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August 6, 1959~3 Ei MIM-1~ES^OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, On the 6th day of August, 1959, the City of West Memphis, Arkansas, met in the City Hall in eaid City in regular session. The meeting was called to order at 7:30 o~cloek p, M, by the Mayor, and on the roll call the following manbera of the Council were found to be present: Aldermen: 0. I. Bollinger, B, J. David, J. E. Himea, R, H, Ray, Jr,, L, E. Roleson, Y. G. Sims, and James Bledsoe; and City Attorney W, H, Dillahunty, Absent: Alderman: Bob Eden It being determined a quorum was present, the following proceedings were had towit: Minutes of Council Feting on July 16, 1959, were approved as read. Mayor Price informed the Council in the operation of the City under a budget the Council should be better versed and have a working knowledge of the budget and the problems confronting the Citp, The Mayor appointed the following committees to cover the entire operation of the City Government and work with him and the head of the department specified: Police Department Aldermen Eden and Ray FYre Department Aldermen Roleson and David Street Department Aldermen Bledsoe and Sims Engineering Department Aldermen Roleson and Rimes Education Aldermen David and Ray Planning Aldermen Eden and Sims Building Aldermen Bollinger and Hledaoe Personnel Aldermen Bollinger and Eden Equipment Aldermen David and Roleson Civic Clubs Aldermen Bledsoe and ID:mes City Beautiful Commission Aldermen Ray and Sims ;c-~:-~;,~- Alderman Eden made a delayed appearance at the meeting. Mayor Price recommended to the Council that the bids for purchase of a radar Wait receimed on July 16, 1959, and taken under consideration be referred to the Police Committee to xork with the Police Department to determine the unit that will be best for the Department, After discussion, motion was made by Alderman David: That the purchasing of a radar unit be referred to the Police Committee, and the Committee be authorized to purchase the unit that would be beat for the Department, The motion was seconded by Alderman HLmes, and the following vote was recorded: Ayes: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledsoe. Mays: None. The purchase of green arrows for right hand turns to be placed on signal control lights at a price of $92.00 each was considered, Thereupon, motion was made by Alderman Ray: That the Mayor be authorized to purchase the additional green arrows. The motion was seconded by Alderman Bledsoe, and the following vote was recorded: Ayes: Aldermen: Bollinger, David, Eden, FH.mes, Ray, Roleson, Sims, and Bledsoe. Nays: None. Mayor Price brought to the Council's attention the expenditure for the lights had not been provided for in the budget and an additional appropriation would have to be made. Motion was made by Alderman Ray: That the Uti]itp Commission be requested to grant to the City the sum of ~552.GO for the purchase of the additions to the traffic control lights. The motion was seconded by Alderman Bledsoe, and the following vote was recorded: Ayes: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sima, and Bledsoe. Nays: None, Letter from R, J. Douglas, Chairman International Fire Service Training Association, expressing appreciation for the services of Fire Chief Elmo Anderson at the Conference at Oklahoma State University was read. The following letter of resignation from P. M, Dacus was presented: July 111, 1959 Honorable H. B. Price, Mayor City Hall West Memphis, Arkansas Re: Planning Commission Dear P,ayor Price: In view of my appointment by the City Council of West Memphis, Arkansas, to serve on the West Memphis Utility Commission, to fill the unexpired term of a{y father, I feel that I should submit mY resignation as a member of the Planning Commission. This letter will serve as my official resignation on the Planning Commission, and wish to advise that I will at all times have continued interest in the Planning Co:mrdssion and feel that it is doing a worthwhile job for the City of West Memphis. Respectfully submitted, /S/ P. M. DACUS Motion was made by Alderman Roleson: That the resignation of P. M. Dacus as a member of the Planning Commission be accepted. The motion was seconded by Alderman Rip, and the following vote was recorded: Ayes: Alderman: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledace. Nayas None. Chandery Fee Bill for Case No. 131138, Edmonds versus Price Et A1, in the amount of $139.30 was presented, and the Council informed an appropriation would. have to be made as had not been contemplated in preparing the budget. After discussion motion was made by Alderman Eden: That the Chancery Fee Bill in amount of 139.30 be paid and an additional appropriation be made. The motion was seconded by Alderman ima, and the following vote xas recorded: Ayes: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledsoe. Nays: