HomeMy WebLinkAbout01/11/50 January 11, 1950
Regular meeting of the City Council of the City of Bremerton, Washington
was held Wednesday, January ll, 1950 at ten o'clock A.M. in the Mayor's Office
City Hall, Bremerton~ Mayor~K~an presiding and Commissioner Haddon; Commis-
sioner Wheaton, City Clerk McGowan, City Treasurer Nutter, City Attor~e~ Wal-
lace anm Water Superintendent Casad being present.
Motion by Mr. Kean and Mr. ~heaton to approve minutes of J~nuary 4, 1950
as written carried.
Clerk stated it was date and time for opening of bids for printing~and'
that four bids had been received.
On motion by Mr. Kean and Mrs. Haddon bids were opened and read as follows:
Kitsap County News; Fletcher and Company, Bremerton Printing Company, Brem-
erton Sun. Clerk stated bids were to be awarded item by item and there were too
many items to read all'of the figures.
Motion by Mr. Kean and Mr. ~heaton to~efer the bids to the City Clerk and
Purchasing Agent for study anm recommendation carried.
dlerk read changes in pay status as follows: Irene Dick, from $225.00 ~er
month to $250.00 per month and Clarence Fleming~ $175.00 per month to $200.00
per month, Clerk's Office. Evelyn Bowen, Librarian, from $300.00 per month to
~310.00 per month; Leroy Matthews, Park and Recreation, from $1.10 to $1.30 per
hour; Oran Hoffman, Street Department, from $~88.00 per ~onth to $1.46 plus .20
per hour differential. Elsie I. Pry, from $1.00 per hour to $185.00 per month,
Water Department and Francis Chase, Park ahd'He~r~ation~of~om~Part-TSme'Attend-
ant to Extra'Labor at $1.25, same rate of pay.
Clerk read notice of employment for Margaret E. Milner, Library, .75 per
hour.
Motion by Mr. Kean and Mrs. Haddon to approve the changes in pay status,
change in status and notice of employment as read carried.
Letter read by Clerk from Fred T. Walker, Superintendent of Health and
Sanitation, to Mrs. Lulu D. Haddon, dated January ll, 1950, stating that last
Saturday the party who stores logs at the City Dump was moving his logs and
inadvertantly moved the garbage dump loE boom out into the bay a distance of
approximately 40 feet and shoul~ be required to res~re the boom logs in order
to avert loss in the normal operation of the dump.
Motion by Mr. Kean and Mr. Wheaton to note contents andr efer the matter
back to the Superintendent of Sanitation, Fred Walker, carried;
Clerk stated he hasn't been too well satisfied with the statement 6f per-
sonal expenses when on City business and City Auditor Vaa has drawn up a pro-
posed form incorporating some of the suggestions made by the last State Examiner
who was here,
Mr. Vaa recommended this form be adopted and the Clerk stated he fSlt the
prop~se~ form was very complete.'
Motion by Mr. Kean and Mr. Wheaton to adopt the form carried.
Clerk stated he had a note from the City Auditor asking for information on
the new Fifiancial Responsibility Act, effective February 1st. Employees are
being pressed by agents to purchase insurance ~nd Mr. Vaa has suggested that the
City Attorney advise how mu6h coverage City Comprehensive Liability gives employ-
ees while 8riving.
Mr. Wallace agreed to look this matter up.
Cl~rk suggested that a letter should be written to the Housing Authority re-
questing payment in lieu of taxes on March I5, 1950, instead of waiting until
April 3Oth. He said he ha~ been advised by Mr. Searle that their budget has been
passed and money is available.
Motion by Mr. Kean and Mrs. Haddon to request the City Clerk and Purchasing
Agent and the City Auditor to prepare such a letter and present it to t~e Hous-
ing Authority requesting payment ~r 1948, 1949 and 1950 as far as practicable,
carried.
For the information of the Council, Clerk repsrted he had received Certifi-
cate of Insurance for Hoagland-Findlay Engineering Company, renewing their pre-
sent blanket liability policy which expired 0ecember ~, 19~9.
