March 17, 19662U
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 17TH DAY OF MARCH, 1966•
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock p.m. on the 17th day of
March, 1966. The following were present: Mayor Bob Eden; Deputy City Clerk, City Attorney
W. H. Dillahunty; and Aldermen: F. C. Weis, Franklin Bassett, 0. I. Bollinger, R. C. Bowie,
Earl Felts, Kirby Leggett, Paul Matthews, and C. H. Rowton.
Absent: None.
The following proceedings were had to-wit:
Minutes of Council Meeting on February 17, 1966, were approved as read.
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Mayor Eden welcomed members of DeMolay, who had been selected as Junior City Officials
for the day.
Mr, and Mrs. J. A. Johnson and Mr. B. B. McCarley of the J & M Investment Company and
their Attorney, Mr. Ralph Sloan, appeared to request action of the Council on their rezoning
application that had been denied by the Planning Commission. Excerpt from the Planning
Commission Meeting on March 10th was read. Mr. Johnson stated they had not contemplated any
opposition to the rezoning, therefore, had not had any residents of the area there in favor
of the application, however, at this time approximately twelve were present, and they had a
petition signed by thirty-one property owners in the area. Amongst those present and speaking
in behalf of the rezoning were: Sheriff Marion Thomas, Mr. Eugene Parks - 507 Ingram,
Mr. John L. Roach - 403 Ingram, Mr. H. D. Torian - 1929 McAuley Drive South, Mrs. H. M. Rushing -
700 McAuley Drive East. The Council was informed the objectors were not present as not aware
that the matter was to be on the agenda of this meeting. After discussion, motion was made by
Alderman Weis: That the Planning Commission be requested to reconsider the application of
J & M Investment Company on April 7 upon the applicant giving proper Notice. The motion was
seconded by Alderman Matthews. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
Mayor Eden brought to the Council's attention plans to eliminate the underpass on East Cooper
by creating a crossing over the railroad tracks whereby the railroad shall retire the bridge and
fill the underpass, and the City shall construct and maintain approaches to the crossing. Thereupon,
the following Resolution was presented:
RESOLUTION N0. 294
WHEREAS, the City of West Memphis, Arkansas, has entered into negotiations with
St. Louis-San Francisco Railway Company, for the extension of Cooper Street over the railroad
crossing, and;
WHEREAS, an agreement has been forwarded to the City of West Memphis for execution which
provides for the completion of said project pursuant to the terms contained therein, and;
whereas, it is necessary that the Mayor and City Clerk be authorized to execute said agreement
on behalf of the City of West Memphis, Arkansas;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas,
that the Mayor and the City Clerk be, and they are hereby authorized and directed to execute
the agreement filed herein with the St. Louis-San Francisco Railway Company for the purpose of
providing a crossing over Cooper Street as set forth in said agreement.
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Motion was made by Alderman Rowton: That the Resolution be adopted as presented. The
motion was seconded by Alderman Leggett. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
Mayor Eden informed the Council an organization has been formed to be known as the
Ozard Express Route for the devising of plans to have Interstate Highway 129 from Birmingham
to Memphis extended through Nest Memphis, Newport, Batesville to Kansas City. Due to the
organization having no funds available for operation, the Board of Directors have requested
each City participating pay $10.00 per thousand population with a minimum of $20.00 and a
maximum of $80.00. After discussion of the advantages to West Memphis if the route is
extended, motion was made by :::Alderman Weis: That the Mayor be authorized to pay $80.00 for
the City's participation in the 6zark Express Route. The motion was seconded by Alderman
Rowton. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The following letter was read:
March 4, 1966
The Honorable R. E. Eden, Mayor
City of West Memphis
West Memphis, Arkansas
Dear Mr. Mayor:
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As you know, I am attorney for Ark-Cable, Inc., this City, and in conformity with our
telephone call of March 3, 1966 I wish at this time, on behalf of said Corporation, to
withdraw the pending application for a CATV Franchise system in the City of West Memphis.
However, we certainly do intend to, at a later date, submit an additional application.
With kindest personal regards, I remain
Very truly yours,
~' /S/ V. E. SKILLMAN, JR.
The Council was advised the request could be granted or the ordinance presented for the
third reading. After discussion, motion was made by Alderman Felts: That the request
of Ark-Cable Inc. to withdraw pending application for CATV Franchise system be granted.
