Loading...
February 21, 1963so MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WFST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 21ST DAY OF FEBRUARY, 1963, AT 3:00 P.M. The City Council of the City of West Memphis, Arkansas, met 9.n an adjourned session in the City of West Memphis at 3:00 P.M. on the 21st day of February, 1963. The following were present: Aldermen: Earl Felts, Paul Matthews, Y. ~0. Sims, C. H. Rowton, and R. C. Bowie; Mayor Bob Eden and City Attorney W. H. Dillahunty. Absent: Aldermen: 0. I. Bollinger and Kirby Leggett. It being deter:rdned a quorum was present, the following proceedings were had to-wit: Motion was made by Alderman Mathews, seconded by Alderman Felts that the meeting be adjourned. Upon vote, the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, and Bowie. No: None. ATTEST :_ APPROVED: IdiRCH 7, 1963 ,`. R 81 __ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 21ST DAY OF FEBRUARY, 1963, AT 3:05 P.M. II I The City Council of the City of West Memphis, Arkansas, met in a regular session in the City of West Memphis at 3:05 o'clock P.M. on the 21st day of February, 1963. The meeting was called to order by Mayor Bob Eden, and the following were present: Aldermen: Earl Felts, Paul Matthews, Y. G. Sims, C. H. Rowton, and R. C. Bowie; and City Attorney W. H. Dillahunty. Absent: Aldermen: 0. I. Hollinger and Kirby Leggett: It being determined a quorum xas present, the following proceedings were had to-wit: Minutes of Council Meetings on February 7th were approved as read. City Attorney Dillahunty informed the Council a vacancy exists in Ward 1 due to Alderman Bob Eden being elected Mayor on February 20, 1963, and taking Oath of Office prior to the Council Meeting. Mr. ITillahunty advised the Council according to Statutes of State of Arkansas the vacancy is to be filled by the Council electing a citizen of the Ward to fill the unexpired term. Alderman Rowton presented to the Council the following letter: February 11, 1963 To The City Council: In as much as I will be out of the City and State for the next Council Meeting on February 21, I consider it a privilege and pleasure to nominate Francis Weis as Alderman in Ward 1, to replace Bob Eden. /S/ KIRBY LEGGETT, ALDEAMAN After discussion, motion was made by Alderman Rowton, seconded by Alderman Felts: That Francis Weis be elected as Alderman from Ward 1 to fill the unexpired term of Mayor Bob Eden. There being no further nominations, upon a roll call vote, the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, and Bowie. No: None. Mayor Bob Eden appointed H. D. Holland as Chief of Police Department and Elmo Anderson as Chief of Fire Department. Motion was made by Alderman Matthews, seconded by Alderman Rowton: That the appointments of H. D. Holland and Elmo Anderson be approved. Upon roll call vote, the voting was as Follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, and Bowie. No: None. City Attorney Dillahunty brought to the Council's attention due to additional requirements for easements for the proposed airport, the City had requested additional money from the Housing and Home Finance Agency thereby increasing the amount oP the loan, and the following Resolution had been prepared for the Council's consideration: RESOLUTION N0. 260 --- ACCEPTANCE OF AMENDATORY OFFER WHEREAS, the United States of America (herein called the "Government") made an Offer of-a loan dated September 21y, 1962 to City of West Memphis, Arkansas (herein called the "Borrerer") to assist in defraying the cost of construction o£ the public works therein described, identified as Project No. PFL - Ark - 21y1, which 0£fer was accepted by the Borrower on October 1, 1962; and WHEREAS, the Government has submitted an Amendatory Offer, Amendment No. 1, dated February 8, 1963, to said Offer, which Amendment No. 1 has been duly read in open meeting, fully considered in accordance with all pertinent rules of procedure and legal requirements, and made a part of the Borrower's public records; and WHEREAS, it is deemed advisable and in the public interest that said Amendment No. 1 be accpeted; NOW, THEREFORE, BE IT RESOLVED by City Council of West Memphis, Arkansas, that the said Amendment No. 1, a true and correct copy of which is hereto attached, be and the same hereby is accepted without reservation or qualification. Passed by the aforementioned governing body of the Borrower on the 21st day of February, 1963. ~~'/7~ Date: 21st day of February, 1963 Titled: MAYOR Approved as a Valid Acceptance of the above- mentioned Amendatory Offer. A oney-a - w Motion was made by Alderman Rowton, seconded by Alderman Mathews: That the resolution