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March 15, 19555U PIINUTES OF A REGULAR MEETING OF THE CITY COUNCII, OF TIC CITY OF WEST MEMPHIS, -_- ,.:- _..___ ,,. _._~.RKANSAS, HAD AND.. HELD,ON_MARCH.],.5,,,-.1955.. --_.. ,- _, ~ .- - -. __ - The Covncil of the City of West Memphis met in a regular session at the City Hall in said City at 7:30 P.M. on the 15th day of March, 1955. The meeting was called to order by Mayor H. B. Price, and upon roll call there were: Present: Aldermen James Bledsoe, Bob Eden, Freeman Finley, Curtis Foster, A. R. Manchester, P, B. Powers, and R. H. Ray; City Attorney Atlee Harris and City Clerk J. E. Hines. Absent: Alderman O. I. Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on March 1, 1955, were read and approved. P4ayor Price announced the meeting would be open for consideration of bids for Sewerage Improvements Eighth Street Force Main And 0ut£all Sewer as per advertisement for bids. The following bids were presented: Artie Gregory Contractor, Inc. Little Rook, Arkansas 5656,560.90 Forsgreen Brothers Fort Smith, Arkansas x43,405.60 Worth James Construction Company Little Rock, Arkansas x53,960.00 After discussion of the bids, motion was made by Alderman Finley and seconded by Alderman Ray: That the bid of Forsgreen Brothers in the amount of $43,405.60 being the low bid be accepted, and the Nlayor and City Clerk be and they are hereby authorized to enter into contract with said company as per bid. Upon roll call vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Nay: None. The Insurance Committee consisting of Alderman Foster, Utility Commissioner Upton, and Treasurer Fred Owen recommended to the Council the City acquire Workmen~s Compensation and Public Liability Insurance, and that bids be submitted on the Public Liability Insurance. The matter was discussed. and it was the consensus of opinion of the Council the low bidder for Public Liability be given the Workmen~s Compensation, and the companies bidding be local companies and capital atoclc companies. Thereupon, motion was made by Alderman Ray and seconded by Alderman Bledsoe: That the Committee and City Attorney Atlee Harris prepare Notice For Bidders in compliance with recommendations, and bide be received at 7:00 P.M., March 31, 1955. Upon vote. the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester. Powers, and Ray. Nay: None. The Committee recommended the City not participate in plan for hospitalization, but make a hospitalization plan available to the employees; the matter was taken under consideration. Progress on the proposed swimming pools was discussed with Nir. A. E. Heagler, Engineer; motion was made by Alderman Bledsoe and seconded by Alderman Finley: That Nir. A. E. Heagler be authorized to advertise for bids for swimming pools, said bids to be received at 7:00 P.P4. March 31, 1955. Upon vote, the Aldei~nen voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Nay: None. An ordinance entitled "An Ordinance To Define The Business And Occupation Of Pawnbroker; To Provide For The Regulation Of The Business And The Premises Wherein Conducted; To Provide For A Privilege License For The Operation Thereof; To Provide Penalties For Violation Of This Ordinance" was read the third time by Alderman Finley, who moved the third reading be approved. The motion was duly seconded by Alderman Manchester, and on roll call the following voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Nay: None. 51~~~ ~~ The Mayor then declared the ordinance had been duly passed, and thereupon signed the ;~ ordinance in open Council meeting, his signature teas attested by the City Clerk under the ;i seal of the City, and the ordinance bec®me effective immediately. Said ordinance read as '~ follows: ~ii ORD]NAPICE I10, 298 i AN ORDINANCE TO DEFINE THE BUSINESS AND OCCUFATIOPI OF FAWNBRORER; TO PROVIDE FOR THE REGULATION ji CF THG BUS]NESS AND THE PREMISES WHEREIN CONDUCTED; TO PROVIDI: FOR A FRIV7ZL'GE LICENSE FOR THE !I OFERATICN THEREOF; TO PROVIDE PENAI~ITES FOR VIOLATIOri OF THIS ORDINANCE, '! I Section 1. BE I'P ORDA]NED BY THE BOARD OF ALDERF'IF1I OF THE CITY OF WEST MEMPHIS, ARKANSAS Ii that it shall be unlawful for any person, firm, partnership or corporation to establish or conduct a business of pawnbro}cer unless such person, firm, partnership or corporation shall ~~ have first procured a license from the City Clerk to conduct such business in the City of ~' West Memphis, Arkansas, in accordance with the regulations hereinafter set out. SF.CTICII 2. BE IT FtTRTIIi~?. ORDAINED