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October 20, 194775 P~dIPIUTES OF A REGULAR P~ETIIdG OF THE CITY COUNCIL OF WEST ME-iFtiIS _ OCTOBER 20, 1917 The Council of the City of '.lest Memphis in the County of ~%rittenden, State of Arkansas, met in regular session at the City Mall in said City at 1:30 P.P~I. on the 20th day of Uctober, 19b7. The meeting ivas called to order by the BSayor, and the roll being called there were; Present: P. M. Dacus in the chair and the follotiring na,ned Aldermen: C. H. Brown, R. R. Morley, Curtis roster, J. A. Johnson, and G. '+V. McAuley; City Attorney J. H. Spears and City `'lerk L, p, Bernharc9. Absent; Alderman ~. I, Bollinger. It being determined a quorum vras present, the following proceedings were had to-writ: Minutes of the meeting of the City council on Uctober 13th were read and approved, City Attorney Spears presented to the Council an ordinance he had prepared that vrould create the office of ihrilding Inspector for the City of Vest Memphis. After discussion of the matter the ordinance was introduced in writing and read in full by Alderman Johnson. Alderman Mcrluley moved that the rule requiring said ordinance to be read in full on three different days be suspended, and t~_at said ordinance be placed on its second reading; motion was seconded by Alderman Morley, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: C. H, gown, R. R. Morley, Curtis Foster, J. A. Johnson, and G, ';u. McAuley. Nay: P~cne. '+uhereupon the I6layor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Brown. 'alderman Foster then moved that said ordinance be now placed upon its final. adoption; motion was seconded by Alderman Johnson, and after due consideration thereof' by said Council, the 'Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye: C. H. Brown, jt. Ft. Morley, ~lrrtis Foster, J. A. Johnson, and G. ~+. McAuley. Tlay: None. tirhereupon the Mayor declared. the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Brotivn, who moved its adoption, seconded by Alderman roster, and after due consideration thereof by said Council, the P~ayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following votedi Aye: C. H. Brown, R. R, Morley, Glzrtis roster, J, A. Johnson, and G. V-". McAuley. Nay; None. Whereupon the Mayor called to the Council's attention that the ordinance, as adopted, curtained an emergency clause and suggested that specific action should be taken by the Council on this clause. ++hereupon motion was made by .9lderman tiorley and chrly seconded by Alderman Johnson that the emergency clause of said ordinance be adopted, and the roll being called, the follotiving voted: Aye: C. H. Brown, R. R. I~rley, Curtis Foster, J. a. Johnson, and G. 1r. i~cAuley. Nay: .None. hereupon the +~ayor declared said motion du13~ adopted and said ordinance duly passed, and signed his approval to said ordinance and the City L~ erk was directed to spread the same upon th e record of Jrdinances of the City of 1'dest 1Jemphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 141. Said ordinance to wkrich no amendment vras offered read as follows: ORDIPlANCE tl0. 141 AN ORDIPlANCE CREATING AIdD ESTABLISHING THE OFFICE OF BUILllIP?G INSPECTOR, DEFINING HIS DUTIES, APlD FOR OTH'r;Ft PURPOSES. BE IT ORDAINED BY 11^lP~' CITY COUNCIL OF THE CITY OF ?rST MEMPHIS: Section 1. CRiJATIOId OF T}iE OFFICE OF BUILDII~IG INSPECTOR. - There is hereby created and established the office of building inspector. Section 2. APPOIPITPaEP1T CF BUILDING II1SPhCTOR. - The building inspector shall be appointed by the Mayor with the advice and consent of the City Council and shall be appointed for the term of two (2) years. He shall be appointed at the first meeting of the City Council after the Ma;ror sY:all have been elected anil qualified. The building inspector shall have the right and authority to appoint one or more assistants, vrho shall be approved by the City Council before they shall be qualified to act in such capacity, and who shall Lie under the direction of the inspector. The inspector shall '~~ responsible to the City Council f'or the acts of his deputy or assistant. Section 3. DTITIES Oi' BUILDING IllS'ECTOR.. - Subject to the direction and control of tl~e City Council the building