Clerk read a letter dated January 4, 1950, from Malaspina & Napoli Comply
addressed to the City Council, with reference to Sewer Contract on Project l,
Units C and D, stating they are now eligible to receive their retained percent-
age and attached two signed general claim vouchers. The amounts due are $10,
V53.81 for items not subject to sales tax, $23,800.19 for items subject t o s~ es
tax, $?l~.01 for sales tax, or a total amottut of ~35,268.01.
January 11, 1W50 (Con't)
Letter further state~ that Mr. Harold Kaeser, their superintendent, would
contact the City relative to any claims against thejob which may exist. Also
pointed out that their performance bond covering their contract work protects
the City of Bremerton insofar as any justified claims against their work is
concerned.
Mr. Wallace, City Attorney, stated that he did not feel the claims on
Washington Beach were proper claims against the retained percentage, as the re-
tained percentage is only for liens for non-payment by the contractor oI' labor
and other bills. The Contractor is the primary party in any suit and there is
no prooI' yet that the trouble on Washington Beach is the fault of the Contrac-
tor.
Mr. Kaeser, who was present, stated he had talked to Mr. Burwig on Monday
afternoon, went down on the beach and found the trouble and the contractor is
definitely to blame and this will be corrected on Friday evening when the tide
is low. He said he talked to Mrs. Washburn and it has been corrected at her
expense. Maybe it is the fault of the contractor and Mr. Kaeser said he would
personally see that she is satisI'ied.
Mr. Kaeser said he talked ~ Mr. Waggoner and found out his trouble and
it c~ b e corrected and will be on Friday evening at the contractor's expense.
Mr. Kaeser said he believed these three people a re satisi'ied that they will be
taken care of by the contractor. He further said that as far as the suit of
Liston and his associates is concerned, they will be taken care of as a private
matter anm will not concern the City. The suit has b~en called off and will be
properly taken care of.
Clerk stated it was his belief that a final letter was to be written by
James W. Carey & Associates clearing the project and in sdpport of this state-
ment Mr. ~cGowan read a letter dated December 2, 1~49 from James W. Carey &
Associates in which it was stated'that at the end oI' a~mintmum period of 30
days from the date of acceptance they would again review the work and recommend
actioo~ the acceptance date was December ~, 19~9.
The City Attorney stated that all that was necessary was'to have a letter
from Carey recommenming release of the retained percentage and Mr. Kaeser stated
he would get such a letter.
Motion by Mr. Wheaton and Mr. Kean that upon receipt oI' a letter from
Carey reco~enming that the retained percentage be p~id that~it be paid carried.
Clerk explained that the Water Department some time ago pulled pipe out of
the ground in one oi~ the housing projects and ham this pipe re-galvanized.
When the Street Department wants pipe for signs, etc., they but it from the
~ater Department. The price charged by the Water Department is V~ per foot
and th~s pipe cs~ be purchased on the open market I'or about ~0~ per foot.
Mr. Short, Water Accountant, wishes to have the figures adjusted on his
~ooks, otherwise he must charge the higher price. He has stated that he can-
not adjust his books without Council action because of a Statel]Examiner's ad-
vice.
Mr. Wheaton said that this matter was taken care of before and suggested
this b e reI'erred to him for discussing with Mr. Short.
Motion by ~r. Kean and Nfs. Haddon that this matter be referred to Mr.
Wheaton and h8 can tell the accountant how this Should be handlem, carried.
Clerk read Claim Voucher from Hall-Atwater Company, Estimate No. 3,
i!I;16,516.65, approved by Howard I. Gorst, Field Engineer, H.W. Kramer, Wendell
R. Vaa, City Auditor, E.S. Severance, City Engineer.
Motion by Mr. ~q~eaton aud Mr. Kean that this be allowed carried.
