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April 17, 1951TdINUTES CF A R]GULAR Pv~ETING OI+' TF.E CITY COUNCIL OF THE CITY OF ViIEST Plrs'TIF'H1S, ARKAT]SAS _-- rran arum rrFt.n nr~a>?art, 1 ~_-1~~:=_-_~___ .___ -----_=___ _--_____ __--__ -__--__->-° ____ The Council of the City of West T:Iernphis met in a regular session at the City Hall in said City at 7:3G P.rd. on the .17th day of April, 1951. The meeting was called to order by the Iv]ayor, and the roll being called tl~rere were; Present P,Iayor P. Td. Dacus in the chair arrd the following Warned Aldermen; R. R. Tdorley, Curtis Foster, Jarnes Bledsoe, A. R. I,ianchester, P. B. Pourers, R. L. Garrison, and 0. I. Bollinger City attorney J. H. Bpears and City Clerk Kenneth Hollis. Absent: A1derLnan C. II. 2owton. Light and beater Commissioners A. P. Dacus, E. J. White, Toney Peters, and Charles J. Upton. It being determined a quorum was present, the following proceedings were Irad to-wit: Hinutes of Council T;e~ting on ~,pril 3rd were read and approved. TSayor Dacus announced that a joint meeting of the City Council and the Light ~ uVater Commission had been called for a report of tkre electric distribution system made by the firm of Allen and Hoshall of T,~e;nphis, Tennessee. Upon the failure of a representative of the firm to appear., AJiayor Dacus advised that copies of the report would be distributed to members of the Commnission aruA the Council for their study and consideration, and a meeting for discussion of the report would_be called at a later date. Thereupon, matters pertaining to the Lil;ht ~ bVater Department vrere discussed, and after, completion of the discussions members of the Commission adjourned. BIr. Ewell Forrest and fir. Shibly of the bouthwestern Bell Telephone Company met vrith the Council, as requested, to discuss the privilege license paid by the Company to the City of 1Vest Ivlernphis. i..iayor Dacus inforned the Council of the license fees paid by various telephone companies in the cities of xrkansas as published by the Arkansas Piunicipal League. Also, a report eras made by ter. Forrest on the operations of the Southwestern Bell lclephone Company. Thereupon, the matter eras discussed, and the following ordinance eras introduced in uvriti~rg by Aiderraan T.Iorley. Alderman Garrison moved the adoption of the ordinance, and the motion was seconded by Aldermman Bledsoe, and after due consideration thereof by said Council, the Iliayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted: Aye: ZJlorley, Poster, Bledsoe, I.ianclrester, Pourers, Garrison, and Bollinger. Alai: None. Nhereupon the Mayor declared said motion du1,y 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 Grdinances of the City of ryest Liernphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 198. Said ordinance to vrhich no amendment was offered read as follows: ORDINANCE NU. 198 AN ORDINANCE WHEREBY THE CITY OF WEST I~IEL~H'HIS OF THE STATE OF ARKANSAS AND THE SUUTHVVES`1'ERN BE1,L TELEPHONE CGIaPANY, A MLSSGURI CGRPGRATIUN, AGREE THAT TIC TELEPI]UNE CGbT!'ADIY SHALL CCNTINUE TO OPERr1TE ITS Ti;LEPIiUNE SYSTEI;I AAID ALL HUSII4ESS IA]C1DINTAL 'PO OR CCIdNECTED_VVITH TIIE CQNDUCTING OF A TJ+rLEPHUNE HUSINFS3 ATdD SYSTEM IIQ SAID CI'PY, AND LiiECT AND. LIAIN`CAIN, ITS P1ANT, CUNSTHUCTIGTJ AND ArPURT1~,T3ATICES ALGIdG, ON, GVE1Z, TIIRUUGH, ABGVE, AND UNDER ALL. PUBLIC.S'I'REETS, AVENUES, ALLEYS, PUBLIC GRUUAfDS ARID PLACES IPI SAID CITY, THAT THE. CITY SILILL RECEIVE ATd ATINUAL PAYT.~T1T FRGI,t THC TliLEPIiUI,TE COTSPAIVY, ATdD REPI'AI.IAIG ALL ORDII~:iIdCES AAID AGRE~.~I1'PS IN CGI~LiCT I]Ei~'<EVV-iTH: BE IT ORDAIAIED BY TIIE COUTICIL Ui~ THE C1 Ti OF b`VEiT ],~I."2'HIS OF '=IiE STATE Oi' ;iR]iiI,AISAS that: SECTICTI 1.. The Southwestern Bell Telephone Cornparny, its successors and assigns erein referred to as °Telephone Compares°) shall continue to operate its telephone system and all business incidental to or connected vrlth the conducting of a telephone business and systean in the City of best Memphis, ,3tate of Arkansas, (herein referred to as r~City~~). T]re plant construction and appurtenances used in or incident to the giving_of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said City shall remain as now constructed, subject to such changes. as may be considered necessary by the City in the exercise of its inherent powers and by the Telephone Compar{y in tkre conduct of its business, and said Telephone Company shall continue to ex®rcise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require, along, across, on, over, through above and under all the public streets, avenues, alleys, and the public grounds and 1"rlaces within the limits of said City as the same from time to time may be established. 