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ORDINANCE N0.
AN ORDINANCE TO REPEAL INITIATED ACT ENTITLED,
"that the West Memphis Police Department
be granted Parity Pay with the Police
Department of the City of North Little Rock",
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS Amendment No. 7 of the Constitution of the
State of Arkansas, provides that to prevent giving effect
to any Petition passed by the majority of the electors
at the General Election, the burden of proof is upon the
person or person(s) attacking the validity of the Petition;
and,
WHEREAS, at the November 6, 1984 General Election, an
Initiated Act, entitled, "THAT THE WEST MEMPHIS POLICE
DEPARTMENT BE GRANTED PARITY PAY WITH THE POLICE DEPARTMENT
OF THE CITY OF NORTH LITTLE ROCK," did pass by a majority
vote of the electors of the City of West Memphis; and,
WHEREAS, Amendment No. ? of the Constitution of the
e of Arkansas stated such measures shall be operative
St at ,
on and after the 30th day of the election at which time it
was approved; and,
WHEREAS, Article 12, Section 4, of the Constitution
of the State of Arkansas, and Amendment No. 7 of the
Constitution of the State of Arkansas, states that no
Municipal Corporation shall be authorized to pass any law
contrary to the General Laws of the State; and,
WHEREAS, it is provided by State Law that a City's
Legislative Body is to fix the number and salaries of the
employees; and,
WHEREAS, Amendment No. 7 of the Constitution of the
State of Arkansas provides that no measure approved by the
"' vote of the people shall be amended or repealed by any .City.
Council except upon a "YEA" or "NAY" vote on Roll Call of
two-thirds (2/3) of all members elected to the City .Council;
pip C1IY t~F_RM'`
~~;~ ~~; 1984
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THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. It is hereby declared that the Initiated
Act, entitled:
"that the West Memphis Police Department
be granted Parity Pay .with the Police
Department of the City of North Little Rock",
which act was approved at the November 6, 1984, General Election
in the City of West Memphis, Arkansas, is hereby repealed for
the reason that any local legislation which is contrary to the
laws and Constitution of the State of Arkansas is prohibited.
SECTION 2. Any attempt to take away .the powers of the
City Council to set the salaries of City Employees by a local
Petition is an effort to legislate which cannot be delegated
and bargained away.
SECTION 3. Amendment No. 7 to the Constitution of the
State of Arkansas, provides that no Initiated Act may be
amended or repealed except upon a "YEA" and "NAY" vote on Roll
Call of two-thirds (2/3) of all members elected to the City
Council.
SECTION 4. Emergency Clause. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that to establish Parity Pay with the North Little Rock
Police Department would create a severe financial burden on the
City of West Memphis, Arkansas, therefore, an emergency is
hereby declared to exist, and this Ordinance being necessary for
the preservation of the public peace, health, safety and welfare
of the City of West Memphis, Arkansas, shall beco tive
immediately upon its passage and approval.
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ASSED AND APPROVED this day ~~ V ~ ,
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