March 4, 1971MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD ON THE 4TH A4Y OF MARCH, 1971.
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The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met
in regular session at the City Hall in said City, at 4:30 o'clock p.m., on the 4th day of
March, 1971.
The meeting was called to order by the Mayor, and Che roll being called, there were:
Present: Tilden Rogers, Mayor, in the chair, and the following named Aldermen:
Willie Lee Harris R. L. Smith
James E. Hightower R. T. Bentley
Pritchard Horton Tommy Dickerson
C. D. Hutcherson D. M. Grimsley
M. P. Scott
City Attorney R. E. Wallin
Absent: Alderman Bill Dabbs, who had notice of. the meeting.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on February 18, 1971, were approved as read.
Mayor Rodgers brought to the Council's attention the February 5, 1970, Council Minutes
approved payment of $1,367.19 to the Airport Commission, however, the amount should have
been $13,671.19. Motion was made by Alderman Hutcherson, seconded by Alderman Bentley:
That minutes of meeting on February 5, 1970 be coitrected to approve $13,671.19 payment to
the Airport Commission. The voting was recorded as follows:
Aqe: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson,
and Grimsley.
Nay: 'None.
Garbage container requirements in Ordinance No. 180, Section 5 were read by Mayor Rodgers
in response to inquiry on February 18th.
Alderman Scott presented a resolution to cancel Resolution No. 403 pertaining to sick leave
policy for salafied employees, and moved adoption of the resolution. The motion was seconded
by Alderman Bentley, and the voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson,
and Grimsley.
Nay: None.
The resolution read as follows:
RESOLUTION N0. 410
WHEREAS, The City Council of the City of West Memphis deems it necessary and proper to issue
a statement of policy and procedure concerning sick leave for all salaried employees of the
City of West Memphis;
NOW, THEREFORE, BE IT RESOLVED, THAT, THE FOLLOSJING STATEMENT OF POLICY IS HEREBY EXPRESSED:
I. Sicl: Leave - Salaried Employees Excluding Elected Officials - Effective January 1, 1971
Sick leave shall be accumulated at the rate of twenty (20) working days per year beginning
one (1) year after date of employment. This shall be effective immediately for all employees
with at least one (1) years service as of effective date. Ail other employees shall become
eligible on their first anniversary date. This leave, if unused, shall accumulate to a
maximum of sixty (60) days. Time off may be charged against accumulated sick leave only for
such days that the employee is scheduled to work and no such leave shall be charged against
any employee during any period of sickness, illness, or injury for any days which said
employee is not scheduled to work.
2. If, at the end of his term of service, (upon retirement, retirement being after twenty (20)
years of continuous service, or upon reaching sixty-five (65) years of age), any employee who
has unused accumulated sick leave, he shall be paid for such sick leave at the regular rate of
pay in effect at the time of retirement.
3. Salary Continuation - Salarfed Employees Excluding Elected Officials - Effective
January 1, 1971.
Any salaried employee off work due to a sickness or injury covered by WORKMEN'S COMPENSATION
Insurance, the employee shall be paid the difference between his regular salary and his
Workmen's Compensation payments for a period not to exceed six months from initial date of
injury or sickness. After this time the case may be brought before the City Council for
further disposition.
4. The City retains the right to have said employee examined any time during this six (6)
month period by a physician of their (City) choice. At the end of this six (6) month period
if the employee is still unable to return to work for reasons related to his initial injury
or sickness, his case will be brought before the City Council in executive session on a
monthly basis theref[ter to decide what compensation if any shall be paid to said employee.
5. Resolution No. 403 is hereby cancelled, set aside and rescinded.
~*
X15
Alderman Scott reported the Insurance Committee has been working on plans to allot a fair share
of insurance policies not advertised for bids on March 18th to each of the six licensed agencies
in the City.
Alderman Smith and Mr. Cy Bond, Jr ., members of the street committee, informed the Council of
meeting with Mr. John W. Keiser, Engineer for the Arkansas Highway Department, pertaining to
South Avalon. Recommendation of the Street Committee for work on N. Avalon from the Bayou to
Shoppingway was discussed, and action delayed on employment of an engineer to make survey estimate
for bids until additional information is received.