be adopted as presented. Upon vote, the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, and Bowie. No: None. B2 Mr. Francis Weis anrived at the meeting upon being notified of his election as Alderman from Ward 1. The Oath of Office was administered by Municipal Judge Edward J. Rubens. Mayor Eden informed the Council he had requested the City IIttorney to prepare an amendment to Ordinance No. 370, an ordinance providing for the licensing of dogs, in as much as it is an inconveniece to owners of dogs to have to have dogs vaccinated then come to City Hall for tags, also he felt better control of licensing of dogs could be had. After discussion of the City's responsibility for notifying owners of :, licensed dogs that are impounded within the six day period before they are destroyed if not redeemed, and other matters pertaining to the dog pound, Alderman Rnwton introduced an ordinance entitled "An Ordinance To Amend Ordinance No. 370 Which Is Entitled "An Ordinance Providing For. The Licensing Of All Dogs Within The Corporate Limits Of The City Of West Memphis, rkansas; Prohibiting Dogs From Running At Large Withitt The Corporate Limits OfaFfest Memphis, Arkansas; Authorizing The Impounding And Dstruction Of Dogs; Providing A Penalty; Provide For The Repeal Of Ordinance 196 As Amended By Ordinance 251; Ordinance 199 As Amended By Ordinance 252 And All Ordinances In Conflict Therewith" which was read in £ull by Alderman Sims. Alderman Felts then moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Bowie and on the roll being called the voting was as follows: Yes: Aldermen:. Felts, Matthews, Sims, Rowton, Bowie, and Weis. No: None. More than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Matthews then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Weis, and on the roll being called the voting xas as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Weis. No: None. The ordinance having been adopted, attention was called to the fact that Section 5, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Rowton then read Section 5 again. Alderman Sims moved that Section 5 be adopted. This motion was duly seconded by Alderman Felts, and on roll call the following voted: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Weis. No: None/ The ordinance and the emergency section had been duly passed, and thereupon the Mayor signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. ORDINANCE N0. 432 AN ORDINANCE TO AMEND ORDINANCE N0. 370 WHICH IS ENTITLED "AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS WITHIN THE CORPORATE LIND:TS OF THE CITY OF WEST MEMPHIS, ARKANSAS; PROHZBITING DOGS~FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF WEST MEMPHIS, ARKANSAS, AUTHORIZING THE Il~iPOUNDING AND DESTRUCTION OF DOGS; PROVIDING A PENALTY; PROVIDE FOR THE REPEAL OF ORDINANCE 196 AS AMENDID BY ORDINANCE 251; ORDINANCE 199 AS AMENDID BY ORDINANCE 252 AAR) ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Section 2 (a) of Ordinance No. 370 is amended to read as follows: All dogs kept, harbored, or maintained by their owners in the City of West Memphis shall be licensed and registered if over three (3) months of age. Dog licenses shall be issued by the City Clerk or veterinarians in the City of West Memphis upoh payment of a license tax of One and 25/100th Dollars ($1.25) for each dog. Veterinarians purchasing licensee from the City of West Memphis shall pay the sum of One and No/100ths Dollars ($1.00) for each license and shall be entitled to retain the sum of Twenty-five cents ($.25) from each One and 25/100tha Dollars ($1.25) license for their expense in the handling of same. The provisions of this section shall not be intended to apply to dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show, nor to "seeing-eye" dogs property trained to assist blind persons vhen such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. Section 2b of Ordinance 370 is amended to read as follows: Licenses for dogs as hereinabove provided shall be purchased on or before the first day of February of each year for the ensuing year. SECTION 2. - Section 6 of Ordinance 370 is amended to read as follows: The owner of aqp licensed dog that is impounded shall be notified and the owner of arty dog so impounded map reclaim such dog upon payment o£ all costs and charges incurred for maintenance of said dog. In addition to such charges, the owner shall pay the sum of Two and No/100ths Dollars ($2.00) to the City of West Memphis for permitting said dog to run at large and requiring same to be impounded. SECTION 3. - Section 7 of Ordinance 370 is amended to read as follows: All licensed dogs that are impounded