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October 16, 196911 "v' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 16TH DAY OF OCTOBER, 1969. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o'clock p.m. on the 16th day of October, 1969. The following were present: Mayor Bob Eden; City Clerk Charles F. DeGraff; and Aldermen: F. C. Weis, R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Horton, C. D. Hutcherson, C. T. Rodgers, and Robert Smith; and City Attorney R. E. Wallin. Absent: None. Minutes of Council Meeting on October 2, 1969, were approved as read. The Mayor stated that consideration should be given to an ordinance authorizing the issuance of bonds and the execution and delivery of a Trust Indenture. This was a matter with which the Council was familiar and after a discussion, Alderman Smith introduced an ordinance entitled: "An Ordinance Authorizing The 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 Permanent Financing Of The Cost Of Securing And Developing Industry (The Particular Industrial Project Is Described In The Ordinance); Authorizing the Execution And Delivery Of A Trust Indenture Securing The Bonds; Authorizing And Prescribing Other Matters Pertaining To The Industrial Project, The Constructing Thereof And The Financing Thereof; And Declaring An Emergency", and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Dabbs, 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 Mayiir put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. Thereupon the Mayor 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 Attorney. Alderman Bentley, seconded by Alderman Rodgers then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Ayes Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. The Mayor 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 Attorney. Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. Alderman Bowie, seconded by Alderman Weis, moved that Section 7, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. The Mayor 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. 614. The ordinance adopted read as follows: 11~ ORDINANCE NO._ ~_ AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO, 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SE~TY-SECOND GENERAL ASSEMBLY OF THE STATE OF AR'~CANSAS, 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 DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY WHEREAS the City of West Memphis, Arkansas ("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 ("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 j WHEREAS the City is authorized by Act No. 9 to issue Industrial I Development Revenue Bonds payable from revenues derived from the Industrial Project so acquired and constructed and secured by a lien thereon; and WHEREAS the necessary arrangements have been made with Temple Gypsum, Inc. , an Arkansas corporation ("Gypsum"), for a 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 Gypsum shall elect to manufacture (the "Project"), and to lease the Project to Gypsum pursuant to the terms of a Lease and Agreement subsequently identified herein and referred to as the "Lease Agreement"; and WHEREAS Gypsum is a subsidiary of Temple Industries, Inc. , a Texas corporation ("Temple") and Temple has agreed to unconditionally }:~ 4 guarantee performance by Gypsum of its obligations under the Lease Agreement by an instrument identified as the "Temple Guaranty Agreement"; and WHEREAS permanent financing of the Project costs, necessary costs and expenditures incidental thereto and to the expeditious commencement of manufacturing operations, the cost of the issuance of bonds and the amount necessary to provide for interest on bonds until Project revenues are available is being furnished by the issuance of Industrial Development Revenue Bonds by the City under the provisions of Act No. 9 in the principal amount of not to exceed Five Million Dollars ($5,000,000) (the "bonds") or "Act No. 9 Bonds"); and Y WHEREAS there has been submitted to the electors of the City the question of issuing the Act No. 9 Bonds at a special election, and at said special election the electors approved the issuance of the Act No. 9 Bonds; and WHEREAS arrangements upon terms satisfactory to all parties, have been made with Rauscher Pierce & Co. , Inc. , Burnham and Company, Stephens, Inc, and T.j. Raney and Sons and Associates for underwriting the bonds and w ttie bonds are to be sold and delivered in series, with the initial series being . designated Series A, and which are dated, bear interest, mature and are sub- t ject to redemption as hereafter in the Indenture set forth in detail; 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 execution of all necessary architectural, engineering ' and construction contracts for the constructing and equipping of the Project, with executed copies of all such contracts to be filed in the office of the Clerk; (c) The performance of all obligations of the City under the Lease Agreement pertaining to the constricting and equipping ~~ of the Project and the performance of all obligations of the City under the architectural, engineering and construction contracts referred to in (b) above; and (d) The acceptance, execution and delivery of the Temple Guaranty Agreement, 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 not to exceed $5, 000, 000, to provide for the immediate execution and delivery of Series A Bonds 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 Inden- ture, which constitutes and is hereby made a part of this Ordinance, to be `~ in substantially the following form, to-wit: pie • Section 3. That the Mayor and City 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 City 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 City Clerk be, and they are hereby, further authorized and directed, for and on behalf of the City, to execute all papers, documents,_certiflcates and other instru- ments that may be required for the carrying out of the authority conferred by this Ordinance and the Trust Indenture, or to evidence said authority and its exercise . Section 4. It is hereby determined that competitive bidding is not feasible or practical because of the highly specialized nature of the work ;_ and the types of equipment and materials involved were such that they did not lend themselves to competitive bidding. This action is taken by the City Council pursuant to the provisions of Section 5 of Act No. 28 of the Acts of Arkansas of 1959 (Ark. Stats. Section 19-4425) and pursuant to the authority conferred 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 protect. Therefore, any requirements under ordinances of the City or under the general laws of the State of Arkansas for competitive bidding be, and the same are hereby, waived _ _. for this particular protect. Section 5. 