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119. .~~ ~~, 'tir.~ ~~. .. CfftDINANCE N0. ;. 4. Whereas, the City of ZYest Memphis has, according to the private census taken by the City of S'dest DZemphis, more than five thousand (5,000) inhabitants; and, Whereas, the State Hoard of 1!~Zunicipal Corporations has found and declared that said City is entitled to advance frcen City of the second class to a City of the first class and so advances the classification of said City, same being evidenced by a properly prepared and transmitted statment to the Mayor of the City of ~~est l~iemphis by the Governor of the State of Arkansas; and, ~Yhereas, under the Statutes in such cases made and provided, it 1 has became necessary and the duty of the corporate authority of said City to make, enact and publish such Ordinances as shall be necessary to establish and perfect such first class City's organization and government in respect to the election and duties of its officers and to do other things necessary and required to perfect the orderly functioning of such government of a City of the i~irst class; therefore, Be it ordained by the City Council of the City of driest b4emphis: Section l: That on the effective date of this Ordinance as hereinafter set forth, the City of '~1est P:iemphis, Arkansas be, and the same is hereby organized into a City of the first class, ~d shall thereafter be vested with all the powers, rights, prerequisites and prerogatives of a municipal corporation of First class as provided by the Constitution and the Laws of the State of Arkansas Section 2: The elective officers of said City shall consist of the following, all of wham shall be elected and hold office for their respective terms as provided by the Statutes of the State of .Arkansas. A. A ~e~yor, who shall be c'hieP executive officer of said City with such powers, duties and responsibilities as Horst ar ~reafter may apply under the Constitution and Statutes of the State of Arkansas, Ordinances of the City of Y~est Memphis in such eases therein made and provided, especially 'r -2- such ordinances as area cifically amended, impliedly repealed o~ that may be pe inaonsiatant and conflict xith the functions of a city government of the first 50.E class; said Mayor's salary shall be the sum of ~ r month,~xhich sha11 be in full for all emolwnanta of said office. B. A City Clerk, voho shall perform all duties Hour required of and performed by the I~acorder, such additional duties and responsibilities ea none ar may hereafter apply under the Statutes end Ordinances of said City is such ca8as made and provided and xho shall further have the additional duties to issue, c olleat and receive for, sad in the name and by the authority of the City, all such license fees, privilege and occupation te=es and as~r other taxes as are now or may hereafter under the Ordin.ancea of the City of 4~eat Memphis, or Statutes issued, be payable to the City sad collected by the Recorder, the Mayor or other officer oP the City except the Municipal Court Clerk, xho shall be charged xith the duty of collecting tines and forfeitures of the Municipal Court and or authorities of said City ar Statutes requiring suah payment of any ~.auah lines or forfeitures sad any other tees necessary or incident to the operation ad' said Municipal Court. Said City Clerk shall remit all sums collected by him including fees to the City Treasurer sad shall file a detail sopy of such remittance and settlement including Treasurer's receipt xith the Mal+or of said City xhen required by said Mayor, and is any swat for each calendar month and es18 report shall be filed on ar before the first Tueade~y o! each succeeding month for the prior month. He shall before entering upon the duties for each term of office provide a bawd, condition on due and taith- tul performance of all duties of said office and for the proper accounting of o all tund$ that may some to him is the sum of ~ ~j,b Q,0~ xith surety thereon Said surety shall be a Cc~parate Bonding Coanpaay d~~r authorized to do business in the State of Arkansas, sad said C1ty shall pay the premium c~ such bond. The said City Clerk's salary shall be the sum of ~ ~ .~i r month, xhich be in full pagment for all services rendered. C. A City Treasurer, xho shall perform all duties nor required oP and performed by said City Treasurer, and suah additional duties and responsibilities as naa or may hereafter apply under the Statutes and Ordinances in suah cases made and provided. ~~~ -3- ~' D. A City Attorney, who shall be a regularly licensed attorney Statutes applicable to a City of the first class. Any fees earned by said of~the State of Arkansas and who shall perform all duties now required of .-performed by the City Attorney save such as may be inconsistan~ with the City .Attorney and taxed as cost in the prosecution for the City by information or otherwise of misdemeanors in any Court shall be paid over by the collecting officer to and be for the full use and benefit of said City. The said City Attorney shal0l!