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4992w ORDINANCE 1% AN ORDINANCE ENTITLED, "AN ORDINANCE REgUIRING THE FILING OF UNIFORM ANNUAL REPORTS BY BOARDS OF IMPROVER, NT DISTRICTS WITHIN TTI E CITY OF LITTLE ROCK, AND FOR 0=R PURPOSES." WHEREAS, under the existing statutes of the state of Arkansas, Boards of Improvement Districts created by the council of any city are required to file annual reports of their financial condition, and WHEREAS, it is the duty, imposed by law, upon the city council of the c ity of Little Rock to examine and adjust any and all such reports filed by the Boards of Improve? nt Districts within the city of Little Rock, and to dis -allow and adjust any and all un- just charges and credits, if any there be, and 'MREASI it will simplify the duties of the city council of the city of Little Rock, if all such re?)orts as are required by law to be examined by it, are uniform in content and form, and complete in all details so that the city council and interested tax - payers of any such improvement district may secure detail information alike from all such districts, NOVI THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TNT: CITY OF LITTLE ROCK ARKANSAS: SECTION ONE: That hereafter any and all annual financial reports of whatsoever kind or character, now or hereafter, required by law to be filed by Boards of Improvement Districts within the city of Little Rock shall be filed upon and be em- bodied in the following form and no other, to -tit: 1 ► l � L \ _ SECTION '¢: If any Board of Commissioners of any Improvement District within the city of Little Rock shall fail or refuse to comply with the provisions of section one of this ordinance$ the said Board and each member thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty Dollars nor more than Five Hundred Dollars for each offense. SECTION : This ordinance shall take effect and be in force from and after its passage and approval, j pap - :tte Anproved L-Now, -F, - 4 F 1i 1 � R /�Sht a �t 4- s �,.gRkANSP LEGAL DEPARTMENT LINWOOD BRICKHOUSE CITY ATTORNEY July 17,19.,3 embers of the City Council Little ='ock, Arkansas Gentlemen: jy'ec� ar,C, FIV,!b �NL• k This is to advise you that the case of J.O.Blakeney v City of Little Rock, wherein the validity of the ordinance requiring; reports from Commissioners of Improvement Districts was questioned, has been settled bjT the entry of a judgment granting a permanent injunction against the enforcement of this ordinance due to the fact that said ordinance %iias not published t the time of its passage. In rry opinion it ,,Jill not be necessary to re-,-ass the ordinance but merely to have the same advertised in order to make same effective. The enclosed statement of costs in be paid into the Chancer, /Court in -Ours ve - r _T B /EB the sum of '17.70 should this case. 1 N A FLOYD TE nnAL ATTORNEY AT LAw RECTOR BUILMING LITTLE RocK, ARKANSAS July 13, 1933 11r. John L. Krumm, City Clerk, City Hall, Little Rock, yrkansas. Dear Mr. Krumm: RECEIVED and FILED JILL? 3 1933 JOHN L. KRUf CITY ULUX The Gazette of this morning carries a statement that Chancellor Dodge.rendered an opinion yesterday where- in he held that Ordinance No. 4992, passed last year, reg- ulating the filing of annual reports by Boards of Commis- sioners of Improvement Districts in the City of Little Rock, is void because of the fact that it was not published as required by Section 7494, Crawford & Doses' Digest. This, of course, is a very keen_ disappointment to me as author of that ordinance. I am constrained to be- lieve that you were, at the time of the passage of this ordinance, acquainted with the provision of the State law above referred to, and that you were also informed as to the plain mandate set out in Section 439, nrickhouse & Castle's Digest of the Ordinances of the City of Little Rock, making it your duty to advertise the ordinance. In view of the simple language of the law definin, your duties under such circumstances, I am at a loss to know why you failed to publish the ordinance. It is indeed a waste of time and a useless gesture for the members of the City Council to prepare and pass