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April 20, 1967146 MINUTES OF A RDGULA,R MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MII~IPHIS, ARKANSAS, HELD AT THE CITI'FiALL IN•SAID_CITY_ON-THE_20TH-DAY•OF APRIL,. 1967.__, 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 20th day of April, 1967. The following were present: Mayor Bob Eden, City Attorney W. H. Dillahunty, City Clerk, and Aldermen: 0. I. Bollinger, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, and F. C. Weis. Absent: None. Minutes of Council Meeting on April 6, 1967, were approved as read. 1 The Council was informed the Planning Commission on April 6, 1967, recommended I,ot 11, Block 34, P1. L. Thompson Subdivision, be rezoned as C-5 General Commercial District. Attorney_Ralph Sloan represented the West Memphis First Freewill Baptist Church stated the Church plans to demolish the present building and construct a new church. The church has an option to purchase the two adjoining Lots, and owners of other lots in the area have no objection as contemplate the area will be commercial. After discussion, an ordinance entitled "An Ordinance To Re-zone And Re-designate Certain Property In The City of Weat Memphis, Arkansas" was introduced. by Alderman Weis and City Attorney Dillahunty read the ordinance in full. Alderman Smith, seconded by Alderman Rodgers, 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: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted. in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Horton, seconded by Alderman Bollinger then moved that the rule requring 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: Hollinger, Haley, Horton, Leggett, 2atthews, Rodgers, Smith, and Weis. No: None. - The t:ayor 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 Haley. Alderman Matthews, seconded by Alderman Leggett, 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: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and tdeis. No: None. Alderman Weia, seconded by Alderman Smith 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, and Weis. 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 the City. The ordinance was given No. 523, The ordinance read as follows: ~7 ORDINANCE N0. 523 AN ORDIlJANCE TO REZONE AND REDESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, West Memphis First Freewill Baptist Church has petitioned the Planning Commission to rezone and redesignate certain property hereinafter described; and WHEREAS, notice was duly published on March 21, 1967, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 p.m. on April 6, 1967, for the purpose of hearing any interested parties in connection with the rezoning and redesignating of said lands; and WHEREAS, at said meeting on April 6, 1967, said petition was considered by the Planning Commission and no persona appearing to pretest the same, the Planning Commission recommended to the City Council that said petition be granted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: That the following described property, to wit: Lot 11 in Block 3~ of the M. L. Thompson Subdivision in the City of West Memphis, Arkansas, be and the same is hereby rezoned and redesignated as C-$, General Commercial 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 F7eat 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. The Planning Commission also recommended the rezoning of Lota b and 7, Block 1, Rich Eastern Addition as C-5, General Commercial District. Attorney Ralph Sloan representing the applicant Associated Realty Company informed the Council if the property is rezoned it will be purchased by Chalmers Buick Company and at present a portion of the property will be used for the parking of new and employees' care. After discussion, Alderman Leggett introduced an ordinance entitled: "An Ordinance To Rezone And Redesignate Certain Property In The City Of West Memphis, Arkansas"and City Attorney Dillahunty read the ordinance in full. Alderman Matthews, seconded by Alderman Haley, 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 Balled, the following voted: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and 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 the City Attorney. Alderman Bollinger, seconded by Alderman Horton 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, and Weis. Nay: Nona. 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 Rodgers. Alderman Smith, seconded by Alderman Weis, moved that the ordinance be adopted. The question was put by the P4ayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. Alderman Leggett, seconded by Alderman Matthews, 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, and 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. 521. The ordinance read as follows: __-.- ORDINANCE N0. 