1454ORDINANCE NO, ) X54
AN ORDINANCE TO REPEAL ORDINANCE NO. 835 AND ORDINANCE
NO. 922, CHAPTER 2.78 OF THE WEST MEMPHIS MUNICIPAL
CODE, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the Chancery Court of Crittenden County,
Arkansas, in case E-78-6, entered its Decree dated January
4, 1979, declaring Ordinance No. 835, as amended by
Ordinance No. 922, unconstitutional and void ab initio; and
WHEREAS, the Decree of the Chancery Court of Crittenden
County, Arkansas, in case E-78-6 was not appealed; and
WHEREAS, Ordinance 835 as amended by Ordinance 922 are
codified as Chapter 2.78 of the West Memphis Municipal Code
and should be repealed and deleted pursuant to the Decree
of the Chancery Court; and
WHEREAS, the West Memphis Municipal Code is to be
updated at the end of this year and it is necessary to have
Ordinance 835 and Ordinance 922 repealed so that the
provisions of said ordinances will not appear in the
updated Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That Ordinance No. 835 and Ordinance 922,
codified as Chapter 2.78 of the West Memphis Municipal
Code, are hereby repealed.
SECTION 2. EMERGENCY CLAUSE. It having been found and
determined by the City Council of the City of West Memphis,
Arkansas, that there is an urgent need by the City of West
Memphis to repeal Ordinances 835 and 922 and thereby avoid
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any unnecessary confusion that could occur by the inclusion
of said unconstitutional ordinances in the updated
Municipal Code and that time is of the essence, 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
the date of its passage and approval.
PASSED AND APPROVED this ~~~ day of bac~n~b¢r , 1990.
r V 1 ~L~ - r~,a~ ol^
KEI H M. INGRAM, Mayor
ATTEST:
DAN CRAFT(~~ity~rk
SPONSORED BY:
k-
IN THE CHANCERY COURT OF CRITTENDEPd COUNTY, AR PTSAS
~~- ~.~
G. W. CRAIG, et al. U~~ ~.u~""~'' PLAINTIFFS
VS. N0. E-78-6 ~1'~-.~...,, .5~ f'~r,.c~{_,,,o.._.!1'1,
PRITCFiARD HORTON, Individually ~~~,~~ ~'~~,~`~
and as a Member of the City Council
of West Memphis, et al. ,v1~F~~~ ~ ~~~~;~-,y. /DEFENDANTS
DECREE
On August 16, 1978, carne on for hearing plaintiffs' Motion
for Summary Judgment, and from the pleadings, statements of
counsel, and other matters before the Court, the Court finds,
orders and decrees as follows:
1. That Arkansas Acts 292 and 614 of 1975 constitute
special and local legislation, and, therefore, are unconstitutio
under Amendment 14 to the Constitution of Arkansas.
2. That West Memphis City Ordinance 835 (as amended by
Ordinance 922) was promulgated pursuant to the above referenced
unconstitutional Acts, and therefore, the Ordinances are un-
constitutional and void ab initio.
3. That the City of West Memphis should be, and hereby is,
enjoined from making expenditures pursuant to the Ordinances
referenced in the next preceding paragraph.
4. That the Court has subject matter and personal juris-
diction of this cause.
IT IS SO ORDERED, ADJUDGED AND DECREED.
Clianc'21 r
Date : _~ +/..~,~~'
Entered nunc pro tunc as of
APPROVED : ~....},6,.T.~.lg:q~ .~,~G~ ~ ~. d ,6rj ~ ~ffY~
WM. R. WTLSOPI, JR. , P .A.
Post Off ice Box 71
Little Rock, Arkansas 72201
Attorney for Plaintiffs
By I D _----.__.._
Wlfn. R. Wilson, Jr.
ROBERT L. SMITH, CITY ATTORNEY
City of West Memphis, Arkansas
1
Robert L. ~ ~.th