or- dinances of this character and then to have the clerical feature making them operative, so sadly neglected as in this case. It is true no specific penalty is provided for such gross misconduct on the part of the City Clerk; at the same time the general law with reference to misfeasance in office is clearly applicable. Inasmuch as those of us who were so vitally inter- ested in the reforms to be brought about by this ordinance � � a i RECEIVED and FILED July 13, 1933 JOHN L. KRUMM, ciT� :; . #2 -JLK have been so rudely shocked by this revelation, I am prompted to ask if your conduct in this case is indicative of the pol- icy you have adopted with reference to all ordinances passed by the City Council since you have been in office. You surely realize by this time that the failure to properly publish the ordinance prevents it from becoming effective, and if this sake situation applies to other ordinances, they occupy the sane legal status as No. 4992. Therefore, I shall appreciate it very much if you will let me know what ordinances of a general character you have failed to publish in compliance with the law as I may also be interested in some of them. Trusting that I may hear from you before the next Council Meeting, I am Very truly yours, Floyd T r 1. FT: GB X v rs Hon. H.A. Knowlton, mayor Hon. Floyd Terral, Alderman, Vlard_One Hon. Members of the City Council of The City of Little Rock Gentlemen: Little Rock, Arkansas Office of The City Clerk July 17th, 1933 With further reference to Mr. Terral's letter of July 13th and my reply of 15th inst. I consider the entire matter as official in character and desire that the Council be apprised of the facts. On July 13th, 1933, the writer received a very scathing letter, upbraiding me on account of the reported non - publication of Ordinance 4992, passed by the City Council on July 25th, 1932, and said letter was promptly acknowledged. There can be no defense to a legal duty, and especial- ly so where quiet submission is indulged in or passive consent given. The Improvement District Report Ordinance which is the Ordinance in question was duly passed by the Council on :,onday July 25th, 1932. On the morning of July 26th, 1932 it was properly numbered and dated as to passa, e, and passed to the Mayor for his approval. Some time during the day of July 28th, 1932 I called at the Mayor's office for the several ordinances passed on the 25th, the 28th being the third day, and further, the ordinances were need- edO complete the Council Record. Alderman Tuohey was present in the PCayor's office at the time. As has been my custom since April 4th, 1931, I counseled the Llayor as to such ordinances as were of a general or permanent nature, or which imposed fines, penalties or forfeitures, with reference to their publication, in order to conscientiously cooperate and to conserve the ever decreasing revenues, so badly needed, to take care of payrolls and to retire bills payable to merchants and others, the reason for such action being that I might consider an ordinance as being of a general or permanent nature, whereas others might differ with such opinion and money be wasted should it develox) I was in error. `% Page 2 As best I now recall, this ordinance was carefully and seriously considered, along with other ordinances, and the Mayor finally concluded that the ordinance as passed would serve its pur- pose as to compilation of 1932 reports, but was too comprehensive to be required annually and from this angle /was believed not meritorious, worthy or suitable, doubting its legality as coming within the requirements of the State Law and the Council's authority or legal right to enact such ordinance, and in closing the matter stated it would cost too much to have both the ordinance and the form published, the report being essential to and the material part of the ordinance. It was estimated, I believe, to cost approximate- ly from $200.00 to $250.00 for such publication, and L•Lr. Tuohey concurred with the Mayor if the cost was approximately correct. No comment was made by myself, but I deduced and inferred that should it be published by me, much controversy