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ORDINANCE NUIdBER
AId ORDINANCE CALLING A SPECIAL ELECTION TO
DETERMINE WHETHER THE CITY OF WEST ~QEI~IPHIS,
SHALL ISSUE BONDS FOR THE PURPOSE OF THE
CONSTRUCTION OF A PUBLIC AUDITORIUM AND A
BUILDING FOR HOUSING FIRE FIGHTING APPARATUS~-
,AND/OR CONSTRUCTION OF ADDITION TO SEti'VER. SYSTEM.
WHEREAS, the City of West Memphis has outstanding
~Ir)
X35,000 principal amount of non-callable bonds bearing
interest at the rate of 4~ per annum, dated December 1,
1938, and maturing. serially on January 1, in the years 1949
to 1960, inclusive, which were approved by the electors at
a special election held on the 25th day of October, 1938,
under Amendment No. 13 to the CoB~tution of Arkansas, and
authorized by Ordinance No. 77 passed and approved on the
26th day of November, 1938, for the payment of which a
special tax levy of five mills on the dollar was pledged,
the limit authorized by Amendment No. 13 to the Constitution
of .Arkansas; and
WHEREAS, because of the greatly increased assessed
valuation in the~•:f~~.:~y, the five mill tax levy pledged for the
payment of the said outstanding bonds is more than sufficient
to pay their principal and interest and a large surplus is
accumulating each year; and the City proposed in 1947 to issue
X50,000 of 4~ bonds under said Amendment No. 13 for the con-
struction of a public auditorium, and to pledge,the~aid surplus
for their payment, and a large majority of the electors voted
in favor of the issue at a special election on the 10th day
of June, 1947; and
WHEREAS, the City was enjoined by the courts from
issuing the X50,000 of bonds for the auditorium for the
reason that the whole of the five mill tax was pledged for
_ payment of the outstanding bonds and the said surplus could
not be used for the proposed bonds for the auditorium while
the said bonds, dated December 1, 1938, were outstanding; and
that as more than five mills could not be levied under Amendment
N'o. 13, the City had exhausted its power to issue bonds; and
WHEREAS, the Council now finds that the City can refund
the said X35,000 of outstanding bonds under an arrangement with
their owners by which they will exchange them for refunding
bonds to be issued by the City of a like par amount, bearing
the same rate of interest, and having the same maturities, on
the understanding that they will be a part of an authorized
~....: ,.issue of not to exceed X110,000 of bonds of the City, all to oe
secured equally and ratably by a pledge of the five mill tax; and
WHEREAS, the Council now proposes to authorize the
issuance of X50,000 of bonds for the construction of a public
auditorium, and an issue of X25,000 for the construction of an
Candor construction of addition to ewer system)
additional. building to house fire fighting apparatus~if they
are approved by the electors at the special election hereinafter
called, and to combine them with the said $35,000 of refunding
bonds, making a total of X110,000; and
WHEREAS, by reason of the aforesaid arrangement with
the owners of the said outstanding bonds, the pledge of the
whole five mill tax for the payment of their bonds will be
released, which will permit a pledge of the whole five mill
tax for payment equally and ratably of all of the X110,000
,, of bonds; and
WHEREAS, an election on the said X35,000 of refunding
bonds is not required under decisions of the Supreme Court of
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Arkansas, but is required on the said X50,000 and X25,000
issues; and
WHEREAS, The Council finds that the City is badly in
need of the auditorium .and the additional building for housing,
fire fighting apparatus, and that the issuance of the proposed
bonds will be for the best interests of the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. An election is hereby called to be held
at the usual polling places in the City of West Memphis, on
the day of , 194g, for the purpose of
deter~.ning whet th City of West Memphis shall issue the
following negotiable..bond~:._ X50,_000 for the purpo~s~ of the
,construction of a public auditorium, and $25,000 for the purpose
of the construction of an additional building for housingL fire
fighting apparatus d~,pN °$~ a ~ ~~"~
X_~ ~µ~
--r~~~ ~ Said bonds shall be pay,.ab~.le as hereinafter set forth,
bear interest at the rate of ~~L~ per ~entum (~) per a~anum
for the first year and four per centum (4~) ger annum thereafter,
and be dated June 1, 194g•
Section 2. If the vote is favorable to both issues
they will be combined in one issue, .maturing serially on
January 1 in the amounts and years as follows:
3,000 in each of the years 1952 to 1954, inclusive
3,500 ~n each of the years 1955 to 1960 inclusive
X4,040 in each of the years 195 9 ,
X5,000 in the years 1.961. and 1962
X6,500 in the year 1963
X8,500 in each of the years 1964 to 1966, inclusive
X1,500 in the year 1967
If only one issue is approved the bonds will have the
same maturity dates, though for proportionately less amounts.
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Section 3. Said election shall be conducted and
the votes thereat canvassed and the result thereof declared
under the law and in the manner now provided for municipal
elections, and notice of said election shall be given by
the Mayor by advertisement weekly for at least four C4)
times in some newspaper published in the City of West Memphis,
and having a bona fide circulation therein, the last publi-
cation to be not less than ten days prior to the date of
said election. The ballots for said election shall be
marked
FOR Bond issue of X50,000 for the purpose of
the construction of a public auditorium.
"AGAINST Bond issue of X50,000 for the purpose of
the construction of a public auditorium.
~, j ttFOR Bond issue of ~~5,000 for the purpose of
~r°' the construction of a building. for the
..__.,
~~i~~~~~g~ ~ ire f ghting a pa s . ~,~, ~
"A AINST Bond issue of ~~~~
X25,000 for the purpose of
the construction of a building for the
ous~g , Qf fire fighting apparatus. G.~-~-~.. Qw
-~~t, ~ '
At tee ection only qualified voters of the City of West Memphis
will have the right to vote. The result of the election shall
be proclaimed by the ~da.yor by publication in some newspaper
published in said City of West ~Cemphis, Arkansas, and his pro-
clamation shall advise the citizens and property owners of
said City that the result as proclaimed will be conclusive
unless attacked in the courts within thirty (30) days after the
date of such proclamatic-n.
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Section 4. This ordinance shall take effect and
be in force on and after its passage.
PASSED:
APPRaVE~
ATTEST:
191~g
1918
APPROVED: ~ ~~ ~ ~~c.~~
MAYOR
CITY CLERK
STATE OF ARKANSAS
ss.
t;OUNTY OF CRITTENDEN
I, ~•~~~ , City Clerk of the City of West
Memphis, Arkansas, hereby certify that the. foregoing is a true
and com~pyared copy of Ordinance No.~~, passed and approved on
the ~'' day of , 19.8, and now of record in Ordinance
Book No. , at pa es .
WITNESS my hand and the seal of the City this day of
,, , 19l~8 . -
CITY CLERK
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