inspector, shall, in addition to such other duties as pray be assured to him by the City Council, enforce this ordinance and such other laws and ordinances relating to buildings or structures as may be specifically provided. Section t~. ~dUALIFICATIOIlS OF BUILDITG INSPECTOR. - The b~ziiding inspector shall be technically informed on the quality and strength of building mat~:rials, on the prevailing methods of buildin g and construction, on the latest practices in fire prevention, on the accepted requirements for safe exit facilities, and on the proper equipment in buildings, anti other installations for the safety, comfort, and convenience of the occupants. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material., process or device entering into or used in or in connection with building or construction. Section 5. EXAMINE APPLICATIOAI3. - He shall investigate applications and examine plans and. specifi- cations for the construction, alteration, remo•ral or• demolition of buildings or structures referred to him and shall report thereon to the City Council with recommendations of approval or disapproval. He shall examine premises for which permits have been issued and steal]. make necessary inspections to see that the provisions of the laws are conrpl.ied with and that construction is prosecuted safely. He shall, when requested by the City Council or r~~hen the interest of the city so require, make investigations in connection with matters referred to in this ordina:~ce and render written reports on the same. For the purpose of enforcing compliance with lavr, to remove illegal or unsafe condition, to secure the necess- ary safeguards during construction, or to require auaquate exit facilities in existing buildings, he shall issue notices or orders as may be recessary. Section G. S1IAi,L riSEP it%i:%RDS. - The buildin,^, inspector shall keep careful and coraprehensive records of applications, of permits issued, cf certificates issued, of inspections made, or reports rendered, and of notices or orders issued. Ile shall retain on file, cones of all papers in connection 'with building tivoric until othervrise ordered disposed of by the City Council. %•11 such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector. Section 7. ASSISTAidCE OF C?IMF OF POLICE AIlD C1TY ATTORIlEY. The building= inspector shall request and receive so far as rna;,~ be necessary, the assistance; and co-operation of the chief of police in enforcing orders, of the city attorney in proseo~eting violations, and of these and other city officials in pro,~er and necessary performance of his duties. Section 8. L1f+Y ~VTc:R UPOD? YREIJIISES FOR PURPOSES OF IidS ECTION. - The building inspector in the proper discharge of his duties, shall have authority at any reasonable hour to enter az;,. premises, building or structure. For the purpose of identification he shall adopt a bade: of office which he shall display on demand provided that i.n an emergency, any other method of identification sha.il be sufficient. Section ~. ADIdIDlISTRATITL~ LIA1rILITY. - The building inspector acting in good faith and :vthout malice, shall not be liable for damages by reason of anythinC; done in any action or proceedings insti- tuted under a provision of this ordinance, or by reason of any act of omission in the performance of his official duties. Section 10. ABSF:1lCE 0r' INSPECTOR, DEPUTY TO ACT. - In the absence or disability of the building inspector, the duly appointed deputy building inspector, subject to and in accordance with the provi- sions of tlri.s section, shall be vested •crith all the rights and privileges and shall discharge all the duties of the building inspector, durinU the abserrce or disability of both the building inspector and the deputy building inspector, the City Council shall designate a qualified subordinate to discharge the duties of the building inspector. Section 11. UPlCOL1STITUTIOPIALITY CLAUSE. - Should any section, paragraph, sentence, clause, or prrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby and shall remain in full force and affect, anal to this end the provisions o£ this ordinance are declared to be severable. Section 12. EIIEI2G~ICY CLAUSE. - It is hereby declared and found to be a fact that the City of best Memphis is without a building inspector; that it vrould be to the best interest of the city that an ordinance be passed providin;, such office; that it vrould be to the best interest of the peace, health, safety and happiness of the citizens o£ .Jest Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in fhll force and effect, from and after its passage and approval. 