July 17, 1969~v
MINUTES OF A REGULAR MEETING OF THE CITY OOUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
` HELD ON THE 17TH DAY OF JULY, 1969.
The City Council of the City of West P4emphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 1:30 o'clock P.M. on the 17th day of
July, 1969. The following were present:
City Clerk Charles F. DeGraff, and Aldermen: R. T. Bentley, R. C. Bowie, H. R. Dabbs,
Pritchard Horton, Kirbv Leggett, C. T. Rodgers, R. L. Smith, and F. C. 4deis; and City
Attorney R. E. [dallin.
Absent: Mayor Bob Eden.
City Clerk DeGraff called the meeting to order, and announced Mayor Eden being absent
a President Pro Tempore will have to be elected. b?otion was made by Alderman Leggett:
That Alderman Pritchard Horton be elected President Pro Tempore. The motion was seconded by
Alderman Smith. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Alderman Horton abstained from voting.
Minutes o£ Council A?eeting on July 3, 1969, were approved as read.
Jerry Bray, Manager of the Lamar ?codgers Swimming Fool, brought to the Council's attention
repairs are needed at the pool, and suggested the repairs be made on Sundays due to the pool
being open only four hours. After discussion, motion was made by Alderman Weis, seconded by
Alderman Bentley: That Lamar Rodgers Pool be closed on Sundays commencing July 20th for repairs
until further notice. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Rev. Alvin Baldwin of the Church of Jesus Christ, 1663 Autumn, Memphis, Tennessee, requested
permission to place a tent at 19th and Polk for a revival for two weeks. Rev. Baldwin stated the
owner of the property John Roach had given permission, however, he had not contacted any of the
adjoining property owners. After discussion as to local affiliation with the church, sanitary
conditions, fire preventions, time element, motion was made by Alderman Smith, seconded by
Alderman Bentley: That permit be granted, services cease at 10:00 P.M., that any difference arise
among the neighbors that they meet with Rev. Baldwin at the City Hall. Upon roll call vote, the
voting was as follows:
Ayes: Aldermen: Bentley, Rodgers, and Smith.
Nays: Aldermen: Bowie, Dabbs, Leggett, 'leis, and Hcrton.
The motion failed, the permit was denied.
Mr. Marvin Dacus, project director for the Jaycees free swimming lessons and water carnival,
requested permission for use of Lamar Rodgers Swimming Pool for lessons beginning at 7:00 P.M. to
9:00 P.P?. July 28-30, August ~-6, and August 9th for the Water Carnival. After discussion, motion
was made by Alderman Rodgers, seconded by Alderman ~~aeis: That permission be granted for Jaycees
use of Lamar Rodgers Swimming Pool. as requested. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Mr. Wallace Caradine, Director of the West Memphis Neighborhood Service Center, 136 S. 10th,
requested extension of $50.00 per month apvrouiation to the Center through September, 1969.
Mr. Caradine informed the Council the anticipated Federal Grant had not been received, however, if
did not receive in September would not request additional funds. Thereupon, motion was made by
Alderman Leggett, seconded by Alderman Smith: That the City apprcpriation of $50.00 per month for
the Pleighbcrhocd Service Center be extended through September, 1969. Upon vote, the voting was as
follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and 4Jeis.
Nays: Ncne.
Mr. Caradine also requested one day a week from 1 PM until. closing time free swimming at
Wonder High Pool for children 15 years and under whose family income is less than $200.00 a month;
that admittance to the pool would be a strip from the Service Centex• after being checked by him.
After discussion, motion was made by Alderman Bentley, seconded by Alderman Leggett: That children
15 years and under be permitted to come to Wonder High Pool on Sunday afternoons from 1 until 6:00 P.D?
until the pool closes for the season, admittance to be regulated by idallace Caradine of the West P?emphi
Neighborhood Action Committee. Ur.,on vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, P,abbs, Leggett, Rodgers, Smith, and Weis.
Nays: None.
City Attorney Wallin advised the Council of stipulations of Ordinance No. 295 pertaining to
bonds issued for the construction of the municipal swimming pools.
2?r. Caradine extended an invitation to the Council to attend a meeting at 8 PM July 2l~th at
L. R. Jackson Community Center sponsored by the NAACP.
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City Attorney tidallin informed the Council of a proposed special election to vote upon the
question of issuing City of West Memphis, Arkansas, Industrial Development Revenue Bonds for
Texas Gypsum Company, Inc. a Texas corporation for the location of a substantial industrial
plant in the City under provisions of Act No. 9.