Alderman Dickerson reported the Committee appointed to study commercial garbage rates and
privilege license would present recommendation at a later date.
Copies of the 1970 Audit prepared by Dodge & 6linton were distributed, and Mr. Russell Clinton
was requested to appear on March 18th after the Alderman have an opportunity to study the audit.
Statement from the Accountants in the amount of $3,580.00 was presented, the Mayor stated the
amount estimated in the budget for the Audit was $3,600.00. Motion was made by Alderman Smith,
seconded by Alderman Bentley: That $3,580.00 be paid Dodge & Clinton for the 1970 City Audit.
The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Mr. Earl Bruce of 211 W. Oliver requested extension of permit for house trailer at the rear of his
residence due to physical condition of his wife. No complaints having been received, motion was
made by Alderman Scott, seconded by Alderman Hutcherson: That permission for a house trailer at
the rear of 211 W. Oliver be granted for six months. The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Mayor Rodgers recommended the following appointments:
Electric Examining Board
Pat Johnson, Don Froning, Bob Lehr, and C. L. Griffin.
Motion was made by Alderman Dickerson, seconded by Alderman Smith: That the appointment of the
Electric Examing Board be approved. The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Gas Examining Board
I. M. Hanna, Cliff Jackson, B. F. Gobbell, and B. J. Rigsbee.
Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the appointment of
Gas Examining Board be approved. The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Plumbing Examining Board
W. A. Perrine, I. M. Hanna, Cliff Jackson, and Billy Harold Smith
Motion was made by Alderman Bentley, seconded by Alderman Dickerson: That the appointment of
the Plumbing Examining Board be apprved. The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Planning Commission _
Reappointment of Frank Waggener for a five gear term.
Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the appointment be approved.
The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Pir. Cy Bond, Jr. presented final plat of First Addition of North Richland Subdivision lying in the
SW~ SE's of Section 2, T-6-N, R-8-E. The Planning Commission had recommended approval of the Plat
on February 24th. After discussion of lot markers, installation of utilities, requirements of
Ordinance No. 412, and subdivision requirements in other cities, motion was made by Alderman Bentley,
seconded by Alderman Smith: That the Final Plat of North Richland-First Addition be approved. The
voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley.
Nay: None.
Order was made that copies of Preliminary and Final Plats be submitted: to the Council for study
prior to request for approval.
~lti
Replat of Lot 6, Block 10 and that part of Rice Street lying south of Vanderbilt Avenue First
Addition, Westwood Acres, Lying in the ia~j Of Section 13, T-6-N, R-8-E was presented by Mr. Bond,
who informed the Council Rice Street had been vacated and the additioci lots plated. After
discussion, motion was made by Alderman Bentley, seconded by Alderman Horton: That the Replat of
Lot 6, Block 10, Westwood Acres be approved: The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
Nay: None.
Mayor Rodgers brought to the Council's attention complaints of dogs running loose, and on March 8th
a polioatan will be assigned to the dog truck in an effort to pick-up the stray dogs. Also, identificatio
stickers :have been ordered for trucks that have privilege license in an effort to check on out of town
concerns doing business in West Memphis.
Alderman Smith requested attention be given parking of vehicles in the streets in violation of City
Ordinances.
Chief Romine informed the Council the Department is in need of replacement for a police car, and
the Police Co~iasion had recommended the purchase. Motion was made by Alderman Grimsley, seconded
by Alderman Harris: That the Mayor be authorized to advertise for bids for a police car. The voting
was recorded as follows;
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
Nay: None.
Mayor Rodgers informed the Council he had requested City Attorney Wallin to prepare an ordinance for
levying a supplemental tax upon preparation and serving of mixed drunks or for the cooling and serving
of beer and wine. The ordinance entitled "An Ordinance To Amend Ordinance No. 609 Of The City Of
West Memphis, Arkansas, Levying An Annual Permit Fee Upon Ali Private Non-Profit Associations And/Or
Corporations Established For Fraternal, Patriotic, Recreational, Political, Social And Other Mutual
Purposes, As Authorized By Law, Established Not For Pecuniary Gain, Wherein Said Non-Profit
Associations And/Or Corporations Have Been Granted A Mixed Drink Permit From The Arkansas Beverage
Control Board, Pursuant To Act 132 Of The 1969 Acts Of Arkansas; Declaring An Emergency And For
Other Purposes" was introduced by Alderman Hightower, and the City Attorney read the ordinance in full.
