Loading...
January 5, 1967MINUTES 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 5TH DAY OF JANUARY, 1967. -____._ ..._.~...______r_____.__~..~___~ _ _._ ~ ._._~ __._._._~----.~~_s_~_ -______.__-- -.- The Council of the City of West A'emphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Ha11 in said City, at 3:00 o'clock P.M. on the 5th day of January, 1967. The meeting was called to order by the Mayor, and the roll being called, there were: Present: Bob Eden, Mayor in the chair, and the following named Aldermen: 0. I. Bollinger Paul Matthews Sonny Haley C. T. Rodgers Pritchard Horton R. L. Smith Kirby Leggett F. C. ideis and also W. H. Dillahunty, City Attorney:: Absent: None. Council Minutes of December 15, 1966, were approved as read. The new members of the Council were welcomed by the Mayor. Mayor Eden appointed the following: Charles F. Young, Chief of Police Motion was made by Alderman Bollinger: That the appointment of Chief of Police Charles F. Young be confirmed. Motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horto3~, Leggett, Matthews, Rodgers, Smith, Weis. Nay: None. R. L. Simmons, Chief of Fire Department Motion was made by Alderman Matthews: That the appointment of Fire Chief R. L. Simmons be confirmed. Motion was seconded by Alderman Smith. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. Nay: None. W. A. Perrine as Building, Electric, Plumbing, and Gas Inspector Motion was made by Alderman Rodgers: That the appointment of 4d. A; Perrine as Building, Electric, Plumbing, and Gas Inspector be confirmed. Motion was seconded by Alderman Haley. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. Nay: None. Mayor Eden brought to the Council's attention the July U, 1966, order of the County Court of Crittenden County annexing certain territory to the City of West Memphis. The 1l~ff.5 acres known as part of the Rainer property includes the site of Flint Steel Corporation. After discussion, Alderman Weis introduced an ordinance entitled: "An Ordinance Annexing The Following Described Real Estate Lying And Being Situate In The County Of Crittenden, State of Arkansas" and City Attorney Dillahunty read the ordinance in full. Alderman Matthews, seconded by Alderman Horton, moved that the rule requring 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: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. 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 City Attorney. Alderman Smith, seconded by Alderman Weia 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: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. 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 Leggett. ~.9 ~~ Alderman Bollinger, seconded by Alderman Rodgers, moved that the ordinance be adopted. The question was iput by the Mayor on the adoption of the motion and the i roll being called, the following voted: ', Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. Nay: None. Alderman Aatthews, seconded by Alderman Horton, moved that Section 2, the emergency clause be adopted, and „on roll call the following voted: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis. 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. 51l~. AN ORDINANCE ANNEXING THE FOLLOWING DESCRIBED REAL ESTATE LYING AND BEING SITUATE IDI THE COUNTY OF CRIT'I'ENDEN, STATE OF ARKANSAS, TO-WIT: Beginning at the point of intersection of the east line of Section 23, Township 6 North, Range 8 East and the center line of the Chicago, Pock Island & Pacific Railroad, said point being on the existing city limits of the City of West Memphis, thence south 76 degrees 26 minutes west along the center line of the Chicago, Rock Island & Pacific F.ailroad ~'~~ to the point of intersection with the west line of Section 23, thence south 1225 feet, thence north 76 degrees 26 minutes east on a line parallel to the center line of the Chicago, Rock Island & Pacific Railroad to a point on the east line of Section 23, thence north 1225 feet along the east line of Section 23 to the point of beginning, containing 148.5 acres more or less. WIiEREAS, on the 4th day of May, 1966, owners of the above described land filed a petition in the County Court of Crittenden i '; County, Arkansas; pursuant to the petition the County Court on the 6th day of June, 1966, heard said petition and issued its order granting the petition for annexation of said land to the City of West Memphis; I i that no objections were filed and on the 8th day of July, 1966, ~I (a day more than 30 days after the original order of annexation), a final order of annexation was entered by the County Court; and WHEREAS, it would be to the best interest of the City of i~;est Memphis and the citizens thereof that said property be annexed to the City of West Memphis; DIOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: That the following described land lying and being situate in the County of Crittenden, State of Arkansas, to-wit: Beginning at the point of intersection of the east line of Section 23, Township 6 P7orth, Range 8 East and the center line of the Chicago, Rrclc Island & Pacific Railroad, said 100 1 ,I point being on the existing city limits of the City of Gdest Memphis, thence south 76 degrees 26 minutes ~.