that for the purposes of this Ordinance and unless the context otherwise appears, the pawnbroker shall be deemed to be any person, firm, partnership or corporation whose business or occupation is to take or receive, b3* the way of pledge, pawn or exchange, any goods, ware or merchandise or any kind of personal property j, whatever. ;~ Section 3. BE IT FURTHER ORDAINED that every pawnbroker shall keep a boo}: which shall be made with a stub, which shall be numbered consecutively and shall correspond in all essential particulars to the detachable pawn ticket attached thereto. The pawnbroker shall, at the time of making any loan, enter upon the stub, as well as the pawn ticket, a clear and accurate description, written in ink in the English language, of the property pawned, the date and amount of money loaned and when due, the name and residence address of the pawnor and if the article bears a serial number, the seria7_ number. The pawnor shall sign the stub with his residence address and receive the detached pawn ticket which shall be signed by the pawnbroker. Section l1.. The pawnbroker shall deliver daily, except Sunday, to the Chief of Police, before the hour of 12:00 o~clock Noon, a correct copy of all entries made in the stub book during the preceding business day. The said book shall be carefully preserved without alteration and at all times be open to the inspection of the Chief of Police or any police officer of the City of West Memphis, Arkansas. Section 5. BE IT FURTHER CItDA7NED, that it shall be unlawful for any pawnbroker to sell, exchange, barter or remove from their place of business or permit to be redeem®d, any of the goods pledge, pawned or deposited by, to or with them for the period of forty eight hoVt~9 after making of the report thereon as provided for in this Ordinance. Section 6, BE IT FURTIiII2 ORDAINiD, that no person licensed as a pa~mbroker shall, by virtue of one license, keep more than one house, shop or place for such business of pawnbroker, provided, however, that such license may be transferred from one place to another with the consent of the City Clerk and Chief of Foli.ce, Section 7. BE IT FURTHER ORDAINED, that every person licensed by the City of West Alemphi.s, Arkansas, undex• this Ordinance shall cause his or her name, or the firm name, or the corporation name "LICENSED Pl1WNBROKERS", and no other word or words, to be printed or painted, in large legible characters and placed on the front of said building or over the entrance thereof and no other description shall be permitted upon the front o£ said building. Section 8. BE IT FURTF~R ORDAINED, that no person so licensed sha7.1 take any article in pawn, pledge or as security from any person under legal age, nor from any person appearing to be intoxicated, nor from any person known to such pawnbroker to be a thief, or to have been convicted of larceny, or housebreaking, without first notifying a police officer, and when any person is found to be the owner of stolen property, which has been pawned, such property shall be returned to the owner thereof without the payment of the amount advanced by the pawn- broker thereon, or any costs, expenses or charges of any kind, which the pawnbroker may have placed upon the same. Section 9. BE IT FURTHER ORDAINED, that no licensed pawnbroker shall buy, sell or take for pledge, pawn or security, any device which may be used in the same of chance, and/or gaming device, nor shall any licensee have any device that is and/or is used in the following: chuck-a-luck, crackloo, craps, dice, dice and chips used in the game of craps. Equality, "French Pool" or Parish P4utu©l, "ICeeno'~lottery, lotto, pack of cards, pico, punch board, Rondo, shuffle-board, six-wheel, stock table, tables used for playing pool and billards, po}cer chips and poker tables, ten pin alleys, roulette, wheel of change, slot machine, Faro~Grand Raffle, or any device used in or for the game of chance. Nor shall any licensed pawnbro}cer buy, sell. or to}ce for pledge, pawn or security any razor, except safety razor, or any dirk, bowie knife or other knife of like kind or size, or any other knife with any blade over two and one_ha1S inches long, sword cane, slingshot, black- 3ack, brass ]mucks, or Spanish stiletto. ~~ ,- _ _ Section 10. BE IT FURTHER ORDAINED that no pawnbroker shall demand or receive any greater rate of interest or compensation than the lawful rate of interest allowed to be charged for one year under the laws and statutes of the State of Arkansas. Section 11. BE