Alderman Scott, seconded by Alderman Horton, moved that the rule requiring the reading of an
ordinance 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: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
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 the second time by the City Attorney.
Alderman Dickerson, 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:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
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 the third time by the City Attorney.
Alderman Grimsley, seconded by Alderman Harris, 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: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
Nay: None.
Alderman Hutcherson, seconded by Alderman Smith moved that Section 6, the emergency clause be adopted,
and on roll call the following voted:
.Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
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. 668.
The ordinance read as follows:
3i'7
ORDINANCE NO. '~ ~ (5
AN ORDINANCE TO AMEND ORDINANCE NO. 609 OF THE
CITY OF WEST MEMPHIS, ARKANSAS, LEVYING AN ANNUAL
PERMIT FEE UPON ALL PRNATE NON-PROFIT ASSOCIA-
TIONS AND/OR CORPORATIONS ESTABLISHED FOR FRATERNAL,
PATRIOTIC, RECREATIONAL, POLITICAL, SOCIAL AND OTHER
MUTUAL PURPOSES, AS AUTHORIZED BY LAW, ESTABLISHED
NOT FOR PECUNIARY GAIN, WHEREIN SAID NON-PROFIT
ASSOCIATIONS AND/OR CORPORATIONS HAVE BEEN GRANTED
A MAED DRINK PERMIT FROM THE ARKANSAS BEVERAGE
CONTROL BOARD, PURSUANT TO ACT 132 OF THE 1969
ACTS OF ARKANSAS: DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
Section 1. Ordinance No. 609 of the City of West Memphis, Arkansas,
is hereby amended to read as follows;
"Section 1. That pursuant to Act 132 of the 1969 Acts o.f Arkannsas,
an annual permit fee in the amount of $20.00 is hereby levied and assessed
on each and every non-profit association and/or corporation established for
fraternal, patriotic, recreational, political, social and other mutual purposes
as authorized by law established not for pecuniary gain; within the City of West
Memphis, Arkansas, wherein said organization has been granted a permit
under the authority specifically set forth in Act 132 of the 1969 Acts of
Arkansas.
Section 2. Said permit fee shall be due and payable on January 1st
of each year by all such non-profit Associations a.nd/or corporations herein-
before set out and said permit fee shall become delinquent on the 1st day of
February thereafter. Any such non-profit association and/or corporation;_
as hereinbefore mentioned from which a permit fee is payable to the City
of West Memphis under this Ordinance subsequent to January 1st of any
year, shall immediately apply for and pay the permit fee provided for i.n
this Ordinance and if same is not paid within thirty days after such non-profit
association and/or corporation is granted a permit by the Alcoholic Beverage
Control Board pursuant to the authority of Act 132 of the 1969 Acts of Arkan-
sas, then said fee shall be delinquent and the Chief of the West Memphis Police
r
,ii1~~i
Department shall forthwith notify the Alcoholic Beverage Control Board
o f such delinquency and request that said permit issued by the Alcoholic
Beverage Control Board be revoked, according to Act 132 of the 1969 Acts
of Arkansas.
Section 3. That pursuant to Act 132 of the 1969 Acts of Arkansas,
there is hereby levied a supplemental tax of ten perce.ntum (10%) upon the
gross proceeds or gross receipts of such associations and/or corporations
as are mentioned in Section 1 hsreof, from the charges to members for the
preparation of and serving of such mixed drinks or for the cooling and serving
of such beer and wine, pursuant to Act 132 of the 1969 Acts of Arkansas.
Section 4. Said supplemental tax shall be reported and paid to the
Clerk of the City of West Memphis pursuant to Act 132 of the 1969 Acts of
Arkansas,
Section 5. All ordinances or parts of ordinances in conflict here-
with are hereby repealed.