7'7 P~4ayor Dacus recommended that G. G. Kietzman be appointed as building inspector for the City of rifest ~"c:mphis. alotion ,Jas oracle by Alder:::an J~rorrn and seconded by Alderman Johnson that the appointment be approved. Upon the mattE:r being called to vote the following voted: Aye: C. Ii. Brown, It. Fi. 1~Ioriey, Curtis roster, J. A. Johnson, G, uV. PdcAuley. iday: Done. As instructed at a previous Council meeting the City Attorney presented an ordinance he had prepared for the condemnation and demolition of buildings. After discussion of the matter the ordinance ".vas introduced in tirriting and read in full by Alderan Brown. Alderman PdcAuley moved that the rule requiring said ordinance to be read in 21x1.1 on threo different days be suspended, and that said ordinance be placed on its second reading; motion was seconded by ~1lderrnan Morley, and thereafter the P4layror put the question on the adoption of said motion, and the roll being called, the following voted: Aye: C. H. Broom, R. R, iyiorley, Curtis Foster, J. „. Johnson, G. '~+. McAuley. Nay; Plone. shereupon the mayor declared the motion dul;;r passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Foster. Alder_+~an Brown then moved that said ordinance be notiv placed upon its final adoption; motion rovas seconded by Alderman Johnson, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye: C. H. Brawn, }t. R. Morley, (.tizrtis Foster, J. A. Johnson, G. Tr, P;IcAuley. Play: PJone. 11'hereupon the Mayor declared the motion duly carried and said ordinance placed upon its finale reading and adoption. Said ordinance was read in f'rr,.l by Ald::r+tian Morley, ti:~kzo moved its adoption, seconded by A1derL+an Foster, and after due consideration thereof b~~ said Council, the P~Iayor put the question upon the adopt- ion of said motion, ar+d upon passage of said ordinance, and the roll being called, the following voted: Aye: C. H. Brotim, R. R• Morley, Clzrtis Foster, J. A. Johnson, G. ~+. P:icAuley. Nay: Pdone . 'whereupon the Mayor called to the Councils attt~ntion that the ordinance, as adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. thereupon motion was made by Alderman Foster and duly seconded by Alderman Brown that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: C. H. Brown, R. R. Morley, Curtis Foster, J. A. Johnson, G. ;"J. P,1cAtiley. Nay: None. d~hereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the'City Clerk was directed to spread the same upon the record of Ch~dinances of the amity of iVest Memphis, ~~rkansas, and to have same published as required by law, and to number said ordinance No. 1l~2. Said ordinance to which no amend;nent was o~fered read as follows: __ ORDINANCE PTO. 1la2 'i~ AN CRDI11APdCE PROJIDING iron TiII:; VACATION, Riit40VAL, FFsPAIR, Ol? DEI,40LITICN OF ANY BUILDING OR ~ STRUCTURE "lfiICH SHALL. BE DECLARED TO BE A PUBLIC PdUISANCE, DANGEROUS TO TH', H%ALTH, MORALS, j I SAF~,'TY OR GENERAT 1")'i:LFAR.~. OF TIii7. P:~suPL^ OF Tiii CITY OF 'iVrST 1~.~II~HIS, OR tiYIIICH IS A FIRE i I 1tcNAL'E AND ~R TH° R;;;COU^:RY OF TH'I ^OST OF VACATION, RsPAIR, R~MOCAL OR D~iOLITIOIJ TH?REOF AS A LIF.tI OR ASSESSr!:I1dT AGAINST SUCH PREMISES AMID TO PROVIDE FOR THE Rls'CO'.1_:RY OF SUCH COSTS E '~ IN r1N ACTION AT LA1'V. '~ '<'dHF~REAS, in the City of .