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 affect the validity of the remainder of the sections, phrases or provisions. Section 6 . That all ordinances , resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. 11? .Section 7. That there is hereby found and declared to be an immediate need far the securing and developing of substantial industrial operations in order to: provide additional employment, alleviate unemploy- ment 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 emergency exists and this rJrdinance being necessary for the immediate preservation of the public. health, safety and welfare shall be in force and take effect immediately upon and after its passage. r X The Mayor stated that consideration should be given to an ordinance authorizing a Lease and Agreement. This was a matter with which the Council was familiar and after a discussion, Alderman Weis introduced an ordinance entitled: "An Ordinance Authorizing A Lease And Agreement By And Between The City Of West Memphis, Arkansas As Lessor And Temple Gypsum, Inc., An Arkansas Corporation, As Lessee, In Substantially The Form And With Substantially The Contents Set Forth In And Made A Part Of This Ordinance; Authorizing The Execution And Delivery Of Said Lease And Agreement; Prescribing Other Matters Relating Thereto; And Declaring An Emergency", and the City Attorney rerl the ordinance in full. Alderman Bowie, seconded by Alderman Horton, 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 Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. Thereupon the Mayor 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 Attorney. Alderman Weis, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Ayes Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. The Mayor 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 Attorney. Alderman Dabbs, seconded by Alderman Hutcherson, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. ~l Alderman Smith, seconded by Alderman Weis, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith and the following voted nay: None. The Mayor 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. 615. The ordinance read as follows: ORDINANCE NO. ~.~ AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF WEST MEMPHIS, ARKANSAS AS LESSOR AND TEMPLE GYPSUM, INC., AN ARKANSAS CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LEASE AND AGREE- MENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. That there be, and there is hereby authorized the execution and delivery of a Lease and Agreement wherein the City of West Memphis, Arkansas ("City") is Lessor and Temple Gypsum, Inc. , an Arkansas corporation ("Gypsum") is Lessee, in substantially the forth and with substantially the contents hereafter set forth, and the Maycr and City Clerk be, and they are hereby, atthorized to execute, acknowledge and deliver the Lease and Agreement for and on behalf of the City. The form and contents of the Lease and Agreement, which are hereby approved and which are made a part hereof, shall be substantially as follows: 1. Section 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed, for and on behalf of the City, to do all things, execute all instruments and otherwise take all action necessary to the realization of the City's rights and to the discharge of the City's obligations as Lessor under the Lease and Agreement. Section 3. 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 affect the validity of the remainder of the sections, phrases or provisions. Section 4. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section S. That there is hereby found and declared to be an immediate need for the securing and developing of industry within the City in order to provide additional employment and increased payrolls, alleviate unemployment and provide other benefits incidental to the operation of a substantial industry, and the execution and delivery of the Lease and Agree- ment authorized by this On~iinance are necessary for the accomplishment of these public benefits and purposes. It is, therefore, declared that an emergency exists, and this Ordinance, being necessary for the immediate preservation of the public health, safety and welfare, shall be in force and take effect immediately upon and after its passage. ^~ Recommendation of the Planning Commission for rezoning Lots 3, 4, 5, 6, Block 10, George T. Kendal from C-5 to RS-5 upon application of Arkansas Constructors was presented. Attorney Steven Crain on behalf of Mr. George Newton of Arkansas Constructors informed the Council of plans for construction of residences in the area. Thereupon, an ordinance entitled: "An Ordinance To Rezone Certain Property In The City Of West Memphis, Arkansas" was introduced by Alderman Weis. The ordinance was read in full by the City Attorney. Alderman Bowie, seconded by Alderman Horton, moved that the rule requiring the reading of an ordinance in full on three different daya be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: None. Thereupon the Mayor 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 Attorney. Alderman Bentley, seconded by Alderman Dabbs then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: None. iw The Mayor declared that at least two-thirds of all member elected to the Cauncil 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 Attorney. Alderman Hutcherson, seconded by Alderman Smith, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Bentley, Howie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: None. Alderman Weis, seconded by Alderman Bowie, moved that Section 4, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: None. The Mayor 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. 