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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Ordinance 835 as amended by Ordinance 922 are codified as Chapter 2.78 of the West Memphis Municipal Code and should be repealed and deleted pursuant to the Decree of the Chancery Court; and WHEREAS, the West Memphis Municipal Code is to be updated at the end of this year and it is necessary to have Ordinance 835 and Ordinance 922 repealed so that the provisions of said ordinances will not appear in the updated Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST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 That Ordinance No. 835 and Ordinance 922, codified as Chapter 2.78 of the West Memphis Municipal Code, are hereby repealed.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 . ':: a+ :,;, r i;~L,i{ 0=i=iCE -~ ,~~~ 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