-lest Memphis, there are buildings or structures which are in a dilapidated, '~ unsightly, unsafe, insanitary and obnoxious condition, a menace to the health, morals, safety and '~ ~;~ general welfare of the people of this city, and wl;ich constitute afire menace and a public nuisance; '~, BE IT ORDAIPIED BY THE CIT'I COUNCIL OF THIS CITY OI' tlL~'ST MEA~'HIS: ~ Section 1. DANGL'I20US BUILDINGS D~r'IPIED. - All bui.l:Iin~s or structures which have any or all of the following defects shall be deemed "dangerous buildin;;s~'; (a) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of ;;ravit~T falls outside of the middle third of its base. (b) Those which, exclus9_ve of tha foundation, show tl;irty-three (33) per cent or more, of damage or deterioration of tiie supporting member or members, or fifty (50) per cent of damage or deterioration of the non-supporting enclosing or outside malls or covering. (c) Those which have improperly distributed loads upon the floors or roofs or in which the sane are overloaded, or which have insufficient strength to be reasonably sale for the purpose used. (d) Those vrhich have been damaged by fire, vafi.rrd or other causes so as to have become dangerous to life, safety, morals, or the general health and vaelfare of the occupants or the people of the City of ~~est Memphis. (e) Those which have become or are so dilapidated, unsightly, unsafe, insanitary, obnoxious and decayed or wh-.ch so utterly fail to provide the amenities essential to decent living that tk;ey are unfit for human Y;abitation, or are likely to cause sickness or disease, so as to vrork injury to the health, morals, safety or general lvelfare of those living therein or to the general public. (f) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings Sabo live or may live therein or there- about. (g) Those having inadequate facilities .tor egress in case of fire or panic or those having insufficient stairways, fire escapes, ar other means of communication. (h) Those vrhich have parts thereof which are so attached that they mad= fall and injure n;embors of the public or property. (ij Those which because of their condition are unsafe, insanitary, or dangerous to the health, morals, safety or general vrelfare of the people of this city. (j) Those buildings existing in violation of any provision of the Building Code of this City, or any provision of the fire prevention code, or other ordinances of this City. Section 2. STANDARDS FOR RsPATR, VACATI011 OR DEMOLITIOI,I. - The folloti••~ing standards shall be followed in substance by the Building Inspector and the City Council in ordering repair, vacation, or demolition: (a) If the "dangerous building" can reasonably be repaired so that it grill no longer exist in violation of the terms of this ordinance, or in violation of the zoning ordinances of the City of °Vest Memphis or any other ordinances of the City of '~dest I'Somphis, it sl;all be ordered .repaired. (b) If the "dangerous building" is in ~ucf~ condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered to be vacated. (c) In any case vrhere a building is, in the opinion cf the City Council, dilapidated, unsightly, unsafe, insanitary, obnoxious or detrirner;t.al to the public rveifare or is nifty per cent (5090 damaged or decayed or deteriorated fro;n its original value or structure, it shall be demolished, and in all cases where a building can ;lot be repaired so that it will no longer exist in violation of the terms of this ordinance, the •~aning ordinances ear other ordinances of the City of '+dest Memphis, it shall be demolished. Iri all. cases vrhere a °dar;~erous building" is a .fire hazard esistiro or erected in violation of the terms of this ordinance, the zoninE; ordinances or any other ordinances of the City of i"dent 1'Lemphis or the Statutes of the Stat<: of Arkansas, it shall be demolished. Section 3. DAPIG:~OUS BUIL.r.Iil05 -- DIUISAI`ICES. - All °dangerous buildings" within the terms of Section l of this ordinance are hereby declared to be public nuisances, arrd shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided. Sectt-on L;. DUTI:.~'S OF i~UIL:~I?G IPISPL'CTOR. - The Building Inspector shall; (a) Inspect os• cause to be inspected semi-anrnaal.ly, all public buildings, schools, halls, churches, theaters, hotels, ten~r~ents, cornrnercial, manufacturing, or loft buildings for the purpose of deter.