IT FURTHER ORDAIN]'sD, that no pawnbroker shall keep open his place of busineas before 8 o-clock A.M. or after 8 o-clock P.M., provided that on Saturday of each week it shall be lawful for pawnbroker to.keep open until 11 o-clock P.M. Pawnbrokers shall keep their places of business closed all day Sunday through the entire year, and on all election days. Section 12. BE IT FURTHER ORDAINED, that the pawnbroker shall .retain in his possess- ion every pledge or pawn fifty (ZO) days after maturity of said loan. If the pledgor shall fail or neglect for fifty (50) days after maturity of said loan to redeem said pawned property, the pawnbroker may, at any time thereafter, mail a notice to said pledge owner at the residenoe designated by him on the stub of the book required to be kept by Section Three (3) of this Ordinance, which notice shall give the number of the pawn ticket and a description of the property pledged and in addition, shall notify said pledgor that saki property must be redeemed within ten days of said notice and specify the date and upon his failure to redeem within said time said pledged property will be forfeited to the pawnbroker and the right of the pledgor thereafter to redeem divested. Said notice shall be in form substantially, as follows: West Memphis, Arkansas To Name No. Street City State you are hereby notified to redeem your pledged property on or before ten days from date, to-wit (give date) or the same will be forfeited to the pawn- broker der yotu^ agreement; and your right to redeem your pledged property will there- after be divested. Your pawn ticket is No. The property pledged by you as security is described as follows: -~ neral description of property Fawn roker '~ No. Street That upon the date of mailing a notice, it shall also be the duty of the pawnbroker to publish a notice in a newspaper published in the City of Weat Memphis, Arkansas, in substance, as follows: WEST MEMPHIS, ARKANSAS (Date) To Pledgors and Pawnors: 19 You and each of you are hereby notified that the owners of pawn ticket number to inclusive, must redeem the pledges represented by your perm ticket on or before „_ ~, 19r, or your right to redeem will be forfeited. Pawnbroker But if, notwithstanding said notice, the person obtaining the loan shall fail to redeem said pawn and pledged property wj_thin ten days designated in said notice, the pledgor shall thereby forfeit all right and title and interest of, in and to such pawned and pledged property, to the pawnbroker, who shall hhe.reby acquire an absolute title to the same, and the debt become satisfied, and the pawnbroker shall have authority to sell or dispose of said unredeemed pledges as hereinafter Xmovicled. Section 13. BE IT FURTFiEIi. ORD/1INE7), that Section Twelve of this Ordinance shall be printed in full on back of the pawn ticket required to be given to the pledgor. Section IJ.~. BE IT I'URTHER ORDAINED, that if any pledgor, upon redeeming his or her property, finds that said property has been damaged and rendered less valuable, the amount of damage done to said property shall be deducted from the amount to the pawnbroker and if the damage done to said property is greater than that due said pawnbroker, then, in that event, the pawnbroker shall re-imbcirse the owner for the damage done to such property. tJ -~ ~~ Section 15. BE IT FURTIIL:R ORDA]NED, that no pawnbroker, loanbroker or keeper of a loan office shah., in the conduct of said business, under any pretense whatever, purchase or buy any personal property whatsoever. Section 16. BL IT F'URTfi1;R ORDAINED, that every pawnbroker sha]_l, at the time of each loan, deliver to the person patatti.ng or pledging any goods, articles or things, a memox•andutn or note signed. by him, containing the substance of the entry required to be made by him in said record book, and an estimated value of the goods, articles or things pledged, and no charge shall be made or received by any pawnbroker for any such entry, memorandum or note. Section 17. BE IT FURTFU3R ORDAINED, that no person licensed as aforesaid shall carry on any other business ox• vocation, directly or indirectly, in the same building, or in any building, ad~oini.ng the place or building in which he may be licensed to carry on the business of pairnbrolcer, loan broker, or keeper of a loan office. No person licensed as aforesaid shal]. permit any other business of any character whatsoever to be conducted in the same building where the business of the licensee hereunder is conducted. Provided, that nothing in