroach upon another lot. C-5. LCT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than fifty (SO) feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 7,000 square feet. C-5, EASEDIENTS, 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-7, 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, 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 shall be displayed to the public view on any lot except a sign of not more than five (5) square feet advertising the property for sale of rent, or signs used by a builder to advertise the property during the construction and sales period, C-10, SIGHT DISTANCE AT INTERSECTIONS, 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 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 remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines, PART D. ARCHITECTURAL CC'Mh1ISSI0N D-1, MEMBERSHIP, The Architectural Commissicn is composed of Fred L. Scott, C. B. Senhausen, and Ruth S. Senhausen, all of West Memphis, Arkansas, A majority of the Commission may designate a representative to act for it. In the event cf death or resignation of any member of the Commission, the remaining members shall have full authority to designate a successor. Neither the members of the Commission, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant, At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the Commission or to withdraw from the Commission or restore to it any of its powers and duties. D-2. PROCEDURE, The Commission's approval or disapproval as required in these covenants shall be in writing. In the event the Commission, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with, PART E, GENERAL PROVISIONS E-1. TER61, These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a periodof twenty-five (25) years fmom 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 majority 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 ownership. E-2. ENFORCEMHNT, Enforcement of the covenants herein shall be by proceedings at law or in equity to restrain a violation or to recover damages against any person or persons violating or attempting to violate theprovisions hereof, E-3, SEVERABILITY, Invalidation of any one of these covenants by judgment er 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 Fred L. Scott and C. B. Senhhusen and Ruth S, Senhausen, wife of the said C, B, Senhausen, have hereunto subscribed their names on this day of October, 1960. Fred L, Scott C. B, Senhausen Ruth S, Senhausen ~** Motion was made by Alderman Roleson, seconded by Alderman Eden: That the Bill of Assurance as presented be accepted and filed. Upon vote, the following voted: Ayes: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie. Nay: None, A committee from American Legion Post 412 requested permission to sponsor a carnival owned and operated by Midway of Mirth Carnival at 13th and Polk, the proceeds to be used for activities of the Legion. The Council was informed the Carnival would net be operated on Sunday, Thereupon, Alderman Lackey moved, seconded by Alderman Sims; That the American Legion Post 412 be granted permission to have carnival upon payment of proper license, Upon vote, the following voted: Ayes: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie. Nay: None. Alderman Eden brought to the Council's attention the National Municipal League Convention will be held in New York City November 26 through December 2nd, and it will be necessary to make reservations if Mayor Price is tc attend the Conveticn. After discussion, mction was made by Alderman Lackey, seconded by Alderman Eden: That Mayor Price be authorized to attend the Convention. Upon vote, the following voted: Upon vote, the following voted; Ayes: Aldermen: Eden, Lackey, Ray, Roleson, Rowton, Sims, and Bowie, Nay: None, Alderman Lackey requested information on obtaining a left turn signal added to the light at Broadway and Ingram due to the amount of traffic. Mayor Price advised the Council it would be necessary to have an additional lane for traffic turning left and there was not sufficient right of way for the lane, however, he would investigate the matter. There being no further business, the meeting eas adjourned, A~ ~`~j7Z CITY RK ''., ~- ~~~ ~~ _ MAYOR APPROVED: OCTGBER 20, 1960