None, Mayor Price recommended the reappointment of Freeman Finley, W, A. Perrine, and C, ,Griffin and the appointment of Charles Hampton to the vacancy due to the resignation of James Howell as members of the Electric Examiners Board for a term of one year in accordance with Ordinance No, 337. Motion was made by Alderman Bledsoe and seconded by Alderman David: That the appointments to the Board of Electric Examiners be approved, The following vote was recorded: Ayes: Aldermen: Bollinger, David, Eden, Rimes, R$y, Roleson, Sims, and Bledsoe. Nays: None, City Attorney W, H, Dillahunty presented the ordinance prepared in accordance with recommendations of the City Beautiful Commission on July 16, 1959, Members of the City Beautiful Commission present were: Mrs. Sam Carlton, Al Maddux, and Franklin Bassett. Alderman Hledsce introduced the ordinance entitled "An Ordinance To Provide For The Cutting 6f Weeds, Rank Grass, And Noxious Growths Upon Property Located Within The City Of Weat Memphis, Arkansas; To Define And Provide For The Prosecution And Punishment Of Offenses In Violation Of Such Regulations, And For Other Purposes," which was read in full by Alderman Roleson. Alderman Himea 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 Bollinger, and on the roll being called the voting was as follows: Yeas: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledsoe. Nays: None. e3 The Mayor declared that 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 xas du]y seconded by Alderman Eden, and on the roll being called the voting was as follows: Yeas: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledsoe. Nays: None. The Mayor then declared that the ordinance had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. The ordinance read as follows: ORDINANCE N0. 371 "AN ORDINANCE TO PROVIDE FOR THE CUTTING OF WEEDS, RANK GRASS AND N07CIOUS GROWTHS UPON PROPERTY LOCATED WITHIN THE CITY OF WEST MEMPHIS, ARKANSAS; TO DEFINE AND PROVIDE FOR THE PROSECUTION AND PUNISHMENT OF OFFENSES IP1 VIOLATION OF SUCH REGULATIONS, AND FOR OTHER PURPOSES." WHEREAS, it is a matter of common knowledge that there are numerous lots located within the City of West Memphis that have become unsight]y due to the growth of weeds, rank grass and other noxious growths upon said property, and; WHEREAS, the City Beautiful Commission o£ the City of West Memphis, Crittenden County, Arkansas, has recommended to the City Council of West Memphis, Arkansas, that an ordinance be enacted to punish persons who permit or allow their property to become unsightly by the growth of grass and weeds upon same, which damages the appearance of the City of West Memphis, and also creates a serious health problem: NO'rl, THEREFORE, be it ordained by the City Council of the City of West Memphis, Arkansas: SECTION I. The owner or owners of all lands or lots in the City of West Memphis, Arkansas, are hereby required to keep all weeds, rank grass and noxious growths of any kind on said property cut or clipped. No owner or owners of lots or lands in the City of West Memphis shall be permitted to allow weeds, rank grass or noxious growths to exceed a hesight of eighteen inches (18) upon said property. SECTION II. The failure of any owner of lots or lands within the limits of the City of West Memphis to cut or have cut weeds, grass, or noxious growths as hereinabove defined and specifically to a height in excess of eighteen (18) inches upon said property, shall be a misdeaeanor, and upon conviction, the owners tt~reof shall be Fined not less than twenty five dollars ($2$.CO) nor more than fifty dollars (50.00). SECTION III. Upon the failure of any owner of property within the limits of the City of West Memphis to cut, or have cut, such weeds, grass or noxious growths, it shall be the duty of the engineering department, acting by and through its city engineer, his deputy or agent, to service a notice on the owner of such property or cut or have cut within five (5) days of the service of such notice, all weeds, grasses, or noxious growths upon his property. Said notice may be served personally upon the owner of said property, or may be mailed to the last known address of such owner by Certified Mail, or be posted on the property on which weeds, grass or noxious growths exist. Service of notice by any of the above methods shall be due notice within the meaning of the ordinance. This ordinance shall take effect and be in force from and after the date of its approval. s(;c?::Hli(-~iF City Attorney W. H. Dillahunty advised the Council as to statutes regulating dance houses. Alderman David introduced an ordinance entitled "An Ordinance To Regulate Dance Houses; To Provide Penalties For Violation Of This Ordinance, And For Other Purposes," which was read in full by Alderman Ray. Alderman Bledsoe 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 Roleson, and on the roll being called