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1588ORDINANCE NO. 15 ~ S AN ORDINANCE TO ESTABLISH THE MOSQUITO CONTROL DEPARTMENT, PROVIDING FUNDING, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, it having been found by the City Council of the City of West Memphis, Arkansas, that present efforts to combat problems created by mosquitoes in the City of West Memphis are insufficient and that additional efforts are necessary and desirable and that additional funding must be obtained in order to provide the additional services; and WHEREAS, there should be created a department to be known as the Mosquito Control Department to provide additional services and that funding should be through a fee of $1.00 per month chargeable against all dwelling houses and other establishments in the City of West Memphis, pursuant to the authority delegated to municipalities by A.C.A. 14-54-103 and in accordance with decision of the Arkansas Supreme Court in Holman v. City of Dierks, 233 S.W.2d 392; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. There is hereby created and established a department of the City of West Memphis which shall hereafter be known as the Mosquito Control Department and which Department shall be under the management and supervision of the Mosquito Control Officer who shall be appointed by the Mayor. SECTION 2. The Mosquito Control Department shall be responsible for year-round mosquito control efforts which may include, but are not limited to, aerial spraying, vehicle mounted spraying, mosquito trapping, draining ditches and other areas of standing water, placing larvicides in areas that cannot be drained and, in general, pursuing a control program based on the latest technologies. ~Ir SECTION 3. Whenever mosquito breeding areas are found on private property, the Code Enforcement Office will be requested to enforce applicable city ordinances, including but not limited to, Ordinance 1385 and any amendments thereto, which defines mosquito breeding areas and enforcement procedures. SECTION 4. The Mosquito Control Department is hereby authorized to pursue its mosquito control efforts up to a two- mile limit outside the city limits of the City of West Memphis, Arkansas. SECTION 5. Funding for the Mosquito Control Department and its mosquito control efforts shall be provided from a fee of $1.00 per month which is hereby levied against all dwelling houses and other establishments in the City of West Memphis, Arkansas. Such fee shall be payable monthly and included on each monthly utility statement from the West Memphis Utility Commission, or its successor. The assessment of this fee shall be reviewed annually by the City Council at such time as the annual budget is presented and considered by the City Council. SECTION 6. EMERGENCY CLAUSE. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent and immediate need by the City of West Memphis to provide additional services to prevent injury or annoyance to the citizens of West Memphis from the dangerous, }, offensive or unhealthy effects of mosquitoes, and to provide a method of funding such necessary services, an emergency is hereby declared to exist, and this Ordinance, being necessary for the preservation of the public peace, health safety and welfare of the citizens of West Memphis, Arkansas, shale be in full force and effect from and after its passage and approval. ,~ PASSED AND APPROVED t h i s .3 R,D day o f ~u N E , i s 93 . ow~~--- K TH M. INGRAM, M YOR ATTEST: ~ ~~ DAN CRA , CITY CLERK ~~~ SPONSORED BY: ORDINANCE NO . I SSS AN ORDINANCE TO ESTABLISH THE MOSQUITO CONTROL DEPARTMENT, PROVIDING FUNDING, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, it having been found by the City Council of the City of West Memphis, Arkansas, that present efforts to combat problems created by mosquitoes in the City of West Memphis are ' su ficient and that additional efforts are necessary and in f desirable and that additional funding must be obtained in order to provide the additional services; and WHEREAS, there should be created a department to be known as the Mosquito Control Department to provide additional services and that funding should be through a fee of $1.00 per month chargeable against all dwelling houses and other establishments in the City of West Memphis, pursuant to the authority delegated to municipalities by A.C.A. 14-54-103 and in accordance with decision of the Arkansas Supreme Court in Ho ma v. City of Dierks, 233 S.W.2d 392; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: ~rr SECTION 1. There is hereby created and established a department of the City of West Memphis which shall hereafter be known as the Mosquito Control Department and which Department shall be under the management and supervision of the Mosquito Control Officer who shall be appointed by the Mayor. SECTION 2. The Mosquito Control Department shall be responsible for year-round mosquito control efforts which may include, but are not limited to, aerial spraying, vehicle mounted spraying, mosquito trapping, draining ditches and other areas of standing water, placing larvicides in areas that cannot be drained and, in general, pursuing a control program based on the latest technologies. SECTION 3. Whenever mosquito breeding areas are found on private property, the Code Enforcement Office will be requested to enforce applicable city ordinances, including but not limited to, Ordinance 1385 and any amendments thereto, which defines mosquito breeding areas and enforcement procedures. SECTION 4. The Mosquito Control Department is hereby authorized to pursue its mosquito control efforts up to a two- mile limit outside the city limits of the City of West Memphis, Arkansas. SECTION 5. Funding for the Mosquito Control Department and its mosquito control efforts shall be provided from a fee of $1.00 per month which is hereby levied against all dwelling houses and other establishments in the City of West Memphis, Arkansas. Such fee shall be payable monthly and included on each ~. monthly utility statement from the West Memphis Utility Commission, or its successor. SECTION 6. EMERGENCY CLAUSE. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent and immediate need by the City of West Memphis to provide additional services to prevent injury or annoyance to the citizens of West Memphis from the dangerous, offensive or unhealthy effects of mosquitoes, and to provide a 2 method of funding such necessary services, an emergency is hereby declared to exist, and this Ordinance, being necessary for the preservation of the public peace, health safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this -3*?a day of -~O"'~ , 1993. ~ ~. ~~ EITH M. INGRAM, ayor ATTEST: o City Clerk SPOI~RED, BY ~~~ ~ ice.----' ~ ~-----J ~-r J~~~%~ '~ r ~Irr RECEIVED ~';~ CITY CLERK OFFICE ` QATE . 5 ~ l ~ - 53 Nosquito.ord 3