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August 17, 1972~~ MINUTES OF A REGULAR MEETING OF THE CITY COUDAYLOFFAUGUSTIT1972• OF WEST MEMPHIS, ARKANSAS, HELD ON THE 17TH ~ The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 o'clock p.m. on the 17~h day of August, 1972. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the chair, and the following named Aldermen: W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, W. L. Harris, Pritchard Horton, C. D. Hutcherson, M. P. Scott, B. G. Smith, and R. T. Bentley; and City Attorney R. L. Smith. Absent: James Hightower. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on August 3, 1972, were approved as read. Alderman Bentley reported action of the Insurance Committee pertaining to hospital insurance. Mayor Rodgers informed the Council of discussion with Mr. Glen Zimmerman and Mr. Fleming of the Arkansas Municipal League as to the hospital insurance increase and maintaining the January anniversary date of the policy. The Mayor advised the Insurance Committee will make recommendation as to the advertising for bids for insurance. An ordinance entitled "An Ordinance To Amend Ordinance No. 7l6 Declaring An Emergency And For Other Purposes" was introduced by Alderman Harris, and read by the City Attorney. Mr. Robert Jontz requested that the developers be given an opportunity to study the proposed changes. After discussion with Mr. Charles Hampton and Mr. Eddi~r Brawley as to technical changes studied by the Street Committee, Council approval of preliminary subdivision plats, the Fire Chiefts approval as to accessibility for fire fighting apparatus, and consideration of proposed changes, motion was made by Alderman Scott, seconded by Alderman Dickerson: That the first reading of the ordinance be approved. The Mayor put the question on the adoption of the motion, and the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. Fire Chief R. L. Simmons presented an ordinance providing for penalty for false fire alarms, and commented on the expense and danger involved in responding to false alarms. Alderman Bentley stated the ordinance had been reviewed by the Fire Commission, and other cities are considering adopting a similar ordinance. The ordinance entitled "An Ordinance To Control False Fire Alarms And Unlawful Interference With Fire Alarms Apparatus For The City Of West Memphis" was introduced by Alderman Grimsley, and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Dabbs moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith, and Bentley. No : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The a~rdinance was then read the second time by the City Attorney. Alderman Hutcherson, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the follow- ing voted; Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith, and Bentley. No; None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Scott, second~l by Alderman Smith, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcheson, Scott, Smith, and Bentley. No: None. Alderman Dickerson, seconded by Alderman Harris, moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. .~ The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, t~hich was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 732. The ordinance read as follows: ~~4. ~. ORDINANCE N0. ?32 AN ORDINANCE TO CONTROL FALSE FIRE ALARMS AND UNLAWFUL INTERFERENCE WITH FIRE ALARMS APPARATUS FOR THE CITY OF WEST MEMPHIS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. FALSE ALARM OF FIRE PENALTY: Any person who willfully, or knowingly, gives or aids or abets in giving, any false alarm of fire, by any means, shall be guilty of a ~"' misdemeanor and upon conviction thereof shall be punished by imprisonment for not less than five (5) days, nor more than Three Hundred Sixty t360) days, or fine not to exceed Two Hundred Fifty Dollars ($250), or both. SECTION 2. UNLAWFUL INTERFERENCE 4dITH FIRE ALARM APPARATUS PENALTY: A person who willfully, or knowingly, tampers with, interferes with or impares any public fire alarm apparatus, wire or associated equipment, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished not less than five t5) days or more than three hundred sixty (360) days, or fine not to exceed Two Hundred Fifty Dollars ($250), or both. SECTION 3. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION l~.. EMERGENCY CLAUSE: It is hereby found and declared by the City Council that this Ordinance is immediately needed for the proper functioning of the Fire Department; therefore, an emergency is declared to exist and this Ordinance being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after the date of its passage and approval as required by law. Adopted this 17th day of August, 19?2. ~-~~:-~ Mayor Rodgers commented on the deterioration of postal service due to the mail being sent to the Memphis Distribution C enter, the closing of the Hulbert Office, and a resolution adopted by the Chamber of Commerce. After discussion, motion was made by Alderman Bentley, seconded by Alderman Smith: That the Council go on record opposing the Post Office changes, and the City Attorney be instructed to prepare a Resolution and send to the Representatives and Senators. Upon vote, the voting was as follows : Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. Mr. C. Taylor, 1}.05 S. McAuley, presented complaint as to bills for electricity for gas air conditioners in comparison to electric air conditioners. Utility rates were discussed, and Mr. Taylor advised to contact Mr. P. G. Para of the Utility Commission, and if satisfactory information is not received to return to the Council. Alderman Bentley informed the Council of complaints as to weeds and snakes. The Mayor advised maintaining of some ditch banks is not the City's responsability. Alderman Scott recommended the Utility Commission distribute information as to reading meters and figuring utility bills. Mr. P. G. Para st~.ted pamphlets have been ordered to be placed in the resident's door when meters are read. Alderman Dickerson announed the garbage committee will meet at 8 PM, August 23rd. No further business being presented, the meeting was adjourned. ~~ ~ ATTE ` ~~ ' , -`' CITY CLERK MAYOR APPROVED: SEPTEMBER j, 1972