the voting was as follows: Yeas: Aldermen: Hollinger, David, Eden, Himea, Ray, Roleson, Sims, and Bledsoe. Nays: None. The Mayor declared that more than two ~hirda of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Rimes then moved that the ordit¢:ce as read be adopted. This motion was dnly seconded by Alderman Bollinger, and on the roll being called the voting was as follows: Yeas: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and Bledsoe. Nays: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 6, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Sims then read Section 6 again, Alderman Eden moved that Section 6 be adopted. This motion was duly seconded by Alderman David, and on roll call the follow- ing voted: Yeas: Aldermen: Bollinger, Davld, Eden, fE_mes, Ray, Roleaon, Sims, and Bledsoe. Nays: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. ORDINANCE N0, 372 AN ORDINANCE TO REGULATE DANCE HOUSES; TO PROPIDE PENALTIES FOR oIOLATION OF THIS ORDINANCE, AND FOR OTHER PURPSOES. BE TT ORDAIt~D by the City Council of the City of West Memphis, Arkansas: SECTION I. That it be, and is hereby, found and declared by the City Council of the City of West Memphis, Arkansas, that there is a tendency to have public disturbances, the unlawful and excessive drinking of intoxicating liquors, quarrels, affrays, disorderliness and breaches of the peace and excessive and unusual traffic and highway hazards in and about dance houses and that such places of business are commonly operated at late night and early morning hours, resulting in numerous law violations, all of which would produce material annoyance, inconvenience, discomfort and injury to the residents in the vicinity of such places, and that the opening, operation and conduct of such dance houses has potential evil consequences to this City and its inhabitants, and is detrimental to the morals, health, welfare and safety of the City and its inhabitants. SECTION II, That it shall be unlawful for any person, firm or corporation to own, operate, conduct, or carry on a dance house business xithin the following area, to xit: Any area within three hundred (300) feet of right of way of the following streets: Broadway Avenue, acetimes known as U. S, f~ighway #T0, and extending from the West City limits of the City of West Memphis, Arkansas, to the east City Limits of West Memphis Arkansas Missouri Avenue, sometimes known as U. S. Highway #61, to the North city limits; Woods Street; Avalon Street; including but not l;mited to that portion which is sometimes known as Hulbert Road; Walker Avenue; and any areas located within the City limits of West Memphis, Arkansas, and zoned as residential. SECTION III. For the purpose of this ordinance, a dance house shall be any place where the public may be served food or beverages and xhere dancing is permitted, conducted., or engaged in other than as a performance or exhibition. SECTION IV, Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be fined in aqy sum not less than Fifteen Dollars ($15), nor more than Twenty Five Dollars (~25) for each violation, provided, however, each day any person, firm or corporation shall own, conduct, operate or carry on a dance house within said limits shall be deemed a separate offense, but the fine where each such dap is consecutive, shall be Fifteen Dollars (~15) for each day that the violation shall continue after the first day, SECTION 0, pny owner, lessee, manager, agent, servant or employee who shall own, operate, conduct or carry on said business or perform any act contributing to the operation, conduct or carrying on of a dance house, shall be deemed guilty of a violation of this ordinance. SECTION VI. This ordinance being necessary, to prevent annoyance, inconvenience, discomfort and injury to the City and its inhabitants and to prevent practices which are dangerous to the morals, health and safety aid welfare of the City and to its inhabitants, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage. ~~. City Attorney W, H, Dillahunty presented ordinance for regulation and control oP vehicular traffic and informed the Council the location of Stop Signs had been studied by the Police Department and a number of changes made. Alderman Bledsoe introduced the ordinance entitled "An Ordinance To Be Entitled "An Ordinance To Provide For The Regulation And Control Of Vehicular Traffic Upon The Public Streets, Thoroughfares, Within The City Of West Memphis, Arkansas; To Define And Provide For The Prosecution And Punishment Of Offences In Violation Of Such Regulations, And For Other Purposes!" which was read in full by Alderman Roleson. iYQdennan Himes then moved:'that:the rule. requiring'the-reading in full of an ordinance ofl'~ three''diffsrent-drays bo dSs~eaaedt'with. "The~'motion tias'seconded by Alderman Bo13i.nger, and on the' roll being called'the voting stas ae ftillbRd) Yes: ~7.derman:' Bollinger, David; Edsn~ ~ Himea; 'Ray, Rtileaon. ~Si:ps,` and Bledsoe. '> -~ Nnyss None, The. Mayor-declared that 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 Eden, anii'on'the roll being"called'the'voting was `as fbllbwsr'" '~ '""' ideas5 Aldermen: Bollinger, David,'Edeny Himea,_Rag~ Rolesoay~Sims, and Bledsoe ~ .. Nays: -~ None. .. _ The Mayor decIarad that the ordinance had-Besn adopted, and then called attention to.the fact that Section 8, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman David then read Section 8 again. Alderman Ray moved that Section 8 be adopted. This motion was duly seconded by Alderman Bledsoe, and on roll call the following voted: Yeas: Aldermen: Bollinger, David, Eden, Himes, Ray, Roleson, Sims, and Bledsoe. Nays: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. ORDINANCE N0, 373 AN ORDINANCE TO BE ENTITLED "AN ORDINANCE TO PROVIDE FOR THE REGULATC ON AND CONTROL OF VEHICULRR TRAFFIC UPON THE PUBLIC STREETS, THOROUGHFARES, WTTfD=N THE CITY OF WEST MEMPHIS, ARKANSAS: TO DEFll~ AND PROVIDE FOR THE PROSECUTION AND PUNISHMENT OF OFFENSES IId VIOLATION OF SUCH REGULATIONS, AND FOR OTHER PURPOSES." WHEREAS, it is a matter of common knowledge that the adoption and enforcement of laws regulating the use of vehicles upon the public streets and highways is essential to the proper observation of such laws by the public, and; WHEREAS, there is no existing ordinance in the City of West Memphis, Arkansas to provide for vehicles to stop at intersections where stop signs are located; NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I, It shall be a nisdemeanor, punishable under the provisions of this ordinance, for any person to wilfully fail or refuse to comply with any lawful order or direction of anp police officer invested by lax with authority to direct, control or regulate tmffic. SECTION II, It shall be unlawful and shall be a misdemeanor for any person to do any act prohibited, or fail to perform any act required under the provisions of this ordinance, and such act or omission shall be punished as hereinafter provided. SECTION III. It shall be the duty of the Chief of Police of the City of West Memphis to determine the installation and maintenance of traffic control signals, markers and devices in conformity with the requirements of the State of Arkaisas; to devise remedial measures and to conduct investigations o£ traffic conditions within the City and to cooperate with other City officials in the ways and means to improve traffic conditions in order to carry out the provisions of this ordinance, A. The Chief of Police is hereby empowered & authorized: 1. To designateand maintain, by appropriate devices, marks or lines upon the surface of the roadways, crosswalks, at intersections where, is his opinion, there is a particular hazard to pedestrians crossing such roadway, and at such other places as he may deem necessary. 2, To establish, mark and maintain safety zones of such kind and nature and at such place '~ or places as he may deem advisable, consistent with the provisions of this ordinance. i 3. To designate and to mark by appropriate signs or markers, places, areas or districts in which the parking of motor vehicles or other vehicles shall be p rohibited at all times; and to designate and mark by appropriate signs or markers, districts or areas in which parking shall be limited to a specified time interval and to fix the hours and days of the week i~ during xhi.ch such regulations shall be applicable to the parking of vehicles in such restricted ~j or ]invited districts, as in his opinion may be requisite. i 4. To erect signs or markers indicating "NO PARKING" upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous condition. 5. To determine upon what streets or portions thereof "ANGLE PARKING" shall be permitted, and to mark or designate by proper signs or devices, such portions where angleparking is permitted. 6. To designate any street or thoroughfare as a "THROUGH STREET" and to require that all vehicles should come to a stop before entering or crossing the same, and to designate any I intersection as a stop intersection, and to require alI vehicles to come to a stop at one or I more entrances to such intersection, and to designate such required stops by appropriate signs, ~ markers or traffic control devices, 7. To modif or alter desi y any gaation made under these provisions, when, in his judgment, such alderation or change is warranted by a change in traffic conditions in the areas or places to which such designations have previously been made applicable, {j 8. The Chief of Police shall have the authority to designate the location of stop signs within the City of West Memphis, Arkansas and such designation or designations shall be filed in the office of the City Clerk of the City of Sdeat Memphis, Arkansas, and a copy of such designation I or designations shall be posted on the bulletin