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August 18, 19536~ a ~ ~~~ P111dtJ'I~S OF A RFGUTAR T71sk.T111C. OF TTiG CIl'Y COIRIC77~ OF TIff CITY OF y,/'DST T•II3PIFHIS~ ARICAPIS.AS, 11All ATdD 1~T D OTd AlJGC157:' 18, 1°53 . The Council. of i;l:e City of l,lest Tlemphi-s met i.n a regular session at the City Hall.. in said Ci.t•y at 7:30 P.T°?. on the 18th day of August, 1953, The meeting ras called to order by the Tiay-or, anci upon roll cal7_ there were: Present: Mayor YJ, B. Fordyce presiding and the following Aldermen: James B1.eclsoe, 0. I. Bollinger, John EurroFr, Curtis Foster, A. Ft. Manchester, P, B. Powers; City Attorney Atlee FIar•ris and City Clerh: 1•d. R, Seaton. Absent: Aldermen Freeman FirLley and C. H. Ra~aton. ;, It being determined a quorwn was present, the folao;aing proceedi.nr;s trere had to-fait: ij The reading of minutes of Corurcil Meeting of Augusi;l~th was deferred until the ~~ September let meeting. ~~ '' Tlayor Fordyce informed the Council. that the Flanni.ng Commission at their meeting on j August 13, 1553, tool;. the following action: ~; That the F7.anning Conuni_ssi.on recorrlimend to the City Council. that the north ~° of Blocks Li and 5, Thompson 2nd Addition be rezoned from °B" Two fanr:ily residence district to a "D" Commer•ca.l District, and that; Elm Street in said subdivision be vacated, That the Flaruring Conuni-ssi-on reconunend to the Council that the area. in Blocks 1ltS and. 150 zoned as "A" Single Family Residence District be rezoned as °B" tt•ro farri.7_y residence distrlCt, After discussion of the above F7_arv~ing Conuni.ss:ion reccnunend.a.tions, mot•_icn caas made by Aldernl<~.n Foster and seconded by Aldermen Burrotr that date of hearing be set for 7:30 F'.TI. 'Tuesday, September l5, 1953, and notice be pub)_i.sheci according to Ordinance Tdo. 7.65. Upon vote, the Aldermen voted.: Aye: Bledsoe, Bollinger, Burrotr, Foster, I'I3nchester, and F'otaers. Play: Plone . A plat ~•hotaing proposed easements for utilities i.n Blocks 127, 128, 139, 7.1:0, llt2, 7.~3, 11G1~, 155, .15~, .159, 160, 171, and _1.7?_ of i,he George T. Kendal Addition to the City of hdest Memphis. Arkansas, lying in and. being a part; of the Spd'; of Section 17, T6N, R9E, CrittEr[len County, Arkansas, that had. been approved by the Planning Commi.ssi.on caas presented to the Council., After discussion, motion caas made by Alderman Bollinger and seconded by Alderman Manchester that the plat be arnroved, Upon vote, the Aldernen voted: Aye: Bledsoe, Bollinger, Btu-row, Foster, Manchester, and Powers. Nay: Tdone. T4ayor Fordyce advised the Council that the City Attorney had prepared ordinances for their consideration for the Creation of Office of Gas Inspector and Creation. of a Board of Gas Fit.tersr Fxvniners. After discussion of the matter, the following ordinance t,*as introduced. in trz•iting and read in full. by Alderman Foster. Alderman B7.edsoe moved that the rule requiring said ordinance to be read in full. on three different days be suspended., and that said ordinance be placed on its second reading; motion caas seconded by Alderman Panchester, ar~d thereafter the Playor put the question on the adoption of said motion, and the roll. being called., the fo_ll.orring voted: Aye: Bledsoe, Bollinger, Burrow, foster, Panchester, and Powers, Nay: None. L•dhere,apon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Fotaers. Alderman I''oster then moved that said. ordinance be new placed upon its fi.na.l adoption motion was seconded by Alderman Bur•ror,r, acrd after due consideration thereof by said. Gounci.7., the T^iayor put the question on the adoption of the motion, and. upon the roll being called, the followi-rrg vcted: Aye: Bledsoe, Bollinger, Burrow, Foster, Panchester, and Fower•s. Play: idone. iJhereupon 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 Bollinger who moved. its adoption, seconded by Alderman Bledsoe, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said. motion, acrd upon passage of said ordinance; and the roll being called., the foll_o~aing voted: Aye: B7.edsoe, Bo1l.nger, Bw•rota, Foster, Manchester, and Po;.rers. Nay: I•Ionc . ~_A _, _ .,.