this ordinance shall. be taken to prec]_ude a pawnbrol:or :from selling or disposing of unredeemed and repossessed pledges from his place of business. Section 18. BE IT FURTHER ORDAINED, that in addition to said record heretofore provided for every pawnbroker at the time he or she receives any artir,].e fmr pawn shall provide upon a card tixree inches by five inches in size, which card shall be provided by the licensee upon said card the description to be given such clescri.pti.on as may be called for by said blank card form. A separate card shall be provided and used for every such article received in pawn in his o:an hanciwri_ting, his name and address and such person shall also reproduce thereon his right thumb print at the place indicated therefor on the back of such card. In the event the right thumb is ar~utated, then such other finger print as required by the pawnbroker shall be taken and such finger print fully described and designated upon the card. Such thumb print shall be reproducted and taken in the usual approved manner and shall not be blurred or obliterated. The pawnbroker shall then fill in a description of the party in accordance with the information requested and required on the back side o.f such blank form card as hereinafter provided. The cards hereinafter provided for sha7.1 be five (5) separate types; one type for watches only, which card shall be blue in color; ono type for jewelry and diamonds only, which card sly.]. be yellow in color; one type for revolvers, shotguns and rifles, which card shall be green in color; one type for clothing, which card shall be pink in color; and one type for adding machines, cash registers, check protectors, typewx•iters, dictaphones, bicycles, sinks, bathtubs. toi7_et stools, washbowls, faucets, and all other plumbixxg fixtures, chandeliers, fluorescent lights, and all other electrical fixtures, musica]_ instruments and. all other second hand articles not hereinabove numerated, and which shall be denominated miscellaneous articles, which card shall be white in color; the pawnbroker shall fill in the proper type of card for each article pawned. Each pawnbroker so licensed shall deliver to the Chief of Police or his designee, every- day before the hour of Twelve o~clock Noon, all such cards describing the goods, articles or things pawned and containing the description, signature and right thumb print of the person pawn- ing the same. Said reports shall be delivered to the office of the Chief of Police or designee. The front side of the cards shall be in the following form and contain the following printed matter thereon: it-IE FRUNT SIDE OF THE TY~f: C1F ~'+1IIYE CARD TG7 BE PT(i79TUEU rirvt~ varv FUR f~tt ulneR tYPE$ OF P.1FPCI-IAt~i)ISE r~t"f~ AP.TICLES OUTLINED nLiUVE SHALL [.3E IN TFiE FULlCAV:~1'~ fURM .~ 'EGM~1T /~ I N THE F U L h..]'', ` I t•J<1 PRINTED MATTER TFiEREONi "'~a~F~.'..^h'~'j',!! a~enc~.s AP f!rl[ KftP1Ai H!} - --._ .- q...NSPo'9 PI A>r1.S f.;]l. e')¢ry, 6"N6.[, :i 1''a1 iN M 4.PNIU P~a!h P~i'i IMK!9 P~RP('PIP'Tpt~r+ 7 I PU?~"H AId, IR R'nQl<_Af, ~ AM(JU 1l, L~TFN{CI !r•b(-_~1'/SA} ~ [r ±.CR ~..i A ~ I ~j _..-... .. ..- ~ D Id. I IG ~' urc+.v!c'=ro AAy` ~ptported 483.1 Vit f f!"t+'.[r !(i) - t)ar~1~i7Pt"'"T" _ ~~{~ 1P j 1 1 _ TME. 13/1(: Y. SIC,E t~f"'i"~~r;•`TYP[:h UF-C/'.{?[.~5-RECaUII<EU tiY TIfIS_URi~rlhy',IJC:E Tc) 13E Pt;UVIDED A~~~ USEU ABUVE 5HF~l.L iiE. IfJ TIIE FC)LL~~~~INC FURf31 t11JD h(.)hJTF',IN TIJF.. 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':411'TER 1a~t;it~t..ah11 ff?FP Cl_CJTi'11 N17 ONLY ARYICL.! Cps-VM _ _.._ ._._... YAK [R• NAME M4i'[FIA1. _ ___.. _- __. _. I •~ITI AI, 6. ftiANF AI•f :`. t t.LhN LII[ IM A_RK _... _ _- ._ MILT. __.._- -V RC kA[[ PR i;'[ Awi'~VMT IO.Y rt[f.> R[Cl~v[tT I..._, [~n T[ t9 P M I M M ...____._. fJC PI ZR'9 hf Afu[ -. _ __.. _..._ _._.._.. I~OC.RT~pN _.__ _ _. ___. DlPI[P [ Ti(:R[T NO OAi6 R9TORT [P _ 1• ~~ e~ ,. -~, Section l9. BE IT FURTHER ORDAINED that the privilege tac per annum for the operation of a business or occupation of pawnbroker in the City of West P4emphis, Arkansas, shall. be Five Hundred and No/100 Dollars {~~500.00) per anmm~, which privilege license shall be paid to the City Clerk. Section 20. BE IT FURTPIGR ORDAINE-, that every person, firm, partnership or corpora- tion, their agents or employees who shall violate any of the provisions of this Ordinance, shalt on conviction thereof, be deemed guilty of a misdeameanor and shall he fined in a stun not less than Twenty Five and No/].00 Dollars (#;25.00) nor more than One