board at the Citq Hall in West Memphis, Arkansas. Upon the filing and posting oS said designation or designations, this will constitute notice as i! to location of atop signs and where vehicles are required to cease movement of a vehicle before ~; resunri.ng movement. ~{ B. No zone, parking, lane, stand, stop or other designation as herein authorized to be I made b9 the Chief of Police shall become effective, nor shall any person be punished under the F provisions of this ordinance for aviolation of any such designation until and unless the same shall have been appropriately marked. by signs, markers, signals, buttons or other traffic control i devices. C. The City Council of the City of West Memphis, Arkansas shall have the authority to ~! require the Chief of Police to alter, modify, or annul any designation made by him under the provisions of this ordinance by the adoption of a resolution directing the Chief of Police to `' _ make such alteration, modification or annulment, I+, SECTION IV. Whenever authorized signs or markers are erected indicating or requiring a Il "STOP" for vehicles before entering into any intersection or upon any street, no person shall i' enter such intersection or proceed into such street without first bringing the vehicle operated by him to a atop, "STOP" as herein required shall mean a complete cessation of motion of such vehicle, i it SECTION V, It is a misdemeanor for any person, firm or corporation to violate aqy of the ~' provisions of this ordinance. Every person convicted of a misdemeanor for a violation of any ~ of the provisions of this ordinance for which another penalty is not provided, shall for the ii first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100} or ~!. by imprisonment for not more than ten (10) days; for a second such conviction .within one year thereafter, such person shall be fined by a fine not exceeding Two Hundred Dollars 0200), or ~` by imprisonment not exceeding twenty (20) days, or by both such fine and imprisonment. Upon ~ a third conviction, such person shall be fined by not more than Five Hundred Dollars ($500) nor by imprisonment of not more than six months (6) or both such fine and imprisonment. I', p. SECTION PI. The Chief of Police shall be the administrative officer of the City and shall {~' exercise the powers and duties conferred upon him by the provisions of this ordinance relative €' to traffic regulations. It shat be the general duty of the Chief of Police to determine .thy { installation and proper erection and maintenance of traffic control signs, markders, and control devices; to conduct engineering analysis of accidents and to suggest remedial measures; to conduct traffic engineering investigations and traffic conditions and to do all things necessary ~" to properly place in effect the ordinances of the City. i, SECTION PII. All ordinances or parts of ordinances in conflict therewith are hereby f repealed. The parts of this ordinance shall be deemed separate and severable, and should ~' any section or part thereof be held unconstitutional or void, the remaining unaffected portions G' and sections hereof shall remain in full force and effect, j' p. SECTION VIII. This ordinance being necessary for the immediate preservation of the public peace, welfare, and safety, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. 3i. The Council was infox^ned the ordinance providing for Fire Limits, and Regulations Governing Construction had been amended a number of times and in passage of the amendments essential part of the original ordinance had been omitted, therefore, a new ordinance had beon prepared for consideration. Alderman Bledsoe introduced the ordinance entitled "An Ordinance Providing For Fire Limits, Regulations Governing The Construction, Alteration, Equipment Or Removal Of Buildings Or Structures; Provide For The Repeal Of Ordinance 191 As Amended By Ordinances 224, 256 and 341 And All Ordinances In Conflict Therewith" which was read in full by Alderman Roloson. Alderman Rimes 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 Bollinger, and on the roll being called the voting was as follows: Yeas: Aldermen: Bollinger, David, Eden, Himes, Ray, Roleson, Sims, and Bledsoe. Nays: None. The Mayor declared that 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 Eden, and on the roll being called the voting was as follows: Yeas: Aldermen: Bollinger, David, Eden, Himes, Ray, Roleson, Sims, and Bledsoe Nays: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 9, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman David then read Section 9 again. Alderman Ray moved that Section 9 be adopted. This motion was duly seconded by Alderman Bledsoe, and on roll call the following voted: Yeas: Aldermen: Bollinger, David, Eden, Rimes, Ray, Roleson, Sims, and B~ dsce. Nays: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon ha signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. ORDTnIANCE N0. 