51 --r-- __ --_- __~_ SECTION 2. The Telephone Company shall pay the City the sum of ---x;750.00--- on the It,ay, 1951 for the period Inlay 1, 1951, to April 30, 1952,, inclusive, and a like sum annually thereafter for a like period on the 1st day of 1~Iay, 1952 and 1953 being a term of 3 years ending April 30, 1954, said payments to be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem ta:;es) which might be im~;osed by the Cit;,r under authority conferred by law, the Telephone Company ahall ixave tl:e privilege of crediting such Burns vritlx arry unpaid balance due said Company for Tele1~hone uervice rendered or facilities furnished to said City. SECTION 3• The Telephone Compar>ur on the request of ar~r person shall remove or raise or over i s wires temporarily to permit tits moving of houses or other structures. The expense of such temporary removal, raising or lor-rering of ti°rires sYrall be paid by the party or parties requesting the carne, and the Telethons Company :,ray require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary ~rire changes. SECTICI•I 4. Permission is hereby Frranted to the Telephone Compaxry to trim trees upon and over-`ganging streets, alleys, sidevral]cs and public places of said Cif so as to prevent the branches of such trees from coming in contact with the vaires and cables of the Telephone Company, all the said tri.uaing to be done under the supervision and direction of any City official to ,rhom said duties have been or may be delegated. SECTION 5. Nothing in this Ordinance contained shall be construed or require or perrrrit any e ec tic light or power wire attachments by the City or for the City. If light or power &ttachments are desired by the City or for the City, then a separate non-contingent agreement shall be a prerequisite to such atbaclunents. SECTI01~1 6. 2lothing herein contained shall be construed as living to the Telephone Company any. e' us:rve privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone s;,rstem rritPrin the City. SECTIOiti 7• All other ordinances and agreements and parts of ordinances and agreements re a ink o the o,.:.eratirxg of or ri~Yrt to operate a telephone system ~,ritPrin said City are hereby repealed. SECTI011 ~. The said Telephone Conrpar£r shall have si;;ty (UO) dad>s from and after its passage arrd approval to file its tirritten acceptance of this oruinance with tyre City Cleric, and upon such acceptance b ing filed, tl.is ordinance sl;all be considered as tal.inl; effect and being in force from and after tine date of its passage and approval by the I,iayor. Coach Robert Edwards of the UJest 1'+lemphis high gchool appeared before ttre Council to present his application for Recreation llirector for the City's Park for the sw;uner of 1951. After discussion of the matter, Coach Edwards was employed for a period of three months at a salary of ~y150.00 per month. Attorney lloyne "odd appeared before the Council in behalf of I+Ir. bred Jaynes, ormer and operator of the Joy Theatre to present plans to re-open the theatre providing stage shows of Might-Club entertainment type rather than Burlesque as had previously been presented. After discussion of the matter, I~r. Jaynes and Attorney llodd were assumed of the Council's co-operation, however, yarned that tJre police powers as provided by Arkansas Statutes vrould be enforced if any obscene acts mere presented. City Attorney ;;pears presented the revised version of Ordinance No. 195 as instructed by the Council at the meeting on April 3rd. After discussion of the matter, Alderman Bollinger introduced the ordinance in writing and read in full. Aldex~aan I.ianclxestor moved that tine rule requirin,; said oxrlina.nce to be read in full on three different days be sus,endeci, drug that said ordinance be placed on its second reading; motion teas seconded irf Alderman I~iorley, and .