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December 7, 196157 MINUTES OP A REGULAR hIEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, .--- HAT TI pT THR (•TTY HA T.T. TN SA Tn (`TTY (VJTHR 7TH ney (TR nRT`R\ vn ~p/,~ nT Z M D u r City Council of the City of West Memphis, Arkansas, met in regular session in the City of West Memphis at 3:00 o'clock P, M, on the 7th day of December, 1961. The following were present: Mayor Howell B, Price, Aldermen: L, E, Roleson, C, H, Rowton, Y, G. Sims, O, 1, Hollinger, R. C, Howie, R, H, Eden, Earl Felts, J, P, Lackey, and City Attorney W, H, Dillahunty, Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on November 16th were approved as read, An ordinance entitled "An Ordinance In Pursuance Of The Authority Granted By The Legislature Of The State Of Arkansas In Act 186 Of 1957; Repealing Ordinance 165 Of 1949 And All Other Ordinances Or Parts Of Ordinances In Conflict Herewith To The Extent Of Such Conflict; Hstablishing Zoning Regulations And Districts In Accordance With A Land Use Plan; Regulating The Location, Height, Hulk, Number Of Stories, And Size Of Buildings: Regulating Open Spaces, Lot Coverage, Density, And Distribution Of Population; Regulating The Uses Of Land, Buildings, And Structures Within The City Of West Memphis And Certain Unincorporated Areas Of Crittenden County Within Five (S) Miles Of The City Of Weat Memphis; Dividing Said Areas Of The City Of West Memphis And Crittenden County Into Districts Or Zones; Regulating The Erection, Construction, Reconstruction, Conversion, Alteration, Of Buildings And Structures; Providing For Uniform Regulations For Each Class Or Kind Of Buildings Throughout Hach District; And Providing For A City Board Of Adjustment" read the first time on November 2nd and the second time on November 16th was read the third time, After discussion, motion was made by Alderman Eden, and seconded by Alderman Felts: That the ordinance as read be adopted, Upon vote, the voting was as follows: Aye: Aldermen: Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Felts, and Lackey. Nay: 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 was numbered No. 411, ORDINANCE NO, 411 (THR88 (3) COPIES PLACED ON PILB PURSUANT TO STATUTORY REQUIREMENT) The ordinance entitled "An Ordinance Establishing Regulations For The Subdividing And Platting Of Land; Providing For Submitting Plats Por Approval; Describing Procedures; Setting Forth Plat Requirements And Fees For Approval, Subdivision Design Standards, And Improvement Requirements; Providing Penalties For Violation Hereof; And Repealing All Other Ordinances Or Parts Of Ordinances In Conflict Herewith To The Extent Of Such Conflict" read the First time on November 2nd and the second time on November 16th was read the third time. After discussion, motion was made by Alderman Rowton, seconded by Alderman Bollinger: That the ordinance as read be adopted, Upon vote, the voting was as follows: Aye: Aldermen: Roleson, Rowton, Sima, Bollinger, Bowie, Eden, Felts, and Lackey. Nay: None, The Mayor then declared 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 was numbered No. 412. ORDINANCH NO. 412 (THREE (3) COPIES PLACED ON FILE PURSUANT TO STATUTORY REQUIREMENT) **+**+,++r~ An Ordinance entitled "An Ordinance To Amend Ordinance No. 175 Which Ordinance Is Entitled "An Ordinance To Levy An Annual Occupation Tax Upon All Persona, Firms, Parternships, Associations And Corporations Hngaged In Carrying On Or Following Certain Trades, Businesses, Professions, Vocations And/Or Calling Within The Corporate Limits Of The City Of West Memphis And To Provide The Time For Payment Of Such Occupational And/Or Privilege Taxes And To Provide Penalties For Non-Payment Thereof" was read the second time. Motion was made by Alderman Lackey, seconded by Alderman Roleson: That the second reading of the ordinance be approved, Upon vote, the voting was as follows: Aye: Aldermen: Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Felts, and Lackey, Nay: None, An Ordinance entitled "An Ordinance For The Adoption Of The Arkansas State Plumbing Code Which Code Promulgates Rules And Regulations Of The State Board Of Health Governing The Construction, Installation And Inspection Of Plumbing And Drainage, Authorizing The City Inspector To Enforce Said Code And Providing For Punishment For Violations Of Such Regulations, And For Other Purposes" was read the second time, After discussion, motion was made by Alderman Eden, seconded.by Alderman Sims: That the second reading of the ordinance be approved, Upon vote, the voting was as follows: Aye: Aldermen; Roleson, Rowton, Sima, Bollinger, Bowie, Eden, Felts, and Lackey, Nay: None, City Attorney W, H, IIillahunty informed the Council he had prepared an ordinance regulating the business of manage institutes and operations, Alderman Felts introduced the ordinance entitled "An Ordinance To Provide For Regulating The Business Of Maaaage Institutes And Operators: To Provide For Investigation And Supervision By The Chief OF Police, And Prescribing Penalties For The Violation Of Its Provisions" which was read in full by Alderman Rowton, Alderman Sims 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: Aye: Aldermen: Rnleson, Rowton, Sims, Bollinger, Bowie, Eden, Pelts, and Lackey. Nay: 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 Roleson then moved that the 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: Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Felts, and Lackey, Nay: None. The Mayor declared that the ordinance had been adopted, and then called attention to the Fact that Section 5, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Bowie then read Section 5 again, Alderman Eden moved that Section 5 be adopted, Thia motion was duly seconded by Alderman Pelts, and on roll call the following voted; Aye: Aldermen: Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Felts, and Lackey, Nay: None, The Mayor then declared that the ordinance and the emergency section had been dulq 