The President Pro Tempore stated that consideration should be given to an ordinance
calling a special election. This was a matter with which the Council was familiar and after
a discussion, Alderman Bentley introduced an ordinance entitled:
"AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE UPON THE QUESTION
OF ISSUING BOPIDS UNDER THE PROVISIONS OF ACT N0. 9 OF THE FIRST
EXTRAORDINARY SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY OF THE
STATE OF ARKANSAS, APPROVED_JANUARY 21, 196G, AS AMEPIDED, FCR THE
PURPOSE OF FURNISHING THE FERMANENT FINANCING OF THE COST OF
SECURING AND DEVELOPIPIG INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT
IS DESCRIBED IN THE ORDINANCE); FRESCRIHING OTHER MATTERS RELATING
THERETO: AND DECLARING AN EP~ERGENEY"
and the City C1_erk read the ordinance in full.
Alderman Bowie, seconded by Alderman Weis, moved that the rule requiring the reading of
an ordinance or resolution in full. on three different days be suspended and that the ordinance
be placed on its second reading. The President Pro Tempore put the question on the adoption of
the motion and the roll being called, the following voted aye:
Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis;
anc~ the following voted nay: None.
Thereupon the President Pro Tempore declared that at least two-thirds of all members of
the Council having voted in favor of the motion to suspend the rule, the motion was carried and
the rule suspended. The ordinance was then read by the City Clerk.
Alderman Rodgers, seconded by Alderman Dabbs then moved that the rule requiring the reading
of an ordinance in full on three differen~•~a~cS.~urther suspended and that the ordinance be
placed en its third reading. The Preid~5ut the question on the adoption o£ the motion and the roll
being called the following voted aye:
Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis;
and the following voted nay: None.
The President Pro Tempore declared that at least two-thirds of all members elected to the
Council having voted in favor of the motion to suspend the rule, the motion was carried and the
rule suspended. The ordinance was then read by the City Clerk.
Alderman Smith, seconded ~~oA~~~j~~;} Leggett, moved that the ordinance be adopted. The
question was put by theP?c'e9i~J~on t e option of the motion and the roll being called, the
following voted aye:
Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis;
and the following voted nay: None.
Alderman Bentley, seconded by Alderman Bowie, moved that Section 6, the emergency clause, be
adopted, and on roll cal]_ the following voted aye:
Aldermen: Bentley, B.~wie, Dabbs, Leggett, Rodgers, Smith, and Weis;
and the following voted nay: None.
The President Pro Tempore thereupon declared the ordinance and the emergency clause adopted
and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the
City. The ordinance was given No. 605. The ordinance read as follows:
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ORDINANCE NO. 6n~~
AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE
UPON THE QUESTION OF ISSUING BONDS UNDER THE
PROVISIONS OF ACT NO, 9 OF THE FIRST EXTRAORDINARY
SESSION OF THE SE+{TY-SECOND GENERAL ASSEMBLY OF
THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, A3
AMENDED, FOR THE PURPOSE OF FURNLSHING THE PER-
MANENT FINANCING OF THE COST OF SECURING AND
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL
PROJECT IS DESCRIBED IN THE ORDINANCE; PRESCRIBING '
OTHER MATTERS jtELATING THERETO; AND DECLARING AN
WHEREAS arrangements have been made with Texas Gypsum Company,
Inc., a Texas corporation ("Texas") for the location of a substantial industrial
plant in the City of West Memphis, Arkansas ("City"); and
WHEREAS the location of the industrial plant in the City will result
in increased employment, will result in increased payrolls, will alleviate unem-
ployment, and will result in other public benefits incidental to the operation of
a substantial industrial plant, all of which will be in the best interest of the
City and its citizens and inhabitants; and
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WHEREAS in order to obtain funds for the financing of necessary lands,
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buildings, improvements, machinery, equipment and facilities. ("Project"),
essential to the location and operation of the industrial plant, the City Council
of the City has determined to issue., subject to the approval of the electors of the
City, Industrial Development Revenue Bonds under the provisions of 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 ("Act No. 9") in an
amount not to exceed $5,'000,000 for the purpose of financing the Project costs
and necessary costs and expenses incidental thereto, the costs of the issuance
of the bonds; 'and providing adequately for debt sewice on the bonds until Pro-
ject revenues are available therefor; and
WHEREAS the purpose of this Ordinance is to submit the question
of the issuance of the bonds under Act No. 9 to the electors of the City at a
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special election called for that purpose,,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of West Memphis, Arkansas:
Section 1 . That a special election be, and t ~ a is hereby,
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called to be held in the City on the day of 1969, at
whit:h election there will be submitted to the electors of the City the question
of issuing Industrial Development Revenue Bonds ("bonds") under Act No. 9 in
an amount not to exceed Five Million Dollars ($5,000,000) for the purpose of
furnishing permanent financing of the costs of securing and developing industry
(the particular industrial project is described above). The bonds will be dated,
the bonds will bear interest at such rate or rates, the interest will be payable
on such dates, the bonds will mature on such date or dates, the bonds will be
subject to redemption prior to maturity in such manner and upon such terms, and
the bonds will be issued at one time or in series from time to time, all as the
City Council shall subsequently determine and specify in the ordinance authorizing
the issuance of the bonds.