~rep~resent the municipality in all matters pertaining to questions of '~ nature, shall be tl~e attorney for all Boards, Conunissions and Local Improvement Districts of said City and the said City 0 Attorney's sa],ary shall be the sum of ~ ~~~ der month, payable by the municipality and such further sums as may be designated by the Boards, Commissions and Local Improvement Districts. E. Two aldermen for each Ward of the City, who shall be t residents of the particular Y'lard reprresented mid whose duties, powers and ~responsibilities shall be such, as may no~ar or hereafter apply under the Statutes and Ordinances therin made and providdd. The reisration of 0 each .Alderman shall be the sum of ~ ~~~ _ per attendance at each regular, IIieeting of the City Council. Section 3: A. A Chief of Police shall be appointed by the R~4ayor and shall hold his office until the next election of a I~tayor or until his successor is appointed as by such incoming I~4ayor, unless sooner removed for cause. His duties shall be such, as are now or may be hereafter fixed by the Statutes and Ordinances of the City. Fie shall execute a Bond conditioned on due and faithful performance of all duties of-said office and the proper accounting far' any funds that may come into his hands; said bond shall be the sum of ~ ~~~~ with Corporate security thereon by a company authorized to do business in the State of :Arkansas, and the City shall ply the premium on said bond. Due and proper settlement• of funds coming into his hands shall be made by said Bhief of Police to the proper City Officer each day. The Chief of Police's salary shall be the sum of ~ ~ D,ef per month, which shall be in full of all emoliunents of said office. Said appointment of the Chief of Police shall be with the advice, consent and appro~aal of the City Council. -4- ~, t. ~" r~ , i B. The Chief of Police shall have power to appoint such deputy or assistant police officers as may be designated by the City ~ouncil or the ordinances of said City or as may be necessary, and he shall be responsible for all the official acts of such appointees. rI'he salary of such deputy or a sistant police off care shall be the ~~!wrv~, (~ ~v-c~..,Q~. 0 Section 4: A Municipal Judge, whose duties, qualifications and emoluments of office as are provided for by Ordinance No. ~"~( of said City. Section 5: ;A Chief of the Fire Department shall be appointed by the D~iayor, who ~_ shall hold his office until the following election of a Mayor or until his successor is appointed by such incoming Mayor, unless sooner removed'`'for cause. Such appointment shall be with the advice and consent of the City Council and shall be subject to the approval of the City Council. His duties shall be such as are now or may hereafter be fixed by the Statutes and Ordinances in such cases made and provided. .. ~,v.~~ _~-..._ . _.... ,. The Chief of the Fire Department shall have the. right of appoint- meat of assistants subject to the approval of the City Council and for whose official acts the Chief of the Fire Department shall be responsible. Section 6: There is hereby created a Board of Public Affairs composed of the 14~ayor as Chairman and two citizens of the City elected by the City Council, and at the first election under this act one shall b® elected for the term of two years and. the other Por the term of one year, and every year thereafter as each member's term expires, his successor shall be sl,ected for the term of two years. The time for the election of mc~nbers on said Board shall be on the second Iulonday after the election of, Aldermen in each year. No person shall be eligible. to membership on the Bosrd who is related to the Mayor or any of the Aldermen of the City within the sixth degree of consanguinty or affinity under the Civil Law. The Council shall provide by Ordinances far' the kind of security to be given and the amount of compensation to be received by each member so elected, which shall not be increased or decreased during his term of office. They shall hold office, perform the duties as provided by ., ri : :,~:. ." . , -5- Section 9880 et seq of Pope's Digest of the Statutes of Arkansas and as provided by the Ordinances of the' City of West r~emphis. E~ Section 7: All other appointive offices and boards as a~i~ now set up and constituted under the existing Ordinances of the City of West Memph~.s be and the same are hereby constituted to mean in a life manner as offices, boards and ccannissiona in such City governed as a City of the first class subject ~~`` which are not in conflict herewith. Ito axdiiancea in each case now governing, Section 8: A1.1 existing, Ordinances or parts of Ordinances not inconsistent and in conflict herewith shall be construed to operate with like force and effect in sgherein constituted City of the first class and the government thereof and all Ordinances a parts of Ordinances in conflict herewith are hereby repealed. 8petion 9: If any section, subsection, paragraph or portion of this Ordinance shall be .held invalid ar unconstitutional, such holding and in4alidity shall in _. ~'o. ea'ay~t,affect _the remaining portions hereof. t .!t~.o~ 10: It is hereby declared and found to be a fact that it is to the 3nt~®reat of the public welfare, there is hereby need for the adoption of this ~dinanoe; therefore, it beingnecessary for the preservation of th~9 public peace health ~d safety of the residents of the City of 5~'Test P~~2emphis, an ea:-ergeney is declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. Passed and approved this 2nd d~ of April, 1946. ~~ ~, ~oQ---C-~-C~-a. .. 1~e~yor Atet• .. ,, -;. Rea der