Hundred and PJo/100 Dollars (~100.U0), and. each days violation shall constitute a separate offense. Upon any such conviction, the license of said par~mbrelcer or pawnbrokers shall be revolted. Section 21. BE IT FURT}}ER ORDAIPI.ED, that if any clause, sentence, paragraph, section, or any part of this Ordinance sha.l_1 be held or declared to be unconstitutional and void, it shall not affect the remaining part of parts of this Ordinance, it being hereby declared to be the intent to have passed the remainder of. this Ordinance, notwithstanding the part so held to be invalid, if any. This Ordinance shall take effect from and after its passage the public welfare requiring it. An ordinance amending Ordinance No. 9S, Section 3 :aas read the second time by Alderman Towers, who moved the second reading be approved. The motion was duly seconded by Alderman Finley, and upon vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, 1~lanchester, Towers, and Ray. Nay: None. An ordinance entitled "An Ordinance Amending Ordinance 100, Section 3, Passed and Approved January 24, 19115" was introduced and read in full by Alderman Manchester, who moved the first reading be approved. The motion was seconded by Alderman Ray, and upon vote, the Aldermen voted: Aye: Bledsoe, Eden. Finley, Foster, Manchester, Towers, and Ray. Nay: Plone. City Attorney Atlee Harris informed the Council he had prepared an ordinance similar to Ordinance No. 175 for privilege license or privilege tax. After discussion, Alderman Bledsoe introduced an ordinance entitled "An Ordinance To Levy An Annual Occupation Tax Upon A11. Persons, Firms, Partnerships, Associations And Corporations Engaged In Carrying On Or Following Certain Trades, Businesses, Professions, Vocations And/Or Callings Within The Corporate Limits Of The City of West P}emphi.s And To Provide The Time For Payment Of Such Occupational. And/Or Privilege Taxes And To Provide Penalties For P1on-Payment Thereof," which was road in full by Alderman P}anchester, Alderman Ray 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 Towers, and on roll call the following voted: Aye: Bledsoe, Eden, Finley, Foster. }Zanchester. Towers, and Ray. Nay: P}one . The }Mayor declared that more than two-thirds of the members composing the Council had voted irr favor of the motion to suspend the rule and that it was carried. Alderman Eden then moved that the ordinance as read be adopted. lfiis motion was duly seconded by Alderman Foster, and on roll call the following voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Play: None. The Mayor declared that the ordinance had been Adopted, and then called attention +,o the fact that Section 1.1, the emergency section, must be adopted upon a separate roll cal]_ in order to be effective. Alderman Finley then read Sectionll again. Alderman Bledsoe moved that Section 17. be adopted, This motion was duly seconded by Alderman N.anchester, and on roll call the following voted: Aye: Bledsoe, Eden, Finley, Foster, Panchester, Towers. and Ray. flay: None . The Player then declared that the ordinance and the emergency section had been duly passed., and thereupon he signed the ordinance in optin Council.. meeting. his signature was attested by the City Cler. k under the seal of the City, and the ordi.naa~ce became effective invnedi.ai;ely. ~~_~ ORDINANCE N0. 299 AN ORDTNANCE TO LEVY AN ANNUAL OCCUPATION TAX UPON ALL PERSONS, FIRMS, PARTNERSHIPS, ASSOCIt1TICNS AND CORFORATICR~IS ENGAGED 1N CARRYING ON OR FOLLOWING CERTAIN 'GRADES, BUSINESSES, PROFESSIONS, VOCATIONS ANll/Oft CALLINGS WITHIN TIC CORPORATE LIt4IT8 OF THE CITY OF FTEST MEMPHIS AND TO PROVIDE THE TIME FOR PAYPIQIT OF SUCH OCCUPATIONAL AND/OR FRNII,EGE TAXES AND TO FROVIllE FENAI~T~S FOR NON-PAYMF,NT THEREOF. BE IT ORDAINED by the City Council of the City of Wost Pfemphis, Ar}cansas: SECTIOfd 1. That an annual license fee be, and the same is, hereby levied and assessed upon every person, partnership, association, firm or corporation engaged in carrying on or following within the corporate limits o:P the City of West Memphis, Arkansas, each of the following trades, businesses, professions, vocations, and/or callings an amount set opposite the trade, business, profession, vocation, and/or calling herein mentioned, which aamual license fee shall be in addition to any other license or tax levied by any other Ordinance of the City of West P'}emphis, and said license fee shall be due on and payable January 1st of each year by all persons, partnerships, firms and/or corporations then