670ti*
ORDINANCE NO . 670
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF X265,000.00
OF INDUSTRIAL REVENUE BONDS UNDER AUTHORITY OF ACT N0.
9 OF 1960 FOR THE PURPOSE OF SECURING AND DEVELOPING
INDUSTRY WITHIN OR NEAR THE CITY OF WEST D4EMPHIS,
ARKANSAS; AUTIiORIZING THE EXECUTION AND DELIVERY OF
A TRUST INDENTURE SECURING THE SAID BONDS; AUTHOR-
IZING AND PRESCRIBING OTHER MATTERS PERTAINING TO
SAID INDUSTRIAL DEVELOPb1ENT, ITS CONSTRUCTION, AND
ITS FINANCING; AND DECLARING AN EMERGENCY
WHEREAS, the City is authorized by Act No. 9 of the First
Extraordinary Session of the Sixty-Second General Assembly of the
State of Arkansas, approved January 21, 1960, as amended (herein-
after sometimes referred to as "Act No. 9"), to acquire lands and
to acquire, construct and equip manufacturing buildings, improve-
ments and facilities thereon for the conduct of manufacturing oper-
ations and to lease the same for the purpose of securing and de-
veloping industry within or near the City and to issue revenue
bonds in connection therewith; and
WHEREAS, the City is authorized by Act No. 9 to issue
Industrial Development Revenue Bonds payable from revenues derived
from the industrial project so acquired or constructed and secured
by a lien thereon; and
WHEREAS, the City has made the necessary arrangements with
Mid-South Foundry, Inc., a corporation organized and existing under
the laws of the State of Arkansas (hereinafter sometimes referred
to as "Mid-South") for the expansion of its plant for the manu-
facture of metal castings and appurtenant facilities within or
near the City of West Memphis, Arkansas (hereinafter referred to
as the "Project"), which Project will provide additional employ-
ment for substantial numbers of people in the City and increase
the income of the residents of the City with a resulting alle-
viation of unemployment, increased employment, substantial payrolls
and other public benefits flowing from the operation of the plant
and appurtenant facilities; and
WHEREAS, the said City heretofore, pursuant to ordinances
duly adopted, submitted to the qualified electors of said City
the question of issuing Industrial Development Revenue Bonds in
conformity with the provisions of Act No. 9 in the amount of
$250,000 for the purpose of financing the cost of the Project and
necessary expenses incidental thereto, and by more than a majority
vote the electors of the City approved each issue of bonds for
the purpose aforesaid at the special election held February 9,
1971; and
WHEREAS, the City Council has entered into a contract with
Powell $ Satterfield, Inc., and W. H. Satterfield $ Company, Inc.,
for the sale to it of the said $250,000 of Industrial Development
Revenue Bonds bearing interest at the rate of 7.250 per annum,
but subject to conversion into an issue of bonds bearing a lower
rate or rates of interest, on the conditions that the conversion
be according to the Universal Bond Values Tables, that the City
receive no less, and pay no more, than it would receive or pay for
the bonds at the interest rate contracted for, anal that the terms
for the conversion be approved by the City Council of the City;
and
WHEREAS, the said purchasers have elected to convert the
said issue of $250,000 of Industrial Development Revenue Bonds
bearing interest at the rate of 7.250 per annum, into an issue of
$265,000 of bonds bearing interest at the rate of 6o per annum,
which conversion the City Council hereby finds and determines to
be according to the terms of the contract and the Universal Bond
Values Tables; and
WHEREAS, the City proposes to enter into a Lease Agreement
with Afid-South specifying the terms and conditions of the acqui-
sition and completion of construction and equipping of the Project
and the leasing of the same to raid-South, which Lease Agreement
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was authorized by Ordinance No. 669 of the City of West Memphis,
Arkansas passed and approved on the 4th day of. March ,
1971, to which reference may be made by any interested person for
the rental, terms, conditions and obligations of the parties there-
to; and
WHEREAS, it is hereby determined that Industrial Develop-
went Revenue Bonds in the principal amount of $265,000 should be
authorized for issuance, sale and delivery as hereinafter provided,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST NIEr1PH I S , ARKANSAS
Section 1. That there be, and there is hereby, authorized
and directed the following:
(a) The sale of the bonds in the amount aforesaid
to the purchasers identified above; and
(b) The acquisition of the fee simple title to the
lands necessary for the Project (hereinafter described
in the Trust Indenture authorized by this Ordinance).
Section 2. That to provide for the issuance of and to secure
Industrial Development Revenue Bonds of the City under Act No. 9
in the aggregate principal amount of $265,000 described in the
form of the Trust Indenture hereinafter authorized, and to pre-
scribe the terms and conditions upon which the Bonds are to be
secured, executed, authenticated, excepted and held, the Mayor is
hereby authorized and directed to execute and acknowledge the Trust
Indenture, and the City Clerk is hereby authorized and directed to
execute and acknowledge the Trust Indenture and to affix the seal
of the City thereto and to attest the same; and the ATayor and
City Clerk are hereby authorized and directed to cause the Trust
Indenture to be accepted, executed and acknowledged by the Trustee,
Simmons First National Bank of Pine Bluff, in Pine Bluff, Arkansas,
with the Trust Indenture, which constitutes and is hereby made a
part of this Ordinance, to be in substantially the following form,
to-wit:
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r
Section 3. That the Niayor and City
hereby, authorized and directed for and on
do all things, execute all instruments and
action necessary to the realization of the
the discharge of the City's obligations as
Agreement, and as party of the first part
Indenture.
Clerk be, and they are
behalf of the City to
otherwise to take all
City's rights and to
Lessor under said Lease
under said Trust
Section 4. That since there is here involved the construct-
ing and equipping of a complex industrial project requiring highly
specialized work and specialized types of machinery and equipment
and materials, it has been, and is hereby, determined that com-
petitive bidding is not feasible or practical. Therefore, any
requirements under ordinances of the City or under the general
laws of the State of F.rkansas for competitive bidding be, and the
same are hereby, waived for this particular Project. This action
is taken by the City Council pursuant to the authority confer-
red by Act No. 9 and because the action so taken has been made
a condition precedent to the securing and developing of this
particular Industrial Project.
Section 5. That this Ordinance shall not create any right
of any character, and no right of any character shall arise under
or pursuant to it, until the Bonds authorized by this Ordinance
shall be issued and delivered.
Section 6. That the provisions of this Ordinance are hereby
declared to be separable and if any section, phrase or provision
shall, for any reason, be declared to be invalid, such declaration
shall not effect the validity of the remainder of the section,
phrases or provisions.
Section 7. That all ordinances and parts thereof in con-
flict herewith or hereby repealed to the extent of such conflict.
Section 8. It is ascertained and declared that the safety
and health of the City of West Memphis are jeopardized by the
lack of sufficient industry and that only by action made possible
by this Ordinance can the City undertake to secure and develop
industry and promote the safety, health and welfare of its citizens.
It is, therefore, declared that an emergency exists, that this
Ordinance is necessary for the immediate preservation of the
public peace, health and safety, and that this Ordinance shall
take effect and be in force from and after its passage.
PASSED: March 4 1971.
APPROVED:
Mayor
ATTEST: ~~
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ity er
(SEAL)