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May 18, 1961 t~~iINUTES ~?F A RE;UL1R .!EETI\~~; tiP H: :'ITY CCUidCIL CF TIL2 CITY OF 'VEST °cA~inHIS, :;RK;4i?SAS, GELD AT THn CITY HALL ID' SAIL I CIJ H)i 18TH JAY 6F ~L4Yi_ L61__LT 3 0~ p.:.i. The City Council of the City of ';Vest t•iemphis, Arkansas, met in regular session in the City pf tVe st ;'lemprris at 3:00 o'clock ~'. i~l. on the 18th day of Diay, 1461. The following were present: aldermen: Earl Felts, J. F, Lackey, L. E, :plesen, C, ii, Rowton, Y. G. Sims, u. I. Bollinger, and R. C. Bowie; and City Attorney :V. H. Dill ahunty. Absent: Alderman: R. ;:. Eden. It being determined a quorum was present, the following proceedings were had to-wit: iNinutes of Council lo;eetinP on flay 4, 161, were approved as read. 'daycr Price informed the Council ire had received recommendation from the Utility Commission that Charles J. Upton and Beverly J. Lambert, Jr „ be reappointed as Commissioners. After discussion, mption was made that Charles J. Upton ire reappointed for a term of five wears from the expiration of his term in accordance with Ordinance iJo. 381, The motion was seconded by alderman Roleson. Upon vote, the voting was as Poll pews: Aye: Aldermen: Felts, Lackey, Roleson, o:vten, Sims, Bollineer, 3owie, ;Jay: None. ~;otion was made by Alderman 3ollinger, seconded by r'.Lderman Roleson that: , Beverly J. Lambert, Jr., be reappointed as a ~eember of the Utility =-ommission for a term of five years in accordance with Ordinance Nc. 381. Upon vote, the votin[~ was as follows: Aye: ;1l dermen: Felts, Lackey, :2oleson, Rowton, Sims, 6ollin Per, Bowie. Nay: :Done. :1n ordinance entitled ":in Ordinance ;annexing '.V'i41 of Section 8 :1nd The East 273 Feet of The :. "~_ Cf Section 7, Ali In Township 6 North, Range 4 East, LyinP worth of Ten-FfileBayou And South of Hi,Phway pl ..^.iPirt C}f ':'day, Contair.inP 147.46 Acres, To The City Of '•Ve st Flemphis, Crittenden County, ;r'c ansas," read the first time ur, ;aay 4th was read in full by Alderman ?owton. :ilderman Sims they mewed that the rule requiring the reading in full of an ordinance on t:rree different days be dispensed with. The motion was seconded by Plderman Lackey and on the roll beinP called the voting was as fellows: aye: aldermen: Felts, Lackey, Roleson, 3owton, Sims, 3ollinger, 3owie. :V ay: None. The bfayor declared that more than t:vo-thirds of the members composing the Council had voted in favor pf the motipn to suspend the rule and that it was carried, Alderman Bowie the^ moved that the ordinance as read he adopted. This motion was duJ.y seconded by Alderman r'elts, and on the roll being called the voting was as follows: Aye: aldermen: Felts, Lackey, :oleson, itowton, Sims, 3o.llineer, Bowie. Nay: None. The ~~ayor declared that the ordinance had been adopted, and then called attention to the fact that Section 2, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman oleson then read Section 2 again, Alderman Rowton moved that Section ;? be adopted. This motion was duly seconded by .Alderman Bollinger, and on roll call the following voted: :,y e: aldermen: r'elts, Lackey, Roleson,.:owton, Sims, 3ollinger, 3owie. Nay: None, The a~iayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed tyre ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. C-13. SIGtIT DISTANCE AT INTERSECTIONS, No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 5 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 an }^ let within 10 r"eet from the intersection of a street property line with the edge of a driveway or alle}' 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, ALTERNATE USES, U-1, In the event Blocks 15, 16 and 17 and Lots 1-16, bet:: inclusive, 91pck 1S, are used as a single-family residential area, then the covenants in Part C sha1.] apply. PART E, DtVELLING COST, QU.4LIT1' AND SIZE OF FIDLTIPL-L.-..^,ESIDENCE G,'^lST".UCTIOAtI E-1, Fiultiple-dwelling units constructed on Bloc'a 15, 16, and 17 and lets 1-16, hot?: inclusive, Block 1S, shall have a minimum floor area of 500 square feet each and a minimum cost of ff5,00~=1,110 for each unit, PART F. GENEIL'\L PRGVISIONS F-1, TER!