524 AN ORDINANCE TO REZONE AND REDESDrNATE CERTAIN PROPERTY IN THE CITY OF W}•;ST I~IEttiiPHIS, ARFiANSAS WHEREAS, Associated Realty Company has petitioned the Planning Commission to rezone and redesignate certain property hereinafter described; and ~~ WHEREAS, notice was duly published on Niarch 8, 1967, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 p.m. on Anri]_ 6, 1967, for the purpose of hearing any interested parties in connection with the rezoning and redeaignating of said lands; and `vJHEREAS, at said meeting on April 6, 1967, said petition was considered by the Planning Commission and no persons appearing to protest the same, the Planning Commission recommended to the City Council that said petition be grantedi` NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: That the following described property, to wit: Lots 6 and 7 in Block 1 of Rich Eastern Addition to the City of West Memphis, Arkansas, be and the same is hereby rezoned and redesignated as C-5, General Commercial 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. Mayor Eden informed the Council in proceeding with the Workable Program a Housing Code must be adopted, and the Planning Consultant and the Housing & Home Finance Agency, Ft. Worth, Texas have recommended the Southern Standard Housing Code be adopted, therefore, the City Attorney has prepared an ordinance for the Council's consideration. The ordinance entitled: "An Ordinance Establishing Minimum Standards Governing The Use, Occupancy And Maintenance Of Dwellings, Duelling Units And Accessory Structures; Establishing Minimum Standards Governing Supplied Utilities And Facilities And Other Physical Things And Conditions Essential To Make Dwellings Safe, Sanitary, And Fit For Human Habitation; Establishing Minimum Standards Governing The Condition And Maintenance Of Dwellings And Accessory Structures; Fixing Certain Responsibilities And Duties Of Owners And Occupants Of Dwellings; Creating A Board Of Huusing Code Appeals And Fixing The Duties And Responsibilities Thereof; Authorizing The Inspection Of Dwellings And Accessory Structures And Providing For The Condemnation Of All Buildings And Structures Deemed Unfit For Human Habitation And Use; And, Fixing Penalties For Violations" was read by the City Attorney. Motion was made by Alderman Smith that the first reading of the Ordinance be approved. The motion was seconded by Alderman Haley. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. Motion was made by Alderman Leggett, seconded by Alderman Haley that the ordinance be read the second time. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. The ordinance was read the second time by City Attorney Dillahunty. Motion was made by Alderman Bollinger, seconded by Alderman Horton that the second reading of the ordinance be approved. Upon vote, the voting was as fo7.lowa: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. Motion was made by Alderman Weis, seconded by Alderman Smith that the ordinance be read the third time. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. The ordinance was read the third time by Gity Attorney Dillahunty. notion was made by Alderman Haley, seconded by Alderman Rodgers that the ordinance ~s read be approved. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. ;, The Mayor thereupon declared the ordinance 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. 525, the ordinance read as follows: jl I ~, _, - - -. - - _ li I r r overall enhancement of the general health, safety and wel~-are of all residents and property o~vliers of the community; and, '.>~I31:.i,P<1S, the Southern Building Code Congress, a non-profit association, has developed and made available a set of minimum ~r haus:ir.g standards which have been recogni~,ecl as being acceptable as a mocle.i housing coda; and, ' Gv'F3CREAS, Act Ldo. 267 of the Acts of the General Assembly of r~r;-ansas of 199 provide that such model codes may be adopted by rer:erence. iT0'^7, TIi1REFOPE BE IT EL?ACTED BX THi+; CITX COUNCIL, THAT, Section 1: The Southern Standard Housing Code, being particu- larlt~ the 1965 edition thereof and the whole thereof, save and e,-c.ept such portions as may Hereinafter be arnendcd, of which not less than three (3) copies have been and are now filed in the office o^ the City Clerk of the City of West Plemphis, Arkansas, and the same are hereby adopted and incorporated as fully as if set Earth at length herein, and Pram the date on which this ordinance shall tale effec±., the provisions therein shall be controlling in the use, maintenance and occupancy of all dwellings, dwelling units and/o.r structures within the area of juri.scliction of the City of Ldes~t. I~Iempl?is, Arkansas. Section 2: Nothing in this ordinance or in the code hereby. ~~opL-ecl shall be constr?zed to affoct any suit or proceeding now pend~.ng in any court, or any rights acquired or liability a.ncurred, nor any cause or causes of action accrued or e.;isting, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. Secti,an 3: The invalidity of any section or provision of this ordinance or of the coda hereby adopted shall not invalidate other sections or provisions thereof. Sect9.on 4: All ordinances or parts of ordinances in force at the time that this ordinance shall ta3:e effect and inconsis- l:cnt herewi th are hereby repealed. Sr'ctiori 5: This ordinance shall take effect immediately upon pzssage for the welfare of the City of West Diemphis, ArY,ansas. A ~; __. ~, { f t f ~~1 The Mayor stated that consideration should be given to an ordinance authorizing the issuance of Public Utility Revenue Bonds, Series 1967, for the purpose of financing the cost of constructing and improving the electric, waterworks and sewer facilities of the City. This was a