January 22, 1948'" N'SPNTliS OF :iPI ADJO1JRtIED T.'FCPTIPdG OF TH3 CITY COLTIC.II, OF "'l1;ST MPP.?F'rtlS
~~
The Council of the City of '~(est i,iemphis in the County of Crittenden State of l'~rkansas met
li in an adjourned session at the Citg II«11 in said City at 7:00 P.Li. on the 22nd day of January,
1?L}~ .
The meeting ve~as ca:rled to order by the i.iayor, and the roll being; called there v~rere;
Present: P. I.. D~.icus in i;he chair ~a~d the fol.lovrin named Aldermen: Curtis Foster, R. R, I~icrley,
U, I, Bollinger, G. 3.. I~icAuley, J. A. Johnson; City Attorney J. H. Spears and City Clerk
L. P. Bernhard.
Absent: Alderman C. H. Bruwn.
It bein; determined a quorum was present, the follo~rinF; proceedings r+ere had to-xwit:
iV`i.nutes of the meeting; of the City Council on Janrrar~r 7th and January 21st were read and
approved.
IJr. Pdihe Levitch appeared before the Council to discuss his proposed junk yard on v. 7th Street
for which ixe had privilege license. &h'. Ltvitch advised the Council that the junl: yard ~,;ould be
kept in a sanitary condition, mould not be a fire hazard, nor would it be unsightly; that he would
have an f3 foot fence around the yard that it would be kert painted, <rrrd that. all junk mould be ltept
ins-de the fence, also that tha office saoulcl be built, of concrete blocks.
i~yor Dacus advised the Council that the Lil;ht & ~+ater iepartment has a Government bond that the
Department no~v finds it necessary to have the Bond cashed as the money is needed fc;r materials that
have been ordered for some time and Prave noir been received, and that ttre LiEht ~ :titer Commission at
a meeting had appointed E. J. ','Jhite, Commissioner <,nd L. P. Bernhard, Clerk, to execute the }:roper
forms, hotirever, it ryas necessa.r;,~ ttrat a lZosolwtion 'oe passed by the tou.ncil authorizing them to
request pa3nnent of the Bond. Thereupon, r',lderrran I~'.cAuley made a motion that the follo~~ving resol:rtinn
be adopted;
RESCiLII TIOPI
Ri~50Lt~ED, That L. J. '.Jliite, uormnissioner anu L. Y'. Uernh~.rd, Clerk are hereby
jointly and severally authorised and empor•rered to sell or to request payment or
reissue of the following described UnitCd States security registered on the books
of the Treasury Department, and registered security i,rit,h respect to .vhich the
Treasury Department acts as the transfer agency in the name of, or assihred to
Li"ht and ;Dater Commission of the City of ~+est ivlemphis, 'lest I+~;miphis, trrl:ansas.
'Pule of Loan Serial Tlo. Denomination corm of Registr+~tion
2-1~Lt Percent 151iD x:5,000 LiE;ht ~ ~.~fater Commission
Treasury Bond of. City of ldest- r°~emphis
of 1956-59, s+est r~emphis, ~~rkansas
dated
iebr'trar~r 1, 19l~lr
APID IT IS 1ZTRTH'1F?. RLSOLVF.D, That any and a7_l assiY{rrnents and requests for payment or
reissue of the above-described security, heretofore, or iierea±'ter made by the above-named
officers, are hereby ratified and confirmed.
Tyre motion rras seconded by i;lderman Bollinger, and upon the mattti:r being; Ltilled to vote., the
fo ~lotving voted:
kye~ ilrrtis Foster, 0. I. }3ollinger, G. '.7. licluxley, R. R. l~lorley, and J. A. Johnson.
Nay: Ijone.
City Attorney Spears presented the peddler's ordinance that he had been preparing, and the
ordinance .aas introduced in vrritin and rc;ad in fixl.l by :alderman Iforley.
Alderman tlcAuley moved that the rule re<niiring said ordinance to be read in full on three
different days be suspended, anal ttrat said ordinance be placed on its second reading; motion ryas
seconded by Alderman Johnson, and. thereafter the P~iazror put the question on the adoption oi' said
motion, and the roll being called, the £ollow2ng voted:
l~.ye: Curtis roster, 0. I. Bollinger, G. '.J. NicNuley, R. R. Y~Iorley, and J. n. Johnson.
Nay: None.
lJhereupon the ldayor declared the motion duly passed and said ordinance placed on its second
reading. Tire ordinance cv~s then read the second time by Alderman Bollinger.