- Whereupon the Mayor called to the Councils attention that the ordinance adopted contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Alderman Manchester and duly seconded by Alderman Powers that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, and Powex•s. Nay: None. Whereupon 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 Ordinances of the City of West Memphi..s, Arkansas, and to have same published as required by law, and to number said ordinance No. 260. Saicl ordinance to which no aznendrnent tras offered x•ead as follows: ORDIIJAPJCE DIO. ?60 AN ORDINANCE CREATING THE OFFICE OF GAS INSPECTOR AND PROVIDIIIG FOR THE INSPECTION OF GAS FIPING AND AFPLIANCES ADiD FP~ING INSPECTION FEES. BE I'T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~rJEST DIEMPHIS, ARKANSAS: SECTIOtJ I. The Gas Inspe ctor shall be charged with the inspection of gas piping and installations as hereinafter px•escribed and designated in this Ordinance. SECTIOPJ II. AFPOIN7TIENT OF INSPECTOR. The Gas Inspector shall be appointed by the Mayor with the a vice an consent of the City Council and shall report to the Playor. Unless otherwise provided for, he shall. take. and subscribe an oath which together with the Certificate of his appointment shall. be filed with the City Clerk. It shall be unlawful for the Gas Inspector to engage in the business of installation and maintenance of gas appliances, either directly or indirectly, and he shall have no financial interest in any concern engaged in such business in the City of ,-Vest P~Iemphi.s at any time wh.i.le holding the o:E'fice o:P Gas Inspector. Any violation of the provisions of this section by said Gas Inspector shall be sufficient cause for his removal. IIe may be removed by the I4ayor subject to the approval of. the City Council. SECTION III. DUTY OF TPdSFECTOR. (a) It is hereby made the duty of the Gas Inspector to inspect gas appliances, gas house piping and gas services after such have been installed but before the gas supply has been turned on, and if found by him to conform to the Ordinances of the City of 1,~1est Memphis, to cause to be issued a Certificate approving the instal7_ation and authorizing the gas supplier to tux•n the gas on. Such Certificate shall be issued in quadruplicate, one copy being furnished to the gas fitter in charge of the ~,rork, one copy to the suppl_i.er of gas, one copy to the applicant for gas service and one copy filed in the off.'ice oP the Gas Inspector. (b) When the Gas Inspector is notified or finds that gas appliances, house piping or service lines in use by any person, firm or corporation are in a dangerous and unsafe condition, he shall immediately notify the person, fix•m or corporation owning or controlling such gas appliances, house piping or service lines of their dangerous and unsafe condition and shall_ shut off or cause to be shut off all gas :,ervice to the prezni.ses involved when in his judgment the gas appliance, house piping or service lines are unsafe, and it shal_1 be unlawful to furnish gas for the use of or to use said appliances, house piping or service lines after. such notice has been given until repairs are made and the same has bean inspected and approved by the Gas Inspector. (c) The Gas Inspector shall keep complete recorris o£ all Permits and Certificates of Approval and inspections made and other official zrork perfox^med under the provisions of this Ordinance, SECTION N, PERMIT - FEES FOR INSPECTION. 1. Prior. to the issuance of an Approval Certificate b-,~ the Gas Inspector of the City of West Memphis, the applicant shall pay to the City Clerk the sum of One and No/100 llollars (y1.00) as a permit fee, and the fee for inspection of consumers piping shall be One and No/100 llollars (;1.00) for each outlet, and for each re-inspection or partial inspection One and No/100 Dollars (pl.OO). 2. The fees for inspecting conversion burners, floor furnaces or central heating plants shall be One and No/100 Dollars 01.00) for each unit; for each re-inspection or partial inspection One and No/100 Dollars 01.00). 3. The fees for inspecting used appliances that are to be offered .for sale shall be Fifty Cents (~0¢) and Twenty-fi_ve Cents (25¢) for each additional appliance, 1~. Any and all fees shal_1 be paid by the person to whom the permit is issued. SECT:COP1 V, AUTIIORTTY. The Gas Inspector sha17_ have authority to enter any public or private bu~:id ns g where gas is used for the purpose of making a_n i.nspection of the gas burning equipment, and shall have the authority to cause the turn9_ng off of gas or disconnect any gas connections in cases of emergency where= such pipes, lines or applicanes are dangerous to the health, safety or.