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November 17 , 194820 MIIIUTiS OF H Rr;iiU1;AR MEETING OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS NOVEMBER 17, 1948 The Council of the Oity of YYest Memphis in the County of Crittenden, State of Arkansas, met in a regular session at the City Hall in said City at 7;30 P.M. on the 17th day of November, 1948. The meeting was called to order by the Mayor, and the roll being called there were: Presents P. Id. Dacus in the chair and the following named Aldermens R. R. Morley, G. W. McAuley, C. H. Rowton, Curtis Foster; City Attorney J. H. Spears and City Clerk H. 0. Coats. Absents Aldermen O. I. Bollinber and it, L, Garrison. It being determined a quorum was present, the following proceedings were had to-wits Minutes of a meeting on November 3, 1948, were read and approved. The use o.f Fire Department Equipment out of the city limits was discussed, Mayor Dacus was authorised to notify the Chief of the Fire Department that the City~s Fire Trucks were not to answer a fire alarm east of the levee on Hightivay 70 without special permission. Recommendation of Chief of Police Holland to appoint Mr. Tommy Johnson a~ a member of the Police Department as a nibht officer was approved by the (rouncil. Alderman ldorley advised the Council that the City Beautification Committee had received approval from the Arkansas Highway Department on plans submitted for the beautification of the triangle at the intersection of Highvrays 61 and 70, and the Committee was now requesting the City to make their recommendations on the plans. The City Council advised Alderman Morley that the plans as submitted to the Arkansas r'ighrvay Department met with the City~s approval and commended the Beautification Committee on their progress with this project. Mr. Jimmy Moore, local photographer, met with the council and discussed the proposed Photographers Ordinance that had been read for the first time at the meeting on November 3rd. After the discussion the ordinance was read the second time by Alderman Foster. Alderman Morley then moved that the rule requiring said ordinanc® to be read in full on three different days be suspended and that said ordinance be now placed upon its final adoption; motion was seconded by Alderman McAuley, 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 follow- ing voteds Aye= Curtis Foster, R. R. Morley, G, ~~. McAuley, C; H Rowton. Nays Alone. VYhereupon 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 Rowton, who moved its adoption, seconded by A13erman Foster, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voteds Ayes Curtis Foster, R. R. Morley, G. VY. McAuley, C. H. Howson. Nays None. YJhereupon the Mayor called to the Councils attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by th® Council on this clause. VYhereupon motion was made by Alderman Morley and duly seconded by Alderman Rowton that the emergency clause of said ordinance be adopted, and the roll being called, the following voted; Ayes Curtis Foster, R. R, Morley, G, W. McAuley, C. H. Rowton. Nay: None. iVhereupon the ldayor 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 Ordinances of the City of iNest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No, 160. Said ordinance to which no amendment was offered read as follows; ORDINANCE N0. 160 AN ORDINANCE LICEFlSING PHOTOGPIiPHERS, PROVIDING PENALTY FOR T1~IE VIOLATION H~,EOF, REPEALING ALL ORDINANC'~S IA! CONFLICT HERFlYITH. Be it enacted by the Council of the City of West Memphis, Arkansas Section 1. UNLAWFUI, TO ENGAGE IN 13[TSINESS OF PHOTOGRAPHY IYITHOUT PER1,1'LT. That it shall be unlawful for any person, firm or corporation, to engage in the business of a transiat, itinerant, or resident stuido, photographer within the City of 1'Yest Memphis, without having first procured a license therefor, as hereinafter provided, from the Cit~,r Clerk. Section 2. PHOTOGRAPHERS CLASSIFIED AND DEFINED. Photographers shall be defined as followst (a) A transient photographer, as referred to herein is defined to be a person, firm, or corporation who engages in the business of, or solicits the taking, coloring, enlarging or selling of finished photographs for profit in the City of West Memphis, Arkansas ands (~1) Maintains a stuido or place for the solicitation, taking finishing, coloring, enlarging or selling of photographs in the City of uJest Memphis for less than six successive months in any one year, or, (2) Maintains a studio, or other place of business