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07-24-45 99 MINUTES OF A2T ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL WEST MEMPHIS, ARKANSAS JULY 24, 1945 The Council of the City of ~4est Memphis, Crittenden County, Stste of Arkansas, met in an adjourned session at the City Hall in said City on the 24th day of July, 1945, at 8 PM with the following members present: P. M. Deaus, Mayor J. B. Loyd J. H. Spears, Attorney C. H. Brown G. Z^t. McAuley J. F. Jenkins Curtis Foster 0. I. Bollinger, Aldermen " ` All members being present, the following proaeadings were had to wit: Minutes of an adjourned meeting on July 12, 1945, were read and approved. After discussion and due consideration the following ordinance was introduced in writing and read in full by Alderman 0. I. Bollinger : The business of owning, operating, or leasing of automa-Eia musical instruments, automatic weighing machines, automatic gum slot machines, or automatic stamp machines is hereby de- clared to be a privilege, and it is further declared that any person, individual, corporation, or partnership, agent or reaeivor thereof, vaho is the owner, operator or lessor of any such machines shall pay an annual license fee thereon for the privilege of owning, operating, or leasing said machines as follows: Each Coin Slot Automatic Musical Instrument $30.00 Each Automatic Weighing Machine 2.50 Each Gum Slot Machine 2.50 Each Stamp Machine Operated For Profit 2.50 Before any person, firm, corporation, agent or receiver thereof shall be Permitted to operate any of the foregoing machines, he shall first procure from the City Collector the license or Permit, which permit shall show that the licensed tax on each machine has been paid and shall state the period of time during which said machine may be operated. { The license fee herein mentioned and provided shall be pay- able annually in advance, provided however, that at tha request of the person taking out said permit, the City Collector is hereby authorized to issue the license for --- six months and collect one-half of the annual license fee ~'%.!' therefor when there is six months or less remaining in the period for which the license is issued. It shall be unlawful for any person, firm or corporation, or agent or receiver thereof to operate or permit the operation of any of the foregoing machines without having first made application for and paid the license fee pro- vided for herein, and anyone found guilty of violating provisions of this ordinance shall be deemed guilty of a misdemeanor and fined in any sum not less than X50.00 nor more than W500.00, and each day such machine may be operated without having paid the licensing fee shall be ; '~~ and is hereby declared to constitute a separate offense. It is hereby found and declared that the passage of this. ordinance is necessary for the orderly function and opera- tion of the municipal-affairs,. and this ordinance being necessary for the preservation of the public peace, health, and safety, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from ,.I and after its passage and approval. ''' Ll- , ~: ' i -'yc '.. J a., g ~ y! ,~ ~~ . ry Alderman J. B. Loyd then moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed on its second ram3ing;; motion was seconded by Alderman J. F. Jenkins, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. W. McAuley 0. I. Bollinger Nay: None Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinanoe was then read the second time. Alderman Curtis Foster then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman G. W. McAuley, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye: J. B. Loyd J. F. Jen3dns C. H. Brown Curtis Foster G. W. McAuley 0. I. Bollinger IJay: Idone Whereupon, the Mayor declared the motion duly carried and said ordinance plaoed upon its final reading and adoption. Said ordinance was read in full by Alderman C. H. Brown, who moved its adoption, seconded by Alderman J. F. Jenkins, and after due consideration thereof by said Council, the ~4ayor put the question upon the adopting of said motion and the passage of said ordinanos, and the roll .being called, the following voted: Aye: J. B. Loyd J. F. Jenkins C. B:. Brown Curtis Foster G. 4V. McAuley 0. I. Bollinger Whereupon, the Mayor called to the Councils attention that the ordinance, as adopted,. contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Aldermen G. V+. McAuley and duly seconded by Alderman Curtis Foster that the amergenay clause of said ordinance be adopted, ar}d the roll being called, the following voted: Aye: J. B. Loyd J. F. Jenkins C. H. Brrnrn Curtis Foster G. W. MaAulsy 0. I. Bollinger Whereupon, the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and. the Recorder liras directed to spread same upon the record of Ordinances of the City of West b•emphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 109. Mayor P. Ivi. Dacus advised the Council that since no objectors or complainers of the ordinance that was inthoduced at last adjourned meeting had appeared the Council should proceed in passing the rate schedule ordinance as the notice of the hearing had been published in the Crittenden County Times ten days from July 12, 1945, and as no ,,~ one had appeared at the hearing to object to the ordinance the floor was open for a motion to suspend the rules a~ have the ordinance read the second time. i I 0 Alderman Curtis Foster then moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded by Alderman J. B. Loyd, and thereafter the Mayor put the question on the adoption of said motion, end the roll being called, the following voted: Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. Yr. McAuley 0. I. Bollinger Nay: None tirhereupon, the Mayor dealared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read tha second time. Alderman G.'Tr. McAuley then moved that said ordinance be now placed upon its final adoption; motion tivas seconded by Alderman J. F. Jenkins, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. 1Y. McAuley 0. I. Bollinger 4' I' (! 