•:i, These covenants are to run with the land and shall be binding nn all parties and all persons claiming under them for a period of twenty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owa a s of the lots has been reccr?c'', a;reeing to change said covenants in whole or in part. F-2. ENFOREhiENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. F-3, SEVERABILITY, Invalidation of ¢ny one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect, IN TESTIM1;OPIY lhRiEREOF, the said HOLIDAY GARDENS, INC „ has signed its name and affixed its seal this 4th day cf P~9ay, 19b1, HOLIDAY GARDENS, INC, By /s,~ '.E~~Y;NS CJILSON Its President ATTEST: /s/ JACK RENSIiAI~d Its Secretary An ordinance entitled "An Ordinance To Gone Holiday Gardens Subdivision In the City of l9est DSemphis Lying Hod Being Situated In The tV~ l9-'- of Section and the cast 273 Feet Of The Ei E'--: of Section 7, All in Township 6 North, itange 4 east, Lying North Of Ten-ttile Bayou And South of Highway Vi Right Of Way, Containing 147,46 Acres, in Crittenden County, Arkansas" was introduced by ,Alderman Roleson, who moved that the ordinance be read in full, The motion was seconded by Plderman Eden, and upon the question being put and the roll called, the fold ~rrninz voted: rtye: Aldermen: Eden, Lackey, Roleson, .'.oi:~ton, and Sims. IVay: None. There being no further business, motion was made by tU.derman Eden seconded by Alderman ^oleson to adjourn. Upon vote, the vntins was as fnLl.ows: Aye: Aldermen: Eden, Lackey, Roleson, '.owton, and aims. Nay: fvone. _ ~ ~~ tv4YOn ATTEST: . d~~z.,ti~,. x., <-~G-:.-_ CITY CLEyYK- APPROVED: M1iAl' 1€, .19e1 5~ (1RDTNANCR NO_ A05 AN ORDIIJANCE ANNEYING 6V1 ' =- OF SEC^.ION 8 AND THE EAST 273 FEET OF TL]E E1 E'==- OF SECTION 7, ALI. IN TOIVNSHIP b NORTH, RANGE 9 EAST, LYING IJORTH CF TEN-~1ILE BAYCU AND SOUTH OF HLGH'dAY 61 SIGHT OF '.VAY, CQNTAZNING 147,46 AC3ES, TC TL)E CITY 4P ~rEST htEh1PHIS, CRITTENDEPJ COUI7TY, ARk:ANSA S, !NHE3EAS, an the 9th day of February, 1461, owners of the above described ].and filed a petition in the County Court of Crittenden County, Arkansas, for annexation of said land to the City of ~!'est Memphis; pursuant to the petition, the County Court on the 14th day of klarch, 1961, heard said petition a.nd issued its order granting the petition for annexation of said land to the City pf ,Vest t<lemphis; that no objections were filed and on the first day of bIa.y, 1961 (,a day more than 30 days after the original order of annexation), a final order of annexation was entered by the County Court; and '+VHEREAS, it would be to the best interest of the City of SVest M1iemphis and the citizens thereof that said property be annexed to the City of West Memphis; NCW, THEREFORE BE iT ORDAINED HY THE CITY COUNCIL OF THE CITY OF :VEST i~lEhiPHIS: SECTION I: That the following described land, to-wit: ;it '+V1 of Section 8 and th.e East 273 Feet of the it E} of Section r, Ali in Township 6 North, ~anee 9 East, lying north of Ten-~Liile Bayou and south of Highway bl i2ight-of-way, containing 1?7.46 acres, be, and the same is, hereby annexed and incorporated into the City of '~.Ves± ?iemnhis, Crittenden County, Arkansas. SECTION II: Eh'iERGENCY CLAUSE - It is hereby ascertained and declared to be a fact that said land is in the process of development; that the extension or` the city limits represents the natural growth of the City of 'Rest i.lemphis, and that the passage of this ordinance is in theinterest of the public peace, health, safety and welfare of the citizens of SVest Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. SECTION III: COPY OF CP,DINANCE FILED FOR RECORD - A copy of this ordinance, when duly certified by the City Clerk, shall be subject to being riled for record in the Office of the Circuit Clerk and Ex-Gfficio ~2ecorder within and for Crittenden County, Arkansas. '~-~--7 - ~ ' 1 i,, W1YCR ATTEST: L ,. o, ~L{Le cr-ti. ~Z~ •RA ****+,r r~,n ordinance entitled "An Ordinance To Zone Holiday Gardens