*est along the center line of the Chicago, Rock Island & Pacific Railroad ,' to the point of intersection with the west line of Section ` 23, thence south 12?.5 feet, thence north 76 degrees 2.6 6~ minutes east on a line parallel to the center line of the Chicago, Rock Island & Pacific Railroad to a point on the east line of Section 23, thence north 1225 feet along the east line of Section 23 to the point of beginning, containing 148.5 acres more or less; be and the same is hereby annexed and incorporated into the City of West Memphis, Arkansas. SF,CTION II: EMERGENCX CLAUSE - It is hereby ascertained and declared to be a fact that said land is in the process of development; that the extension of the city limits represents the natural growth of the city of G•?est Memphis, and 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. SECTION III; COPY OF ORDIDTADICE FILED FOR RECORD - A Copy of this ordinance, when duly certified by the City Clerk shall be subject to being filed for record in the office of the Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas, and any other office in which there may be necessity for filing same. The Council was informed the preliminary documents for the Southwest Chemical Corporation bond issue are being prepared by Attorneys Rose, Meek, House, Barron, Nash & Williamson of Little Rock, and the following Memorandum of Intent was read by City Attorney Dillahunty for the Council's consideration: 1(~1 --- MEMORANDUMS OF INTENT THIS MEMORAMIDUMI Ok° INTENT entered into this ~;,~,~, day of January, 1967, by and between the City of West Memphis, Arkansas, by its Mayor and City Clerk, hereinafter referred to as "City", and Southwest Chemical Corporation, a corporation organized and exisr.ing under the lacas of the State of Arkansas, hereinafter referred to as "Company", W I T N E S S E T H: For the purpose of expressing their intent to cooperate for the establishment and development of industry within or near the City of 4lest Memphis, it is hereby agreed betcaeen the parties as follows: 1. The Company is anxious to establish manufacturing and sales facilities for the production and distribution of chemical fertilizers on lands now owned by the Company in or near the City of tdest Memphis. The. Company desires that the acquisition and construction of these facilities be financed by the issuance of Industrial Development Revenue Bonds, under provisions of Act 9 of 1960, of the laws of the State of Arkansas. .The term "facilities" as used in this memorandum, includes not only lands, buildings, and similar irnpro~ements, but also includes the necessary machinery and equipment for the operation and utilization of the facilities. 2. The City is desirous of assisting the Company in locat° ing and constructing its facilities, and wishes to cooperate in the issuance of bonds for the necessary financing. 102 _ _. --- _-. --- 3, The City hereby agrees, subject to the conditions here- inafter set forth, to expend for the costs of the facilities, in- chiding the costs incidental to the financing of the project which includes a reserve for debt service, and certain preliminary operat- ing expenses, not to exceed a total of $28,500,000, subject to modification as the parties hereto may agree in the alteration of plans and specifications. 4. The City will finance the costs of the undertaking by causing to be issued under the provisions of Act 9 of 1960, its Industrial Development Revenue Bonds, in the aggregate principal amount of $28,500,000. Said bonds are to be sold in one or more series, and may be delivered in one or more installments, and are to mature and bear interest as may be subsequently determined by mutual a;reement between the City and-the Company. The security for said bonds cai11 be a statutory mortgage on the lands and build- ings constructed thereon, the pledge of the lease rentals to be received therefrom, and a security interest in such items of personal property as may be procured from the bond proceeds. The bonds will not be general obligations of the City, but will be special obligations, payable only from the rentals of the industrial facilities. At the present time it is not contemplated that the bonds will be subject to conversion to a higher principal amount at a lower interest cost, but if requested by the Company and the purchaser of the bonds, appropriate provisions will be provided in the ordinances for the conversion of the bonds provided that the total principal and interest requirements remain substantially the same as though the bonds were not converted. 