706ORDINANCE NO. 706
AN ORDINANCE AUTHORIZING TIDE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS UNDER 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, FOR THE PURPOSE OF PROVIDING PERMA-
NENT FINANCING OF THE COST OF SECURING AND DEVELOPING
INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED
IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DE-
LIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHO-
RIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE
INDUSTRIAL PROJECT, THE CONSTRUC`rll~lG THEREOF AND THE
FINANCING THEREOF;, AND DECT.ARING AN EMERGENCY
WHEREAS the City of West Memphis, Arkansas (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, 19 60 , a s amended
("Act No. 9"), to acquire lands, construct and equip manufacturing buildings,
improvements and facilities and to incur other costs and expenses and make
other expenditures incidental to and for the implementing and accomplishing
of the conduct of manufacturing operations; and
WHEI:EAS the City is authorized by Act No. 9 to Issue Industrial
Development Re-venue Bonds payable from revenues derived from the Industrial
Project so acquired and constructed and secured by a lien thereon and security
interest therein; and
WHEREAS the necessary arrangements have been made with Evans Products
Company, a Delaware corporation ("Evans") , fora substantial industrial
project consisting of lands, buildings, improvements, machinery, equipment
and facilities for an industrial plant which will be utilized for the manufacturing
of such products as Evans shall elect to manufacture (the "Project"), and to
lease the Project to Evans pursuant to the terms of a Lease and Agreement sub-
sequently identified herein and referred to as the "Lease Agreement"; and
WHEREAS permanent financing of the Project costs, necessary costs
and expenditures incidental thereto and the cost of the issuance of bonds, is
being furnished by the City issuing Industrial Development Revenue Bonds
under the provisions of. Act No. 9 in the principal amount of One Million Three
Hundred Thousand Dollars ($1,300,000) (the "bonds"); and
WHEREAS there has been submitted to the electors of the City the
question of issuing the bonds at a special election, and at the special election
the electors approved the issuance of the bonds;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of West Memphis, Arkansas:
Section 1, That there be, and there is hereby authorized and directed
the following:
(a) The sale of the bonds;
(b) The acquisition and construction of the Project, and in
connection therewith, the execution of any necessary
architectural, engineering or construction contracts or the
acceptance of any assignment of any such contracts
previously executed by Evans, for the constructing and
equipping of the Project;
(c) The performance of all obligations of the City under the
Lease Agreement pertaining to the constructing and
equipping of the Project and the performance of all
obligations of the City under the contracts referred to
in (b) above .
Section 2. That to provide for the authorization of and to secure
Industrial Development Revenue Bonds of the City under Act No. 9 in the total
principal amount of $ l , 300, 000 and to prescribe the terms and conditions upon
which the bonds are to be secured, executed, authenticated, accepted and held,
the Mayor is hereby authorized and directed to execute and acknowledge a 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 the
Mayor and City Clerk are hereby authorized and directed to cause the Trust
Indenture to be accepted, executed and acknowledged by the Trustee, with the
Trust Indenture, which constitutes and is hereby made a part of this Ordinance,
to be in substantially the following form, to wit:
Section 3. That the Mayor and Clty Clerk, for and on behalf of the
City, be, and they are hereby, authorized .and directed to do any and all things
necessary to effect the execution of the Trust Indenture, its execution and
acceptance by the Trustee, the performance of all obligations of the Clty
under and pursuant to the Trust Indenture, the execution and delivery of the
bonds, and the performance of all other acts of whatever nature necessary to
effect and carry out the authority conferred by this Ordinance and by the Trust
Indenture. That the Mayor and the Clty Clerk be, and they are hereby, further
authorized and directed, for and on behalf of the City, to execute all papers,
documents, certificates and other instruments that may be required for the
carrying out of the authority or to evidence the exercise thereof.
Section 4. That since there is involved the constructing and equipping
of a complex industrial project , requiring specialized work , Evans , in order to
maintain its projected production schedule, has taken bids and negotiated a
construction contract with Frank A. Rogers and Co. , Inc. This action is
hereby authorized and ratified pursuant to the provisions of Act No. 9.
Section 5. 'That the Mayor and City Clerk for and on behalf of the
City, be and' they are hereby, authorized and directed to take all action, and
execute and file all documents, necessary to perfect an election to proceed under
Section 103 (c) (6) (D) of the Internal Revenue Code of 1954 to the end of insuring
that interest on the bonds is exempt from federal income taxes.
Section 6. That the provisions of this Ordinance are hereby declared
to be severable, and if any section, phrase or provision shall for any reason be
declared to be invalid, such declaration shall not affect the validity of the
remainder of the sections, phrases or provisions.
~.
Section 7. That all ordinances, resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 8. That there is hereby found and declared to be an immediate
need for. the securing and developing of substantial industrial operations in
order to provide additional employment, alleviate unemployment and otherwise
benefit the public health, safety and welfare of the City and the inhabitants
thereof, and the issuance of the bonds authorized hereby and the taking of the
other action authorized herein are immediately necessary in connection with
the securing and developing of substantial industrial operations and deriving
the public benefits referred to above. It is, therefore, declared that an emer-
gency exists and this Ordinance being necessary for the immediate preservation
of the public health, safety and welfare shall be in force and take effect immedi-
ately upon and after its passage.
PASSED December 2, 1971.
ATTEST:
APPROVED:
~(x _
`:~~ Mayor ~-
Clty Clerk
(SEAL)