engaged in any business for which a privilege license is charged, arx} said license fee shall become delinquent on February 1st thereafter. Any person, partnership, assocation, firm and/or corporation engaging in any business for which a privi]ege license is payable under his Ordinance subsequent to January let of any year shall immediately apply for and pay the license fee provided for in this Ordinance, and if not paid within thirty (30) days after such person, partner- ship, association, firm and/or corporation begins such business, shall be delinquent and subject to the penalties herein provided. The trades, businesses, professions, vocations anti/or ca]..lings for which license fees shall be payable are as follows: Forttuie Tellers, Palmists or any other like ]rind of business y~1200.00 Animal Shows ''~ 200.00 Circus ~ 250.00 Dog and Fony Shows .~ 200.00 Plight Club ~ 2$0.00 Fony Track p 75.00 Amusement: Fax•}: ;,~ 75.00 Accountant q~ 25.00 Certified Public Accountant ~ 25..00 Veterinarian J~ 25.00 Professional Bondsman ~ 200.00 Collection Agency :~ 100.00 SECTION 2, Where two or more businesses each of which require the payment of a separate 1i.cense shall be carried on by any person, firm or corporation upon the same premises, the license shall be an amount equal to the highest License provided for carrying on of any such business separately, plus, one-half the license fee provided for carrying on each of the other businesses separately. All licenses provided herein shall be for the calendar year beginrv_ng January 1st, provided that said license is issued prior to June 30th. If such business, trade, profession, vocation and/or calling should be begun after June 30th and prior to September 30th, the charge shall be one-half (2} of that for the ca]_enclar year. If such business, trade, profession, vocation and/or calling should be begun after September 30th the charge shall be one-fourth (-.') of that for the calendar year. All licenses issued under the provisions of this Ordinance shall expire at midnight on December 31st of t}ie year for which said licenses may be issued. SECTIOPd 3. The license fees or occupation taxes herein provided for shall be due and payable on January first of each year, or within 10 days after any business, trade, profession, vocation or calling subject to license, and shall expire on December the 31st following; said licenses shall be payable to the City Clerk who shall issue his receipts in duplicate, one of which shall be delivered to the licensee and the dup]icate shall be retained by the City Clerk. The City Clerk shall mako month]_y settlements with the Treasurer and pay to him a7.7_ license fees collected. SECTION la. Any person, partnership, association. firm and/or corporation desiring to engage in any of. the foregoing businesses, trades, vocations and/or calling shall make application to the City Cleric for such license on forms prescribed by said City and shall. be subject to approval by said City. SECTIOPI 5. The license provided for heroin shall not be transferable from any person, persons, firm, association and/or corporation to another person, persons, firm, assocati.on anri/or corporation. SECTION 6. The license fee andjor tax provided for in this Ordinance, when paid for any period provided herein, shall not be returnable isi case the licensee for any reason surrenders or discontinues his said business, and any sum so paid sha7.1 not be returnable to any person, persons, firm, corporation or association. SECTIOrI 7, The City Clerk may upon written application therefor, and with the approval of the PIayor endorsed thereon, extend the time for the payment of any license £or any period, not exceeding thirty days, but on7.y one extension of time sha7.1 be granted. SECTION 8, All Ordinances or parts of Ordinances in conflict heretaith are hereby repealed and/or aanended as herein set forth. SECTION 9. It is hereby declared to be the intention of the City Council that each word, phrase, sentence, paragraph, section or sub-section shall. be a separate provision of this Ordinance, and in the event that any word, phrase, sentence, paragraph, section or sub-section of this Ordinance shall be declared unlawful, or invalid, such declaration shall not affect the remaining portions of this Ordinance and all other provisions hereof shal]_ remain in fu7.1 force and effect. SECTI(R1 10. Any person, firm, association, pax•tnershi.p, or corporation, who sha1J_ engage in, carry on, or follow any of the trades, businesses, profession, vocations