Subdivision In The City Of Nest ~~temnhis, Crittenden County, ?.rkansas, Lying And 9eing Situated In The 1Vl ',V1 Of Section 3 :and The East 373 Feet Of The E.1 E_. Cf Section 7, All In Township_ o North, Range 9 East, Lying North C-f Ten-Mile Bayou :1nd South Of Fii ehway 61 Right Of 4Jay, Containing 147.46 Acres, In Crittenden County, Arkansas" read the first time nn "gay 4th was read in full by Alderman Helts. Alderman Bowie then moved that the rule reo,uiring the reading in lull of a.n ordinance pn three different days be dispensed with, The motion was seconded by Alderman Bollinger, and nn the roll being called the voting was as follows: Aye: .aldermen: Felts, Lackey, Rolesen, Rotaton, Sims, Bollinger, Bowie. Nay: None. The Mayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried, Alderman Sims then moved that the ordinance as read be adopted, This motion was duly seconded by Alderman Rowton, and on the roll being called the voting was as follows: Aye: Aldermen: Felts, Lackey, Roleson, 3owt on, Sims, Hollinger. Eowie. Nay: PJone. I The Fiayor declared that the ordinance had been adopted, and then called attention ~ to the fact that Section 5, the emergency section, must be adopted upon a separate roll ~ call in order to he effective. ~I Alderman Roleson then read Section 5 again. Alderman Bollinger moved that Section ~i 5 be adopted. This motion was duly seconded by F,Lderman Felts, and on roll call the j following voted: Aye: Aldermen• Felts, Lackey, Roleson, Roa~ton, Sims, Bollinger, Bowie, ' i iJ ay: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was li attested by the City Cleric under the seal or the City. '~ f *ORDINANCE NC•, 407 AN ORDINANCE TO ZONE BLOC1: O1JE (1), LEHR HEIGHTS ADDI'LION TO THE CITY OF 4vEST Yi1:M1;PHIS, G CRITTEIJDEN COUNTY, ARP.ANSA S, ~ BE IT ORDAINED BI' THE CITY COUNCIL OF THE C'IT}' OF WEST hIEhIPHIS: "1• SECTION I: "A" SINGLE-FAh9ILY RESIDENCE DISTRICT: That the fallowing described land, to-wit: II~ Block One (1), Lehr Heights Additio^ to the City of kj West klemphis, and being further described zs follows, to-wit: Lying north of Danner Avenue, south of Cooper Avenue, west of Pearce Street and east of Lehr Street, and containing 10 lots, be, and the same is, hereby zoned as an "A" Single-family Residence District. SECTION II; COPY OF CRDIN.4NCE FILED FOR RECORD: A copy of this ordinance, when ~~ duly certified by the City Clerk, shall be subject to beinh filed for record in the i~ Office of the Circuit Clerk and Ex-Officio i2ecorder within and for Crittenden County, Arkansas, ~ i SECTION III; EMERGENCY CLAUSE: It is hereby ascertained and declared to be a f fact that said land is in the process of development; that two houses have been ~! constructed thereon, and the nassage of this ordinance is in the interest of the ~` public peace, health, safety and welfare of the City of West h'iemohis; therefore, an ~~ emergency is hereby declared to exist, and this ordinance shall be in full force and !~!~ effect from and after its passage and approval, I! ***** ~~ ORDINANCE NO, 406 ~~ i AN ORDINANCE TC'~ ZC!NE HCiLIDAY GARDENS SUBDIVISION IN THE CITY OF 1'~FST hiEMl'FIIS, CRITTENDEN ~ COUIJTY, ARI:ANSAS, L.YNG AND BEING SITUATED IN THE 4V1 W. GF SECTION ~ .AND THE :AST ?73 FF°T OF TrIE E1 E), OF SECTION 7, tILI. IN TOI^1NSHIP 6 NORTH, RANGE p EAST, LYING NORTH CF TEN-MILE ~~ BAYOU AND SOUTH OF HIGH[VAY 61 RIGHT OF WAY, CONTAINIh!G 147, 46 dC".ES, Iti CRL : ENDEIJ OUA'TY, (j ARi:ANSAS, ~I i; BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF 1dP.ST' P7EbIPHIS: III SECTIIIN I: "A" SINGLE-FAidILY RESIDENCE DISTRICT: That the following described land. to-wit: Blocks One to Fourteen (1-14) both inclusive, Holiday Gardens Subdivision in the City of 4vest Memphis, be, and the same is, hereby zoned as "A" Single-family Residence District. SECTION II: "C" MULTIPLE-FAMILY RESIDENCE DISTRICT: That the following described land, to-wit: Blocks Fifteen (15), Sixteen (ln) and Seventeen (1') and Lots One to Sixteen (1.