Alder^Zn roster then r„owed that said ordinance be rxovr placed upon its final adoption; motion
wras seconded by Alderman }rrcA~zley, and after due consideration thereof by said Council, the ?.fayor
put the 1uestion on the adoption of the motion, and upon the ro_.1 being called., the follotiving
voted:
Ayes C'xxrtis Foster, 0. I. Bollinger, 0. tJ. McAuley, H. ri. )'aorley, and J. ~. ~o}uison.
Dlay: TJone.
.. ,, _
".Jhereu~on the luayor declr.~red tyre motion ciul;}r carried rand said ox«Tna?-ice nl- r~l n~~cr its
,Final .reading; arrd ado~ti on,
'::aid ordinance vra.s read irr full b;,~ ~:l~lerrr:a.n I:'orley, v;ho moved i.ts adol~,tion, seconded by
~slciernrarr Jolasxson, a.rra ait~r due co:aideraticsz thereof b=~ said Joturcil, the I:ia~ror put the .;uestion
upon t'.1e adoption of said motion, and upon ;; sal=e of said or~ainance, mid the roll being cal_1_ed,
the fo11o~~Jin~ voted:
P.ye: i)urtis Foster, ~, I, i3ol.linf;er, G, .J. ldc°,rrle,r, R, Ii, Idorley, rend J, h. Johnson,
Ploy: wone.
T'Vl~ereupon the ]<.vor cailsd to the. ~oz.ncil's attention th,.t the ordinance, as adopted,
contair:ed an emer~re.rc;T e7.ause and sub„csted that specific action should Le t-ken by the Council
on this clause. .:hereupon motion ryas r.iade by %rlcierriarx Foster :uxd clrl~~ seconded by r'.ldern~an
:Ic~.uley that the emerirency clause of said ordinance br adopted, and the roll being called, the
following vot_d:
riye; Curtis Foster, 0, I. ollin~er, u. .+. T•ickule ~,it, 1?, s~orley, and J. t!, Johnson.
I?a;;r: Iicne.
1`lhereuporr ~t~ze Iti~ia~=or de;; ~~r~d a ~.l m~~tion ~iul :.do reed anQ said oraiinancr: duly passed, end
s:idned his approval to said ordinance and the ~it~r ~lerT: ,.ras di ect<:d t.o spread the same ~zpon
the record of Ordinances of the ~i ty of '.J<,st l~~ml:zl~,is, ,=s•harrsas, and to have same published as
recli:ircd by latir, and to rr~-caber said ordinance I'?o, flip,
Said ordinance to s,r.hich no a;nend~nent eras offered read as follovrs:
ORDIPIxhCL IlO, Llzb
!1T'; ORDl?IAi1CE DL;rI??I;i ', I~EiiUL,'ti^~T?C !',:?D L1C'~~' ~1;G i ~P.DLis'R5 kI+ID PItOVIP,I?'du P:iI:LTIT;S
FOR THF. VIOLl~TIUPI Tli~?EOF
E ~ iT ORp,AItlfD BY Tiih Cl7UI'ICl'L ~'F Tlirs CI`CY OF ",`I3c?'!^ I-''?~'1:L'HIS, AI?Ii,'lI~1SAS.