The motion was seconded by Alderman Bowie. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
After recommendation of Mayor Eden that all proposals received for Cable TV be studied
by the City Attorney from a legal and business angle and an opinion on each proposal be
rendered by the City Attorney, it was agreed that the Mayor mail copies of each proposal
received to the Aldermen.
Recommendations of the City Planning Commission and the Crittenden County Planning
Commission as to the rezoning application of Holiday Gardens, Inc. were presented. The
area lies outside the city limits between N. 7th and 9th Streets across from the Midsouth
Foundry and Pidgeon Thomas industrial area. After discussion an ordinance entitled "An
Ordinance To Re-Zone And Re-Designate Certain Property" was introduced by Alderman Rowton,
and Alderman Weis read the ordinance in full.
Alderman Bowie, seconded by Alderman Bollinger, 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:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The motion was carried and the rule suspended. The ordinance was then read by Alderman
Bassett. A]:dermah Weis, seconded by Alderman Matthews 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:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: 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 Alderman Leggett.
Alderman Felts, seconded by Alderman Rowton, 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:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. _
No: None.
Alderman Weis, seconded by Alderman Bowie, moved that Section 2, the emergency clause,
be adopted, and on roll call the following voted:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and 8owton.
No: 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
theuCity. The ordinance was given No. 494.
ORDINANCE N0. 494
AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY
WHEREAS, Holiday Gardens, Inc. has petitioned the Planning Commission of the City of
West Memphis to re-zone and re-designate the property hereinafter described, located outside
the city limits of West Memphis, Arkansas, from RS-7 Single Family Residence District to M-1
Limited Industrial District; and
WHEREAS, notice was duly published on February 22, 1966 as provided by law of a hearing
to beheld before the Planning Commission of the City of West Memphis at the City Hall at
5:00 p.m. on March 10, 1966 for the purpose of hearing any interested parties in connection
with the re-zoning and re-designating of said lands; and
WHEREAS, at said meeting on March 10, 1966 said petition was considered by the Planning
Commission of the City of West Memphis and no persons appeared to protest the same and the
Planning Commission recommended to the County Planning Board of Crittenden County, Arkansas,
that said petition be granted; and -„
WHEREAS, at a meeting of the County Planning Board held at the County Courthouse in
Marion, Arkansas, on March 15, 1966 at 1:30 p.m., the recommendation of the Planning Commission
of the City of West Memphis, Arkansas, was.. considered and by unanimous approval of said County
Planning Board, at which a quorum was present, it was recommended that such re-zoning be approved
and that the Planning Commission of the City of West Memphis be so advised; and
WHEREAS, the report of the County Planning Board of Crittenden County, Arkansas, was
received by the Planning Commission of the City of West Memphis, Arkansas, and the Planning
Commission has recommended to the City Council that said petition for re-zoning and re-designating
the hereinafter described property as applied for be granted; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION I:
That the following described property, to wit:
The west 690 feet of that part of the EZ of Section 7, Township 6 North, Range 9 East,
lying north of the center line of Ten Mile Bayou,
be and the same is hexdJy re-zoned and re-designated as M-1 Limited Industrial District.
SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the
property above described is in the process of development; that the passage of this Ordinance
is in the interest of the public peace, health, safety and welfare of the citizens of West Memphis;
therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and
effect from and after its passage and approval.
Mr. Abbott Widdicombe appeared before the Council to request an "off the record" opinion as
to annexaction of Lakeshore Estates Trailer Park north of the present city limits before any
legal action is taken. Mayor Eden informed Nr. Widdicombe the matter had been considered, and
the chief objections were the inaccessibility to the property inasmuch as the fire trucks would
have to leave the city limits then re-enter the city limits, and the ability of the Utility
Commission to provide utilities to the area. After consideration, it was the concensus of opinion
if the potential objections can be eliminated it would be advantageous to the City to have the
property annexed.
The Mayor stated that consideration should be given to an ordinance authorizing a Lease and
Agreement by and between the City and Flint Steel Corporation and other matters relating thereto.
This was a matter with which the Council was familiar and after a discussion, Aldermn Felts
introduced an ordinance entitled "An Ordinance Authorizing A Lease And Agreement By And Between
The City Of West Memphis, Arkansas As Lessor, And Flint Steel 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 By The Mayor And
City Clerk For And On Behalf Of The City; Prescribing Other Matters Pertaining Thereto; And
Declaring An Emergency", and Alderman Leggett read the ordinance in full.
Alderman Bassett, seconded by Alderman Matthews moved that the rule req~ing 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, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton;
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 Alderman Leggett.