-16) both inclusive in Block Eighteen (18), Holiday Gardens Subdivision in the City of West Memphis, be, and the same is, hereby Zoned as "C" Multiple-family Residence District. SECTION III: '.~ CChii~LRCIAL DISTRICT: 'Chat the following, described land, to-wi*_: All of Block Eighteen (18) except Lots Ch:e tc Sixteen (1-16) both inclusive, Holiday Gardens Subdivision in the City of ;Jest I~~iemphis, be, an, the same is, hereby zoned as ., Commercial ^istrict. ~! ~! * Ordinance copied in error ~~' ~~ SECTION IV: COPY OF C~2DIPIANCE FIL'cD FOR -°.EC03D: ;. cony of this ordinance. when duly certified by the City Cler;=., shalt be sui~ject to he.in.g filed for record in the Office of the Circuit Clerk and Es-i:fficio recorder avith in and for Crittenden County, ~_ricansas. SECTION V; EP~';L'RGENCY CLiaUSE: It is hereby ascertained and declared to be a fact that said 1a.nd is in the ?rocess of development; that the passage of this ordinance is in the interest of the public peace, health, safety and welfare of the citizens of the City of ',pest i•;emohis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and efr"ect from and after its passage and approval. ,.*,r ~+. An ordinance entitled "An Ordinance To ?one Bloclc One (1), Lehr Heights r.ddition To 'the City Gf 'lest ?lernphis, Crittenden County, Arkansas" read the first time on biay 4th was read in full by Alderman Sims. Alderman Rowt on then moved that the rule requiring the reading inrull of an or.diaance on three different days be dispensed with. The motion was seconded by Alderman 2olesen and on the roll being called the voting was as follows: Aye: Aldermen: Felts, Lackey, 2oleson, Rowton, Sims, Bollinger, Bowie. Nay: None. The i~:aycr declared that more than two-thirds of the members comnosinn the Council had voted in favor of the :notion to suspend the rule and that it was carried. Alderman 3ollinger then moved that the ordinance as read be adopted. This motion was duly seconded by r`.lderman Felts, and on the roll being called the voting was ss follows: Aye: Aldermen: Felts, Lackey, ?oleson, Ro[vt nn, Sims, Bol tin:g er, Bowie. .Jay: None. Tile iv;ayor declared that the ordinance had been adopted, and then called attention to the rzct that Section 3, the emergency section, must be adopted un_on a separate roll call in order to be effective. Alderman Eowie then read Section 3 again. Alderman Lackey moved that Section 3 be adopted. This motion was duly seconded by Alderman Sims, a.nd on roll call the followi r.g voted: Aye: Aldermen: Felts, f_ackey, 3oleson, 7owton, Sims, Bollinger, Bowie. Nav: None. The Diayor then declared that the ordinance and the emergency section had been duly passeu, ~nc r=c_r~1 ._ si.,.ned fife prdin-~.rce in r:p~n _"un.~i?. aaeetinr„ his signature was attested by ±he City 'aer}, under the seal of the Citv. A,N Oi:DINANCE 'N ZONL- BLOCt: ONE (1), LEHR HEIGHTS ADDITION TO THE CITY OF 'W'EST 47EFfPHIS, CRITTENDEN COUNTY, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iVEST MEMPHIS: SECTION I: "A" SINGLE-EYSLY ;:ESIDENCE DISTRICT: That the fo.ilowing described land, to-wit: Block One (1), Lehr Heights Addition to the City of ;Vest 6iemphis, and being further described as follows, to-wit: Lying north of Danner Avenue, south of Cooper Avenue, west of Pearce Street and east of Leht Street, and cont anin; 10 lots, be, and the same is, hereby zoned as an "A" Single-i'amily ?esidence District. SECiI Ott II: ":~?Y ~~F ., :D IiJANC.'-'.. FILED NGR 3ECGRD: A copy of this orriinanc e, when duly certified by the ~~ity .a ar;;, shall 'oe subject to ~ein~~ riled for record in tae .. rice of rho Circuit ~_ ~: c: c! ~ __`ic ~ .~ctrde_ ai 2h ,. ..n c. 'r it en,'.en ~:o unty, .~_L _: .-~2 S. ----- ~ I'--'• -~~-~ - ..-.- it is ereby ascertained and declared to be a fact that said land is in the process of development; that two houses have been constructed thereon, and the passage of this ordinance is in the interest of the public peace, health, safety and welfare of the City oT West ?lemphis; ±herefore, an emergency is herebv declared to exist, and this ordinance shall be in full farce and effect :rpm and after its oassaQe and approval.