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,
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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)