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April 6, 1961~% MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARIiAN5A5, HELD AT THE CITY HALL IN SAID CITY ON THE 6TH DAY OF APRIL, 1961, AT 3:00 P,Nt, The City Council of the City of 'Vest Memphis, Arkansas, met in regular session in the City of West Memphis at 3:00 P, M, on the 6th day of April, 1961, The following were present: Aldermen: Y, G, Sims, 0, I, Bollinger, R, C, Bowie, Earl Felts, and C, H, Rowton; and City Attorney W. H, Dillahunty, Absent: Aldermen: R, E. Eden, J, F, Lackey; and L, E, Roleson. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meetings on March 16th and 21st were approved as read. Fire Chief Elmo Anderson presented report on activities of the Fire Department for 1960, Niayor Price commended Chief Anderson on the operation of the Fire Department, Alderman J, F, Lackey made a delayed appearance. City Clerk Charles F, DeGraff read minutes of meetings of Insurance Committee as follows: In accordance with Legal Notice published on Starch 3, 1961, in the Evening Times of lJest Memphis, for sealed bids on Iorkmen's Compensation and Public Liability Insurance to be received at 2 P, M, Thursday, Nlarch 23, 1961, in the office of the Mayur, the bids were received from the following: McGonagill-Roberts Insurance Agency United Insurance Agency, Inc, Guaranty Loan Sc Real Estate Co. Alderman C, H. Rowton, the only member of the Insurance Committee appointed by the Council present, informed Mr, H, L, McGonagill and Mrs, C, H, Senhausen, who were present, that a quorum of the committee was not present, therefore, it would be necessary to hold the matter in abeyance until a meeting of the Committee could be held. Nir, 0, I, Bollinger, made a delayed appearance. x,r,t The Insurance Committee composed of Aldermen R, E, Eden, 0, I, Bollinger, C, H. Rowton, and City Clerk Charles F, DeGraff met in Mayor Price's office on Thursday, March 30, 1961, at 10 A, M. It being determined a quorum was present, the following proceedings were had to-wit: After discussion of the bids for Public Liability and Workmen's Compensation received on March 23, 1961, from Guaranty Loan & Real Estate Company, United Insurance Agency, Inc., McGonagill-Roberts Insurance Agency, it was the unanimous decision of the Committee appointed by the Council to award the insurance bid to Guaranty Loan & Real Estate Company as the best combined bid. No further business being presented, the meeting was adjourned. .** After discussion, motion was made by Alderman Felts, seconded by Alderman Sims: That the action of the Insurance Committee to award the Public Liability and Workmen's Compensation to Guaranty Loan & Real Estate Company be approved, Upon vote, the voting was as follows: Aye: Aldermen: Sims, Bollinger, Bowie, Felts, Rowton, and Lackey, Nay: None, City Clerk DeGraff informed the Council of plans to have a meeting of Insurance Committee with all licensed insurance agents in West Memphis to discuss an insurance program for the City. Date of the meeting was set for 7:30 P, M, Wednesday, April 12, 1961, in Mayor Price's office, City Clerk DeGraff advised he would notify the licensed agents, Estimate in amount of X10,000 for work on the City Jail Addition from Heath & Scarbrough Construction Company was presented. Motion was made by Alderman Rowton, seconded by Alderman Bowie: That the Estimate be aonroved and payment authorized, Upon vote, the voting was as follows: Aye: Aldermen: Sims, Bollinger, Bowie, Felts, Rowton, and Lackey. Nay: None. Estimate from Heath & Scarbrough for Fire Stations X2 and 43 in the amount of X8,748,35 was presented. Motion was made by Alderman Bowie, seconded by Alderman Bollinger: That the Estimate be approved as presented, and payment authorized, Upnn vote, the voting was as follows: Aye: Aldermen: Sims, Bollinger, Howie, Felts, Rowton, and Lackev. Nay: None. _-~~ b~iayor Price informed the Council Dir, Erling Helland would be present at the Council Meeting on April 20th to discuss the preliminary Subdivision Regulations, copies of which were distributed to members of the Council, The Riayor stated he and the City Attorney had 1 been checking the preliminary reports tc correct conflicts with Arkansas Law, Electrical Inspector W, A, Perris reported to the Council he had contacted the ' electricians in West h1emphis, and the requirements for bond as stated in the ordinance ' read the first time on March lb, 1961, are satisfactory with them. City Attorney Dillahunty ~ advised the Council he had checked with the City of Little Rock, and the bond wording is identical with the requirements of the Little Rock ordinance. ~' The ordinance entitled "An Ordinance For The Repeal Of Ordinance No. 127, Passed And ~! 