374 AN ORDINANCE PROVIDING FOR FIRE LIMITS, REGULATIONS GOVERNIIJG THE CONSTRIICTION, ALTERATION, EQUIPMENT OR REMOVAL OF BUILDINGS OR STRUCTURES; PROVIDE FOR THE REPEAL OF ORDINANCE 191 AS AMENDED HY ORDINANCES 224, 256 AND 341 AND ALL ORDINANCES IN CONFLICT THER.vWITH. HE IT ORDAINED by the City Council of the City of Wast Memphis Section 1. Definitions (a) ~+~herever the word "Municipality" is used in said code, it shall beheld to mean the City of West Memphis. (b) ~dherever the term "Corporation Counsel" is used in said code, it shall be held to mean the Attorney for the City of West Memphis. Section 2. Adoption of Building Code. There is hereby adopted by the City of West Memphis for the purpose of establishing rules and regul~iotts for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the National Building Code, Abbreviated Edition, recommended by the National Board of Fire Underwriters of New York, being particularly the 19D9 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three (3) copies have been and now are filed in the office of the Clerk of the City of West Memphis and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures therein contained within the corporate limits of the City of West Memphis. Section 3. Fire Limits Establtshed Beginning at a point which is the intersection of the east line of Pearce Street and the south line of Bond Street and running thence eastwardly with the south line of Band Street to a point 200 feet west of the west line of Missouri Street, thence northwardly parallel to the west line of I~H.ssouri Street to the south line of Cooper Street, thence eastward]y with the south line of Cooper Street to the west line of Pine Street, thence southwar3ly with the west line of Pine Street to the south line of Oliver Street, thence eastwardly with the south line of Oliver Street to the west right-of-:og* line of the Frisco Railroad to the south lane of Cooper Street, thence eastwardly with the south line of Cooper Street to a point 150 feet east of the east ]ine of Seventh Street, thence southwardly parallel to the east line of Seventh Street to a point 150 feet north of the north line of Thompson Street, thence eastwardly parallel to the north line of Thompson Street and its projection eastwardly to the east City Limits on the center line of Section 8, T6N, R9E, thence southwardly with the east City Limits to the north line of Polk Street, thence westwardly with the north line of Polk Street, to a point 150 feet west of the west ]ins of Eighteenth Street, thence southwardly parallel to~cL~dly parallel o tt so th of Eighteenth Street to a.point 150 feet south of the line of Polk Street/ o a po~.n /line of lk S~reet~ feet west of the west line of Ninth Street, thence southwardly parallel to the zest line of Ninth Street to the north line of Harrison Street thence westwardly with the north line of Harrison Street to the west line of Seventh ~treet, thence southwardly with the west line of Seventh Street to the south line of Jackson Street, thence westwardly to the west right-of-way line of the I~.sco Railroad, thence northwardly to a point on the west ~ right-of-way line of the Frisco Railroad and the intersection of the projection eastwardly of the north line of Harrison Street, thence westwardly with the north line of Harrison Street and its projection eastwardly to a point 200 feet west of the west line of Second Street, thence southwardly parallel to the west line of Second Street to a point 100 feet south of the south line of Harrison Street, thence westwardly parallel to the south line i of Harrison Street to the west City Limits on Avalon Street, thence northxardly along the I west City Limits to the north line of Broadway (Highway 70), thence westwardly with the north line. o£ Broadway to the east line of Pearce Street, thence northxardly with the east line of Pearce Street to the point of beginning. Section 4. Saving Clause Nothing in this ordinance or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor ar~v cause or causes of action accrued or existing, under any act or ordinance repealed hereby, Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Section 5. 