matter with which the Council was familiar and after a discussion, Alderman Leggett introduced an ordinance entitled: An Ordinance Authorizing The Issuance Of Public Utility Revenue Bonds, Series 1967, For The Purpose Of Financing The Cost Of Constructing Extension, Betterments And Improve- ments To The Electric, Waterworks And Sewer Facilities Of The City Of West Memphis, Arkansas; Providing For The Payment Of The Bonds; Prescribing Other Matters Relating Thereto; And Declaring An Emergency and the City Clerk read the ordinance in full. Alderman Matthews, seconded by Alderman Haley, moved that the rule requiring the reading of an ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being calliad, the following voted Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Ldeis; and the following voted Nay: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Clerk. Alderman Bollinger, seconded by Alderman Horton 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, and Weis; and the following voted Nay: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Clerk. Alderman Smith, seconded by Alderman Weis, 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: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis; and the following voted Nay: None. Alderman Leggett, seconded by Alderman Matthews, moved that Section 36, the emergency clause, be adopted, and on roll call the following voted Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis; 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. 526. The ordinance read as follows: 152 ._ :..__. __ _ - - .. ~--- ORDINANCE NO. !J ~~ AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC UTILITY REVENUE BONDS, SERIES 1967, FOR THE PURPOSE OF FINANCING THE COST OF CONSTRUCTING EXTENSIONS, BETTERMENTS AND IMPROVEMENTS TO THE ELECTRIC, WATERWORKS AND SEWER FACILITIES OF THE CITY OF WEST MEMPHIS, ARKATvSAS; PROVIDING FOR THE PAYMENT OF THE ' BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; - --AND DECLARING AN EMERGENCY. WHEREAS, the City of West Memphis, Arkansas (called "City"), owns and operates electric facilities, waterworks facilities and sewer facilities as one inter-related municipal undertaking, the facilities of which constitute the City's Public Utility System (all of the facilities will be herein sometimes referred to as the "System"); and WHEREAS, the City has determined that extensions, betterments and improvements to the System are necessary and has caused to be prepared by Albert Switzer & Associates, Consulting Engineers, Baton Rouge, Louisiana, plans and estimates of cost of the needed extensions, betterments and improve- ments which, generally stated, will consist of electric facility extensions and improvements in the North and Northwest sections of ;he City, water supply improvements, water treatment improvements,. water pumping stations and water distribution system improvements, interceptor sewers, a sewer treatment plant, setiver pumping stations, and outfall sewer improvements (herein sometimes collectively referred to as the "Improvements") , all at an estimated cost of $3,636,000, including necessary expenses incidental to accomplishing the Improvements and to authorizing and issuing bonds, and a copy of the report and plans prepared by the Consulting Engineer:; is on file :in the office of the City Clerk and reference may be made thereto by any interested party; and ._. ~, n ~ . ~ ~1 P ; ~ 9 ~ i . ~ ., _.. 1u3 Page 2 WHEREAS, it will be necessary for the City to furnish $2,800,000 (with the balance of the total estimated cost to be obtained in the form of a grant or grants from agencies of the United States of America) and the City can obtain the funds only by the issuance of Public Utility Revenue Bonds; and WHERERS,the City has made the necessary arrangements to sell Public Utility Revenue Bonds in the principal amount of $2,800,000 to T. J. Raney & Sons, Little Rock, Arkansas, at a price of par and accrued interest for bonds bearing interest at the rate of 4.60% per annum; and WHEREAS, pursuant to the terms of the sale, and as permitted by the law of the State of Arkansas, the purchaser has elected to convert the $2,800,000 in principal amount of bonds bearing interest at the rate of 4.60% per annum to an issue of $2,971,650 in principal amount of bonds bearing interest at the rates of 3-3/4%, 4% and 4-1/4_% per annum, with the details of the bonds being hereafter in this Ordinance set forth, and the City has examined the con- version and found the same to be proper in that the City will receive no less and pay no more than it would have received and paid if the bonds had not been con- verted; NOW , THEREFORE , BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. That the improvements be accomplished. The City Council hereby finds and declares that the period of usefulness of the System after the completion of the improvements will be more than forty (40) .years , which is longer than the term of the bonds. Section 2. That the sale of $2,800,000 in principal amount of bonds to T. J. ~°ne~,~ ~ Sons, Little Rock, Arkansas, at.the price of par and accrued interest for bonds bearing an interest rate of 4.60% per annum and the conversion +~ ~ trr i ~p,~a ~~~ ~ ~ ,; . ~~ ,, t j , thereof to an issue of 52,971,650 in principal amount of bonds bearing interest at the rates of 3-3/4%, 4% and 4-1/4~'rr per annum, maturing and otherwise subject to the terms and provisions hereafter in this Ordinance set forth in detail, be, and the same are hereby, approved and confirmed. Section 3. That the City has outstanding an issue of Sewer Revenue Refunding and Improvement Bonds, dated June 1, 1945, authorized by Ordinance No. 107 of the Ordinances of the City, adopted and approved on July 6, 1945 and an issue of Sewer Revenue Bonds dated August 1, 1949, authorized by Ordinance No . 