Section 6. It is found and determined by the City Council of the
City of West Memphis, Arkansas, that additional revenues are needed by
the City of West Memphis a.nd the legislature of the State of Arkansas has
authorized the levying of the fee and tax specified herein and therefore this
Ordinance is immediately necessary for the health, safety and well being of
the citizens of West Memphis; therefore an emergency is declared to exist
and this Ordinance shall be in full force and effect from and after its• passage,
approval and publication as required by ~~*~**
Mayor Rodgers reported on a trip to Hot Springs with Alderman Scott, City Attorney Wallin, and
Municipal Judge Fairley to obtain information on revenue received by the City of Hot Springs from
the Race Track, also a conference with Representative McCuiston to have a Bill introduced in the
General Assembly to secure Sbuthland's one-third of the breakage and one-third of the uncashed
tickets for the City.
Alderman Scott brought to the Council's attention the Civil Service Act had been signed by the
Governor, but since will be sixty days before becomes effective that the City Attorney prepare
an ordinance to create a Commission to be adopted when the Act becomes effective. The motion
was seconded by Alderman Smith. The voting was recorded as follows:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and
Grimsley.
Nay: None.
Mayor Rodgers requested the Fire and Police Commissions assist the City Attorney in preparing the
ordinance.
Alderman Horton brought to the Council's attention the controversy involving Southland RaceTrack,
and suggested the Council request the Legislative Delegation of Crittenden County to support the
J. B. Smith Bill. Hearing on the matter in Little Rock, concern of the community, control, and
management were discussed; thereupon City Attorney Wallin read the following Resolution:
RESOLUTION N0. 411
WHEREAS, House Bill No. 428 has been introduced in the present session of the Arkansas Legislature;
and,
WHEREAS, said Bill is of great importance to the City of West Memphis, in that it will provide for
additional protection to the residents of the City of West Memphis, through appropriate controls of
Southland Racing Corporation which is located within the City of Weat Memphis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the Mayor is
hereby requested to inform the legislative delegation of Crittenden County that the City of West
Memphis strongly desires that House Bill No. 428 be promptly adopted and passed in its present form
and without modification, and that a companion Bill be promptly introduced in the Arkansas Senate
in the same form and without modification as House Bill 428 and that same be promptly passed into
law. That the Mayor be requested to advise the Crittenden County legislative delegation that the
City Council deems this proposed legislation to be in the best interest of the health, safety and
welfare of the inhabitants of the City of Weat Memphis, and that same should be supported by the
Crittenden County delegation and all necessary steps taken to see that House Bill No. 428 shall
become law promptly and without modification.
~,~x***
The voting was recorded as follows:on a roll call vote:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley.
Nay: None.
Alderman Smith refrained from voting.
Recess was called, and Alderman Smith was ,excused from the meeting.
After the recess, the meeting was called to order by Mayor Rodgers.
The Mayor stated that consideration should be directed by said Council to the question of the
passage and adoption of an Ordinance to provide for the lease of certain lands and buildings to
Mid-South Foundry, Inc., in the undertaking to secure and develop industry within or near the
City of Weat Memphis.
After discussion by said Council, Alderman Hutcherson introduced in writing an Ordinance entitled,
"An Ordinance Providing For The Lease Of Certain Lands And Buildings To Mid-South Foundry, Inc."
which Ordinance was read in full by City Attorney Wallin.
Alderman Harris then moved that the rule requiring an ordinance or resolution to be read in full on
three different days be suspended, and that said ordinance be placed on its second reading, which
motion was seconded by Alderman Grimsley, and thereafter the Mayor put the question on the adoption
of said motion, and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;.
and the following voted:
Nay: None.
Thereupon, the Mayor declared the motion duly passed and said ordinance placed on it second reading.
The ordinance was then read in full by the City Attorney.
Alderman Bentley then moved that the rules be further suspended and the ordinance be placed on its
third and final reading. This motion was seconded by Alderman Dickerson, and after due consideration
thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll
being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: -None.
Whereupon, the Mayor declared the motion duly carried and said Ordinance placed upon its final reading.
Said Ordinance was then read in full by the City Attorney. Alderman Horton moved its adoption, which..
motion was seconded by Alderman Scott, and of ter due consideration thereof by said Council, the Mayor
put the question upon the adoption of said motion and the passage of said Ordinance, and the roll
being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: None.
Whereupon, the Mayor declared said motion duly adopted and said Ordinance duly passed, and signed his
approval to said Ordinance; the same was attested by the Clerk and impressed with the seal of the City.