in the City of lYest Memphis for the solicitation, coloring, enlarging or selling of photographs which is not equipped to finish sanie and who does not in fact himself or through others, cause photographs taken by or for him to be finished, colored or enlarged within the City of ~Yest Memphis. (b) An itinerant photographer, as referred to herein is defined to be a person, firm or corporation who solicits the tol:ing, finishing, color- ing, enlarging and sale of photographs for profit in the City of West Memphis and who has no studio or other place of business in the City of West Memphis for the taking and finishing of photographs and equipped therefor. (c) All persons, firms or corporations engaged in the business of taking, finishing and selling photographs who maintain a studio or other place of business equipped for the enlarging, coloring or finishing of photographs within the City of GYest Memphis for six months or more in any one year and who in fact carry on the business of taking, finishing, coloring, enlarging a° selling photographs within the City of i'Jest Memphis for profit, shall be known as resident studio plrotoo aphers. Section 3. LICENSE FEES. The license fees for itinerant and transie~4 photographers, as hereinabove defined, shall be X25.00 per year, or fraction thereof, for each person so peddling, delivering or soliciting, a.s aforesaid; the license fees for resident stuido photographers shall be Twenty-Five 025.00) Dollars per annum, or fraction thereof, and an additional license fee of °5.00 per annum shall be charged for each solicitor or salesman employed by said resident studio photographers, itinerant, or transiet photographer; said license to expire December 31st follow- ing issuance thereof, and shall not be transferable. Section 4. BOND REQUIRID. That any itinerant or transit photographer, as herein defined, or any other person, firm or corporation, who may desire to qualify and be classified as a resident stuido photographer, as herein defined, shall, upon making application for such a resident studio photographer's license, deposit with the City Clerk of the City of ?gest Memphis the sum of X100.00 as a bond to guarantee his or its full and complete complaince with the provisions hereof; that, after having Hilly qualified as such a resident studio photographer, as herein defined, said deposit shall be returned to said applicant less the license fee of Twenty- Five 025.00) Dollars for one annual license for a resident stuido photographer to be dated from the date of the original application therefor, or any itinerant or tranaiet photographer, as herein defined, may in lieu of posting the cash bond hereinabove provided for, may file with the City Clerk a Surety bond executed by some corporate surety company authorized to do business in the State of Arkansas in a penal sum of not less than X250.00 as a guarantee of his or its full and complete complaince with the provisions hereof; that after having Hilly qualified as such a resident photographer, as herein defined, said Bond shall be returned to said applicant upon the payment of the annual license fee as herein provided. Provided, that in case said applicant shall fail to qualify and be classified as a resident photographer, the total amount deposited as bond or the surety bond shall thereupon be forfeited. ,section 5. PEPlALTY. That any person, firm or corporation vjdating any of the tetras of this ordinance shall, upon conviction, be fined in the sum of not less than $25.00, nor more than X100.00 for each offense, and each day such person, firm or corporation engages in said business in violation of this ordinance, shall be deemed a separate offense. Section 6, REPEALING CLAUSE. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. EMl'R.GENCY CLAUSE. In the opinion of the Council, this ordinance is necessary for the immediate protection and preservation of the public health, safety, convenience and general welfare, and it is enacted for that purpose, and skiail be in full force and effect from and after its passage and approval. is i:-i(3HHk ~o~ The Building Inspector presented the building permits he had authorised to be issued. Motion was made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of the follo~ring building permits: Leroy Matthews Conel Riley Savannah Green E~nnie Jordan Alice Roberson Lillie ~~ae ~~nderson T3ai1 Ball Henry Freeman No further business appearing, the meeting was adjourned. ~~ MAYOR ATTESTr S CITY CLERK AFPRQVEDt DECE2dRFFi 9, 1918