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smoking. After a discussion, Councilmember Mynatt moved to adopt the ordinance and <br /> Councilmember Krug seconded. The roll call was 7 against and 1 (Krug) for. The motion <br /> failed. The council will consider a revised ordinance at the next meeting. <br /> NEW BUSINESS <br /> "CONSIDER AN ORDINANCE TO CLARIFY AND RE-ADOPT AN <br /> ANNEXATION ORDER ENTERED IN 1987 AS ORDINANCE #87-11-1 <br /> Councilmember Matthews introduced an ordinance to re-adopt an annexation <br /> south of the White River. Mayor Biard read the ordinance in full. Mr. Bill Walmsley, <br /> Attorney for the land owners, addressed the council to explain the need to re-adopt the <br /> ordinance. Mr. Walmsley said the land description in the original ordinance (87-11-1) <br /> may not have been platted correctly. He said all the land owners, White River Materials, <br /> Howard and Eddie House and S & S Liquidations want to be a part of the City of <br /> Batesville. The above land owners successfully petitioned the county to be released to <br /> the City and are now asking the City accept their annexation. Councilmember Smart <br /> moved to suspend the second and third reading and Councilmember Mynatt seconded. <br /> The roll call count was 8 for and 0 against. Councilmember Matthews moved to adopt <br /> the ordinance and Councilmember Pectol seconded. The roll call count was 8 for and 0 <br /> against. The ordinance was given #2006-4-2. Councilmember Smart moved to adopt <br /> the emergency clause. Councilmember Matthews seconded and the roll call count was 8 <br /> for and 0 against. <br /> COMMENTS FROM DEPARTMENT HEADS <br /> Code Enforcement Officer Chad McClure addressed the council concerning 5 <br /> condemnations. Mayor Biard opened the floor for the public hearing at 6:28 PM. The <br /> first property is 431 Elm Street. Mr. McClure that the structure had been torn down and <br />