Alderman Hightower then moved that said Ordinance go into immediate operation and become effective
without delay becuase of the emergency declared in the final section of said Ordinance, which section
was then read in full, seconded by Alderman Hutcherson. The Mayor put the question on the adoption
of said motion, and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: None.
Whereupon, the Mayor declared said motion duly passed.
~~0
Said Ordinance, to which no amendment was offered, read as follows:
ORDINANCE N0. ~ C
~.
AN ORDINANCE PROVIDING FOR THE LEASE OF CERTAIN
LANDS AND BUILDIA'GS TO h1ID-SOUTH FOUNDRY, INC.
WHEREAS, the City of West Dtemphis, County of Crittenden,
and State of Arkansas, has heretofore undertaken an effort to -
develop industry within or near the City of West Memphis, and to
that end has caused an election to be held to determine whether
the City of {Vest 1`temphis shall issue fi250,000.00 of Industrial
Development Revenue Bonds under the provisions of Act 9 of the
General Assembly of the State of Arkansas for 1960, said issue
of bonds to be subject to conversion and such other terms as the
City of West Memphis may find appropriate or desirable in the sale
of the bonds; and
WHEREAS, at said election the electors of the City of {Vest
Memphis voted in favor of the issue of said bonds; and
Vrl-iEREAS, it is contemplated that the City of {Vest ~1emphis .
shall execute and deliver to Diid-South Foundry, Inc., a corpora-
tion organized and existing under the laws of the State of Arkansas,
a lease of certain lands and buildings for the expansion of its
metal castings manufacturing plant, the industrial development
project for which the City of {Vest Memphis caused the said election
to beheld;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST btEMPHIS:
fiction 1. The Ptayor and City Clerk of West Dtemphis are
hereby authorized, for and on behalf of the City and in its name,
to execute and deliver to D1id-South Foundry, Inc., a lease sub-
stantially in the form as follows:
(A true copy of the Lease authorized to be executed, is
on file with the City Clerk of the City of {Vest btemphis, and
is available for inspection by any interested person. The Lease
is omitted from this publication under the authority of Arkansas
Statutes, Section 13-1605.)
Section 2. 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 to promote the safety, health and welfare of its
citizens. It is, therefore, declared that an emergency exists,
i
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.
******~
The Mayor then stated that consideration should be directed by said Council to the question
of the passage and adoption of an Ordinance to provide for the issuance of bonds for the purpose
of securing and developing industry within or near the City of West Memphis.
After discussion by said Council, Alderman Hightower introduced in writing an Ordinance entitled,
"An Ordinance Providing For The Issuance Of $265,000.00 Of Industrial Revenue Bonds Under
Authority Of Act No. 9 Of 1960 For The Purpose Of Securing And Developing Industry Within Or
Near The City Of West Memphis, Arkansas; Authorizing The Execution And Delivery Of A Trust
Indenture Securing The Said Bonds; Authorizing And Prescribing Other Matters Pertaining To Said
Industrial Development, Its Construction, Hnd Its Financing; And Declaring An Emergency", which
Ordinance the City Attorney read in full.
Alderman Scott then moved that t he rule requiring an ordinance or resolution to be read in full
on three different days be suspended, and that said Ordinance be placed on its second reading,
which motion was seconded by Alderman Horton, and thereafter the Mayor put the question on the
adoption of said motion, and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, aid Grimsley;
and the following voted:
Nay: None.
Thereupon, the Mayor declared the motion duly carried and said Ordinance placed upon its second
reading. The ordinance was then read in full by the City Attornay.
Alderman Dickerson then moved that'the:ruies'be further suspended and>the ordinance be placed
on its-third and final 'reading. This motion. was seconded by Alderman Bentley, and after due
tbnsideraton thereof by said CoUiicil ttie Mayor - put th2'questiod on the adoption of the motion,
and upon-the roll being called, the following ~Yoted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: None .
6jhereupon, the Mayor declared the motion-duly carried-and said Ordinance placed upon its finale
reading.
Said Ordinance was then read in full by the City Attorney. Alderman Grimsley moved its adoption,
whiclY motion was. seconded by Alderman Harris, and'.after due consideration thereof by said
Council, the Mayor put the question upon the adoption of said motion and the passage of said
ordinance, and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: None .