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, 5( ORDINANCH N0, 413 AN ORDINANCE 1U PROVIDH POR REGULATING THE BUSINHSS OF MASSAGH INSTITUTHS AND OPERATORS: 10 PROVIDE FOR INVESTIGATION AND SUPERVISION BY THH CHIEF OP POLICE, AND PRESCRIBING PENALTIBS FOR THE VIOLATION OF ITS PROVISIONS BH IT ORp~I1QBD"- BY THE CITY COUNCIL OP THE CITY OF WEST MEMPHIS: SBCTION 1. Definition of Terms: A. Massage Operator: A person who applies manual or mechanical massage ar similar treatment to the human body but shall not include a doctor or a nurse or any other type of treatment which is otherwise regulated by law. B, Massage Institute: Any place in which two or more massage operators give treatment, but shall not include a hospital or sanitarium or any establishment which is otherwise regulated by law. SECTION 2. Rules and Regulations: The Chief of Police shall have the authority to make an investigation of all applicants for a permit from the City of Weat Memphis to operate a massage institute in the City. The Chief of Police shall have the authority to enact and enforce reasonable regulations for the operation of massage institutes in the interest of public safety, morals and welfare of the general public, SECTION 3. Massage to Person of Op osite Sex: A, It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any Formentation, any bath, or any electric or magnetic treatment, nor shall any person cause or permit in or about his place of business, or in connection with his business, any agent, employee or servant or any other person under his control or supervision, to administer any such Lreatment to any person of the opposite sex. B. This section shall not apply to any treatment administered in good faith by any physician licensed to practice in the State of Arkansas or by a person under the supervision of a physician, SECTION 4. Penaltq; Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of Twenty-five and No/100ths Dol}a~s ($25.00) and each separate performance prohibited by this ordinance shall constitute a separate offense. SECTION 5. Emergency Clause: This ordinance being necessary for the health, safety and well being of the inhabitants in the City of West Memphis an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. *~rr* Mayor Price informed the Council that Chief of Riice Holland and Shop Foreman Ben Ellison had brought to his attention it would be advantageous for the City to trade five automobiles that have over 85,000 miles, and there is sufficient money in the 1961 budget for payment of the automobiles. Alderman Eden recommended to the Council that the Mayor's present car be transferred to the Chief of Police, and a new air conditioned car be included in the five automobiles for use of the Mayor, After discussion, the Mayor was authorized to have Notice To Bidders published for bids. to be received on December 21, 1961. A committee of Aldermen Eden, Bollinger, and Rowton was appointed by Mayor Price to study the bids. Mayor presented the Budget for 1962 to the Council. After discussion of the budget page by page the Mayor informed the Council in accordance with Arkansas statutes have andlstatusuofyaccounts~includedtinlthe 1961eBudgettmotioncwasimadefby Aldermane8dendget seconded by Alderman Rowton: That Mayor Price be authorized to transfer balance from 1960 to be added to estimated Budget, also any additional above the estimated income to be approved as additional to Budget for this year's operation, and transfer to G1 and ST1 Accounts, Also, the Mayor be authorized to transfer from G1 and ST1 Accounts to accounts as needed. Upon vote, the voting was as follows: Aye: Aldermen: Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Felts, and Lackey. Nay: None. Mayor Price requested Aldermen Roleson and Lackey to return their copies of the Budget when finish with them in order they may be given to Kirby Leggett and Paul Mathews, who will be Aldermen from their Wards when the Budget is adopted in February, Alderman Eden brought to the Council's attention the need for control of building in the areas adjacent to the City to be in conformity with regulations as adopted by Ordinances No. 411 and 412. City Attorney Dillahunty advised it would be necessary for the County Planning Board to adopt the regulations, and he would discuss the matter with the Deputy Prosecuting Attorney for the County. Alderman Bollinger, Chairman of the County Planning Board, stated he would call a meeting of the County Board for action on the matter, City Attorney Dillahunty informed the Council the Utility Commission had requested authorization from the Council to proceed with flouridation of the City's water supply as approved by vote on November 7, 1961, Thereupon a resolution was introduced by Alderman Lackey, who moved its adoption, the motion was seconded by Alderman Roleson, Upan vote, the voting was as follows: Aye: Aldermen: Rfleson, Rowton, Sims, Bollinger, Bowie, Eden, Pelts, and Lackey, Nay: None, The Resolution read as follows: RESOLUTION NO. 236 WHEREAS, the electorate of the Citq of West Memphis have cast the greatest number of votes for fluoridation of the water supply of the City of West Memphis; and WHEREAS, the Utility Commission of the City of West Memphis should be instructed to proceed with the purchase of equipment and necessary supplies to carry out the mandate of the electorate of the City of We at Memphis; NOW, THEREFORE, Bfi IT RESOLVED that the West Memphis Utility Commission be, and it is hereby, directed and authorized to take the necessary step for fluoridation of the water supply of the City of West Memphis, +*,r~ The Council was informed the Commission is checking with other cities on the types of equipment used in their flouridation process, No further business being presented, motion was made by Alderman Lackey, seconded by Alderman Pelts to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: Roleson, Rowton, Sims, Bollinger, Bowie, Bden, Felts, and Lackey, Nay: None. ATTEST]---a~.N~Ct~ ~~~~/ CITY C __ MAYOR APPROVED; DECEMBER 21, 1961