1j Approved December 13, 1946; For The Repeal Of Ordinance No. 337, Passed And Approved June 20, 1957; And For The Creation Of A Board Fer Examining And Licensing Electricians: To Provide Rules And Regulations For Licensing And Examining Such Person or Company; The Issuance Of Certificates Of Competency And To Prescribe Penalties For The Violation Cf ! This Ordinance" was read the second time, ~!(~ Alderman Rowton then moved that the rule requiring the reading in full of an ordinance ~I 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: f I Aye: Aldermen: Sims, Bollinger, Bowie, Felts, Rowton, and Lackey. Nay: None. The Ivfayor 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 Bowie then moved that tiie ordinance as read be adopted. This motion was duly seconded by Alderman Lackey, and on the roll being called the voting was as follows: Aye: Aldermen: Sims, Bollirgr, Bowie, Felts, Rowton, and Lackey. Ij i Nay: None. ~: U The Mayor declared that the ordinance had been adopted, and then called attention to !! the fact that Section 16, the emergency section, must be adopted upon a separate roll call in order to he effective, Alderman Felte then read Section 16 again. F.lderman Bowie moved that Section 16 be adopted, The mbtion was seconded by Alderman Rowton, and on roll call the following voted: I Aye: Aldermen: Sims, Bollinger, Bowie, Felts, Rowton, and Lackey, Nay: None. ~j 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 NO_ ane AN ORDINANCE FOi2 THE REPEAL OF OiDINANCE N0. 127, PASSED AND APPROVED DECEPoiBER 13, 1946; FOR THE REPEAL OF ORDINANCE NO, 337, PASSED AND APPROVED JUNE 20, 1957; AND FOR THE CREATION OF A BOARD FOR EXAMINING AND LICENSING ELECTRICIANS: TO PROVIllE RULES AND REGULATIONS FOR LICENSING AND EXAMINING SUCH PERSGN OR COMPANY; THE ISSUANCE OF CERTIFICATES OF COhIPETENCY AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, BE IT ORDAINED BY THE CITY COUNCIL OF THB CITY OF tVEST W1EhIFHI5, ARY.ANSAS: SECTION ONE, There is hereby created and established a Board of Examiners for Electricians; said Board shall consist of four (4) members who shall be appointed by the Mayor with the advice and consent of the City Council and who shall be appointed for a term of one (1) year from the first day of .4pri1 of the year of their appointment and shall be appointed annually thereafter before the first day of April and said Board shall be known as the Board of Examiners for Electricians, Said Board shall have the pwoer and it shall be its duty to examine into the qualificatiocs of all persons who are engaged in or desire to engage in the business of electrical wiring, maintenance, or in the maintenance of electrical equip- ment or other work connected directly or indirectly with the electrical wortc, Vacancies for any unexpired term shall be filled in the same manner as herein provided for the original appointment of members. The Board shall elect one of its members to be its secretary and who shall keep a full and complete record of all acts and proceedings of the Board, The Board of Examiners shall keep and preserve a record of all electricians examined by them and to whom a certificate has been issued. Said record shall be kept in a well bound volume and shall become a permanent record of the City of West Memphis. SECTION TWO. The Board of Examiners shall adopt such rules and regulations for the examination of all applicants for licensing as electricians and the issuance of certificates for the conduct of the business of the Board of Examiners as may be necessary not in conflict with the statutes of the State of Arkansas, the provisions of this Ordinance or with any other ordinance of the City of 4tlest ktemphis, 5; Examinations shall be held by the Board in the City Hall of (Vest Memphis, Arkansas, in the months of January, April, June and Gctober, if there be an applicant desirous of taking said examination. The examination shall be held at a time to be set by the Board in the above stated months and each applicant for the examination shall be notified in writing five (5) days prior to the holding of the examination. Each member of the board shall submit an equzl number of questions for each examinaticn :and said questicns