171 of the Ordinances of the City, adopted and approved on September 9, 1949, with there being $269,000 in principal amount of both of said 1945 and 1949 issues outstanding as of the: date of this Ordinance, to the payment of which there is a first pledge of sewer revenues (these outstanding bonds will be herein sometimes referred to as the "1945 and 1949 Sewer Bonds"). In addition, the City has outstanding an issue of Public Utility Bonds dated May 1, 1954, authorized by Ordinance No. 275 of the Ordinances of the City, adopted and approved on May 18, 1954, there being $775,000 in principal amount of the May 1, 1954 Bonds outstanding as of the date of this Ordinance (which will be herein referred to as the "1954 Utility Bonds"); and the City has outstanding an issue of Public Utility Boncls dated April 1, 1956, authorized by Ordinance No. 316 of the Ordinances of the City, adopted and approved on March 15, 1956, as amended, there being 5351,000 in principal amount of the April 1, 1956 Bonds outstanding as of the date of this Ordinance (herein sometimes referred to as the "1956 Utility Bonds"; and the City has outstanding an issue of Public Utility Bonds dated Jule 1, 1963, authorized by Ordinance No. 437 of the Ordinances of the City, adopted and approved on Jure 20, 1963, there being 5176, 000 in principal amount ' of the July 1, 1963 Bonds outstanding as of the date .of this Ordinance (herein R t ~I I f~~ y Page 4 sometimes referred to as the " 1963 Utility Bonds") . The 1963 Utility Bonds and the 1956 Utility Bonds are issued on a parity of security with each other and with the 1954 Utility Bonds. The applicable provisions of Ordinance No. 275 (referred to above) permit the issuance of additional parity bonds (Section 17 thereof). It is hereby found and declared that the conditions set out in Section 17 of Ordinance No. 275 have been fully met and complied with and that, therefore, the bonds now being issued are issued on a parity of pledge, lien and security on the System Revenues and on the System with the outstanding bonds of the 1954 Utility Bonds,' the 1956 Utility Bonds and the 1963 Utility Bonds. As in the case of the 1954 Utility Bonds, the 1956 Utility Bonds and the 1963 Utility Bonds, with which these bons are being issued on a parity, the pledge, lien and security in favor of the bonds now being issued is subject to the prior and superior pledge and lien of the 1945 and 1949 Sewer Bonds (to the extent of the pledge of revenues made to the 1945 and 1949 Sewer Bonds by the Ordinances authorizing their issuance). Also, it is recognized that the City has made a conditional pledge of electric revenues to an issue of Swimming pool Revenue Bonds of the City dated March 1, 1955, ~s set forth in Section 14 of Ordinance No. 295 of the Ordinances of the City adopted and approved on February 1, 1955, and nothing in this Ordinance shall be con- strued as impairing that conditional pledge of electric revenues to the extent, and only to the extent, that the conditional pledge in favor of the March 1, 1955 Swimming Pool Revenue Bonds may be determined to be applicable to the pledge of System Revenues in favor of the bonds now being issued. Section 4. That under the authority of the Constitution and laws of the State of Arkansas, including particularly Act No. 131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of Arkansas of 1933., as amended, and ~, the applicable decisions of the Supreme Court of the State of Arkansas , including .,_..: ,,,,, ~~ .. ;; j ~; s f, R particularly City of Harrison v. Braswell, 209 Ark. 1094 S.W.2d 12, Public Utility Revenue Bonds (herein sometiapgs called "bonds") are hereby authorized and ordered issued in the principal amount of $2,971,650 for the purpose of accomplishing the improvements and paying necessary expenses incidental thereto and to the authorization and issuance of the bonds. The bonds shall be dated June 1, 1967, with interest thereon payable semiannually on June 1 and December 1 of each year, commencing December 1, 1967, the bonds shall be numbered consecutively from 1 to 2972, inclusive, and the bonds shall be in the denomination of $1,000 each, except that Bond No. 21 shall be in the denomination of 5~~50. The bonds bear interest as follows: Bonds Nos. i to 228, inclusive, being the bonds maturing in the years 1968 to 19'7, inclusive, - bear interest at the rate of 3-3/4% per annum; Bonds Nos. 229 to 1905, inclusive, beir_g the bonds maturing in the years 1978 to 1985, inclusive, bear interest at the rate of 4% per annum; and Bonds Nos. 1906 to 2972, inclusive, being the bonds maturing in the years 1986 to 1989, inclusive, bear interest at the rate of 4-1/4% per annum. The interest shall be evidenced by