Mr. Wheaton reported as a ~atter of interest that Hall-Atwater Company
came into the Engineer's Cfi'ice with a change order amounting to $7,~00.00
over original contract figure. ~r. Wl~eaton and Mr. Severance cut this down
by $2,500.00. The change order was made because of extra expense incurred when
the Kitsap County Sewer Distrlct~No. i could not gi~e the City the p~operty
needed i'or the pumping stations.
Mr. Wallace stated that the s ewer district did not know they didn't have
these sites but on investigation it was determined they did not have what was
needed.
Clerk read Ordinance No. 1863, second reading, vacating an alley adjacent
to Lots 5,6,7 and 8, Block l, Nanette Improvement and Development Company's
First Addition to Decatur.
Motion by Mr. Kean and Mr. Wheaton to pass Ordinance No. 1863 on final
reaming carried as follows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. tWheaton,
Yes,
Clerk stated he hadmade a thorough and conscientious study on bids on tires
and tubes, and motor oils and recommended awarGing the bid on tires and tubes to
R.L. Lursen, Distributon, General ~etroleum Corporation and to the Standard'0il
Company on motor oils.'
Motion by ~r. Kean and ~r. ~eaton to concur in the recommendations carried.
January 11, 1950
City Treasurer Nutter reported that he has received a check from Army
Seijas, who represents two pinball companies, the American and United Amuse-
ment Companies, for the August 1949 percentage. There is approximately $3,500°
still due the City for the months of September, October, November, December,
1949.
Mayor.Kean asked the City Attorney what would happen ii' the pinball mach-
ines were thrown out and the Attorney answered that it would be very diI'ficult
to collect this money.
Mr. Wallace said he had talked with Army Seijas and that his companies
would not try to collect back from the City the money paid in 1949 for license
fees. Attorney outlined to the Council Army Sei jas~ suggestion that they
would want to go on the five-ball machines and pay $5.00 per machine under
some present ordinance cove~ing amusement devices. The Attorney said that
the City has his word that these two Dinball companies would pay the City
everything they owe. Nr. SeiJas said the companies were in financial diffi-
culty and income had not been sufficient.
Mayor Kean stated he had asked the City Treasurer to write a letter some-
time ago when he found out this money was delinquent an~ that no one has the
right to grant a waiver.
Mr. Nutter stated he had been after them every month since they have been
delinquent.
The City Attorney said he had gone over the contract from the District
Public Works Officer on the sewerage service~contract for the Navay Shipyard
and base and that he thought some of the terms should be changed. He stated
that he objected to the same things that the Mayor has objected toe
Mayor Kean said that the City Engineer and Mr. Riddell were going over
some of these things and when they are finished,the City should be ready to
act. Nayo~ asked the City Attorney to attend a meeting on this contract.
City Attorney stated it was brought to his attention that there is ~n
error in the unit prices in Hall-Atwater Contract. The over-all figures are
correct, however. This does not~o any damage but the Attorney felt there
should be a resolution in which the error was noted and a correction made. City Attorney then read Resolution No. 724 as follows:
W~REAS, heretofore the City of Bremert0n and Hall-Atwater Compauy entered
into a contract for the erection, construction and completion of the West Brem-
erton Treatment Plant and pump Stations and carried out their bid on unit p~ ces
for certain, of the materials and
WHEREAS in the ex~cuted contract by inadvertence and error the ~ntract-
or under Unit G of said contract omitted the correct price for item No. 8 and
moved up in the tabulation column prices for items 8, 7 ~d 9 and the contract
as written per unit prices is in error, and
WHEREAS, in order to prevent further error or misunderstanding in connect-
ion with the executed contract, now, therefore, BE IT RESOLVED:~
1. That Unit G of said contract with Hall-Atwater Company and the ~tems
thereunder be deemed to be corrected to the following:
8. Concrete per cu. yd.
8. ReinI'orcing Steel per pound .ll
V. Concrete Forsm per sq.ft, surface .75
8. l~" Concrete Sew. Pipe per lin. ft. 8.00
9. 24" Concrete Sew. Pipe per lin. ft. 9.00
2. That a copy of this resolution be forwarded to the Hall-Atwater Com-
pany and to the surety on the contractor's performance bond.