Whereupon, the Mayor declared said motion duly adopted and said ordinance duly passed, and signed
his approval to said ordinance; the same was attested by the Clerk and impressed with the seal of
the City.
Alderman Hutcherson then moved that said ordinance go into immediate operation and become
effective without delay because of the emergency declared in the final section of said ordinance,
which section was then read in full, seconded by Alderman Hightower. The Mayor put the question
on the adoption of said motion, and the roll being called, the following voted:
Aye: Aldermen: Harris, H ightower, Horton, Hutcherson, Scott, Bentley, Dickerson, and Grimsley;
and the following voted:
Nay: None.
Thereupon, the Mayor declared said motion duly passed.
Said ordinance, to which no amendment was offered, read as follows:
i3l
_r.
ORDINANCE N0. ~/ J~
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $265,000.00
OF INDUSTRIAL REVENUE BONDS UNDER AUTHORITY OF ACT N0.
9 OF 1960 FOR TILE PURPOSE OF SECURING AND DEVELOPING
INDUSTRY WITHIN OR NEAR THE CITY OF WEST htEhtPHIS,
ARKANSAS; AUTIIORIZIA'G THE EXECUTION AND DELIVERY OF
A TRUST INDENTURE SECURING THE SAID BONDS; AUTHOR-
IZING AND PRESCRIBIhlG OTHER MATTERS PERTAINING TO
SAID INDUSTRIAL DEVELOPhIENT, ITS CONSTRUCTION, AND
ITS FINANCING; AND DECLARING AN Eh1ERGENCY
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
Wt1EREAS, the City has made the necessary arrangements with
hlid-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 Dtemphis, Arkansas (hereinafter referred to
as the "Project"), whic}i 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 unemployn~a0.t, increased employment, substantial payrolls
and other public ben~f~ts flowing from the operation of the plant
and appurtenant facilit~~~; and
~~3
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
{YHEREAS, 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 7.25 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 iniversal 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, and 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 $250,000 of Industrial Development Revenue Bonds
bearing interest at the rate of 7.25$ per annum, into an issue of
$265,000 of bonds bearing interest at the rate of 6$ 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 t,fid-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 Dtid-South, which Lease Agreement
-2-
was authorized by Ordinance No. ~ of the City of West Memphis,
Arkansas passed and approved on the ~'/ ~~day of ~ ,
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-
ment Revenue Bonds in the principal amount of $265,000 should be
authorized for issuance, sale and delivery as hereinafter provided,
NO}V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST h1Eb1PHIS, 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 3265,000 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 Mayor and
City Clerk are hereby authorized and directed to cause the Trust
Indenture to be.~ccepted, executed and acknowledged by the Trustee,
Simmons First National Ban}: of Pine Bluff, in Pine Bluff, Arkansas,
with the Trust Ind®nture, which constitutes and is hereby made a
part of this Ordinance, to be in substantially the following form,
to-wit:
(A true copy of the Trust Indenture authorized to be
executed, is on file with the City Clerk of the City of West
Dlemphis, and is available for inspection by any interested
person. The Trust Indenture is omitted from this publication
under the authority of Arkansas Statutes, Section 13-1605.)
~~~
Section 3. 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 other~rise to take all
action necessary to the realization of the City's rights and to
the discharge of the City's obligations as Lessor under said Lease
Agreement, and as party of the first part under said Trust
Indenture.
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 Arkansas 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.
~~b
Alderman Hightower presented complaints as to water drainage on S. 17th Street. Mr. Cy Bond, Jr.
stated the Drainage District is advertising for bids for work that will alleviate some of the
problems.
Alderman Dickerson congratulated Mayor Rodgers on the Anniversary of his first year as Mayor.
Alderman Bentley requested information on regair date for the railroad crossing on Broadway,
and was informed by the Mayor would be approximately 90 days.
Alderman Grimaley brought to the Council's attention a City Bus is parking at the corner of
Missouri and Dover Road obstructing the view of traffic.
Alderman Harris presented complaint as to a blind corner at 12th and Polk, and the City Attorney
was requested to ascertain State statutes on control of blind corners.
There being no further business, the Council adjourned.
ATTEST:~~ ~''<'~~G~ ,
CITY
c ~ ~ .
.~
MAYOR
APPROVED: MA12CH 1~ 1971