shall be kept for a period of six (6) days, and if at the expiration of six (6) days, such dog shall not have been redeemed, it may be destroyed. All unlicensed dogs that are impounded shall be kept for a period of forty-eight (48) hours and if at the expiration of forty-eight (48) hours, such dog shall not have been redeemed, it may be destroyed. Arty dog which appears to be suffering from rabies or affected with hydrophobia, manage or other infections or dangerous disease shall not be released but may be forthxith destroyed. SECTION 1:. - All other provisions contained in Ordinance No. 370 shall remain in full force and effect except as herein specifically amended. SECTION 5. This Ordinance being necessary for the safety and welfare of the inhabitants o£ the City of West Memphis an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage. City Attorney Dlllahunty informed the Council he had been working on the problem of licensing and regulating drive-in Theaters, and after extensive study and research he had prepared an ordinance for their consideration. Alderman Weis introduced the ordinance entitled "An Ordinance Licensing And Regulating Drive-In Theaters; Providing For Inspection And Supervision; Setting Forth Standards Of 9peration; Providing For Revocation Of Licenses; And prescribing Penalties For The Violation Of Its Provisions" which xas read in full by Alderman Mathews. Alderman Bowie then moved that the rule requiring the reading in Rill of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Felts and on the roll being called the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Wets. No: None. More than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Sims then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Rowton, and on the roll being called the voting was as follows: Yea: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Weis. No: None. The ordinance having been adopted, attention xas called to the fact that Section 13, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman 1Qeis then read Section 13 again. Alderman Matthews moved that Section 13 be adopted. This motion xas duly seconded by Alderman Felts, and on roll call the £olloxing voted: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Weie. No: None. The ordinance and the emergency section had been duly passed, and thereupon the Mayor signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. ORDINANCE N0. la33 AN ORDINANCE LICENSING AND REGULATING, DRIVE-IN THEATERS: PROVIDING FOR INSPECTION AND A&PID SUPERVISION; SETTING FORTH STANDARDS OF OPERATION; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. - That it be, and is hereby, found and declared by the City Council of the City of Weat Memphis, Arkansas, that there is a tendency to have public disturbances, the unlawful and excessive drinking of intoxicating liquors, quarrels, affrays, disorderliness, lewd and lascivious conduct in and about dries-in theaters and that such places of business are commonly operated at late night, resulting in numerous law violations and annoyances to inhabitants residing thereby, all of which would produce material annoyances, inconvenience, discomfort and injury to the residents in the vicinity of such places and that the operation and conduct of such drive-in theaters has potential evil consequences tolthis city and its inhabitants, and is detrimental to the morals, health, welfare and safety of the City and its inhabitants; that such operations should have regulations and controls to insure that such above enumerated events do not occur. SECTION 2. - Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein when not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the aigular number include the plural number. The word 'shall" is always mandatory and not merely directory. (a) "City" is the City of West Memphis. (b) "Drive-In Theater" is any premises in which motion pictures are projected upon a screen or theatrical performances given for viewing by patrons seated in automobiles or other vehicles and for which an admission charge is made. (c) "Licensee" is a person having a City License in full farce and effect issued hereunder for a drive-in theater. (d) "Person" is any person, firm, partnership, association, corporation or organization of any kind. SECTION 3. - License Required. No person shall construct, operate or maintain a drive-in theater within the City without first obtaining a license as hereinafter provided from the City Clerk. SECTION Lt. - Application procedure. Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the City Clerk and shall state: (a) The name, home address and proposed business address of the applicant; (b) The number of automobiles or other vehicles t~d:ich the drive-in theater is designed to accomodate; (c) The hours of operation for said drive-in theater; (d) The names, addresses and number of employees and attendants; and (e) Such other information as the City Clerk shall find reasonably necessary to effectuate the purpose of this Ordinance and to arrive at a fair determination of whether the terms of this Ordinance have been complied with. (1) Plat or drawing. An application hereunder shall be accompanied by a plat or drawing of said drive-in theater showing: its location, size and capacity; location and size of entrances and exits; kind of ground surface; location, size and construction of all structures; and location, size and construction of walls, fences or barriers surrounding said premises. SECTION $. - Application Fee. An application hereunder shall be accompanied by an application fee of One Hundred Fifty and No/100th Ibllars ($150.00) which is the license for drive-in theaters. SECTION 6. - Hond or Liability Insurance Required. Every application for a license hereunder shall be accompanied by a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of Arkansas, in the penal sum of One Hundred Thousand and No/100th Dollars ($100,000.00) conditioned upon the payment by the licensee of any and all final judgments for injuries or damages resulting to persons or property arising out of the operation or maintenance of any drive-in theater. A liability insurance policy issued by an insurance compar~y authorized to do business in the State of Arkansas, confornd.ng to the requirements of this Section, may be permitted in lieu of the bond. SECTION ~. - Within five (5) days after receipt of an application as provided for herein, the City Clerk shall cause an investigation to be made of the applicant and his proposed drive-in theater operation by the Police Department and the City Inspector or other officials deemed necessary. SECTION 8. - Standards for Issuance. The City Clerk shall issue a license hereunder when he finds: (a) That the applicant and all employees and attendants are of good moral character and capable of operating the proposed business in a manner consistent with public safety and good morals; (b) That the bond or insurance policy, as required by this Ordinance, has been procured; and (c) That the requirements of this Ordinance and of all other governing laws and ordinances have been met. SECTION 9. - Duties of Licensee. A licensee hereunder shall comply with the following requirements and standards of operation: A. Conduct and Operation (1) Quiet and good order. The licensee shall maintain quiet and good order upon the premises where arty drive-in theater is operated and loitering shall not be permitted in or about the entrances to or exit From such theater. (2) (a) Indecent and Misleading Advertising. The licensee shall not permit indecent, obscene, immoral or suggestive advertising on the premises of ar~p drive-in theater, and no picture or other form of advertising shall be permitted which is not true to the theatrical performance or moving picture entertainment so advertised, or which misleads or misinforms the public as to the nature of the picture or entertain- ment to be exhibited. (b) The licensee shall not permit indecent, obscene, iamaral :cr suggestive movies or exhibitions and no motion picture or exhibition shall be permitted which present persons who appear naked or partly so. (3) Hours of Operation. The licensee shall not conduct any show, exhibition or entertainment or remain open to the public between the hours of 12:00 o~clock (midnight) and 12:00 o~clock noon on Slu:day and between the hours of 1:00 o~clock A.M. and 9:00 o~clock A.M. on other days. (4) Children Must Be Accompanied. The licensee shall not permit arty child or children to any drive-in theater unless accompanied by or in direct personal charge of his or her parent or responsible person for ~ movies advertised for "adults only' . (5) Intoxicating Liquors. No person, upon the premises o£ a drive-in theater, whether in or outside an automobile, shall give, have in his possession, or under his control, or offer to give to another to drink arty intoxicating liquors, nor shall a licensee hereunder permit such conduct. (b) Standards £or Maintenance of Premises. (1) Access. The licensee shall provide access available to public streets or other public ways from at least two points at all times. Such means of access shall be kept clear by the licensee at all times to facilitate departure of persons in vehicles and to permit entrance of fire apparatus or ambulances in case of emergency. (2) Paving