Notion by ~r. Kean and Mr. Wheaton to pass Resolution No. ?24 carried as
follows: Nr. Kean, Yes. ~rs. Haddon, Yes. Nr. Wheaton, Yes.
The City Attorney stated he ham a letter from the United Pacific ~nsurance
Company in which they stated in their opinion their is no liability in the claim
for damages received from High E. Williams and~recommen~ed the claim be denied.
~otion by Nr. Kean and Mr. Wheaton to deny the claim and refer to the City
Attorney, carried.
The City Attorney stated he had a letter from the Municipal Judge relative
to the parking meter ordinance, No. 14~9~ Attorney said he recommended the
ordinance be amended by adding Section 108 which ~ a provision the City of
Seattle has and which makes it prima facie evidence that the owner of a car
has parked his car or has given his permission to do so. As it is now, if the
owner of a car comes in and has a parking ticket and claims he~aS not driving
his car, then he can get off.
Notion by ~r. Kean and Mr. Wheaton to concur in the recommendation and re-
fer to the City Attorney to amend the ordinance carried.
~r. Wheaton read a letter ~ated January 10, 1950 addressed to him from
Casad, Superintendent of Water, attaching applications to the State Land Office
for the purchase of 720 acres of school and.state lands, anm the offer of Fish-
er Flouring ~ills Company for the purchase of 40 acres by the City for
January 11, 1950 (Con't)
Letter reco~nended that steps be taken to secure this property. The next
State sale will be in April and the application should be made soon. Some of
the property is not in the Union River and Gold Creek watershed, but the State
Forestry Department expressed a willingness to cooperate with the City by ex-
changing property with us. A fire closure will Bo into effect late this spring
and the City should taXe steps to make the closure permanent by fall.
Discussion followed re,ading the letter relative to whether or not direct
purchase could be negotiated in order to avoid competitive bidding.
Mr. Nutter explained that in previous purchases he has announced at the
bidding that the City needed the land for health and City purposes and he has
never experienced any competition.
Mr. Wheaton mentioned that the City could realize about $30,000.00 from
one section of the watershed on the sale of timber. This would pay for fenc-
ing and other expenses.
Motion by Mr. Wheaton and Mr. Kean to ~irect the.City,Clerk and Purchasing
Agent to proceedwith the acquisition of the property cited in the letter, car-
ried.
Mr. Casad stated he had received an invitation from the Health Department
for him and Mr. Jarstam to attend a Waterworks school at the University ,of
Washington in Seattle on February 2d and 3d, 1950, and for both of them to
participate in the sessions. Mr. Casad said he would like to ta~e four employ-
ees with him besides Mr. Jarstad.
Motion by Mr. Wheaton and Mr. Kean to allow them to go carried.
Mr. Casad reported that he had receivedword today that the Water Depart-
ment can sterilize the main line up to Twin Lakes and within a few days will be
getting water from Union River. The settling tank will be held up until wea-
ther,is more favorable. The setup will be a temporary arrangement.
Mr. Kean stated that Fred Graham was appointed to fill the unexpire8 term
of Harry Sorenson on the Library Board and would like to re-appoint Mr..Graham
for the five-year term expiring January, 1955.
Motion by Mr. Kean and Mr. Wheaton that this appointment be noted in the
records, carried.
Motion by Mr. Kean and Mrs. Haddon that the City Clerk and Purchasing Agent
be authorized to call for bids I'or parking meters carried.
M~yor Kean asked regarding several current matters.
The first was Anderson Cove and Mr. Wallace reported the suit is still
pending.
On the Bluejacket suit, Mr. Wallace said the Attorney, Mr. Purves, is
in Honolulu, so this is pending also.