are to be taken from the National Electric :,ode or questions having a direct Searing on electrical installations, Any person passing the examination by a score or grade of seventy (70) per cent shall then have issued a certificate of competency and be entitled to purchase and procure a license authorizing such person to purchase- permits for electrical work in City of 19est Tdemphis, Arkansas, and all electrical work to be done pursuant to any permit issued shall be the sole property of the person passing the examination and no certificate of competency or license shall he assignable or transferable and any evidence of such transfer or assignment shall constitute grounds and/pr cause for the cancellation of said certificate and/cr license. '_'he Board of Examiners shall have the authority to hold hearings to determine if the holder of a certificate cf cor:petencv or license has oerc~itted the use of his certificate of competency or license to be used by another person, firm, partnershic or corporation and may require such evidence as it shall need to determine if the holder of a license or certificate has permitted the use of his license or certificate by another, At such hearing, if the Board finds such improper use by the holder or" a 2ertificate cf Competency or License, then and in that event the Board of Examiners may revoke the Certificate of Competency or License by such holder, SECTIGN THREE, No permit shall be issued to any licensed electrician unless such licensed electrician shall have and maintain an established place of business with in the City Limits of West Memphis, Arkansas, and have displayed in a prominent location his business name and shall maintain a telephone at the business, A field office located within the city limits shall not be considered as an established place of business. SECTION FOUR, Before any person shall engage in the business of electrical work in any of its phases, the name, residence and place of business of such person shall be furnished and recorded in a book or books to be kept by the office of the City Clerk for that purpose and any changes in ownership or the place of business shall be promptly reported to the office of the City Clerk and such change shall be noted by the City Clerk. SECTION FIVE. Every electrician performing electrical work in the City of West Memphis shall give a bond in the penal sum of One Thousand and No/10'Jth Dollars ($1,000,00) to be approved by the Board of Bxaminers; said bond shall be payable to the City of ;Vest Memphis, and any citizen who may be damaged by imperfect work done by such electrician r"or failure to comply with the ordinances of the City of West 4lemphis, the National Electric Code and the statutes of the State of Arkansas and said bond shall beconditioned that said electrician shall indemnify and hold harmless the City of Nest Memphis and all persons from damages caused by the negligence pr imperfect work done by him or his servants, agents or employees. Said bond shall be renewed each year and shall expire on December 31 on each year after its issuance and if the security should become impaired before the expiration of the bond the Secretary of the Board of the City Clerk shall require additional bond. All licenses issued by the City Clerk shall expire cn December 31 of each year and if not renewed by January 31 of the following year it shall become void. Another examination before the Board of Examiners may be required and applicant shall pass said examination and be issued a certificate of competency before being issued a license by the City Cerk to engage in the electrical business. The Certificate issued by the Board of Examiners shall not be considered as the annual license fee required of every person engaged in or following the business of electrical wiring or maintenance of electrical equipment, but is in addition to the annual license fees, above referred to, and provided ordinances. SECTIGN SI:C, The fee charged an applicant by the Board of Examiners shall be Forty ($40.00) Dollars for each examination, SECTION SEVEN. The Board of Examiners shall have the power and authority to issue to an individual, company or corporation desiring to do electrical maintenance only, for its own concern, a certificate that will allow said individual, firm or corporation to do maintenance only, for its concern, without complying with the section of this ordinance as to maintaining an established place of business. SECTION EIGHT. From