or treatment. All drives and areas used b9 vehicles must be satisfactorily paved by the licensee or treated to avoid creating dust. (3) Lighting. Exits and aisles and passageways leading to them shall be kept adequately lighted by the licensee at all times when open to the public. (1:) Fire Extinguishing Equipment. Fire extinguishing equipment shall be furnished by the licensee in such amount and in such locations as may be directed by the Fire Chief. Fire extinguishing equipment shall be inspected and approved by the Fire Chief before the drive-in theater is opened to the public and shall thereafter be open to inspection by the Fire Chief at all reasonable hours. (5) Sanitary Facilities. Adequate and proper sanitary facilities, approved by the Health Department and City Inspector shall be provided by the licensee. (6) Attendants. At all times when a drive-i.n theater 1s oppn to the public, the licensee shall provide an adequate number of qualified attendants on duty at all times, who shall patrol the exits, entrances and parking spaces to see that order is maintained, that disorderly or immoral conduct is prevented, that the entrances and exits are kept free from congestion, and that this Ordinance and all other governing Ordinances, rules and regulations pertaining to drive-in theaters are observed. (7) Fence or Wall. The licensee of ar1Y drive-in theater shall provide a wall or fence of adequate height to screen the view of the picture or exhibition £rom inhabitants of surrounding property. Such fence shall be of design and structure approved by the City Building Inspector. The perimeter of said fence shall be landscaped with suitable plants and shrubbery to preserve, as far ae possible, harmony with the appearance of surrounding property. (8) Dfo§ae. Individual loud speakers for each car shall be provided and no central loud speaker shall be permitted by the licensee. (9) Commercial Activities. Any sale of soft drinks, confections or articles of merchandise shall be governed by the laws and ordinances governing such business and shall require the same license as if such sales were conducted elsewhere. (10) Premises free from Refuse. No person shall place, throx or deposit any food, beverage, paper, bottle or other waste materials upon the premises of any drive-in theater, nor shall the licensee permit such conduct. SECTION 10. - Revocation. The City Clerk shall have the authority to revoke or suspend a license upon recommendation of the City Council when it finds: (a) That the licensee is operating in violation of this Ordinance or arty other governing law, ordinance or regulation. (b) That the licensee is operating eo as to constitute a nuisance by reason of noise or immoral activity on the premises. SECTION 11. - Ax~y licensee or agent of licensee who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not to exceed Twenty-five and No/100th Dollars ($25.00) for each such violation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 12. - Separability. If any section, sub-section, sentence, clause, phrase or portion of :.this Ordinance is for achy reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 13. - Emergency Clause. It being determined that this Ordinance is necessary for the immediate preservation of the public peace, health, safety and morals of the inhabitants of West Memphis, Arkansas, an emergency is hereby dec3ared to exist and this Ordinance shall be in full force and effect £rom and after its passage and approval. Mayor Eden brought to the Council's attention the Volunteer Fire Department created by Ordinance No. 11 of the Ordinances of the City of West Memphis, had been repealed by Ordinance No. 228 passed July 15, 1952, after Ordinance No. 217 "An Ordinance Creating The Office Of Fire Chief, Assistant Chief, Aide To Chief, Capt~n, Defining Their Duties And For Daher Purposes° had been adopted May 27, 1962. Fire Chief Elmo Anderson informed the Couacil T. H. McOough and Odis Ball were the only two remaining members of the Volunteer Department, and they were not aware of the abolishing o£ the Volunteer Department.# After discussion of pensions, dues paid, and other matters the Chief was instructed to notify the meA . of the Ordinance repealing the Volunteer Fire Department. No further business being presented, motion was made by Alderman Matthews, seconded by Alderman Felts to adjourn the meeting. Upon vote, the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Bowie, and Weis. No: None. ATTEST: ~.~~ = GE-~~' APPROVED: #"Fire Chief Elmo Anderson informed the Council T. H. McOough and Water Rimer were the only two remaining members of the Volunteer Department" MARCH 7, 1963