1~1 Nay: None 4Yhereupon, the Mayor declared the motion duly carried end said ordinance paced upon its final reading and adoption. Said ordinanoe was read in full by Alderman C. Ii. Brown who moved its adoption, seconded by Alderman J. F. Jenkins, and after due consideration thereof by said Council the Mayor put the question upon the adoption of said motion and the passage of said ordinance, and the roll being called, the following voted; Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. 1Y. McAuley 0. I. Dollinger 1Yhereupon, the Mayror celled to the Councils attention that the ordinance, as adopted, contained an emergency clause and suggested that speoific action should be taken by the Council on this olause. ~rhereupon motion was made by Alderman 0. I. Bollinger and duly seconded by Alderman J. F. Jenkins that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye° J. B. Loyd J. F. Jenkins { C. H. Brown Curtis Foster G. W. McAuley C. I. Bollinger Nay None Whereupon, the Mayor declared said motion duly adopted and said ordinanoe duly passed, and signed his approval to said ordinance and the Recorder was directed to spread the same upon the record of ordinances of the City of Yrfest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 108. . ~f j l_ ~t~? The Mayor next directed attention to the fact that the bids for construction of the proposed sewer system had been received and opened on the 10th day of July, 1945, that the Sewer Committee was gresent at the opening of the bids, that two of the Sewer Committee were present, and that it would be in order for the Sewer Committee to make a report to the City Council of the receipt of the bids, the amount each bidder bid, and other fact pertinent to the letting of the contract. Mr. Lamar Rogers and Mr. G. tiY. biaAuley, members of the Sewer Committee, being present reported to the Council that the bids as originally made were in exoesa of the available funds for the con- struction work that they recommend the elimination of the service conneotions which would reduce the amount of the bid approximately $15,000.00 that Alternative I and I•I also be eliminated in order to reduce the contract price to a sum which vrould enable the City to prooeed with the construction of the system that the bids received were as follows: Name of Bidder: Thos. J. Sheehan Company Address of Bidder: St. Louis, Missouri Lump Sum X287,771.00 Alternative I, 7,866.68 Alternative II 2,263.00 Name of Bidder: ~ Worth James Construction Co. Address of Bidder: Little Rock, Arkansas Lump Sum 300,000.0.0 Alternative I No Bid Alternative II 840.00 Name of Bidder: Address of Bidder: Lump Sum Alternative I Alternative II bad Widest Contracting Co. Dallas, Texas ~,, X243,232.00 18, 393.00 "~o 1, 500.00 `'' Name of Bidder: Thos. D. Nolan Address of Bidder:' Granite City, Illinois Lump Sum X265,543.80 Alternative I 13,200.00 Alternative II 470.00 The Sewer Committee along with the Mayor, and various members of the City Counoil, and the City Engineer made a canvass of the bids and of the items oontained therein and from a comparison of the bids submitted it appears that the Mid West Contracting Company of Dallas, Texas, was low bidder that the Engineer recommended letting the contract to the Mid West Contracting Company, vrhereupon the follow- ing motion was made by Mr. Lamar Rogers and seconded by L~:r. G. W. McAuley, that the Sewer Committee recommend that the contract be let for the construation of the proposed sewer system to the Mid~[est Contracting Company as amended and as agreed upon, and upon the matter being called to vote, the following voted: Aye: Lamar Rogers G. W. 1;cAuley Nay: None ~;~,,; The Mayor thereupon called the Councils attention to the recommendation of the Sewer Committee and motion, which was passed and adopted by the Sewer Committee reoommanding the awarding of the oontract to the Mid 9Yest Contracting Company, that the matter was open for criticism and for suggestions as to what course should be pursued in the matter of contract with the Mid~dest Contracting Company as recommended by the Sewer Committee. i After discussion and reflection upon the matter by various members of the Council and Sewer Committee and others present it was thought best that the contract be awarded to the Mid ~i'est Contracting Company as recommended by the Sewer Committee, and as amended the bid elimination of Alternative I and II and the elimination of the service connections. J~I LLI Thereupon, Alderman J. B. Loyd made the motion that the City of 1PFest Memphis officially award the contract as recommended by Sewer Committee and Marion L. Crist, City Engineer; the motion was seconded by Alderman J. F. Jenkins. Upon the matter being called to vote, the following voted: Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. W. McAuley 0. I. Bollinger Nay: None Mr. Ross appeared before the Council and roported the progress being made in acquiring the outstanding bonds and other necessary details in issuing the bonds as per agreement between the City of West Memphis and 'Halton-Sullivan & Company and Associates. Motion was made by Alderman C. H. Brown that Mayor Dacus request Mrs. Selma Allanberg to remove the building owned by her on Highway 61 south of Rex Cafe as it is a menace to the safety of others using the sidevralk in front of the building; and that if Mrs. Allenberg did not remove the building that the City should tear down said building and bill the owner for the costs. Alderman Braun was appointed to inform Mr. Y'i'. H. Hundhausen that it was the consensus of opinion of the Council that the frame house and the box car on his property on Bond Street should be torn down as they constitute a fire hazard and an unsightly condition. Motion was made by Alderman C. H. Brown that Mayor Dacus and City Clerk Bernhard be appointed to investigate building owned by Louise Floyd on Y12 Lot 4, Block 14, Compress Subdivision, as to sanitary conditions, safety, and fire restrictions and to report at the next regular Council meeting as numerous complaints have been made to City officials about the building. Aye: J. B. Loyd J. F. Jenkins C. H. Brown Curtis Foster G. Yi. McAuley 0. I. Bollinger Motion was made by Alderman Curtis Foster and seconded by Alderman G. W. McAuley to adjourn. Upon the matter being called to vote, the following voted: ATTEST : 1 CORDER MAYOR ~(~3