-nining whether any conditions exist which render such places a "dan~•erous building" within the terms of Section 1 of th9.s ordinance. (b) Inspect any building, hall or structure about which complaints are riled by any aerson to the effect that a building, wall or structure is or may be existing 5.n vi.olation of this ordinance. (c) Inspect any b~rildirrg, wall er stn.rcture reported (as hereinafter provided for) bar ther'ire or Police irepartmente of this Gity as probably existing in violation of the terms of this ordinance. (d) Inspect annually all buildings in the City of aTest tlemphis to determine whether they are "dangerous buildings° vrithin the terms of Section 1 of this ordinance. (e) Notify in writing the of^,mer, occupant, lessee, mortgagee, went and all other persons having an interest in said buil~~.ng as shown by the records in the Recorders Office within and for Crittenden County, ~rrkansas, of arry building found by him to be. a "dangerous building" within the standards set forth in Section 1 of this ordinance, that: (1) the ovmer must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (2) the occupant or lessee must vacate said building or rrray have it repaired in accordance with the notice and remain in possession; (3) the :nortgagae, agent or other persons having an interest in said building as shoam by the records in the Recorder's office within and i'or Crittenden County, .~rkansas, may at his own r9.sk repair, vacate, or demolish said building or have such work or act done, Provided that. any person notified rrndcr this subsection to repair, vacate, or demolish any building shall be given such reasonable tine, not exceeding thirty (3J) days, as may be necessary to do, or have done, the vrork or act required by the notice provided for herein. (f) Set forth in the notice provided for in subsection (e) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this ordinance ~+vithin such length of tine, not exceeding thirty (30) da3rs, as is reasonable. (g) deport to the City Council any non-compliance tivith the "notice" provided for in subsections (e) and {f) hereof. (h) Appear at all hearings conducted by the City Council, and testify as to the condition of "dangerous buildings". (i) Place a notice on all "dangerous buildings" reading as follows: "This building has been found to be a dangerous building by the Building Inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and a1:~ other persons having an interest in said building as shown by the records in the Recorder s dffice within and for Crittenden County, Krkansas. It is unlawful to remove this notice until such notice is complied vaith." Section 5. DUTIES OF THE CI`1'Y C^C`UNCIL. - i'he City Council shall: (a) Upon receipt of a report of the Building Inspector as provided for in Section lt, subsection (g) hereof, shall cause written notice to tt~e ovn er, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records in the Recorder's dffice within and for Crittenden County, -Arkansas, to appear before it on the date specified in the notice to shoev cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the Building Inspector's notice provided for herein in Section 1t, subsection (f). (b) hold a hearing and hear such testimony as the Luilding Inspector or the orner, occupant, mortgagee, lesseet or any other person having an interest in said building as shown by the records in the Recorder s Office vrithin and for Crittenden County, Arkansas, shall offer relative to the "dangerous building." (c) Shall render or cause to be rendered written findings of fact from the testimony offered pursuant to subsection (b) as to v;hether or not the building in question is a "dangerous building" within the terms of Section 1 hereof. (d) Issue an order based upon findings of fact made pursuant to subsection (c) command- ing the ovmer, occupant, mortgagee, lessee, agent and ail other persons having an interest in said building as shown by the records in the Recorder s Office vrithin and for Crittenden County, Arkansas, to repair, vacate, or demolish any building found to be a "dangerous building" ,vithin the terms of this ordinance and provided that any person so notified, e:;cept the owners, shall have the privilege of either vacating or repairing said "dangerous building"; or any person not the owner of said "dangerous building" but having an interest in said huildino as shor^m by the records in the 1ecorder's office within and for '~r•ittenderr L'ounty, hrkansas, may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city as provided in subsection (e) hereof. (e) If the owner, occupant, mortgagee, or lessee fails to comply tivith tP,e order provided for in subsection (d) hereof, within ten (10) days, the City oouncil shall cause such building