Alderman Bollinger, seconded by Alderman Bowie 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, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton;
and the following voted:
Nay: None.
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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 Alderman Weis.
Alderman Rowton, seconded by Alderman Felts, moved that the ordinance be adopted. The
question was put by the Playor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton;
and the following voted
Nay: None.
Alderman Leggett, seconded by Alderman Bassett, moved that Section 5, the emergency clause,
be adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton;
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. 495.
Motion was made by Alderman Rowton: That the Mayor and City Clerk be and they are hereby
authorized to sign the Lease Agreement provided a separate instrument is entered into at the
same time with Flint Steel for the payment of an amount that would be equal to the taxes if
Flint Steel Corporation desires to exercise their option to extend lease term rather than
purchase property at end of lease term. The motion was seconded by Alderman Leggett, and upon
vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton;
and the following voted
Nay: None.
The ordinance read as follows:
ORDINANCE NO. 1195
AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT HY AND BETWEEN THE CITY OF WEST MEMPHIS,
ARKANSAS BY LESSOR AND FLINT STEEL CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND
WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE: AUTHOR-
IZING THE EXECUTION AND DELIVERY OF SAID LEASE AND AGREEMENT BY THE MAYOR AND CITY CLERK
FOR AND ON BEHALF OF THE CITY; PRESCRIBING OTHER MATTERS PERTAINING 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 anTTgreement wherein the City of West Memphis, Arkansas (herein called "City") is Lessor
and Flint Steel Corporation, a corporation organized under and existing by virtue of the laws
of the State of Oklahoma but authorized to do business in the State of Arkansas, is Lessee, in
substantially the form and with substantially the contents hereinafter set forth, and the Mayor
and City Clerk be, and they are hereby, authorized to execute, acknowledge and deliver said Lease
and Agreement which are hereby approved and which are made a part hereof shall be substantially
as follows:
(Advice is hereby given that a copy of the Lease and Agreement is on file in the
office of the City Clerk, and reference may be had thereto by any interested
person.)
Section 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed,
for anc~on brie alf 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 said 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 of ordinances in conflict herewith are hereby
repealed the extent of such conflict.
Section 5. That there is hereby found and declared to be an immediate need for a
substan~i~clevelopment of industry within the City of West Memphis, Arkansas 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 Agreement authorized by this Ordinance is 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.
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Alderman Franklin Bassett was excused from the meeting, it being determined a quorum was
present the meeting continued as follows:
The Mayor stated that consideration should be given to an ordinance authorizing the issuance
of Industrial Development Revenue Bonds under Act No. 9 and authorizing the execution and delivery
of a Trust Indenture. This was a matter with which the Council was familiar and after a discussion,
Alderman Rowton 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; And
Authorizing And Prescribing Other Matters Pertaining To Said Industrial Project; And Declaring
An Emergency" and Alderman Weis read the ordinance in full.
Alderman Bowie, seconded by Alderman Bollinger, moved that the rule requiring the reading of an
ordinance or resolution in full on three different days be auspended 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, Bollinger, Bowie, Felts, Leggett, Matth~rs, Rowton; 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 Alderman Weis.
Alderman Matthews, seconded by Alderman Leggett hmen 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, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton; 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 Alderman Bollinger.
Alderman Felts, seconded by Alderman Rowton, 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, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton; and the following voted
Nay: None.
Alderman Bowie, seconded by Alderman Bollinger, moved that Section 8, the emergency clause, be
adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton; 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. 496.
The ordinance read as follows:
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~~ORDINANCE NO . L~ 9
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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;
AND AUTHORIZING AND PRESCRIBING OTHER MATTERS
PERTAINING TO SAID INDUSTRIAL PROJECT; AND DECLARING
AN EMERGENCY.