On the Kitsap Cotuuty Sewer District, Mr. Wallace stated there is nothing
to be mone until there is another meeting between the ~istrict and the city,
anm should now definitely determine how to handle the collection of the extra
dollar in the sewer district. Mr. Wallace said he would be glad to write a
letter requesting a meeting and would,let.the City Officials know when the
meeting is to be held.
0n the gravel~pit suit, Mr. Wallace stated that he understands Mr. Fulmer
has been requested to make appraisal.
Mayor reported on the fire zone matter on the Ma~ette Peninsula and~said
the map has been referred back to the City Engineer and will be brought in
later.
Mayor Kean stated it was reported in the Bremerton Sun that 6he Prosecut-
ing Attorney has said the pinball machines will be thrown out on January 15th.
If these are thrown out, it will necessitate some other source of revenue such
as a business or occupation tax.
Mayor said he was inclined to go along with the City of Seattle. The case
is being referred to the Supreme Court. If the machines are thrown out now the
City will be in poor position to collect the money due the City. Also, the
City should reI'und money on license fees paid in for this license year on the
unused portion. If the City denies the privilege, then it would be stuck with
the refund.
Mr. Wallace stated that Army Seijas has said his two companies will not
ask for a refund and that he had talked with Mr. ~cGill and there won't be any
suit for refund. Mr. ~unro has advised the City cannot make the reI'und and if
they aren't going to sue then should probably leave it with the City and not
worry about this, but should try to collect delinquent payments.
Mayor said he had a copy of a new Seattle ordinance but was not sure it
was the one finally adopted and had asked John Homer, Corporation Counsel,
Seattle, to forward copies of the ordinance as adopted. Mayor said if small
businesses lose the pinball revenue and the City puts on a tax, then they will
be ~laced in more serious position. They will no doubt come in and ask for
January 11, 1980 (Con,t)
other sources of revenue such as dice girls, money boards, etc., which lead to
a lot of other problems. Mayor ~ecommended no action at this time and wait
until the Seattle ordinance is received and see what they are going to do.
Mayor also said he had been informed by Mr. Seijas that if they could
not operate then they would lose the entire business.
A number of visitors were present, from the Chamber of Commerce and small
business owners. Mr. Couse, of the Chamber of Commerce, stated they wanted
to work with the City on its budgetary problems; that they are opposed to any
other form of taxes at any time.
Mayor commented the City is also opposed to,taxes but if essential ser-
vices are abandoned, then the City is in trouble. If anything is done to the
Fire Department, then likely to have insurance rate raise. If Police Depart-
ment is cut and some cars disposed of, it wo~ld be an invitation for crime to
increase.
Mr. Couse stated that possibly other economies can be made in essential
services. If the City can retain the pinball machines as an amusement only,
Er. Couse said, he thought the Chamber Committee would go along with him that
this would be all right.
Further ~iscussion was held along the same basis and Mr. Wallace discussed
the proposed plan to have machines that rould pay license fees and a percentage.
Motion by Mr. Kean and Mrs. Haddon that bills be allowed if approved by a
majority of the Commissioners, carried.
Motion by Mr. Kean and Mr.Wheaton to recess until 1:45 P.M. today, carried.
APPROVED: $i$y Clerk
-- ~ Mayor
January 11, 1950
Recessed meeting of the City Council of the City of Bremerton, Washington
Was held January ll, 1950 in the Mayor's Office, City Hall, Bremerton at 1:45
P.M. Mayor Kean presiding with Commissioner Haddon, Commissioner ~Vheaton, and
City Clerk McGowan being present.
Mayor Kean explained that the copies of the new Seattle Pinball Ordinance
did not come in the day's mail and suggested the meeting be recessed until l0
A.M., Friday, January 13, 1950.
Motion by Mr. Kean and Mr. Wheaton to ~cess until lO:O0 o'clock A.M.
Friday, January 13, 1950 carried.