1~3 5. The City will hold title to the said lands and improve- ments and will lease them under a pure net rental lease agreement to r_he Company, for a term and rental sufficient to meet the debt service requirements of the said bonds. It is anticipated that the principal amount of the bond issue will include the approximate amount of $286,000 which will be used to purchase the land now owned by the Company in or near the City of West Memphis, which represents the actual cost of the land and the indebtedness due on it. 6. The said lease of the lands and improvements thereon may (if requested by the Company) include an option to purchase the demised premises during the term of the lease, but after the bonds become subject to redemption, for a purchase price equal to the amount necessary to pay in full the unpaid balance of the bonds outstanding, and at the end of the lease term at a nominal price to be subsequently agreed upon. The said lease may also provide such renewal options as the Company may specify, consistent with the prior payment in full of the said bond issue. 7. So long as the title to the said land and buildings is held by the City, the City will not levy any property tax thereon, but commencing one year after the plant has been in operation, the Company will pay in lieu of such taxes a sum of money comparable to the tax which the Company would pay if it were the o~~mer of said lands and buildings and were situated in the City of Glest riemphis. The amount of the tax shall be the same rate paid by all property owners similarly situated in the City of West Memphis, and shall be for the joint benefit (in proportion to the 1a4 t<.x.:s levied by each) of the local School District, the County, the City, and any other taxing authority levying taxes in the City of West t•:emphis . 8. All proceedings and instruments hereunder shall be consistent caith the issuance of bonds under said Act No. 9 of 1960, and this Memorandum Agreement, and shall be subject to the approval of the City Attorney. 9. This Memorandum Agreement is conditioned upon a suc- cessful election under Act 9 of 1960 to authorize the issuance of the said Industrial Development Revenue Bonds. The City will cause the election to be held as early as permitted under the law, and ~oi11 in all things proceed diligently in the financing of the project. In the event, however, that said election shall fail, then this Memorandum Agreement shall stand cancelled, and neither party shall be liable to the other. 10. The Company has, or will contemporaneously with the execution of this Memorandum, deposit with the City the sum of $1,000 which will be applied to defray the costs of the election mentioned in Paragraph 9 hereof. The costs of the election shall include the publication of all ordinances and notices in connection therewith, the printing of ballots, and the costs of election officials. Should the actual costs of the election be less than the sum of $1,000 any balance remaining shall be refunded to the Company. l.l. The terms and conditions of the sale of said bonds shall fu-tthe be subject to an agreement entered into on the ~~ day of 1967, by and between the City of West Memphis and the investment banking firm of Rowles, Winston Corporation of Texas, cuhich is attached hereto and marked Exhibit "A" and made a part hereof. This agreement has been examined and approved by the Company, and the Company represents that it has actively participated in negotiations with said investment banking fixm, and agrees to all conditions contained in the said proposal. The city will take such steps as requested by Rosales, Winston Corporation of Texas, and its bond counsel, to complete all neces- sary acts on the part of the City, and the Company agrees to promptly perform such acts as may be required under the agreement by it. 12. In executing this agreement, the City and Company represent that all of the terms contained in this agreement and in the exhibits attached thereto have been fully discussed in legally held. meetings of the City Council and the Board of Directors, respectively, and that the officers executing and attesting the execution of this agreement are acting within the scope of their authority under authorization of the appropriate body. IN WITNESS WHEREOF, we .have hereunto set our hands and seals, the date first above written. AT~T :? ~ a: / /, ._~, City Clerk ATTEST : ~~ ~ ~ ~i CITY OF WEST MEMPHIS, ARKANSAS -~ By ,~;~~. ~~`~- c ~ ~;~ G ~ , Mayor SOUTHWEST CHEMICAL CORPORATION 1 B y <<~fi C~ ~ r ~:- .