interest coupons and the principal and interest shall be payable in lawful money of the United States of America upon presentation of the bond or proper coupon at the office of Union Planters National Bank of Memphis, Memphis, Tennessee (the "Trustee" and "Paying Agent"). The bonds shall be negotiable coupon bonds payable to bearer, but shall be subject to registration as to principal only, and shall mature on June 1 of each year as follows , but shall be callable for payment prior to maturity as hereafter set forth: ,. ~ , ;' a , ,t 15'~ ~. , ,. Page 6 YEAR BOND NOS . ~ AMOUNT 1968 1 - 21 $ 20,650 1969 22 - 36 15,000 1970 37 - 53 17,000 1971 54 - 68 15,000 1972 69 - 83 .15,000 1973 84 - 98 15,000 -1974 -99 - 108 - ---10-,000 1975 109 - 138 30,000 1976 139 - 171 33,000 1977 172 - 228 57,000 1978 229 - 305 77,000 1979 306 - 391 86,000 1980 392 - 546 155,000 1981 547 - 770 224,000 1982 771 - 1033 263,000 1983 1034 - 1307 274,000 1984 1308 - 1592 285,000 1985 1593 - 1905 313,000 1986 1906 - 2230 325,000 1987 2231 - 2570 340,000 1988 2571 - 2924 354,000 1989 2925 - 2972 48,000 Section 5. That the bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall have impressed thereon the seal of the City. The bonds may be executed by the facsimile signature of the Mayor and the interest coupons attached to the bonds may be executed by the facsimile signature of the Mayor. Any 'facsimile signature of the Mayor shall have the same force and effect as if personally signed by him. The bonds must be executed by the manual signature of the City Clerk. The bonds, together with interest thereon, shall be payable solely out of the 1967 Public Utility Bond Fund, as hereafter set forth, and shall be a valid claim of the holders thereof only against such fund and ±he revenues pledged to such fund, which revenues are hereby pledged and mortgaged for the equal and ratable payment of the bonds on a parity of pledge, lien and security with the 1954 Public Utility Bonds, the 1956 Public Utility Bonds and the 1963 Public Utility Bonds, and shall be used for no other purpose than to it - ny. W'f d rn.. ~ :Nn ro ~ , fir. ~~ ~ ~ ~ Y~ .~~ ~ j ~ r ~ 1 ~ ~,. ~ ~ '. ~ 158 - - -- - -- i; _ __ _ _ _ ,. pay the principal of and interest on the bonds, except as otherwise specifically provided in this Ordinance. The bonds and interest thereon shall not constitute an indebtedness of the City within any constitutional or statutory limitation. Section 6. That the bonds and coupons shall be in substantially __the_follou~ing form, and the. Mayor and City Clerk are hereby expressly authorized and directed to make all recitals contained therein: UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF CRITTENDEN CITY OF WEST MEMPHIS PUBLIC UTILITY REVENUE BOND ;. No. KNOW ALL MEN BY THESE PRESENTS: That the City of West Memphis, in the County of Crittenden and State of Arkansas, acknowledges itself to owe, and for value received, hereby promises to pay to bearer, or if this bond be registered, to the registered owner hereof, solely from the special fund provided as hereafter set forth, the principal slim of DOLLARS in lawful money of the United States of America on the first day of June, 19_, and to pay solely from said special fund interest hereon at the rate of per cent ( %) per annum from date, semiannually on June 1 and December 1 of each year., commencing December 1, 1967, upon presentation and surrender of the annexed coupons as they severally become due. Both the principal of and interest on this bond are made payable at the office of Union Planters National Bank of Memphis, Memphis, Tennessee (the "Trustee" and the "F~ying Agent") . This bond is one of an issue of Two Thousand Nine Hundred Seventy- Two (2972) Revenue Bonds, aggregating Two Million Nine Hundred Seventy-One Thousand Six Hundred Fifty Dollars ($2,971,650), dated June 1, 1967, all of like tenor and effect, except as to number, rate of interest, denomination, maturity and right of prior redemption, and are issued for the purpose of financing a i ~ X74 ~! `^SWin,ai ~, i ul~ nor t~ ~.~~; i i~."~I ~ ~ FPIZ~ r ~!,q { ~,9'~~ ~~ ~, ~ ~~ ~ a ,;. ,. y . , tA, ~~ ~` Page 9 portion of the cost of constructing extensions, betterments and improvements (called "Improvements") to the Electric, Waterworks and Sewer Facilities of the City (which systems are operated as one inter-related municipal under- taking and which are herein referred to as the "System") , with the remainder of the cost of Improvements being obtained from a grant from an agency of the Government of the United States of America.. The bonds authorized hereby will be herein referred to as the "bonds" . The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas, including particularly Act No. 131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of Arkansas of 1933, as amended, aad applicable decisions of the Supreme Court of the State of Arkansas, including particularly City of Harrison v. Braswell, 209 Ark. 1094, 194 S.W.2d 12, and pursuant to ar. Ordinance of the City Council of the City, duly adopted and approved, and do not constitute an indebtedness of the City within any constitutional or statutory limitation. The bonds are not general obligations of the City, but are special obligations payable solely from revenues of