SECTION 1, Permit and License iteguired, It shall be unlarovful for any person to engage
in the business of peddler as defined in ,,^,•ection 2 of this ordinance within the corporate limits
of the ;ity of s~7est ~ernlzhis without first obtaining a p,_:rmit and license the-refor as provided
herein,
SECTIOII ~. Definitions, (a) The word "person" as used herein sha.-L1 include the singular
and the plural and steal so rzean and include any person, firm, or corporation, association,
club, copartnership or society, or tiny other organisation, (b) The ;rord "peddler" as used
heroin shall include any person, whether a resident of the City o.f 1Jest Memphis or not, travell-
ing by foot, zvai;on, automotive vehicle, or any other t~;g,e of conveyance, from place to place,
from house to house, or from street to street, carr;Ting, conveying or transporting foods, wares,
merchandise, meats, fish, vegetables, fruits, garden trrtck, faun products or provisions, offer-
inz and e.,~,osing the same for sale, or making sales and c'.el_iverin a.rtieles to purchasers, or
tvho, vrithout travelling from plane to place, shall sell or offer the same !'or sale from a ~~ra.gon,
automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one
~:dzo solicits orders and as a separate transaction makes deliveries to purchasers as a. part of a
scheme or d,.:siT;n to evade the provisions of this ordinance shall be deemed a peddler subject to
tl:e provisions of this ordinance. The vrord "peddler" shall inclueie the vrords °hawker'~ and
'huckster,"
SPCTIOII 3. application. Applicants for p;rrnit and license under this ordinance must file
with the City Cler~rn application in vrriting ("in duplicate) on a form to be furnished by
the City Clerk, which shall give t}ze following informations
(a) Alame and description of th.e applicant;
(b) Address (le6al and local);
(c) A brief description of the nature oi' the business and the goods to be sold and in
the case of products of farm or orchard, vrtrether produced or grown by the applicant;
(d) If employed, the Warne and address of the employer, together vrith credentials
establishing the exact relationship;
(e) The len,th of time for which the ri;iit to do business is desired;
(f) if a vehicle is to 'oe used, a. description of the sane, together with license number
or other means of identification;
(g) r~ statement as to rrnctlrer or not the applicant l;as b~sen convicted of any crime,
misdemeanor, or violation o~: any municipal ordinance, the nature of the offense and
the punisltrnent cr penalty assessed. therefor;
k~~`
(h) rt the tir:re of filin;; the application, a fee of ,~r,00 shall be paid to the City Clerk
to cover the cost of irrocatigation,
SCTIOT( 1G. Tnvesti~ation and Issuance. (a) Upon receipt of cnzch application, the ori~~irral
shall be referred o e rie o o ice, who shall cause such irrvesti~ation of the applinant~s
business and moral character to be made as he deems necessary for the protection of the public
good.
(b) If as a result of such investigation the applicants character or business responsibility
is found to be unsatisfactory, tl-~e Chief of Police shall endorse on such application his disapproval
and hie reasons for the same, and return the said applicati.cn to the City Clerk, vrho shall notify
the applicant that his ar;plication is disapproved and that no l,ermi_t and ]_icense will be issued.
(c) ~f as a result of such investigation, the character and business responsibility of the
applicant are found to be satisfactory, the; Chief of Police shall endorse on the application 'his
approval, execute a perrnit addressed to the applicant for the carr;,•i.ng on of the business applied
1'or and return said permit, along vrith the alplicaton to the City Clerk, lvho shall, upon pa3nnent
of the prescribed license fee, deliver to the applicant his perrnit and issue a license. Such
license shall contain the siorature and seal of the issuing officer and shall. shove the name,
address of said licensee, the class of license issued acrd the l:incl nP (;nods to lae sold th?reunder,
the amount of fee paid, the date of issuance and the Length of time the same shall be operative,
as .yell as the license number and other iderrtif~ring description of rury vehicle used in such peddling.
The Clerlc shall keep a yoerrnanent record of all licenses issued.
S1;CTIOPT ~. Fees. (a) Computation of:
(1) a}25,00 per ~~ear for each person proposing to peddle or, foot;
(2) Y72~.00 her gear for each person proposing to peddle by using haird cart, or push cart;
(3) ;~2~',00 per yezr for each person proposing to peddle from a ~!a;on, motor vehicle,
railroad car, or other vehicle conveyance;
(f~) ;~2;,U0 per year for each helper, or assistant to those using vei,icles, :-Bich helpers
roust procure the pernit vzd license as herein provided for peddlers.
(5) No fee shall be required of one selling products of the faun or orchard actually
produced by the seller.
(b) Basis of Fees. Tlie annual fees herein provided for sY:all be assessed on a
calendar year basis.
SECTIOTT 6. Transfer. 1+0 license issued undc;r the provisions of this ordinance shall be
transferrable,
S:~CTION 7. Loud noises and ~~ea_~vices. TJo peddler, nor any person in his behalf,
shall shout, make any tryout, Ti1ow a o`~rn, ring a bell or use any sound device, including any
loud speaking radio or sound amplif;;-ing system upon any of the streets, alleys, parks or other
public places of said city or upon orgy private premises in the said city where sound of
sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon
the streets, avenues, alle~rs, parks, or :.ther public places, for t1:e=. purpose of attracting
atteltion to any goods, wares o'r merchandise .rhich such licensee iroposes to sell.
SECTIOPI t3. Use of Streets. do peddler shall have an~~ exclusive ri;;ht to any location
in t'.ie public stree s, nor s is any be perrnittc:d a stationary location, nor shall he be
permitted to operate in any congested area :~irere Iris operations ,night irn ede or inconveniece
the oublic. For the purpose of this ordinance, the judE~,:rait of a. police officer, e:.ercised in
cod faith, sha7.1 be deemed conclusive as to ~shetl-~~r the area is congested or the public impeded
or inconvenienced.