or structure to be repaired, vacated, or demolished as the facts may vrarrant, under the standards hereinbefore provided for in Section 2 of this ordinance, and shall sell the materials of such building or buildings and she:il credit the proceeds of such sale against the costs of the removal or demolition, acrd an;,r balance remaining shall be deposited in the proper court of Crittenden County, Arkansas, shall he secured in such mariner as may be directed by said court and shall be disbursed b},r said court to such persons found to be entitled thereto by final order or decree of said court; provided ho~~rever tkrat nothing in this section shall be construed to impair or limit in any ti•ray the pourer of the City to define and declare nuisances and to cause their removal or abate- ment, by summary proceedings or otherwise. In case the proceeds received from the sale of mat.eriais shall not be sufficient t.o pay the costs of repair ar demolition, the deficiency shall be alien against the land upon which the building stands ar did stand and may be removed in a suit at law or ir, equity against the owner. (f) Report to the City Attorney the names of all persons not complying vrith the order provided for in Section 5, subsection (d) hereof. Section 6. VIOT.ATI021S -- Pr;rkALTY FOR DISREGA1tDI1dG biOTICES OR ORD~tS. - The owner of any "dangerous building" who shall fail to comply with any notice ar order to repair, vacate, or demolish said building given L•y any person authorised by this ordinance to give such notice or " order shall be hrilty of a misdemeanor and upon conviction thereof shall be fined not exceeding two hundred dollars (°200.00) for each offense and a further sum of ten dollars 010.00) for each and every day such failure to comply continues beyond the date fixed for compliance. The occupant or lessee in possession wkro fails to comply with any notice to vacate or who fails to repair said building in accordance tivith any notice given as provided for in this ordi- nance shall b e guilty of a misdemeanor and upon conviction thereof she.-il be fined not exceeding two hundred dollars 0200.00) for each offense and a further sum of ten dollars 010.00) for each and every day such failure to comply continues beyond the ciat: fixed for compliance. dny person removing the notice provided for in Section !r, subsection (i) hereof shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding two hundred dollars (;;~200.:~0) for each offense. Section 7. DUTIES Oi~ T1L.: CITY ATTORk1EY. -The City Attorney shall: (a) Prosecute all persons failing to comply ti+ith the terms of the notices provided for herein in Section La, subsections (e) and (f), and the order provided for in Section 5, subsection (d). (b) Appear at a]1 hearings before the City Council in reF>,ard to "dangerous buildings." (c) Bring suit to collect all municipal liens, assessnments, or costs incurred by the City of .Jest 11$emphis in repairing or causing to be vacated or demolished "dangerous buildings." (d) Take such other legal action as is necessary to carry out the to nos and provisions of this ordinance. Section 8. ET.^.LTiGLTICY CASES. - In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined herein is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the City Council and the City Council shall cause the immediate repair, vacation, or demolition of such "dangerous building." The costs of such emergency repair, vacation or demolition of such "aangerous building" shall be collected in the same manner as provided in Section 5, subsection (e) hereof. Section y, i~~1HF~r'ZE O~dNER AB51~dT FROM THE CITY. - In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city all notices or orders provided for herein shall be sent by registered mail to the ovrner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the records in tPie Recorder's Office within and for Crittenden County, Arkansas, to the last known address of each or cause notice of the proceed- ings provided by tYris ordinance to be published in a newspaper of general circulation in the City of '.Jest Itilemphis by at least one insertion therein, and a copy of such notice shall be posted in a conspi- cuous place on the "dangerous building" to which it relates. Such mailing arid posting