4alidity The invalidity of any section or provision of this ordinance or of the code hereby adopted shall not invalidate other sections or provisions thereof. Section b. Inconsistent Ordinances Repealed Ordinances or parts thereof in force at the time that this ordinance shall take effect and inconsistent herewith, are hereby repealed. Section 7. Amendments Made in Said Code The code is amended and changed in the following respects: Paragraph 5 (b) of Section 10 is amended to read as follows: Gasoline service stations, parking lot offices, real estate offices or similar business structures, of unprotected mdal construction, not exceeding 1100 square feet in area, not more than one story in height, and locked at least 10 feat from lot lines. Section 8. Restricted Fire Zone -There is hereby created what shall hereafter be known and referred o as ere ric ed fire none and shall be as follows: Beginning at a point on the east line of Pearce Street 250 feet north of the north line of Broadway (Highway 70) and running thence eastwardly parallel to the north line of Broadway (Highway 70) to the east line of Avalon Street; thence northwardly with the east line of Avalon Street to a point 313 feet ttorth of the north line of Broadway (ffi.ghway 70); thence eastwardly along the north lot lines of Lots 17 through 48, inclusive, Block 16, Lots 19 and 5~ inclusive, Block 17 and Lots 21 through 32 inclusive, Block 18, all of Compress Subdivision to the City of west I~~mphis to a point 200 feet west of the west line of Missouri Street (Highway 61 ), thence northwardly parallel to the west line of Missouri Street to the south line of Cooper Street to a point 200 feet east of the east line o£ Missouri Street; thence southwardly parallel to the east line of Missouri Street to the south line of Oliver Street; thence eastwardly with the south line of Oliver Street to the west line of Elm Street; thence southwardly with the west line of Elm Street to the south line o£ Bond Street; thence eastwardly w8h the south line of Bond Street to the west right-d'-way line of the Frisco Railroad; thence southwardly with the west right-of-way line of the Frisco Railroad to the South line of Thompson Avenue, thence eastivardly with the south line of Thompson Avenue to the east line of Seventh Street; thence southwardly with the east line of Seventh Street to a point approximately 150 feet north o£ the north line of Broadway (Highway 70) which is the intersection of the north line of Lot !~, Block 8, of M. L. Thompson Subdivision; thence eastwardly along the north line of Lots 4 through 15 inclusive, Block 8, Lots 5 through 15 inclusive, Block 7, Lots 1t through 15 inclusive, Block 6, Lots 4 through l~ inclusive, Block 5, Lots Lt through 15 inclusive, Block l~, Lots ~t though 15 inclusive?? Block 4, Lots I~ through 15 inclusive, Block 3, Lots !t through 15 inclusive, Block 2 and Lots 4 and 5, Block 1 all of M. L. Thompson Subdivision of the City of West Memphis to a point on the west line of the Stuart Estate Subdivision; thence northwardly with the west line of the Stuart Estate Subdivision to a point 150 feet north of the north line o£ Broadway (Highway 70); thence eastwardly along a line 150 feat north and parallel to the north line of Broadway (Highway 70), to the east City Limits on the center line of Section 8, T6N, R9E; thence southwardly with the east city limits to the south line of Broadway (Highway 70), thence westwardly with the south line of Broadway (Highway 70) to the west line of Twentieth Street; thence southwardly with the west line of Twentieth Street to a point approximately 200 feet Routh of the center line of Broadway (Ffighway 70); thence westwardly with the south line of Lots 37 through 58 inclusive, Block 165; Lots 37 through 48 inclusive, Block 150, g,.s, ~r Lots 37 through 1~8 inclusive, Block 7.L:9, Lots 3T through !:9 inclusive, Block 134, Lots 37 through !:8 inclusive, Block 133, Lots 37 through !a8 inclusive, Block 118, Lots 37 through !~B inclusive, Block 117, Lots 37 through !:8 inclusive, Block 116, Lots 37 through 48 inclusive, Block 115, Lots 37 through 1~8 inclusive, Block 111.:; Lots 37 through 1~8 inclusive, Block 113, Lots 37 through 1;8 inclusive, Block 112, Lots 37 through 1+8 inclusive, Block 111, all in the Kendal Addition to the City of West Memphis, to the east line of Seventh Street; thence southwardly with the east line of Seventh Street to a point 200 feet south of the south line of Broadway (Highway 70); thence westwardly along a line 200 feet south and parallel to the south line of Broadway (Highway 70) to the west line of Tdoods Street; thence southwardly with the west line of Woods Street to a point 200 feet south of the south line of Harrison Street; thence westwardly parallel to the south line of Harrison Street to the west line of Redding Street; thence north along the west line of Redding Street to the south line of Polk Street; thence west along the south line o£ Polk Street to the western Oity Limits; thence northwardly along the west City Limits to the north line of Broadway (Highway 70); thence westwardly with the north line of Broadway (Highway 7G) to the Bast line of Pearce Street; thence northwardly with the east line of Pearce Street to the point of beginning. Beginning at the intersection of the south right-of-way line of U. S. Highway j/70 and the east line of 21st Street, thence east parallel to fife south right-of-way line of U. S. Highway #70 to the City Limits, thence south 150 feet, thence west parallel to the south right-of-way line of U. S. Highway #70 to the east line of 21st