;i;CT70! 9. ;~;.hibition of License. Peddlers ara required to e1:lrik~it their licenses at the
request of arr~r ci izen.
S_:CTICP~1 10. Duty of ~'nlice to 3fiforce, It shall be the duty of airy police officer of the
City of ~+ost ~~lenvpliC s to require any person seen ,eddlin;;, and lvt;n is ;ZOt kno-rm b~~ such officer
to be duly ]_icensed, to produce his peddlers license <:nd to enforce the provisions of this
ordinance against an-,r lierso:. found to 'ue violating; the same.
S13CTIODI il. Records. The Chief of Police shall report to the City Clerk all convictions
for violation of is ordinance and the City "lerlc shall maintain a record for each license
issued and record the reports of violation therein.
SLCTIOT? 12. Revocation of License. (a) Perr~rits ant licenses issued under tha provisions
of this ordinance may oe revo e y re Chief of Police or City Clerk of the City of "(est Tlemphis
after notice and herxing, for :ury cf t]re following caries;
(1) Fraud, misrepresentation, or f also stat:~.~errt contained in the application for license;
(2) Fraud, ,nisrepresent~-~tion or false st_:.teraent made in the „Durso ,_f carr;-in; on his
business as peddler;
(3) Any vinl~rtion of this or^dinance;
(IG) ~onvicti.or. of any cr.me or misdemeanor in:~olving moral tur~~itude;
(K) drndactiug the brts5.n~as of peddling; in r~i ,.rnlarrful rnannar or in such a rr.~u~lner ~_s to
constitute a breach of tl:e paa.ce or to aonstit~.,te a ::~tnacr: to tl-.e health, sa.fet;;r, or
~~en.errl ~.relfr:re o:' the pu'~li c.
(b) Plotice of the hearin„ for revocation of a 1_.cense shall be given in ti•rriting, setting
forth spE:cifically the grounds of complaint and the time and place of heari.n~. Such notice shall
be rn-riled, postage prepaid, to the .Lice,tsee at. i,is last krzovrn address at least five (5) days
prior to the date set for hearing.
"'1CTT011 13. Appeal. b:!y person. aggrieved by the action of the Chief of Police or the City
l;7erk in the denial or' an application for ~armit or ~iicense as provided ._n section l4 of this
ordinance, or in fire decision ,rith reference to the revocation of a license as provided in
Section 12 of tlris ordinance, skrall have the rizht oi' appeal to t.ha Council of the City of
'•~est Memphis, Such app_~al shall be taken Uy z:ilir:~~ r;ith. the Council, ~Jithin fourteen (lli) dais
after notice of the action corn~l:~ined of has been mailed to such person's last kno;un address,
a raritten stater,ent setting forth fully the grounds for tl,e appeal, The Council shall set a
time and place for a hearing on such a~poal and notice of such hearing= shall be riven to the
appellant i.n the same :Wanner as provided in Section 12 of this ordinance for notice of hearing
en revocation. The decision and order of the Cvur;cil or. such appeal sha~.1 he final. anrk
conclusive.
SiCT1SP1 1Lt, I>cpiration of license. !~11 ar;nual l:icer;ses is:u~d ~zncier the -provisions of
this ordinance st~al_ . e.q,>.re ont.~.e 3~s't of Uecer.bcr in tha ;dear when issued.
C>CTIOPI 15. Penalt~T, r".r;y Ersnn violat.in~ any of the provisions vi this ordinance shall,
zpon conviction t.,er~ eo~~aa punished by a iin~: not to exceed one-lrrmdred dollars (~1~0.00) or
b~~ itaprisonrnent not to exceed n0 days or both such fine and imprisonment.
S~CTI011 16. Severance Clause. The' >rovisione of this ordinance are declared to be severable
and. if any section, sentence, cla~.tse, or phrase of this ordi:~ance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses and phrases of this ordinance but they shall remain in effect, it
being the legislativa intent th:~t this ordinance sha-1 stand notvrithstanding the invalidity of
ar;y ..,art .
Si~CTIOYd 17. kiepeal of Couflicting= Ordinances. uil ordinances or parts of ordinances
inconsistent with e provisions o t isis o~in~ince, be and tl;e same are hereby repealed.