shall be deemed adequate service. In all cases rrhethar the oyvner is a resident or a non-resident of the City of diest i+iemphis, the notices herein provided for may be served in the same manner a summons is served in the courts of the State of Arkansas. Section 10. AD,'WIIIISTRATIVks LIALILITY. - ilo officer, went er employee of tkre City of ;~,(est '"emphis shall r©nder himself personally liable for. any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his dutES under this ordinance. Any suit brought against any officer, agent, or employee of the City of ';Jest 1~Iernphis as a result of any act required or permitted in the discharge of Iris duties under this ordinance shall be defended b~~ the City Attorney until the final determination of the proceedings therein. Section 11. DUTIES OF r^IRE DEPARTP,1i~dT. - The Chief of the Fire Bepart;nent shall make a report in m~ritiny to the Building inspector of all buildings or structures which are, may ba, or are susr~ected to be "dangerous buildings" within the terms of this ordinance. Such reports rrrust be delivered to the Building Inspector within 24 hours of the discovery of such buildings b;,r the Chief of the Fire pepartment. Section 12. DUTIES OF POLICIa D%P~:RTL1'i~'IT. - The Ctrief of the Police Department shall make a report in :vriting to the Building Inspector of any buildings or structures which are, may be, ar are suspected to be "dangerous buildings" vrithin the ter:>+s of this ordinance. Such reports must be delivered to the Building Inspector within 2!r hours of the discovery of such buildings by the Chief of the Police Department. •. __ _-_~" _. _~1~~._._ __ ___ Section 13. SEPARABILITY; - It is the intention o:f the City Council of the City of V'lest Tutm.his that each word, plxrase, sentence, paragraph, section or subsection shall be a separate provision of this ordinance and shdl :~e deemed independent of all other provisions herein, anc9 it is further 'the intention of the City Council that if any vord, phrase, sentence, paragraph, section or subsection of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable, Section 14. ~1r1F.,Rv.~?vl' ~ZAUSE. - It is hereby found and declared that there are a number of build- ings in the pity of ~~est I:4emphis in a dilapidated, ransight7.;J, unsafe, insanitary and obnoxious condi- tion; that they are a menace to the public peace, heal.t.h, safety and general welfare of the inhabitants of 'Jest P.4emphis, and an emc-r~ency is hereby declared to e~cist, and this ordinance shall be in full force from and after its passa;;e and approval. ;: -; :: , ;.;;=s,:>• ;,rat An ordinance entitled "An Ordinance Providing For The Payment Of The c;xtension Of The Dlunicipal Sewer System To Serve 'cJorthin~>ton Park Addition To The City of hest i'Aemphis, grkansas," was read the second ti;na by l:ldermaxi Iviorl.ey. Alderman Joivzson then nwved that said ordinance be novr placed upon its final adoption; motion vuas seconded by Alderman hIcAuley, and after due consideration thereof' by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Ayes C. H. Brown, R, R, Morley, Curtis roster, J, p, Johnson, G, ':"J, Pa1c.Aule3~. Nay: None. The folloi•rin~; building applications were submitted: uJ, TJ, Lumber Co. Approved Rafe Berry Approved James Reece Approved l~'urry Anthony .Approved Idaggie Slkclge ~ toprovad C, L'; drown Approved L, u, Boatright Approved C. B. Thompson Approved Motion eras made by Alderman hro~rn and seconded by .-'alderman 1J.Qrley to approve, authorize, ratify, and~or confirm pay,ent of the fcllo~ring bills; Herr.r~r Young :32,50 Jol;n ::icCullor v~33:`%G Iierrry Palmer 35.75 John vabner 33:.00 Sam Brown 33•~)U ~~ Hudson 37,50 Curtis Jewell 42:00 liacl: Howell 13.,00 John i~lcCullor 33:00 Perry Rogers 44,J0 John 7~xbier 33:~i0 Sarah Y, Smith 28,85 Ld Hudson 37.13 Rock Island R. R, Co, 177.1 Sarah Y, Snu.t;h 2u:g5 Henry Young 32,50 ?erry Rogers 41;:00 henry Palmer 39.00 Farmers Ivlachi_ne Shop 5:73 Curtis Jcti,e11 42.00 0, P, Sides, Jr. 102,60 Upon the matter being cah_ed to vote, the follovring voted; Aye: C, H, rowrx, R, R, tiorley, Curtis roster, J, A. Johnson, G. Y~~. fdictluley. Nay; None. No #lxrther business appearing, the rveeting :vas adjourned, ~~ ~ ~ MAY R ATTEST: APPROV'E'D: OCTOER 27, 1947