-thereafter the I;Iayor put the question on the adoption of said r.rotion, an_1 the roll being. called, tlxe following voted; Aye: I:iorley, roster, Bledsoe, l:;arxchester, Powers, garrison, and Bollinger. Nay; None. 1~Yhereupon the Liayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderrrran Bledsoe. Alderman Garrison then moved that said ordinance be norv placed upon its final adoption; rr;otion was seconded by Alderman I:lanchester, and after due consideration thereof by said Council, the 1Jiayor put the question on the adoption of the motion, and upon the roll being called, the following voted; Aye= 1,lorley, Foster, Bledsoe, Idanchester, Powers, Garrison, and Bollinger. Nay' Done. Whereupon the 1,Qayor declared the motion duly carried acrd said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Powers, who moved its adoption, seconded by Alderman Blatoe, and after due consideration thereof by said Council, the Idayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted; Ayes T.Iorley, Foster, Bledsoe, I:Ianchester, Powers, Garrison, and Bollinger. Nay: T1one. VYhereupon the tlayor called to the Council's attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. >i'Aiereupon motion vvas made by Alderman I,Iorley and clul~r seconded by 1l;lderman Potivers that the emergency clause of said ordlinance be adopted, and the roll being called, the following voted: Aye: Morley, Foster, P.ledsoe, LYanchester, Por^iers, Garrison, and Bollinger. Nay' T1one. i111rereupon the k~layor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk ti°ras directed to spread the same upon the record of Ordinances of the City of u~est I~~emphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 199. Said ordinance to which no amencLnent ~r~as offered read as follows: ORDINAIICE NU. 199 AIu ORDIPIAPICE REy1,UIdIP1G VACCINATION OF DOG5 ZtlI'PHiTd TIC CITY UY' WEST T.~I:ir~H:w, ARKr1Al:iAS BE IT ORll1il'iv~D BY TIC CITY CGUT?CL OF TIlE CITY OF ti'dESi hET'~IPHI5: SECTICN 1 - VACCINATIOII ItE~,~UIRED: From and after the effective date of this Urdir_ance all dogs,v~n. ix.n e Ci 4 es .emp is shall be vaccinated at least once each year against rabies, and it is made the dut;,r of all otivners of dogs or person or persons having control of dogs vtithin the Uity of nest l.te;nplris to have such animals vaccinated ti^rith Vaccine against rabies in an amount, quantity and quality to be at~proved by the State Veterinarian. SECTIOPI 2 - UI~,rl.AL'JI'UL FOR DOGS TO RUTJ AT L,'~RGE: From and after the passage an approval of this r inane®. it sha be atitt'u for t e or,mer or keeper of ar~;T dog to pexmnit the same to run at large outside the enclosures of the comer or keeper, unless the Sarre shall have been vaccinated and the license as provided by the Ordinances of tkre Citsy of YJest I:1empPris paid.. It is the duty of all otivners of arty dog to provide same rtith a collar and to see that said vaccination tag and license tag are displayed thereon. Any dogs found running at large in the City of 1"lest l.ieanphis from and after the passage and approval of this Ordinance tirithout exhibiting tag shorting said dog to have been vaccinated within the past ttivelve (12) months and a license tag showing payment of current license to said City, the same shall be taken up and disposed of by the Chief of Police. SEC'LION 3 -ISSUANCE OF TAGS: It shall be the duty of the veterinarian, vaccinating said ogs, o procure srxi a e gs to be issued to any person having a dog vaccinated, and said tag shall show the name of the veterinarian vaccinating said dog and date thereof. It shall be the duty of the oomer or keeper of all dogs to see that said tag is worn by said- dog at all tunes. SECTION ~ - FAI>iURE TO HAVE DGGS VACCITdATED - PE1dALTY: The owner of ax;y dog or dogs or any person aving care an con ro o any og or ogs o fails to have such dog or dogs vaccinated according to the terms of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in arty sum not less than X5.00 nor more than x;25.00 fir each offense. SECTIOPI 5 - :~i:C/I3GEidCY CLAUSE: It being determined and found to be a fact that there are a grea num er o ogs running a arge in the City of ~+est Lleimphis that have not been vaccinated, and that the danger of rabies is prevalent, .this Ordinance, being necessary for the immediate preservation of the public peace, health and safety of the citizens of >,M1lest Z,lernphis, shall tale effect and be in full force from and after its passage and approval. ~~~Ht~:~Ht~t ~t 51e Additional plans for ~~Clean-up~~ YYeek commencing April 23rd were discussed, and Chief of the Fire Departmsxit 1Jhit Murpk~y was appointed to supervise a parade announcing the ~~Clean-ups! Campaign. Mayor Dacus announced that the contemplated ordinance adopting a $ire Code would be considered at the next regular meeting of the Council. The Building Inspector presented the following building permits he had authorized to be. issued, motion was made, passed and adopted to confirm the actions of the Building Inspector in the issuance of the following permits: bars. Marvin Rhyne Mrs. Marjorie Schaffer Adelle Plulan Angel & Bloom Dr. Denke Qhickasaw Lumber Co. - 10 Mary Roland Y~est Memphis Colored School John ~wright _ No further business appearing, the meeting tivas adjourned. C~ ~ .~ ATT//EST: C ' CL APPROVED: MAY 1, 1951