`7r; U~'~=ePresident 1Q5 ~o~xrl®~~ ~7V"ixz.~ton Cor~orata.ozZ Of Tearas td. M. HATCHER VIC E~PFESIDENT IN V[:ST1A f.NT OANICERS 200 FIRST NATION AI_ GANI< OUILDING DALLAS, TEYAS 75202 PHONE 214-740.0741 January ~, 1966. HOUSTON OFFICE SOUTHWEST TOWER Honorable Mayor and City Council City of West Memphis, Arkansas Gentlemen; We have examined numerous studies and reports related to the prospective construction of a fertilizer manufacturing facility to be located in or adjacent to West Memphis, Arkansas, Information which tae have in our possession contemp7.ates the financing of the project with proceeds from the issuance of City of [lest Memphis, Arkansas, Industrial Revenue Bonds to be issued under authority granted in Section 9 of the State of Arkansas Code, Our studies of the report of Moore Engineers, Inc, of Dallas, Texas, studies and proposals of the Girdler Corpora- tion of Louisville, Kentucky, and information furnished us by the Arkansas Industrial Development Commission, together with background i.nfo.rmation and industry studies, it is our firm conclusion that the construction and operation of the proposed plant with the incorporation of some modifications and changes is feasible and the bonds proposed to be issued can be sold at interest rates and maturities commensurate with the ability of the plant to produce a cash flow in accordance with projections of the Moore Engineers, Inc, We would suggest the acceptance of Case II as de- scribed in the Moore Engineers, Inc, report and the Girdler Corporation reports as the most feasible, This case stl_u.}y would, of course, be subjr~ct to modifications and changes in keeping with changes in market conditions, costs or other factors influencing the feasibility of the plant, The total projected amount of bonds tD be issued under Case II would be $28,221,000 which would include total financing including a plant operating fund as enumerated herein below, Ammonia Plant $4,850 000 Ammonia Storage , 685 000 Nitric Acid Plant , 1 5].0 000 Prilled Ammonium Nitrate Pla , , nt 1,270 000 Prilled Urea Plant , 2 (350 000 Nitrogen Sollztions Plant , , 95 000 Diammonium Phosphate Plant , 1 035 000 Offsites 7,100 000 Catalysts for Nitric Acid , 105 000 Spare parts , 335,000 Office Lab & Maintenance Shop Erluipment & Apparatus $ 85 000 Plant Safety Apparatus , 25 000 Site work , 50 000 Engineering , 318 000 Land Cost , 286 000 Financing Cost , 1,400 000 Plant Operating Funds , .1,500 000 3 Years Bond Interest , 4,722,000 TOTAL CAPITAL REQUIRED $28,221,000 Based upon recommendations of the Engineers, it is our belief that the Ammonia Plant and the Diammonium Phosphate P7.ant and certain offsite facilities be financed in the ini- tial stage. Financing costs, land acquisition and escrowed interest should be included for a total of approximately $.10,000,000. The exact amount must be based upon a final recommendation of Moore Engineers, Inc, We propose to act in the capacity of Fiscal Agent for the City of [Vest Memphis, Arkansas, to plan the installments, maturities, options, interest rates and pledges securing the proposed bonds, to plan in conjunction with the City, its Attorneys and Bond Counsel and Engineers the several stages of financing, We further propose to use our best efforts to place the First Mortgage Revenue Bonds of the City of West Memphis in the principal amount of approximately $28,500,000 to be issued and delivered in stages to be approved by the City„ Our best effort would include preparation of necessary brochures, planning of the financing of the several stages, together with the Engineers, so that the anticipated cash flow will be sufficient to serve the debt and to provide the necessary coverage on the part of the lessee, __ -- _ _. _ _ Our best effort shall consist of the efforts of our most experienced and qualified personnel in a thorough market offering in the sources of financing known in the financing field, inclyding if necessary association caith other dealers nationally recognized and experienced in the field of indus- trial revenue financing, Our proposal is subject to all of the following conditions: 1, A total bond .issue of $28,500,000 with maturities to be determined and approved by the City, Said bonds shall be authorized by delivery and payment in logical installments consistent with the facility to he constructed, ?, The City of West Memphis, Arkansas, shall have entered into a contract with an acceptable lessee on a net net lease pahrnent of the facility to be constructed by r?roce.