or ca7.l.ings specified herein within the corporate limits of the City of West Plemphis, without having first paid the license fee or occupation tax as herein prescribed, shall be deemed guilty of a violation of this Ordinance, and upon conviction thereof, shall be fined any sum not exceeding double the license fee provided for the trade, busi.ress and/or calling. SECTION 11. It is found and determined to be a fact that the provisions contained in this Ordinance are immediate7.y necessary in order that said City of West Plemphis shall have an adequate licensing and/or occupation tax, an emergency is Hereby declared to exist, and this Ordinance shall. be in fu)_l force and effect after Plarch 1.5, 1955. The fol].orring Petition was presented.: P E T I T I O N TO CITY COUNCIL, CI'T'Y OF WF~ST r~fErIFHIS, AR}C~ISAS Comes now. Avondale Gardens, Inc., by its attorneys, Nance & Nance, and states: That it would show to the City Council that the petitioner and the City of West Pler:~phis entered into an agreement on Plarch 12, 1953, wherein Avondale Gardens, Inc. would furnish a bond in the penal sum of ~l~8,039.59 in order to assure the City of West Plemphis the reimburse- ment of its costs in providing pub7_ic water system and electrical distribution system for Avondale Gardens Subdivision to the City of West Memphis. 77tat said agreement provides that the bond. sha].7. be adjusted annually upon a basis of ~h.00 for every X1.00 of revenue collected, and that when such revenue amounts to the penal sum of said bond, the City of West Plemphis agrees to cancel said bond. Petitioner would respectfully show that as of Plarch 9, 1955, the electrical revenue from said Subdivision amounted to a total of ;593.03, That the water revenue from said Subdivision amounted to y;255.1]. making a total revenue o£ pB46.7.L~. That according to the agreement entered into between the City of West Plemphis and Avondale Gardens, Inc. the bond furnished by Avondale Gardens, Inc. should be reduced by the surn of ~a33S2.5~• WHER1sFORE~ petitioner respectfully asks that the City allow petitioner to reduce its bond by the sum of X3352.56. Aver}DALE r,ARnc}•}s, zrrc. BY /S/ CECIL B, raANCE, aR. PETITIOPTT,R After discussion, motion tras made by Alderman Ray and seconded by Alderman Fin].e~y• That the City Attorney be authorized to negotiate a new corporate bond in the amount of ;vl.1lG,647.03 with Attorneys PJsnce & P1•tnce in behalf of Fetitioner, Avond.a7_e Gardens, Inc. L}pon vote, the Aldermen voted: Aye; Bledsoe, Eden, Finley, Foster, Planchester, I'ozrers, and Ray. Nay: None. 5 _~_' Estimate ido. 1 from Goe Electric Company for West I'femphis Fire Station /~1 was presented, said estimate having been approved by Charles 5, Peete, Architect, Motion Baas made by Alderman Finley and seconded by Alderman Ray: That Estimate No, 1 from Goe Electric Company be paid in the amount of 3591.51, and the Mayor and City Clerk be authorized to issue check in said amount from the City Property Construction Fund, Upon vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Nay: None. Statement of A, E, Heagler, Consulting Engineer for services rendered in survey design, plans and specifications, and estimates of cost for Seventh Street Main Sanitary Sewer in the amount of ,2,227,08 was presented. After discussion, motion was made by Alderman Fowers and seconded by Alderman I'fanchester: That statement of A, E, Iieagler be approved, and. the Mayor and City Clerk be authorized to isaue checY. 9.n the amount of .fi2,2?_7.08 from the Public Utility Bond Construction Account. Upon vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, I~'Ianchester, Powers, and Ray. Nay: IJone , Estimate No. 1 from I. 1'I, IIanna Plumbing Company for plumbing work at Fire Station No. 1 was presented in the amount of ;1990.00; said estimate having boon approved by Charles S, Feete, Architect. Thereupon, motion was made by Alderman Foster and seconded by Alderman Finley: That estimate of I, A4. Iianna Plwnbing Company be approved, and check be issued in the amount of 3$990.00 from the City Property Construction Fund. Upon vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Powers, and Ray. Iday: None , Construction Estimate No, 5 for Water System Improvement from Frank H. Lee Company in the amount of X7,699.21, approved by Allen & Iioshall, i~ras presented. Motion was made by Alderman Bledsoe and seconded by Alderman I"ianchester: That the Estimate be approved and check in the amount of $7,699.21 be issued to Frank H. Lee Company from the Public Utility Bond Construction Fund. Upon vote, the Aldermen voted: Aye: Bledsoe, Eden_ Finley, Foster, I4anchester, Fowers, and Ray. Nay: IlTone . The following report was submitted by Inspector B, E, Busby: P4arch 1, 1955 to March 15. 