the System. The bonds are issued on a parity as to lien, pledge and security with the outstanding Public Utility Bond issue of the City dated May 1, 1954, the outstanding Public Utility Bond issue of the City dated April 1, 1956, and the Public Utility Bond issue of the City dated July 1, 1963, but subordinate to certain outstanding Sewer Bonds of the City (described and referred to in the Authorizing Ordinance) . An amount of System Revenues sufficient to pay the principal of and interest on the bonds is to be set aside in a special fund for that purpose identified as the "1967 Public Utility Bond Fund" (called "Bond Fund ") , created by Ordinance No. 526 ,duly adopted by the City Council and approved on the 2ott,day of Aoril 1967, (called."Authorizing i ¢ ~i.n a.: a~~. i,' ~ ~ ~. .., . _ ~,.:..i -.::;... .r r.. ,_. _ _., -. .r a:. ',.;-n ~~ I?lI~7W ,~~. :. iY:~r.:' ~., I. YF ~',~P ,ir~.•, ~, .. i S.~ .}„ so Pa2Je 10 Ordinance") under which the bonds are authorized to be issued and to which reference may be had by any interested person for a statement of the nature and extent of the security and the rights and obligations of the City, the Trustee, the holders and registered owners of the bonds. The City has fixed and has covenanted and agreed to maintain rates for Electric, Water and Sewer Services which shall be sufficient at all times to at least provide for the payment of the reasonable expenses of operation and maintenance of the System, provide for the payment, principal and interest, of all bonds to which payments must be made to satisfy pledges of System Revenues, including specifically the bonds of this issue, and make the required payment into the Depreciation Fund. The bonds will be subject to redemption prior to maturity, in whole 'or in part, at the option of the City, in inverse numerical order, at a price of par and accrued interest, as follows: (1) From the unexpended proceeds of the salA of the bonds not needed for accomplishing the improvements and from surplus System Revenues on any interest payment date; and (2) From funds from any other source on any interest payment date on and after June 1, 197.2. Notice of the call for redemption shall be published 'one time in a newspaper published in the City of Little Rock, Arkansas, and having a general circulation throughout the State of Arkansas, giving the number and maturity of each bond being called, the publication to be at least fifteen (15) days prior to the redemption date and after the date fixed for redemption each bond so called shall cease to bear interest, providing funds for its payment are on deposit with the Paying Agent at that time. In addition, notice shall be given by first class mail to the registered owner of any bond registered as to principal at the address of such o•.vner reflected on the books of the Sond Registrar ~~nr1 if all outstanding bonds shall be registered as to principal, then notice by first class mail to the ~ sra'' !~ ~"I .r i ~~!..~ ,~„ ~ ~-t: ~ I~ ,,':' i pii i t' 4 a n i ri i i n I} 1 ~ ~ '..~ r }~,.~~ ~ ~ iClrni t~i , ~i i,,i~~ i ~;dN IIA~ O, i ~ip~. ~ ..,x, li Y ,~ it".` h'I1 ;~ ~~M ~ i -1 t , ,; i 161 -=-- - ~- Page 11 registered owners thereof as aforesaid shall be sufficient and it shall not be necessary to publish notice of the redemption. This bond~fnay be registered as to principal alone and may be dis- !~ charged from such registration in the manner, with the effect and subject to the ~~ ;~ terms and conditions endorsed hereon. Subject to the provisions of registration endorsed hereon, nothing contained in this bond or in the Authorizing Ordinance shall affect or impair the negotiability of this bond and this bond shall be deemed a negotiable instrument under the laws of the State of Arkansas and is issued with the intent that the laws of the State of Arkansas will govern its construction. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, con- ditions and things required to exist, happen and to be performed precedent to and in the issuance of this bond, have existed, have happened and have been performed in due time, form and manner, as required by law; that the indebtedness represented by the bonds of this issue does not exceed any constitutional or statutory limita- tions; and that sufficient revenues have been pledged to and will be set aside into the Bond Fund, for the payment of the principal of and interest on the bonds of this issue. This bond shall not be valid until the Certificate of Authentication hereon shall have been signed by the Trustee. IN WITNESS WHEREOF, the City of West Memphis, Arkansas, by its City Council, has caused this bond to be signed by the Mayor and City Clerk thereof (with either the manual or facsimile signature of the Mayor, but with the manual signature of the City Clerk) and sealed with the seal of the City, and has caused the interest coupons attached to be signed by the facsimile signature of the Mayor, all as of the first day of June, 1967. CITY OF WEST MEMPHIS, ARKANSAS ATTEST: By (Facsimile Signature) Mayor City Clerk (SEAL) 162 June, On the first day of December, 19 ,.the City of West Memphis, Crittenden County, Arkansas, unless the bond to which this coupon is attached is paid prior thereto, hereby promises to pay to bearer solely out of the