Section 2. That the question shall be placed on the ballot for the,
special election in substantially the following form:
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Vote on measure by placing an "X" in the square
above the measure either for or against:
FOR the issuance of Industrial Development
Revenue Bonds try the-City of West Memphis,
Arkansas: in the aggreyate principal amount
of not to exceed $5,000,000----------------------------Q
AGAINST the issuance of Industrial Development
Revenue Bonds by the City of West Memphis,
Arkansas in the aggregate principal amount
of not to exceed $5,000,000----------------------------Q
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It is proposed to issue City of West Memphis, Arkansas ("City")
Industrial Development Revenue Bonds ("bonds") under Act No. 9
of the First Fxtr+ordinary Session of tl~e Sixty-Second General
Assembly of the State. of Arkansas, approved January 21, 1960,
as amended ("Act No. 9") in the aggregate principal amount of
not to exceed $ 5 , 000 , 00.0 for the purpose of furnishing the
permanent financing of the costs of securing and developing
industry. The bonds will be dated, the bonds will bear interest
at such rate or rates, the interest will be payable on such dates,
the bonds will mature on such date or dates, the bonds will be
subject to redemption prior to maturity in such manner and upon
such terms, and the bonds will be issued at one time or in series
from time to time, all as the City Council shall. subsequently
determine and, specify in the ordinance authorizing their issuance,
The proposed industrial project will consist of lands, buildings,
``~ improvements, machinery, equipment and facilities for an Indus-
trial plant ("Project"), and the proceeds of the bonds will be
~'\ sufficient to pay the Project costs and necessary incidental costs
and expenses, the cost of the issuance of the bonds and to make
`any needed provision for the payment of interest until Protect
revenues are available. The Project will be owned by the City
ahd will be leased to Texas Gypsum Company, Inc . , a Texas
Co~~poration ("Texas") for leas0,rentals sufficient to provide for
the payment of the principal of and interest on the bonds. All
obli ations of Texas will be unconditionally guaranteed by Temple
Industries, Inc., a Texas corporation. The bonds will not be
general obligations of the City but will be special. obligations
• payable Solely from Project revenues, including particularly
lease rentals under-,the Lease and Agreement referred to above,:
which will be specifically pledged to the payment of the princi-
~ pal of and interest on the bonds, and the bonds ..will be secured
,` by a lien on and security interest in the Project as authorized
~y Act No. 9. i
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"_, Section 3. That the election shall be held and conducted and the
vote canvassed and the results declared under the law and in the manner pro-
' vided for municipal elections, so far as the same may be applicable, and the
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Mayor shall give notice of such election by an advertisement published once
a week for four consecutive weeks in a newspaper having a bona fide circula-
tion in the City, with the last publication to be not less than ten days prior to
the date of the election, and only qualified electors of the City shall have the
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right to vote at the election. '
Section 4. That the results of said election shall be proclaimed by
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t the Mayor and his proclamation shall be published one time ina newspaper
having a bona fide circulation in the City, which proclamation shall advise that
the results as proclaimed shall be conclusive unless attacked in tha courts
within thirty days after the date of the proclamation.
} Section 5. That a copy. of this Ordinance shall be furnished to the
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3 Crittenden County Board of Election Commissioners so that the necessary elec-
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tion officials and supplies may be provided.
Section 6. That there is hereby found and declared to be an immediate
need for the securing and developing of industry in order to provide other bene-
fits incidental thereto, and the issuance of the bonds referred to in this Ordi-
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~l nance is essential to accomplishing those public benefits. It is, therefore,
declared that an emergency exists and this Ordinance being necessary for the
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immediate preservation pf the public health, safety and welfare shall be in
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'~ force and take effect immediately upon and after its passage.
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City Attorney 3Jallin presented the following resolution as requested on July 3rd:
RESOLUTION N0. 375
ti~REAS, Joe Brasfield, Mrs: Joe Hemphill, and P4rs. C. W. Peeples, Jr., have served as
members of the West Memphis Park Commission; and
~iHEREAS, said former members have discharged their duties as members of the West Memphis
Park Commission with diligence; and,
WfiEREAS, said former members devoted many long hours of time and work in said capacity as
members of the West Memphis Park Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST r.EP4PHIS, ARKANSAS,
that the City does express its appreciation to Mrs. Joe Hemphill, Mrs. C. YJ. Peeples, Jr., and
P4r. Joe Brasfield for their work and efforts as members of the West Memphis Park Commission and,
order that this Resolution be made a part of the official minutes of this meeting.
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Motion was made by Alderman Smith, seconded by Alderman Leggett: That the Resolution be adopted
as presented. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Alderman Smith extended an invitation to the Council. to attend a dinner at the American Legion
on July 17, 19F9, at 7:30 P.M. pertaining to employment of handicapped.
There being no further business, the Council adjourned.
PRITCHARD HORTON, PRESIDENT PRO TEMPORE
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APPROVED: AUC3UST 7, 1969