1955 Application Denied_____________ITone Applications Approved. and Formats Issued as Follows: Sid Reynolds Realty Sales ?~c Development Junes Johnson A, W, Fowler Alex Johnson Letris Cratewo od I4. W. Kennedy Idic-Plac Grocery Herman Spears L'7. L. Barbour Advance Construction Company - 5 Units Willie Hood Robinson Co. - 100 Units Iiotion was made, passed, and adopted to approve report as submitted. Alderman Finley brought to the Councils attention the unsightly appearance and hazards created at "Ernest~s" Furnitux•e Store at 1601 E, Broadway. Fire Chief Anderson was requested to notify the owner in writing to remedy the situation, and if the matter is not taken care of to advise the City Attorney, Complaint :aas made as to construction of a building at 13th and Broadway by A. R, Fowler. After discussion City Building Inspector Busby t~ras instructed to have the building construction brought up 'to city requirements and ordinances. J _~ The following accounts pas*abl.e l,rere presented: STREET 11'iFROVETI;T1T FUND Ba].1 Truc}deg Company Garrison Ready TTi:c Concrete Company Lehman Roberts Company PUBLIC 1JTILITY BOI1D COTISTRUC'PT(R1 FUDID Choctatr, Inr,. GPNERAI. FUND Arkansas State Firemen's Association Al.derdice Coal Co. Ark. Faint and Gass Co. American La France Foami.t•e Ar}:. State Highway Com Choctaw, Inc. The Curtain Shop Carlton ~dholesale Radio, Inc. Cr9_ttenden County Tirnes Dacus T~tunber Co. Bob Duncan Esso Standard Oi]_ Eden Pontiac Co. Farmers Supply Company iIarvey i,>hite lih•ay ?~Jilliams Blue Fri.nt Co. 'Lep Plfg. Ce. GETdIlRAL FUPID GOPJTIIJULD ~,a350.O0 Hanna Plumbing Co • ,r 30.78 102.00 Atlee Iisrris 9,36 216,01 Hamilton Clinic 17.00 Holland TIotor & Tmplemerrt 3,59 Atlee Harris 10.00 Henry A, Johnson 76.39 ~~~~t1Et9.82 Johnson Auto Co, 76.6t~ Ben Klinke Iiotor Co. 12.05 I~icClanahan Coal. Co. 7,80 IlcCaa Chevrolet Co. 3.68 ;i~ 25.U0 llx•. L. F'. PicKeowen 3.00 u.25 Ilemphis Photo Supply 449.75 65.28 T~ieriwether Apothecary 11.18 53.00 May, Graves, McCaa Tire Co. 80.61 ~.4G Tlid South Oxygen Co. 1.86 2!42.66 Mills Dlorris Co. 101.11 220.00 C~zbur•n Abston Co. 1.114.27 4x•70 W. L. Smith,. Jr. 2.50 ^06.23 J. A. Riggs Tractor Co. 12.30 6.12 Itay~s Electric Co. 405•e5 305.79 Summer Fire Prevention 1,50 5y0.92 Spald;_ng Tire Co. 2.85 5!t•29 Tayloe Paper Co, 8,06 8. ~'fl C. J. Upton Co. 37L4.49 28.65 NJ, Ii, Machine Rr. G~Jel.ding Shop ]_e~.12 ~~.?1 :Jal]_in, Dic'cey & Rich 2.91 24.38 blest I'Iemphis Toggery 120.52 ''lard Publishing Co, rS.00 After discussion. motion eras made by Alder;aari Ray and. seconded by Alderman Powers; that the accounts payable be approved. Upon vote, the Alder. men voted: Aye: Bledsoe, Eden, Finley, Foster, Manchester, Fo:aers, and Ray. Play: None. The providing of outside City Fire Service in accor•clance with Ordinance T}o. 221 z-ras discussed. Thereupon, motion taas made by Alderman Ray and. seconded by Alderman I'inl.ey: That the City Attorney and Fire Chief take action to amend. Ordinance No. 221 to prohibit the taking of fire equipment out of the City Limits. Upon vote. the Aldermen voted: Aye: Bledsoe, Eden, Fi.n1"ey, Foster, Planchest-er, Powers, and Ray. Nay: None. The personnel of the Fire Department was considered, and the increasing of the number of regular and volunteer members. Iiayor Price appointed a Screening Board consisting o.f Aldermen R. H. Ray, Bob Eden, and Arthur Manchester to worl: tai_th Chief Elmo Anderson in interviewing and screening applicants for volunteer members of the Fire Dep<~xrtment and the transfer of volunteer members to full time members of the Fire Department . Alderman Ray brought to the Councils attention the absence of street markers on a number of streets in the City. After di.scnssion, Playor rr^rice requested City Eng9.neer James M. I"iowell to make a survey o:£ the city street markers and obtain the cost to proper]_y mar':- ala streets. T3otion Baas made by A1_cierman Bledsoe and seconded by Alderman Ray to adjourn the meeting until 7:00 P.P~I. March 31st to receive bids from Insurance Conpanies or Agents and bids for the two swimming poo]s. Upon vote, the Aldermen voted: Aye: Bledsoe, Eden, Finley, 1''oster, Manchester. Powers, and Ray. Iday: None. ~ ' ~ ~~~ i I g r.': AT'PEST: `~~ ~; ..~'~-.z ~:f'd2t.-u CI'TY CTiI:RK APPROVED: AFRTL 5, 1955