APP~(O VED: ~'~ ~it~
Mayo r
326
January 13, 1950
Recessed meeting of the City Council of the City of Bremerton was held
Friday, January 13, 1950 at 10:O0 o'clock A.M. in the Council Chambers, City
Hall, Bremerton. Mayor Kean presiding with Commissioner Haddon, Commissioner
Wheaten, City Clerk NcGowan, City Treasurer Nutter and the City Attorney being
present. Also present were a number of interested citizens.
Clerk stated that Mr. Wheaten has requested call for btms for rebuilding
a trailer for hauling heavy equipment.
~otion by Mr. Wheaten and Mr. Kean that the City Clerk and Purchasing Ag-
ent call for bids on rebuilding of this trailer carried.
A number of people were present in the Council Chambers for the purpose
of ~eing heard on pinball machines.
Mayer Kean explained that the 1950 city budget provides for use of revenue
of i~44,000.00 on pinball machines and if this is lost will have to impose some
tax. The Chamber of Commerce has objected to this and so have some small bus-
inesses. Mayor called attention to the fact that ii' the pinball machines are
illegal, then slot machines are probably also illegal and ii' they are thrown
out, then there would be an additional loss of revenue of $~O,000.00; the pin-
ball case is going up before the U.S. Supreme Court.
The Mayor then outlined what some other cities and counties are doing on
the problem. If the pinball machines are illegal, then the Oity cannot tol-
erate them; ii~ they are changed ~ a game of skill, then don't believe they
would be in violation of the law.
The City Attorney stated there were several operators present and their
o~unsels, and recommended they be heard. He called attention to the City
Ordinance on pinballs which provides for revenue in licenses and percentage.
He said he understood the County Prosecutor oI' Kitsap Count~ had advised that
all pay-off pinball machines will be out of business on the 15th of the month.
Mr. Greenwood, Attorney at Law, stated he came at the request of Mr. Mc
Gill. He spoke at length and said he favored retaining the pinball machines
without payoff and make some minor changes to them so they would not be classed
as g~bling devices. Suggested the ordinance could be changed to retain them
as amusement machines and still pay the City some revenue.
The City Attorney read from the new Seattle ordinance and explained that
the pinball players could receive additional oames for payoff and no money
woule change hands. Said he questioned how much revenue would be received if
the machines were changed to just games of skill.
Attorney Army Seijas said he also favored changing the pinball machines
from payoff to amusement machine as Seattle has done, in order to comply with
the Supreme~C~urt's ruling that pinball machines are gambling devices.
City Attorney state~ that he wondered what the operators are going to pay
as license fees and Army Seijas answered that this was hard to answer because
it is not known what will be taken in; however, these licenses are alraady
paid and suggested letting the machines remain on the same licenses and ~r~ent-
age as formerly. Mr. Seijas said he was not going to request refund of licenses.
~r. Smtthers, Crows Nest, stated the revenue from pinballs pays the rent,
and said that after five o'clock in Bremerton business is now dead. Stated if
the machines are taken out, his place would have to close thereby throwing
twelve employees out of jobs. Stated that horse racing is legalized in this
state anm that ii' people couldn't g~able in Bremerton they would go to Seattle.
Asked for consideration of the f~nancial needs of the businessmen in this town.
Tony Sinkunus stated he ha~ about ten men who are teamsters who service
these machines. Annual payroll of about $80,000.00 a year. Including their
families, there are about Z0 or ~$ people involved. Said he favored changing
the pinball machines over to amusement devices.
Reverend Storgaard spoke, stating he represented no business but people,
anm spoke on the moral problems attendant to pinball machines. Said he fav-
ored the elimination of the machines altogether, either as pinball pay-off or
amusement devices.
John Foster, owner and operator oi' Cheerio Tavern, stated he had every-
thing he possessed invested in his business. Has been here hut a short time and
said that his business needed the pinball business to continue to operate.
Stated that pinball machines involve one of the least vicious forms of gambling
and didn't see how anyone was going to ~et anything out of it ii' there is no
payoI'f. Couldn't imagine anyone puttting in money just to see the lighta.