might or would undoubtedly arise over payment. A memorandum was made by me at that time and attached to said file and ordinance which reads verbatim as follows; "The Mayor and Mr. Tuohey instructed me not to have this Ordinance published because it was believed to be illegal and would cost too much to have both the ordinance and form printed. John L. Krumm, City Clerk." Approximately Eighty Nine percent of the annual reports of the live districts due in and for the year 1 -932 have been filed. The Municipality and /or all other persons or tax payers interested from any angle, have suffered no pecuniary loss, nor have the rights of any persons been abridged, debared or precluded, which did not exist previously. Subsequent to the date when a decree was entered in Chancery Court restraining the enforcement ofsaid ordinance, the ordinance has been published making it effective and of legal force thirty days from date of 'publication and applicable to reports of live Improvement Districts in and during the year 1933. All ordinances requiring publication have been publish- ed, from and including April 14th, 1931 to the present time. It affords a great deal of satisfaction to state most modest l;) that the personnel of this office, makes every effort to Pp--e 3 render impartial, prompt, courteous, conscientious, competent, cooperative service such as a public office demands, and to which all persons and individuals are entitled, and we feel that we have been reasonably successful in so doing and to which the records will bear witness, and further, that no change will be made as to such roolicies in the future. Most sincerely yours, NOW JL,K;1UH i ty Ue rk . q July 15, 1933 fir o-' Floyd Terral A,ttorney at Law Rector Bldg. city Derar TAx. Terran: Acknowledging, receipt of and replying to your letter of July 13th, ipermit isle to advise you that the matter has received proper attention. Yours, JU;MM i CITY OF LITTLE ROCi7 Date 193 — ROLL CALL —CITY COUNCIL — OFFICIAL YEAR 1932 -1933 WARDS Names of Aldermen Long Term First Votes II CITY TREASURER Aye No FIRST WARD Terral, Floyd MUNICIPAL JUDGE II II Connor, C. M. 4 -3886 GC. SECOND WARD Leiser, H. G. J PLUMBING INSPECTOR PLUMBING John L. Krumm 1 9613 Tuohey, J. H. II 4 -3000 Y James Lawson it THIRD WARD FOURTH WARD Wassell, Sam M. CHIEF OF POLICE I II A i J. L. Bennett II 4 -1234, Muswick, George CHIEF OF FIRE DEPARTMENT (I Adkins, Homer M. 4 -2851 SUPT. PARKS AND SANITATION • CITY HEALTH OFFICER Winder, Ray Dr. V. T. Webb �+ 5402 I1 6813 CITY VETERINARIAN 1f T: -1_ _ FIFTH WARD Olive, A. I! I If Turner, Roy C. i �1I II _ SIXTH WARD Duttlinger, C. H. INSPECTOR WEIGHTS & MEASURES II Shoffner, E. G. J. E. Nothwang !1 4 -3508 _ SEVENTH WARD Wherry, Geo. R. II Joseph A. Young 4 -4460 Adams, George G. - EIGHTH WARD NINTH WARD Conner, Mrs. C. C. Fisher, Merlin Scougale, A. y Gladden, J. R. ll1'Y yrr11:L'tW 'Mr4LI L - v +.,,cc K1.�MAKliA MENT HEADS Phone MAYOR Horace A. Knowlton ,; 4 -8416 CITY TREASURER II Oscar D. Hadfield 4 -2020 MUNICIPAL JUDGE II II Harper E. Harb 4 -3886 CITY ATTORNEY II Linwood L. Brickhouse II 4 -1123 _ CITY CLERK II J PLUMBING INSPECTOR PLUMBING John L. Krumm 1 9613 CITY COLLECTOR II II 4 -3000 Y James Lawson it 44278_ , CHIEF OF POLICE I II A i J. L. Bennett II 4 -1234, it CHIEF OF FIRE DEPARTMENT (I Charles S. Hafer II 4 -2851 SUPT. PARKS AND SANITATION • CITY HEALTH OFFICER Dr. V. T. Webb �+ 5402 I1 6813 CITY VETERINARIAN 1f T: -1_ II III cdnli II i MILK AND DAIRY INSPECTOR II Geo. D. Ellis 11 5402 �y CHIEF FOOD INSPECTOR II II Ewell Hopkins !1 5402 II MEAT INSPECTOR I, A. F. Coots 6485 J PLUMBING INSPECTOR PLUMBING E. L. Gruber II 4 -3000 CITY ELECTRICIAN Lester E. Newland II 4 -3508 CITY ENGINEER W. H. Marak II 4 -3000 SUPT. PARKS AND SANITATION • 11 • I R. C. Rudisill I1 6813 11 SUPT. CITY HOSPITAL II I! H. K. Ford 1L 7161 CITY LIBRARIAN II II Miss Vera Snook I 8932 INSPECTOR WEIGHTS & MEASURES II �I J. E. Nothwang !1 4 -3508 SUPT. AIRPORT II Joseph A. Young 4 -4460 �I ,.3fficial term of Mayor, City Treasurer, Municipal Judge and appointive officers, expires in April, 1933; City Attorney and City Clerk in April, 1934. (Over)