^ds of each installment to fixrnish satisfactory assurance that the lease payments will equal or exceed the principal and inter- est installments as they mature and to provide for payment of any and all other expenses to be incurred by the City, or its agents such as the Trustee, Paying Agents, Attorneys or Con- srt].tants, Said lease payment requirement may be so planned that the first three years of installments may be somewhat less than otl;er installments to assure adjustments and correc- tions usually allotted to a "shakedown" period, If the lessee to be approved by the City and ourselves is not of national repr.rtation and experience in the field of fertilizer p.r.oduction and distribution and having sufficient repr.ttation to finance the project with the approval of the City and ourselves, the lessee shall have :entered into a contract with the Girdler Corporation of Louisville, Kentucky, or a similar. firm engaged in the construction and operation of similar facilities for a period of not less than three years and such contract shall provide for a guarantee of production costs and output of the plant 3D that the lessee shall reasonably be expected to earn one..-and one-half times (1 1/2) annual lease payment requirement, 3. A national bank with full trust powers shall have entered into an indenture of Mortgage and Deed of Trust cover- ing the properties so that the annual lease payments be re- quired in four equal installments so arranged that they will be required immediately following the production season and coinci- dental with the collection from sales and accounts receivable in. the fertilizer production season, 4, The Southwest Chemical Corporation, or a surviving successor shall have obtained through the sale of stock in its cooperative capacity, sufficient "take or pay" contracts to insure demand at current market prices for 60°6 of each stage of the plant capacity or a sufficient amount to insure payment of the lease payments to the City of West Memphis through sale of fertilizer t_o the satisfaction of the City of West. Memphis and ourselves. 5. One Hundred percent (100%) of t_he funds derived from the delivery and sale of the proposed bonds (with the ex- ception of the financing cost and lawyers fees) be escrowed with the Trustee Bank to be paid only upon Engineer's estimates in installments as the plant is constructed with ttte exception of required payments from the fund such as engineering, land costs, bond interest and operating funds which may be withdrawn upon written request of the City Council of West Memphis and distributed in accordance with the terms of the Indenture securing the bonds. 6, That a contract shall have been entered into prior to and delivered with the bonds with a reputable con- tractor who shall have posted an acceptable performance bond to insure completion of that portion of the plant to be financed by the installment authorized, 7, The bonds shall be authorized to bear a rate of interest of six percent (6%) per annum, but our best effort will be to place the bonds at a rate of interest consistent with the market and other issues of similar charact.erist.ics and security, 8, The Indenture of Mortgage and Deed of Trust shall have been prepared by Rose, Meek, House, Barron, Nash & ~~ Williamson of Little Rock, Arkansas, containing the usual provisions required in securing and marketing bonds of similar nature and including insurance coverage, audits, legal, inde- pendent engineering inspection and maintenance, and all con- tracts of the Southwest Chemical Company be assigned to the Trustee while any debt is outstanding, 9. Simultaneously with delivery and payment of each installment of bonds there shall be delivered to us the unqual- ified approving opinion of Roae, Meek, House, Barron, Nash & Williamson of Little Rock, Arkansas, 10, Simultaneoulsy with payment of each installment of bonds to the purchaser at a price of par and accrued inter- est we shall be paid from the proceeds of the Issue Two and one- half percent (? l,/2%) of the total amount of bonds so issued, 11. The lessee shall have entered into a satisfac - tory contract for a supply of natural gas and evidence of availability of raw products necessary for successful opera - tion of the facilities. With our commitment or evidence of commitment, we will agree to pay printing of the bonds, preparation and print- ing of the Indenture, delivery of the bonds and required approving legal opinion, Should we fail to furnish satisfactory evidence of commitments for the agreed stages of financing, we shall be due nothing for our efforts. Respectfully submitted, ROWLES, WINSTON CORPORATION