Street, thence north 150 feet to point of beginning. Beginning at the intersection of the canter line of Section 8, TEN, R9E, and the north right-of-way line of U. S. Highway #70, thence east parallel to the north right-of-way line of U. S. Highway #70 to the east City Limits, thence north 150 feet, thence west parallel with north right-of-way line of U, S. Highway #70 to the center line of said Section 8, thence south 150 £eet to point of beginning. Beginning at the Section Corner of Sections Ei ht (8 ), Nine (9 ), Sixteen (16) and Seventeen (17), Township Six (6) North, Range Nine ~9) East: Thence North 400 to a paint (Said point is the intersection of Center Line of Walker Street and Thompson Street): Thence East 2680 to a point on the East City Limits: Thence South approximately 300 to the Center Line of U, S, #70; thence west along Center Line of II. S. #70 and South to the point of beginning. Every building hereafter erected or enlarged within the restricted fire limits shall be enclosed on all sides with walls constructed wholly of stone, brick, hallow building tile, concrete, or other equivalent incombustible material having afire resistant property of a 13 inch brick, and shall have the room including dormer windows, and cornices covered with incombustible material. E+rery building which shall hereafter be damaged by fire, windstorm or other casualty to the extent of sixty per cent (60~) of the original cost of construction shall be repaired and/or reconstructed in accordance with this Ordinance, provided any building may have wood floors and wood supports for roof. Section 9. It has been found and determined by the City Council that due to an omission of building requirements in an amendment to Ordinance 191, no building requirements or restrictions are presently in existence and the enactment of this ordinance will provide for same, which is necessary. THEREFORE, an emergency is declared to exist, asst this ordinance being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from and after the date of its approval. Mr. Robert L, Smith, 300 Roosevelt, appeared before the Council to request regulation of movie theaters in West t?emphis, Previous action of the Council, opinion of former City Attorney Atlee Harris as to State Statutes, and plans o£ the Council of Civic Clubs for regulation of movies were discussed. City Attorney Dillahunty stated ha would do research on the matter and report to the Council at a later date. Alderman Eden requested information on the status of the intersection of Aighwaya 61 and 70 as the design of the Arkansas highway Department on trial basis is very unsatisfactory and the public are dissatisfied, Mayor Price stated the City has borrowed a pedestal signal light from a firm in Memphis that is to be put in temporary operation to alleviate the congestion, and. suggested the Councilmen submit sketches of plans they £eel will be feasible and the sketches then be incorporated into one plan to be submitted to the Highway Department. Aldermen Bledsoe and Sims of the Street Committee and Aldermen Himes and Bollinger of the Engineering Committee were requested to meet in the Mayor TS office at 9 A, M, Monday, August 10, 1959, for conference with Arkansas Highway Department officials on the matter. Alderman Ray informed the Council he had been contacted as to use of the Hospital Ballfield by a group of boys too old for the Pony League. Mayor Frice advised Alderman Ray the field had been used by the group of local boys this summer when did not conflict with games of the Little or Pony Leagues, and the Recreation Commission should be contacted as to schedule for next year. Alderman Eden brought to the Council's attention that Council meetings had been changed from afternoon meetings to night meetings in January of this year for a trial period of six months in order that the citizens of .West Memphis might find it more convenient to attend night meetings, however, the public had not attended the meetings as expected. After discussion as to the advantages and disadvantages of the time of meetings, motion was made by Alderman Eden: That the Council meetings be changed from 7;30 P.M. to 3:00 P.M. on the 1st and 3rd Thursdays of each month commencing August 20, 1959. The motion was seconded by Alderman Nimes, and the following roll call vote was recorded; Ayes: Aldermen: David, Eden, Rimes, Roleson, Sims, Hledsoe, and Bollinger. Nays: Alderman Ray. Mayor Price introduced Charles Hampton, who had recently been employed ae Ci.ty Engineer. There being no further business to come before the meeting, Alderman Bledsoe moved the meeting adjourn, which motion was duly seconded by Alderman Roleson, and the following vote was recorded: Ayes: Aldermen: Hollinger, David, Eden, Nimes, Ray, Roleson, Sims, Bledsoe, Nays: None. The M&gor thereupon declared the meeting ad3ourned. ATTE~T._3~~" CI .~Q_- _ MAYOR APPROOED: AUGUST 20, 1959