• t.,relfare o£ the citizens of West T4emphis, SPCTIOPI VI. CLIUI~T,IFICATIOTIS -FITTER (a) It shall be unla..rfu1 for arty person, firm or corporation to engage in the business of installing gas servi.res, gas piping and fittings and/or gas burning appli.atzces in t}te City of West A?emph:is, Arkansas, until such person, firm or corporation shah have first procured from the City of West Tdemphi..^ a gas fittez• ~ s privilege license of Fif. ty and no/100 Dollars ($p50.00) per year and shall have first procured and deposited with the City Clerk of the City of ti^Jest Plemphis, Arkansas, a good and sufficient bond in the amount of One Thousand and No/100 Dollars (:;1,000.00), having one or more surety and to be approved by the City Council. of the City of r,•Iest T4emph-i.s, Arkansas, conditioned that such person, firm or corporation shall faithfu_11.y comply with the terms axxd regulations of this Ordinance and any other Ordinances and all the rules and regulations made in pursuance thereof, and shall. indemnify and hold the City of ~•Jest Memphis, Arkansas, and any and all per.:>ons interested, harmless against all costs, expenses, damages and in~jzu ies sustained by the C:tty of West T'lemphis, Arkansas, or any other persons interested, by reason of the failure to comply with the Ordinances, rules and regulations of the City of GJest T-Temphis, Arkansas, or by negligence of said gas fitters in operating under this Ordinance and the rules and regulations made in pursuance thereof. (b) The individual, 8irm or corporation trying to engage in the business of gas fitting shall, after approval of said bond, procure a license from the City Clerk of the City of West Memphis, Arkansas, .which shall runt for the calendar year and expire on llecembe.r 31st of each year unless sooner revoked and shall not be transferable. SFICTION VII. VIOLATION - PETdAL,TY. Any person, firm or corporation failing, refusing, or neglecting to comply with the requir•rnents of this Ordinance sahll be deemed guilty of a misdemeanor, and upon conviction in the P1uni_cpal. Cotu~t shall be fined in any stmt not less than Ten and No/100 Dollars 010,00) nor more than Fifty and No/100 Dollars 050.00). Each day such violation shall continue, shall_ constitute a separate offense. SECTIOTI VIII, .VALIDITY. The provisions herein shall be deemed, construed and considered to be separate and severable, and should any part or portions hereof be found by a coux•t of competent ,jurisdiction to be invalid, such part or portion so foutxd shall_ not invalidate or a;'fect the re,naining portions hereof. S?'sCTI0T1 L`C, t~Jhereas, natux•al. gas is to be made available to the consruners of the City of West T4emphi in the immedS_ate future, and there being a demand and need for competent and proper installation of gas piping and appliance,^, and it being ascertained that this Ordinance is necessary for the preservation of the public safety, peace and health of the citizens of the City of ?Jest ~remph.s, an emergency is hereby declared to exist, and this Ordinance sha17_ be in full foa•ce and effect immediately upon i.ts passage and approval. An ordinance was introduced in writing and. read in full by Alderman Bturot.r, Alderman Foster moved that the rule requiring said ordinance to be read i.tx .full on three different days be suspended, and that said ordinance be placed on its second read- ing; motion was seconded by Alderman Potrers, and therea:£ter the JZ<~,yor put the question on the adoption of said motion, and the r.ol)_ being ca.Lled, the following voted: Aye: Bledsoe, Bollinger. , But•ror.;, Foster, T'1•tnchester, and T'ot•rers. DTay: None. GJhereupon the Mayor declared the motion duly passed and said ordinance placed on i..ts srxnnd reading. The ordinance t_Jas then read the second time by Alderman Tizrtchester. Alderman Bledsoe then moved that said ord:i_nmZCe be notr placed upon its final adoption; motion was seconded by Alderman Bollinger, and after dne consideration thereof by said Council., the Tlayor put the question on the adoption of the motion, and upon the roll being called, the foll.otai.ng voted: Aye: Bledsoe, Bollinger, Burrow, Foster, ATanchester, and powers, P1ay• T1one. ',dhereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. ~ ~~ c~ Said ordinance was read in full by Alderman Burrow who moved its adoption, seconded by Alderman 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 voted: .Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, and Powers. Nay: None. L•lhereupon the klayor called to the Counci"ls attention that the ordinance adopted contained an emergency clause and suggested that specific action should be taken by the Council on this clause, ti•1hereupon motion was made by Alderman Manchester and duly seconded by Alderman Bollinger that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Bledsoe, Bollinger, Burrow, Foster, Manchester, and Powers. Nay: Alone . Inlhereupon 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 Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and to nwnber said ordinance llo. 261. Said ordinance to which no amendment was offered read as follows: ORD171ANCE NO. 261 AN ORDINANCE CREAT]NG A BOARD OF GAS FI'PTERS~ E.YAMINERS, PROVID77QG FOR THE EXAMINATION AND rTCl~f1S1NG OF GAS FITTERS AND FOR OTHER PURPOSES. BE IT ORDAINED B Y TII~ CITY COUNCIL OF THE CITY OF WEST 1~MI'HIS, ARKANSAS: SECTION I. There is hereby created and established within and for the City of ~dest i°lemphis, a Board of Gas Fitters Examiners hereinafter called and referred to as the Board. The Board shall examine all applicants for a gas fitters license. SECTIOkd II. It shall be the duty of the Board to determine whether the applicants for gas fitterst licenses are qualified and competent to do and perform all acts and things required to make the necessary installation of natural gas piping, fittings and fixtures. If in the judgment and opinion of the Board, an applicant meets the necessary requirements as a gas fitter they (the Board) shall issue said applicant a Certificate of Competency certifying that said applicant is a competent and quali- fied gas fitter. SECTION TII. Any applicant for a Certificate of Competency provided for herein shall first pay to the City Clerk of the City of West Memphis a fee of Twenty and No/100 Dollars 020.00) for which the Clerk shall issue a receipt, and no applicant shall be examined by the Boaz•d until the payment of said amount. SECTION IVr Upon the issuance of the Certificate of Competency as herein= above provided, the holder of said Certificate shall promptly present same to the City Clerk of West Memphis, who shall issue to the applicant a gas fitterrs license upon the payment of a privilege license of Fifty and No/100 Dollars 0$50.00) per annum which license shall expire on December 31st of each year. SECTION V. Until otherwise provided, the Board of Plwnbing Examiners shall serve as the Board of Gas Fitters Examiners. At a subsequent date the Mayor shall appoint three persons who shall constitute the Boaz~d of Gas F'itters~ Examiners, and said appointments shall. be approved by the Council. SECTION VI. ~dhereas, natural gas is to be mado available to the Conswners of the City of T,lest A4emphis in the inunediate futux•e, and there being a demand for competent gas fitters, and it. being ascertained that this Ordinance is necessary for the preservation of the public peace, health and safety of the citizens of the City of West Memphis, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon its passage and approval. >~ `~ ~. i i It was brought to the Council-s attention that professional. baseball lights are i needed at the tirorthington Park baseball diamond, After discussion motion Was made by Alderman Burrow and seconded by Alderman Bledsoe; that the P4ayor, City Clerk and a representative o.f the Light and rrTatez• llepartment make an inspection of the proposed lighting equipment and the cost of providing same, and to report to the Council at a I later date. A full discussion Was had by the Counci_1. as to the ~asibility of having a census made in the near future, and it Was determined to have such census made that Would display a population that Would increase the tu.rnback funds from the State of Arkansas. Somo discussion zras had by the Council as to the proposed Server Revem.ze and Water Revenue Bonds, and after discussion and considerable comment the matter zaas taken under consideration by the Counr_i.l., The Building Inspector presented the following building permits he had authorized to be issued, motion Gras made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of the follozrin~ permits: P7~uvling Lwnber Company J. A. Brethe.rick Ed Cary k{i1.l.iard Pic Clinton liar. 1. Felts Albert .Ross t tarv i n Rhyme Joe Jefferson Walter Green J. E. Counts No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Powers to adjourn. Upon vote. the Aldermen voted: Aye: Bledsoe, Bollinger, BurrOrJ, Foster, tlanchester, and Powers. Iday: None. ~~I~~ MAYOR G-~7~ , CI'T'Y CORK APPROVEII: SEPTEPTBER 2. 1953