fund specified in the bond to which this coupon is attached f DOLLARS in' lawful money of the United States of America, at the office of Union Planters National Bank of Memphis, Memphis, Tennessee, being six (6) months' interest then due on its Public Utility Revenue Bond, dated June 1, 1967, and numbered CITY OF WEST MEMPHIS, ARKANSAS By ~ (Facsimile Signature) ` Mayor On each bond shall appear the following: CERTIFICATE OF AUTHENTICATION This is one of the bonds of the issue of Public Utility Revenue Bonds, i dated June 1, 1967 , and aggregating $ 2 , 971, 6150 in principal amount described in the bond to which this Certificate is attached ` I UNION ~LANTERS NATIONAL BANK OF MEMPHIS, MEMPHIS, TENNESSEE By. Authorized Signature . e ...:, .r. ~. . .. ~.. ..: .. r. .V ~ JI is~ This bond may be registered as to principal a:'.one on books of the City, kept by the Trustee as Bond Registrar, upon presentation hereof to the Bond Registrar, wizich shall make mention of such registration in the registration blank below, and this bond may thereafter be transferred only upon an assign- ment duly executed by the registered owner or his at±orney or legal representative in such form as shall be satisfactory to the Bond Registrar, such transfer to be made on such books and endorsed hereon by the Bond Registrar. Such transfer may be to bearer and thereafter transferability by delivery shall be restored, but this bond shall again be subject to successive registrations and transfers as ' before. The principal of this bond, if registered, unless registered to bearer, shall be payable only to or upon the order of the registered owner or his legal representative. Notwithstanding the registration of this bond as to principal, the coupons shall remain payable to bearer and shall continue to be transferable by delivery. Payment to the bearer of the coupons shall fully discharge the City in respect to the interest therein mentioned whether or not this bond be registered as to principal and whether or not any such coupons be overdue.. Date of Name of• Signature of Registration - Registered Owner Bond Registrar ,. „~+ ! 16~ ~~~ Page 14 Section 7. That the rates to be charged for electric services furnished by the System, the rates to be charged for water services furnished by the System, and the rates to be charged for sewer services furnished by the System by Ordinances of the City Council, and the conditions, rights and obligations pertaining thereto, as set out in said Ordinances, are hereby ratified, confirmed and continued. I The City covenants and agrees that said rates shall never be reduced while any of the bonds are outstanding unless there is obtained from an independent Certified Public Accountant a certificate that the net revenues of the System (net .revenues being defined as gross revenues less the expenses of operation and ~ maintenance of the System, including all expense items properly attributable to the operation and maintenance of the System under generally accepted accounting principles applicable to municipal electric, waterworks and sewer systems), with ! I the reduced rates, will always be equal to the amount required to be set aside for the j ~ Depreciation Fund, and the amount necessary to comply with ali conditional pledges of any System revenues (on the assumption all payments will have to be made to the I full extent of the conditional pledges), and leave a balance equal to the amount necessary for paying principal and interest when due of the 1945 and 1949 Sewer Revenue i Bonds, plus at least 200% of the aggregate average annual principal and interest require- i ments on all outstanding bonds of the 1954 Utility Bonds, 1956 Utility Bonds, 1963 !I Utility Bonds, and the bonds of this issue and the bonds of any subsequent parity issue. The City further covenants and agrees that said rates shall when necessary, from time to time, be increased in an amount which will produce net revenues at least sufficient to provide the required deposit into the Depreciation Fund, comply with all conditional pledges of any System revenues, and leave a balance equal to the amount necessary for paying principal and interest when due of the 1945 and 1949 Sewer RevenuE Bonds and meeting all principal and interest requirements of the 1954 Utility Bonds, 1956 Utility Bonds, 1963 Utility Bonds, the bonds of this issue and the bonds of any subsequent parity issue and maintain all funds in connection thereN~ith to the required '----~ ~ 1~ ~, t .. 1.