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April 15, 1965NSNUTES 0~ REGULAR 2-~ETING OF THE CITY COUNCIL OF THE CITY OF WEST N.EPIPHIS HAD AND HELD ON THE 15TH DAY OF APRIL. 1965. The Council of the City of West 2-iemphis in the County of Crittenden, State of Arkansas, met in regular session at the City Hall in said City, at 3:00 o'clock P.N. on the 15th day of April, 1965. were: The meeting was called to order by the Mayor, and the roll being called, there Present: Bob Eden, Mayor, in the chair, and the following named Aldermen: Franklin Bassett Paul 1"iatthews 0. I. Bollinger C. H. Rowton R. C. Bowie F. C. Weis Kirby Leggett and City Attorney W. H. Dillahunty. Absent: Alderman: Earl Felts. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on April 1st were approved as read. City Attorney W. H. Dillahunty read the following letter presented by Yr. James W. McDonnell, Jr. of the law fire: of Canada, Russell & Turner: April 15, 1965 1•;r. W. H. Dillahunty City Attorney West 1•iemphis, Arkansas Dear Mr. Dillahunty: In view of the inability to register qualified electors in accordance with Amendment 53, doubt has been cast on the validity of any bond election held at this time. Pidgeon-Thomas Company has been advised by the bond attorneys that it would be unwise to hold the election at this time, and as the corporate attorneys for that Company we have given them similar advice. For that reason, we request that the election not be held on April 22, 1965 as scheduled. It is still the present intention of Pidgeon-Thomas Company to go through with its West Memphis plans. It is felt, however, that a new election should be called when the election would not be subject to the uncertainties which exist at the present time. Yours very truly, CANADA, RUSSELL & TURNER BY: ~S / JAMES W. P`.cDONNELL, JR. The City Attorney advised the Council the "uncertainties" referred to in the letter pertain to the question of whether the State of Arkansas has qualified electors at this time. The Council was informed it will be necessary to call a new election by ordinance at a later date. Mayor Eden informed the Covncil contract for Community Center No. 1 had been awarded to James H. Taylor & Sons Construction Company of Crawfordsville, Arkansas, in accordance with Base Bid No. 1 in the amount of $175,000.00. Community Center No. 2 contract had been awarded to M & N, Construction Company of Jonesboro, Arkansas, that Alternate No. 2-to add resilient the in all areas scheduled as concrete floors except mechanical equipment rooms in the amount of $1,391.00 had been added to the Base Bid of $85,500.00, making a total of $86,891.00. City Attorney Dillahunty brought to the Ccuncil's attention a ruling of the Arkansas Supreme Court that a City can not prohibit pinball machines, the decision was rendered in a case appealed to the Court by the City of Piggott, Arkansas. The Council was informed State Statutes prohibit a person under 18 years of age planing the machines or the paying-off on games, also that the maximum privilege tax per machine is $5.00 per annum. After discussion, Alderman B,awton introduced an ordinance entitled "An Ordinance For The Fayment Of A Privilege Tax On Pinball machines In The City Of West N,emphis, Arkansas: Providing For Penalties For Non-Payment Thereof: Declaring An Emergency And For Other Purposes" which was read in £ull by Alderman N:atthews. Alderman 1deis then moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Bollinger and on the roll being called the voting was as Follows: Ayes: Aldermen: Bassett Bollinger, Bowie, Leggett, N.atthews, Rowton, and Weis. No: None. The N,ayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Bassett then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Bowie, and on the rolll being called the voting was as follows: Ayes: Aldermen: Bassett, Bollinger, Bowie, Leggett, A:atthews, Rowton, and Weis. No: None. The t;ayor declared that the ordinance had been adopted, and then called attention to the fact that Section 6, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Bowie then read Section 6 again. Alderman Leggett moved that Section 6 be adopted. This motion was dully seconded by Alderman R&wton, and on roll call the following voted: Ayes: Aldermen: Bassett, Bollinger, Bowie, Leggett, Matthews, Rowton, and Leis. No: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. The ordinance read as follows: ORDINANCE N0. 1180 AN ORDINANCE FOR THE PAYNT.ENT OF A PRIVILEGE TAX ON PINBALL MACHINES IN THE CITY OF HEST M4TPHIS, ARKANSAS: PROVIDING FOR PENALTIES FOR IdON-PA8AIENT THEREOF: DECLARING AN 4~RGENCY AND FOR OTHER PURPOSES: WHEREAS, the Supreme Court of Arkansas in the case of City of Piggott v. Eblen, 236 Ark. 390, held that a municipality could not prohibit pinball machines from being located in the City but could impose a privilege tax on each pinball machine provided the T•`unicipal Tax does not exceed that imposed by the State. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST A;T+]P:PHIS, ARKANSAS: SECTION 1. No person, firm or corporation shall engage in the business of an operator or proprietor of coin-operated amusement devices (pin-ball machines) without having first raid a privilege tax on each device or machine. SECTION 2. The privilege tax for each coin-operated amusement device (pin ball machine) shall be Five and No/100th Dollars (35.00) per annum. All taxes provided herein shall be far the calendar year beginning January 1st, provided however, if such tax on ar>.y coin-operated amusement device (pin-ball machine) be paid for the remainder of the calendar year 1965, one-half (2) of the privilege tax sh31 be paid and collected for each machine or device. SECTION 3. All privilege taxes provided for herein shall be payable to the City Clerk who shall issue proper receipts therefor. The tax provided for in this ordinance shall not be refundable in the event said machine is taken from operation. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed and,~or amended as herein set forth. SECTION 5. Any person, firm, or corporation who shall overate arty coin-operated amusement device (pin-ball machine) within the City of West A"emphis, Arkansas, without± having first paid the privilege tax herein imposed shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sum of ;325.00 and each day that such machine or machines are operated, without having paid said tax, shall constitute a separate offense. SECTION 6. It is found and determd.ned to be a fact that the provisions contained in this ordinance are immediately necessary in order that said City of West Memphis shall have an adequate privilege tax for such devices and machines, therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. The City Audits for 196!} were distributed by the Mayor for study and report at the A'iay 6th Council r:eeting. Alderman Bowie requested information on the building o£ houses in North Richland Subdivision in accordance with instructions of the Council on April 14, 1963, to the Building Inspector not to issue building permits unless sewer lines available. T:ayor Eden informed the Council Mr. ?at Johnson, Engineer, for the Utility Co:mnission, had stated the sewer lines have sufficient capacity to carry any construction now in the City Limits. The problem of mud on streets in construction areas was discussed. No further business being presented, the meeting was adjourned. G w A°,AY R ATTEST • / / ~~ ~G'~ %9`{"~ ~.