61~, the ordinance read as follows: ORDINANCE N0. 616 AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, an application was made to the Planning Commission of the City of West Memphis as provided by Ordinance No. 111 of the City of West Memphis for rezoning certain property within the City; and WHEREAS, notice was duly published on the 28th day of July, 1969, that a hearing would be held by the Planning Commission at 3:30 P.M. on the 27th day of August, 1969, and at said meeting and by the application previously submitted it was requested that the following property be rezoned from Class C-5, Commercial, to RS-5, Single Family Residential: Lots Three (3), Four (1:), Five (5), and Six (6~, Block Ten (10), George T. Kendal Subdivision, City of West Memphis, Arkansas, as shown by plat of record in Plat Book "1!? at pages 24 and 25, records of Crittenden Countyi Arkansas, being situated in the Northwest Quarter of the Southeast Quarter (NW4 SE4) of Section Eighteen (18), Township Six (6) North, Range Nine (9) East, in Crittenden County, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested; and, WHEREAS, the Planning Commission of the City of West Memphis recommended that said rezoning petition be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. That the following property now zoned as ,C-5, Commercial, be, and the same is hereby, rezoned as RS-5, Single Family Residential: Lots Three (3 ), Four (lt), Five (5), and Six (6 ), Block Ten (10), Tieorge T. Kendal Subdivision, City of West Memphis, Arkansas, as shown by plat of record in Plat Book "1" pages 24 and 25, records of Crittenden County, Arkansas, being situated in the Northwest Quarter of the Southeast Quarter (NW4 SE4) of Section Eighteen (18), Township Six (6) North, Range Nine (9) East, in Crittenden County, Arkansas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for the County of Crittenden, State of Arkansas. Section 4. It is found and declared by the City Council of the City of West Memphis that this ordinance is necessary for the growth and expansion of the City of West Memphis, that an emergency is delcared to exist and, therefore, this ordinance shall be in full force and effect from and after its approval and passage. ~,~t~:~ Mayor Eden informed the Council the Utility Commission offices have been moved to the new building on E. Cooper, and recommended the old facility be used for the County Health Center for a six month lease-free period. It was brought to the Council's attention the City's participation in the County Health Program costs approximately $8,500 annually, and under the lease free arrangment the appropriation will not be made. The facility will be equipped by the County. After discussion, motion was made by Alderman Rodgers, seconded by Alderman Dabbs: Grant County Health Department six month lease on the building at 111 S. 2nd Street. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: None. The Mayor stated arrangments for housing of the County Rescue Unit are being made in the outer sheds and consideration will be given to providing office space. 1~~7. Mayor Eden brought to the Council's attention terrific repair bills for the City's Caterpillar Tractor, and that the Bank of Milan, Tennessee has a repossessed tractor that had been completely overhauled by Williams Diesel Service. The tractor can be obtained at a cost of $11,230 plus trade-in of the City's machine. Condition of the overhauled tractor, comparative prices, funds available, payments from street fund were discussed, and the following motion made by Alderman Weis: Mayor be authorized to enter into Lease Purchase with Bank of Milan and Williams Diesel for Caterpillar Tractor in amount of $930.00 penrmonth for eleven months and final payment of $1,000. The motion was seconded by Alderman Dabbs. Upon vote, the voting was as follows: Ayes: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Noes: None. During the Round Table Discussionsi Alderman Dabbs presented the question of election of Aldermen by Wards instead of Citywide. Boundry lines o£ Wards, Petitions, anticipated report from the County Tax Assessor were discussed. Alderman Rodgers presented request of Rosewood Methodist Church for the City to provide labor if the church furnished materials for construction of sidewalk in front of the church on East Barton. Mayor Eden stated Mr. Charles Hampton of the Engineering Department will make an estimate of cost. Alderman Horton presented request of Sheriff Marion Thomas for construction of the unfinished section of Wheeler Street adjacent to his property. Mayor Eden stated the atreet has not been accepted for maintenance by the City and ordinance provides the subdivider constructs streets. Alderman Smith requested report on progress of the Workable Program. The Mayor explained work of Bobby Sanders in the enforcement of the Southern Housing Code. Wallace Caradine requested continuation of rent appropriation for the Neighborhood Service Center; and stated the workers serve on a volunteer basisno pay is involved, and their work consists of distributing used clothing, transportation of sick to doctors, assistance to direct persons to proper agency for food stamps, old age benefits, and other matters. After discussion, motion was made by Alderman Dabbs, seconded by Alderman Smith: That the appropt~ation of $50.00 per month for Neighborhood Service Center be extended for 90 days. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Rodgers, and Smith. Nay: Plone. Alderman Bentley requested progress reports on the Neighborhood Service Center. Attorney Ralph Sloan informed the Council of application for rezoning of an area for housing that is to be heard at a Special Meeting of the Planning Commission on October 23rd, and due to time element•aequested action by the Council prior to next regular meeting. After ,consideration of the request, the Council adjourned until 5:00 P.M. Monday, October 27th. ,~ ~ MA ATT APPROVED: NOVEMBER 6t,19F9 /