and after the passage of this ordinance it shall be unlawful for any person, to engage in electrical work in any of its phases including the installation of electrical fixtures or equipmat or doing anything directly or indirectly connected with electrical work, without first having made application to the Board of Examiners and having secured a certificate of competency and license as herein provided, Any person in the City of West Memphis holding himself out as licensed to do electrical work of any kind, in any of its branches without first securing a license in the manner herein provided shall be deemed guilty of viol~ion of the provisions of this ordinance. SECTION NINE, Every person, desiring to engage in electrical work in any of its branches shall apply in writing to the Secretary of the Board and shall deposit with the Treasurer of the City of West 6remphis the fee as set in Section Three hereinabove required by this ordinance for the examination herein provided for, The Board shall fix the hour at which said applicant shall appear and be examined and the Board of Examiners shall examine the applicant to determine his qualifications and fitness to carry on the business of performing electrical work, If the Board shall find upon examination that the applicant has a. reasonable knowledge of the nature and practica]. rules of electrical work, the safe, correct and approved manner of installing wire and electrical equinment or fixtures, and is familiar with the ordinances of the City of West Memphis and the statutes of the State of Arkansas governing the installation of electrical equipment, wiring, fixtures and devices, then the Board shall issue to said person a certificate to engage in and carry on the business of electrical work and shall register such person as duly certified under the terms and provisions of this ordinance, SECTION TEN, The certificate granted hereunder may be suspended or revoked for a violation of the provisions of this ordinance or any section thereof of any other ordinance governing installation or inspection of electrical wiring, fixtures, apparatus or devices, SECTION ELEVEN. Any member of the Board of Examiners may be removed by the Mayor of the City of lgest Memphis for incompetency, inefficiency or dereliction of duty, The Board shall serve without pay including the secretary thereof. SECTION TWELVE, Each member of the Board of Examiners shall receive the sum of Ten and No/100 ($10,00) Dollars as compensation for each examination given provided such board member participates, SECTION THIRTEEN, By the term "electrical" as used in this ordinance is included all work of every character connected with the installation or repair of any electrical fixtures, wiring, material connected with or in any manner used in the furtherance of such work, SECTION FOURTEEN, Any person violating any of the provisions of this ordinance or any rule or regulation established and prescribed under the authority herein designated, shall be guilt}' of a misdemeanor upon conviction therefor, shall be fined in a sum of not less than X10,00 or more than $50,00 for each and every violation of the law and in addition thereto, the certificate of the person or persons involved in such violation may be revoked by the Board as herein provided. SECTION FIFTEEN, If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remainder of this ordinance and all ordinances or Darts of ordinances in conflict herewith are hereby repealed, SECTION SIXTEEN. It being determined that this ordinance is necessary for the immediate preservation of the public peace, health and safety of the inhabitants of West Memphis, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval, Mayor price recommended the reappointment of C. V, Griffin, Freeman Finley, Walter Rimer, and IV, A, Perrine as members of the Board of Examiners for Electricians for a term of 1 year in accordance with Ordinance No, 403, Motion was made by Alderman Lackey, seanded by Alderman Rowton: That the appointment of the Board of Examiners for Electricians be confirmed, Upon vote, the voting was as follows: Aye: Aldermen: Sims, Bollinger, Bowie, Felts, }2owton, and Lackey, Nay: None, There being no further business, motion was made by Alderman Felts, seconded by Alderman Lackey to adjourn, Upon vote, the voting was as follows: Aye: P.ldermen: Sims, Bollinger, Bowie, Felts, Rowton, and Lackey, Nay; None, _. '~ CITY CT~RIi APPROVED; APRIL 2J, 1061 ~,) ~```- ' ' -`J ~ ~ u AWYOR