WHEREAS the City of West Memphis, Arkansas (called "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 (called "Act No. 9"), to acquire lands, construct and equip manufactur-
ing buildings, improvements and facilities and to incur other costs and expenses
and make other expenditures incidental to and for the implementing and accomplish-
ing of the conduct of manufacturing operations; 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 and constructed and secured by a lien thereon; and
WHEREAS the necessary arrangements have been made with Flint
Steel Corporation, an Oklahoma corporation (called "Flint"), whereunder the
City will construct an industrial project, which protect will consist of lands,
buildings , improvements and facilities to be operated for the production of
pressure tanks for storage of Liquedfied Petroleum Gas and Anhydrous Ammonia,
specialized galvanized steel products and such other products as Flint shall
determine to manufacture or produce, with necessary incidental expenses and
expenditures in connection therewith (called the "Project" or the "Industrial
Project") and to lease the Project to Flint pursuant to the terms of a Lease and
Agreement subsequently identified herein and referred to as the "Lease Agreement";
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and
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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 the 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 Two Million Dollars ($2,000,000), (called "bonds" or "Act No. 9 Bonds");
and
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 the City has made the necessary arrangements for the sale
of the initial series of bonds in the principal amount of $1, 500, 000 (called "Series
A Bonds") at a price of par and accrued interest plus a premium of $65.00 for bonds
bearing interest at the rates of 4 1/4%, 4 1/2% and 5% per annum;
NOW , THEREFORE , BE IT ORDAINED by the City Council of the City
of West Memphis, Arkansas:
Section 1. That the sale of the Series A Bonds for the price set forth
above be, and the same is hereby, authorized, approved and confirmed:
Section 2. That there be, and there is hereby, authorized and directed
the following:
(a) The acquisition of the lands described in the Trust
Indenture hereafter authorized; and
(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 City Clerk for inspection by
any interested person; and
(c) The performance of all obligations of the City
under the Lease Agreement pertaining to the con-
structing and equipping of the Project and the
performance of all obligations of the City under
said architectural, engineering and construction
contracts referred to in (b) above.
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Section 3. '.hat to provide for the authorization of and to secure
Industrial Develo{ ment ^.F'~ru~ ~oncls of tha Cit,r ""ci"r nat rln • 9 in the total
principal amount of not to exceed Two Million Dollars ($2,000,000) to furnish
the permanent financing o: the Project costs, pay the expenses of issuing the
bonds, pay necessary costs, expenses and fees and making necessary expen-
ditures incidental to the const:l:cting, equipping and operation of the Project,
and provide for the interast on the bonds until Project revenues are available,
to provide for the delivery of Series A Bonds in the principal amount of $1, 500, 000,
and to prescribe the terms and conditions upon which the bonds are to be secured,
executed, authenticated, accepted, held and paid, the Mayor is hereby authorized
and directed to execute a:.d acknowledge a Trust Indenture, and the Clerk is
hereby authorized and directed to execute and acknowledge the Trust Indenture
and to affix the seal of fire City thereto and to attest the same, and the Mayor
and Clerk are hereby authorized and directed to cause said Trustlndenture to be
accepted, executed and acknowledged by the Trustee, First National Bank of
Memphis, Memphis, Ten..essee, with the Trust Indenture, which constitutes and
is hereby made a part of this Ordinance, to be in substantially the following form,
to-wit:
(Advice is hereby given that a copy of the form of Trust
Indenture is or. file in the office of the City Clerk, and
reference may be had thereto by any i;.terested person.)
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Section 4. That the Mayor and 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 Series
A 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 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 conferred by this ordinance and the Trust Indenture,
or to evidence laid authority and its exercise .
Section 5. That since the City is here involved with the constructing
and equipping of a complex industrial project, requiring highly. specialized work
and specialized types of machinery and equipment, it has been and is hereby
determined by the City Council that competitive bidding is not feasible or
practical. Therefore, any requirements under ordinances of the City or under
the laws of the State of Arkansas for competitive bidding be, and the same ire
hereby, waived as to this particular industrial project. This action is taken by
the City Council pursuant to applicable laws of the State of Arkansas, including
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particularly Section 5 of Act No. 28 of the Acts of Arkansas of 1959 (Ark. Stats.
(1963 Cumulative Pocket Supplement) Section 19-4425).
Section 6. That the provisions of this Ordinance are hereby declared
s
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 and provisions .
Section 7. That all ordinances, resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
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Section 8. lira: ihe:e is hereby found and declared to be an immediate
nn~rl fir the sectsin^ n ,... -,;ink of suhsr.-nt.- i:::;,atrial ~porationa in order
to provide additional er:.pioynant, alleviate unemployment and otherwise benefit
the public health, safety and welfare of the City and the inhabitants thereof, and
the issuance of One bonds autYiorized hereby and t.~e taking of the other action
auhorized herein are in:: ;eciately necessary in connection with the securing
and developing of substantial industrial operations and deriving the public benefits
referred to above. It is, t.erefore, declared that an emergency exists and this
i
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
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its passage.
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There being no Further business, the Council adjourned.
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'"- MA
ATTES -
APPROVED: APRIL 7, 1966