OF TEXAS BY /S/ M. M. HATCHER _{ V ce es en r r~ The Mayor stated that consideration should be directed by said Council to the question of the passage and adoption of an ordinance to authorize an election upon the question of whether or not industrial revenue bonds of said City should be issued in an amount not to exceed $28,500,000 for the purpose of securing and developing industry within or near the City of [Jest 2lemphis, Arkansas. After discussion by said Council, Alderman Smith'~introduced in writing an ordinance entitled, "AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF WEST i~.Fl^1PHIS ARKANSAS, THE QUESTION WHETHER IT WILL.ISSUE INDUSTRIAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED 28,500,000 FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY OF vJEST NlEP1PHIS, ARKANSAS!', and moved that the same be .read in full. The motion being seconded by Alderman Haley, the question was but by the Mayor on the adoption of said motion, and the roll being called, the following voted: Aye: 0. I. Bollinger, Sonny Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, F. C. Weis, and the following voted: Nay: None. t^Wereupon, the Mayor declared the motion duly passed and ordered that said ordinance be read. Said ordinance was then read in full by the City Attorney. Alderman Leggett 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, seconded by Alderman Rodgers, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Aye: 0. I. Bollinger, Sonny Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, ft. L. Smith, F. C. Weis., and the following voted.: Nay: None. Whereupon, the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read by the City Attorney. Alderman Bollinger moved that the rules be further suspended and the ordinance be placed on its third and final reading. This motion was seconded by Alderman Horton, and thereafter the Mayor put the queation on the adoption of the said motion, and the roll being called, the following voted: Ay®: U. I. i3otlinger, Sonny Haley, r'ritcharu Horton, iiirby Leggett, Yaul Matthews, C. T. Rodgers, R. L. Smith, F. C. ~1eis., and the following voted.: Nay: None. luher®upon the Mayor declared said motion duly adopted and said ordinance placed upon its final reading. Said ordinance was read in full by the City Attorney. Alderman P~atthewa moved its adoption, seconded by Alderman [de is, 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: 0. I. Bollinger, Sonny Haley, Prichard Horton, Kirby Leggett, Paul Patthews, C. T. Rodgers, R. L~ Smith, F. C. Weis, and the following voted.: Nay: None. '6hereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval. The said ordinance was attested by the Clerk and impressed with the seal of the City. Alderman Smith, then moved that said ordinance go into immediate operation and become effective without delay because of the emergency declared in the final section, which section was then read in full. The motion was seconded by Alderman Haley. The riayor put the question on the adoption of the said motion, and the roll being called, the following voted: Rye: 0. I. Bollinger, Sonny Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, F. C: '~Jeis, and the following voted: Nay: None. ORDINANCE N0. !•, AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF ~~ WEST MEMPHIS, ARKANSAS, THE QUESTIOfI WHETHER IT WILL ISSUE INDUSTRIAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $28,500,000 FOR THE PURPOSE OF SECURING AND ~'~i DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY OF WEST MEMPHIS, ARKANSAS. ~~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION 1. An election is hereby called to be held at the usual polling places in the City of West Memphis on the ~~ day of ~'t=' {)'~ L~, 1967, for the purpose of determining whether the City of West Memphis will issue negotiable industrial revenue bonds under the provisions of Act No. 9 of the First Extraordinary Session of the Sixty-second General Assembly of the State of Arkansas for the year 1960, as amended, in an amount not to exceed $28,500,000 for the pur- pose of securing and developing industry within or near the City of West Memphis to be secured by a statutory mortgage on the lands and buildings acquired and constructed from the proceeds of the said indus- trial revenue bonds and a pledge of the revenues therefrom. A security { interest shall also be given in machinery and equipment acquired or purchased from the proceeds of the said Industrial Revenue Bonds. The particular industrial project consists of the acquisition of lands, the construction and equipping of manufacturing buildings and storage and sales facilities thereon, and the industrial project will be leased to Southwest Chemical Corporation, an Arkansas corporation, for the manufacture, storage, and sale of fertilizers, chemical products, and other related items. SECTION 2. The bonds will not be general obligations of the City of West Memphis, but will be special obligations payable solely from 4~ revenues derived from the industrial project, and secured by the mortgage 110 .._.