Mr. Anderson, of Andy's Lunch, stated people would be driven into back
rooms to ~amble as they were doing when the country went dry. Favored leaving
the pinball machines in.
Mr. McGill said the businessmen would be surprised to see how well the
business will stand up ii' the machines are changed. Think it is just necessary
~o change over the machines and leave the ordinance as is. Asked for time to
make the necessary change-overs, as have had to send to Chicago for equipment,
and will need possibly another fifteen days.
January 13, 1950 (Con't)
Reverend 0pperman said he favored what ~everend Storgaard had said re-
garding the pinball question and that he favored working out the situation
whereby income could be gained that would not be based on the moral issue of
h~uah lives and character.
Reverend Vincent Cox, Charleston Baptist Church, said that church men
don't always see eye to eye and said he favored leaving the machines in pro-
viding they were changed from pinball payoff to amusement devices. Believed
that the moral problem would ~ solved if there, was no payoff. Called atten-
tion to th8 Fact that ministers must uphold the moral issue.
Mayor Kean stated he thought the City should wait and see what the U.S.
Supreme Court ~ going to do. Pointed out again the revenue loss and another
tax being imposed ~ make up the loss. Also, said he didn't know how the
City could give the operators any additional time to make their change-overs,
if that was the way ~achines were to be operated, and that the machines would
have to close until converted.
Ma~or Kean said he has never been visited by ME. Munro, the County Pro-
secutor, nor anyone else, on this matter, and has only read the papers on this
issue, that the machines are to discontinue being in operation on the 15th of
January. He said he was not sure wha~ the Council can do and whether they are
in a position to take any action.
City Attorney advised that the Council can outlaw the machines entirely
or change the ordinance on automatic payoff.
Motion by Mr. Kean to instruct the City Attorney to amend the ordinance
eliminating the automatic payoff.
Mr. Wheaton asked if the machines can be set to pay a certain percentage
an~ Army Seijas stated he was conI"using the pinball machine with the slot
machine; that the pinball machine is 100% a game of skill. Mr. Wheaton stated
if it is a game o~' chance he was 100% against it.
Motion seconded by Mr. Wheaton carried, all members voting Yes.
Motion by Mr. Kean and Mr. Wheaton to recess until 2:00 o'clock P.M.
Friday, January 13, 1950, carried.
APPROVED: City Clerk
~' Mayor
January 13, 1950
Recessed meeting of the City Council was held in the Council Chs~bers,
City Hall, Bremerton, Washington, Friday, January 13, 1950 at two P.M.
Ms~yor Kean presiding with Connnissioner Haddon, Commissioner Wheaton, City
Clerk McGowan, City Attorney Wallace being present.
City Attorney read Ordinance No. 1864 relating to the licensing and re-
gulating of certain amusement machines and other devices and games for use by
the public, amending Ordinance No. 1784 and declaring am emergency.
Motion by Mr. Kean and Mr. Wheaton to pass Ordinance No. 1864 as read,
carried as i'ollows: Mr. Kean, Yes. Mrs. Haddon, Yes. Mr. Wheaton, Yes.
Mayor asked the City Attorney for explanation of where the matter stands
now and the City Attorney stated that any operation with automatic payoff is
illegal.
Paul Ryan, Assistand Editor of the Bremerton Sun, stated he had contact-
ed the Prosecuting Attorney and he said changing over the machines is all
right with him and that he will give a week's extension oi' his dead-line pro-
viding that he is assured that it is all right with the City. and that it is
not a device to carry on further as a wedge, in which it might be stated by
the pinball operators that change-over parts cannot be obtained and then keep
operating as pay-off.
Mayor Kean stated that regardless of Mr. Munro,s statement the pay-off
machines will have to cease operation until conversion inasmuch as the City
Co~ncil has passed the ordinance which is effective immediately upon passage
and publication.
Motion by Mrs. Hamdon and Mr.~' Kean ~o adjourn carried.
APPi~0 VED: Cit~y Clerk
Mayor