2361 ORDINANCE NO. 23(o 1
AN ORDINANCE TO AMEND AND CORRECT CHAPTER 2.45 OF THE
WEST MEMPHIS MUNICIPAL CODE REGARDING THE POSITIONS
OF CITY CLERK AND CITY TREASURER, AND FOR OTHER
PURPOSES.
WHEREAS, Ordinance 1565 of the City of West Memphis, was passed by the West
Memphis City Council in 1992 with the intent of combining the positions of City Clerk and City
Treasurer and repealing any conflicting ordinances and Ordinance 1565 was subsequently
codified as Chapter 2.45 of the West Memphis Municipal Code; and
WHEREAS, as result of litigation in Burroughs v. Ingram, 319 Ark. 530, 893 SW2d 319
(1995) the Arkansas Supreme Court determined that Ordinance 1565 was invalid as it was not
properly passed and adopted and never became effective; and
WHEREAS, the invalidation of Ordinance 1565 resulted in any conflicting ordinances
having never been repealed and the prior ordinances remaining in effect; and
WHEREAS, Chapter 2.45 of the West Memphis Municipal Code should be amended
and corrected to reflect the continuation of thep rior ordinances with such amendments as are
made herein; and
WHEREAS, the City Council of the City of West Memphis finds that the appropriate
annual salary for the position of City Clerk should be $6,000.00;
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS, THAT:
SECTION 1. Section 2.45.010 of the West Memphis Municipal Code is hereby
amended and corrected to read as follows:
There is hereby created and established the office of the City Clerk.
SECTION 2. Section 2.45.020 of the West Memphis Municipal Code is hereby
amended and corrected to read as follows:
The City Clerk shall have the custody of the corporate seal and of all papers and
records of the city, attend all meetings of the City Council and keep a correct
record of all its proceedings, and of all rules, ordinances and regulations which it
may adopt or pass, in suitable books kept for that purpose. He shall keep his
office at the City Hall and the same shall be kept open at all seasonable hours as
determined by the City Council. Copies of all papers filed in his office, and
transcripts from all records of the City Council, certified by him under the
corporate seal, shall be evidence in all courts as if the original were produced. He
shall file in his office all chattel mortgages, chattel notes and other contracts, and
perform all things incident thereto as required by law.
He shall draw and countersign all orders on the treasurer in pursuance of any order
or resolution of the City Council, and keep a full and accurate account thereof. It
shall be his duty to keep regular books of account in which he shall enter all
indebtedness of the city, and which shall at all times show the precise financial
condition of the city, the amount and number of bonds, orders, certificates or other
evidences of indebtedness outstanding, and the amount of each which have been
paid and redeemed; to countersign all bonds, orders or other evidence of
indebtedness of the city, and to keep accurate accounts thereof together with a
complete copy of all such bonds, to whom issued, for what purpose and where
payable, and the rate of interest they bear, and the date of payment thereof. All
claims and demands against the city, before they are allowed by the City Council,
shall be fully itemized and verified by the oath of the claimant or by some one in
his behalf, and shall be filed in the office of the City Clerk.
He shall collect all moneys due the city, except as otherwise provided by the
general laws of this State, or by resolution and direction of the City Council,
keeping an accurate account thereof under such regulations as the council may
adopt, and shall, within twenty-four hours after receipt thereof, deposit the same
with the City Treasurer, excepting that when Sundays and legal holidays
intervene, the same shall be deposited on the next business day. It shall be his
duty to make the City Council, at the first meeting in each month, a detailed report
of the financial condition of the city, and he shall report to the City Council
annually, at the close of each year, a detained statement of the receipts and
disbursements for the year accompanied by the cancelled vouchers arranged in
order for ready examination and reference together with a detailed statement of
the outstanding bonded and floating indebtedness showing to whom payable and
when due ,at such time as may be determined by this ordinance. It shall be his
duty to examine all the reports, books,papers, vouchers and accounts of the City
Treasurer, and from time to time he shall perform such other duties as the City
Council may direct, and such as are required by law.
SECTION 3. Section 2.45.030 of the West Memphis Municipal Code is hereby
amended and corrected to read as follows:
The City Clerk shall have the custody of all the e�'�s and ordinances of proceedings of the cothecilt and
shall be required to submit, annuall
and shall keep a regular and correctjournal
a full report and a detailed statement of the
s
y,
financial condition of the city, showing receipts taeP rt t be subisbursements mitted to the City
balance on
hand,together with all liabilities of they, h
Council in open session. Treasurers and Colldeu�°es as may be required by the
rs shall be required to make
similar reports, and shall perform such other
ordinances of the city.
SECTION 4. Section 2.45.040 of the West Memphis Municipal Code is hereby
amended and corrected to read as follows:
The City Council shall cause to be provided for ts Clerk's around the miargin theseal,
words
in the
center of which shall be the name of the city and
cates
"City Clerk,"which seal shall be affixed to all transcripts, orders or thenticate under the provisions this
which it may be necessary or proper to auficates and
act, or of any by-law or ordinance of the cityy the ou°r all attested it the same feersishall be paid as
transcripts, other thans forse o similar eredservices
are allowed county clerk
SEC�N 5. Section 2.45.050 of the West Memphis Municipal Code is hereby
amended to read as follows:
The annual salary for the City Clerk shall be $6,000.00.
SEC 6. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
PASSED AND APPROVED this__a_day of a,•
201
WILLIAM H. JO SON, MAYOR
ATTEST:
Y CLERK
__PHILIP PA ,