___. ., _, , , , ~ :y.,..x ,:,...._ ~; :~ !'.: +., and security interests as aforesaid. The bonds may be issued in one or morel, ,~ ;, series, may bear such date or dates, may mature at such time or times, may F;', j F ': bear interest at such rate or rates, not exceeding 6% per annum, may be I ' . _. !! sold with the privilege of conversion to an issue bearing other rate or rates of interest as provided by said Act No. 9, and may provide such terms for redemption before maturity as may be established by appropriate ordinances of the City of West Memphis, which ordinances shall be con- sistent ~•~ith the provisions of the Arkansas Municipalities and Counties Industrial Development Revenue Bond Law. SECTION 3. Said election shall be conducted and the votes there- at canvassed and the results declared under the law and in the manner now provided for municipal elections, and notice of said election shall be given by the Mayor by advertisement weekly for at least four (4) times in some newspaper published in the City of West Memphis and having a bona fide circulation therein, the last publication to be not less than ten (10) days prior to the date of said election. The ballots for said election shall be marked: "Vote on measure by placing an "X" in the square above the measure either for or against. "FOR BOND ISSUE IN AN AMOUNT NOT TO EXCEED - - - - - - ~~/ $28,500,000 - - - - - - - - - - - - - - - "AGAINST BOND ISSUE IN AMOUNT NOT TO EXCEED- - - - - - $28,500,000----- --- -- --- "Bond issue in an amount not to exceed $28,500,000 under the provisions of Act No. 9 of the First Extraordinary Session of the Sixty-second General Assembly of the State of Arkansas.. for the year 1960, as amended, for the purpose of securing and developing industry within or near the City of West Memphis, Arkansas, to be secured by a statutory mortgage on the lands and buildings acquired and constructed from the proceeds of the said industrial revenue bonds and a pledge of the revenues therefrom. The bonds may be issued in two or more series and delivered in two or more install- ments, and may be sold cJith the privilege of conversion to an issue bearing other rate or rates of interest as provided by said Act No. 9, as the City Council may provide by appro- priate ordinance. 11:1. . ~:_ -=». 'I "The particular industrial project consists of the acqui- '' sition of lands, the construction and equipping of manu- , if facturing buildings and storage and sales facilities thereon ~ ji (herein called the "industrial project"), and the industrial (; it project will be leased to Southwest Chemical Corporation, an ~. i ~~ Arkansas corporation, for the manufacture, storage, and sale ~ '~ of fertilizers, chemical products, and other related items. ! ~~~ ~ I~ "The bonds will not be general obligations of the City of West Memphis, but ~a~ll be special obligations payable solely from revenues derived from the industrial project." SECTION 4. A copy of this ordinance shall be given to the Crittenden County Board of Election Commissioners so that it may place the question on the ballot for said election, provide the proper election officials and supplies, and canvass the vote on the question. SECTION 5. At said election, only qualified voters of theCity of West Memphis will have the right to vote. The result of said election shall be proclaimed by the Mayor by publication in some newspaper pub- lished in the City of West Memphis and having a general circulation therein for more than twelve (12) months last past, and his proclamation shall advise the citizens and property owners of said City of West Memphis that the result as proclaimed will be conclusive unless attacked in the courts within thirty (30) days after the date of such proclamation. SECTION 6. It is ascertained and declared that the safety and health of the City of West Memphis are jeopardized by the lack of suf- ficient 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, 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 r~ayor informed the Council it will be necessary to discuss the aroposed Budget prior to the January 19th Council Meeting; thereupon a tentative date of January 12th at 6:30 P.r".. was set. No further business being presented, the meeting was adjourned. /? t ~, ~~ ~- ~~~ ~~ ATTES¢.~c%.-.. G'.~ ~~ CI Y APPROVED: JANUARY 19, 1967