SE'CTIOPI 18, kJnerg;ency Clause, it is found artd declared to be a fact that there are
nunerous persons cone uctrlni t ,e :;siness of peddling; in the City of ':lest i~er,;phis, th'~t there
is no adequate licensing ordinance regulating; said Uusiness, that it is necessary to protect
the public peace, haa:~_th and safety vi' tY,e citizens ,:f ':+est ~~emplzis, therefore an emergency
is declared to exist and this ordinance shall be in lull force arrd effect from and after its
passage and approval.
;. ;~, ~,r„a ;: tom:
"An Ordinance Defining, Re;,nrlating and Licensing solicitors and Canvassers aid F'rcvidin
Yc:nalties *or the V.-olation Thereof," prepared by the City Attorney ~;as introduced in writing
and read in f~11 by Alderman 1~+IcAuley,
Upon the matter being called to vote, the folluu+ing voted:
1~;;re: O~rrrtis r'vster, 0, I, Rollin„er, G. •l. wkcAuley, R, R, l,lorley, and J. t~. Jo]n,~tson,
Nay: Prone.
The proposed City Plan -urns discussed and it eras a~,reed that there be a joint meting of
the Council and Planning ~;onmti~sion at 7:50 P,L1, January 23th at ti,~hich meeting i~,r. ~;rbringer
Mould be present to discuss :with the Council and Planning; Commission the Plan.
The Building; Inspector presented the building r>ermits he had authorized to be issued.
lotion r-ras made, passed, and adopted to cotuir~a the actions of the Blxilding Inspector in the
issuance of the follor;ing bui .ding permits:
G. .1. Piiciauley
Trade Overstreet
14oi~roe G, gandol
Victoria Clark
R. ~kontgomery
Clara Hurd
J, J, 17}tvdes
Motion ores rrwcle by ,~derr:ran Johnson and seconded li~~ tlldrrnan roster to approve, authorize,
ratify, and~or confirm pa;,7rrent of the following, bills:
John ;.'IcCullar ;r33.~~0 Otis lia_.l a,~15.00
John DaUner 33.00 Do~n;e Dockd 125.00
J. T, Holmes 29.63 Jean Hillencarno 112.50
].d Hudson 1Lt.25 H. i;, Holland 250.''x0
Paul Sides 12.50 H, L, Hol_.and 30,00
Sarah Smith 35•'00 P,i'c, Dacus 150.60
Henry ioung 32.50 i, P, vernhard 50,00
Henry Palmer 20.lt8 Dayton Sac;cett 25,00
Sewer Revenue Cert, l~drs, P:i, li, lrrrie 35,00
Indebt. Fflrnd 2,600.00 C, 0. Burro~r 175.00
Union Planters Ilat. C, 0, B;.rrotiv 30.00
sank :.. Trust Co. 2,005.0 G. G, I{ietzrcan 300,OC
United Stag Pipe ~ 1. H, Cns}nuan 300.00
oundary Co, 2,035.53 C, Ii. ~ro~,vn 10. JO
Blzzs - carrTlPruED:
~i __ _ ~.
G. t'!. P~ichuley °.p'10.00 j `
Curtis roster 10,00
U, I, Bollinger 10.00 ~ ~
J. A. Johnson 10,")0 ~ ~
R. R, lviorlay 10.00 ~
J. H. Spears 75.00
U. J. Hatton 200.00
~ J. T, Ross ~
190.00
I ~
~,~ Louis Hathcock 150.00
J, F. ';!right 200.1)0 ! I
J, F. ~ru"right 30.00 ~ I
j P'. T. lto~?ers 190.00 ' I
Dirs. J. F. ,lri~;ht 233.70 ' !
~
Choctovv, Inc.
~~
179.°'~ ; .
j
~ Henz~yr ~°oung 32.50 ' I
'~ Henry Palmer 29.25
'. Robert iuicP:er 27.00
John l~icCullar 33.00
~'~ John 7abner 33.~J0
Ed Hudson 6.75 t
~ J. T. Homes
~
10.'03
', garah grnith I
35.00
Riectnsan-Crosby Com,~any 7U~.95
Upon the matter being called to vote, the follovairY~ voted:
Abe: Curtis Foster, 0. ~. B~-~-linger, G. .!. 1.~IcAuleV, it. i3. P~iorley, and J. .;. Johnson.
Nay: None.
i~o further b:~sinass anpearin;, the meeting -,vas adjourr:ed.
~'~_~ az~~~~
r~i~~YaR
ATT~CT:
CITY CLERK
SPPROVi~: Fi;BRUARY !~, 1948