~5 Page 15 Section 8. That none of the facilities or services afforded by the System shall be furnished without a charge being made therefor. In the event that the City or any department, agency or instrumentality thereof shall avail itself of the facilities and services afforded by the System, the reasonable value of the services or facilities so afforded shall be charged against the City or such department, agency or instrumentality and shall be paid for as the charges therefor accrue. The revenue so received shall be deemed to be revenues derived from the operation of the System and shall be used and accounted for in the same manner as any other revenue derived from the operation of the said System, provided, however, that nothing herein shall be construed as requiring the City or any department, agency or instrumentality thereof to avail itself of the facilities or services afforded by the System. Section 9. The System shall be continuously operated as a revenue producing undertaking, and all moneys received from its operation shall be deposited in such depository or depositories for the City as may be lawfully designated from time to time by the Council, subject, however, to the giving of security as now or as here- after may be required by law, and provided that such depositories shall hold member- ship in the Federal Deposit Insurance Corporation. Section 10. Public Utility Fund. All revenues derived from the operation of the System, including the herein authorized improvements after their completion, shall be paid into a special fund, which is hereby created and designated "Public Utility Fund" . The revenues in the Public Utility Fund are hereby pledged and shall be applied to the payment of the reasonable and necessary expenses of operation and maintenance of the System, to the payment of the principal of and interest on the 1945 and 1949 Sewer Revenue Bonds, to the payment of the principal of and interest on the bonds of this issue and the bonds ranking on a parity with the bonds of this issue, to the providing of the Depreciation Fund, and otherwise as in this Ordinance expressly authorized . ~ j ~ ~ f .. -N X66 Page 16 Section 11 . Public Utility Operation and Maintenance Fund, There shall be paid from the Public Utility Fund into a fund which is hereby created and designated "Public Utility Operation and Maintenance Fund" , (called "Operation and Maintenance Fund"), on the first business day of each month an amount sufficient to pay the reasonable and necessary monthly expenses of operation, repair and maintenance of the System for such month and from which disbursements shall be made only for those purposes. Fixed annual charges such as insurance premiums and the cost of major repair and maintenance expenses may be computed and set up on an annual basis, and one twelfth (1/12) of the amount thereof may be paid into the Operation and Maintenance Fund each month. If in any month for any reason there shall be a failure to transfer and pay the required amount into said fund, the amount of any deficiency shall be added to the amount otherwise required to be transferred and paid into said fund in the next succeed- ing month. If in any fiscal year a surplus shall be accumulated in the Operation and Maintenance Fund over and above the amount which shall be necessary to defray the reasonable and necessary cost of operation, repair and maintenance of the System during the remainder of the then current fiscal year and the next ensuing fiscal year, such surplus may be transferred and deposited in the Bond Fund (hereinafter created) or to the Depreciation Fund (hereinafter created); provided, however, that any such transfer ~ ,~ into the Bond Fund shall be in addition to all other payments required to be made into said fund. Section. 12. There shall next be transferred from the Public Utilities Fund to the bond funds maintained in connection with the 1945 and 1949 Sewer Revenue Bonds those amounts necessary to pay maturing principal and interest on the outstanding 1945 and 1949 Setiver Revenue Bonds, in full compliance with all applicable provisions of the Ordinances of the City authorizing the 1945 and 1949 Sewer Revenue Bonds. When all outst~tn~lincJ 1`J~1~ arul 1949 Sewer Revenue Bonds have been paid, principal and interest, '~~, + ~ ,. ~. ~ .,,1 e v ~ w t' i. ~ f t„ ~ f ~. ~~ Page 17 or provision made for their payment, then the transfers directed by this Section shall cease. With reference to the outstanding 1945 and 1949 Sewer Revenue Bonds, the City expressly covenants that it will not issue, or attempt to issue, any bonds having, or claimed to have, a pledge of or claim on any System revenues ranking on a parity with the claim and pledge of the 1945 and 1949 Sewer Bonds on System ` revenues. Section 13. 1967 Public Utility Bond Fund. (a) After making the monthly deposit in the Operation and Maintenance Fund, and complying with the provisions of Section 12 hereof, there shall be transferred from the Public Utility Fund into a special fund which is hereby created and established with the Trustee designated "1967 Public Utility Bond Fund" (called the "Bond Fund") the sums in the amounts and at the times hereinafter stated in sub- section (b) for the purpose of providing funds for the payment of the principal of and interest on the bonds herein authorized, and the Paying Agent's fees, as they mature according to the following schedule and as a reserve for contingencies: l ~ . ' .j: ( " 168 YEAR BOND NOS . ~ PRINCIPAL j INTEREST June 1 December 1 TOTAL $ 60,482.19 S 60,482.19 1967 1968 1 - 21 $ 20,650 560,482.19 60,095.00 141,227.19 1969 22 - 36 15,000 60,095.00 59,813.75 134,908.75 1970 37 - 53 17,000 59,813.75 59,495.00 136,308.75 1971 54 - 68 15,000 59,495.00 59,213.75 133,708.75 1972 69 - 83 15,000 59,213.75 58,932.50 133,146,25 1973 84 - 98 15,000 58,932.50 58,651.25 132,583.75 1974 99 - 108 10,000.. 58,651.25 58,463.75 127,115.00 1975 109 - 138 30,000 58,463.75 57,901.?.5 146,365.00 1976 139 - 171 33,000 57,901.25 57,282.50 148,183.75 1977 172 - 228 57,000 57.282.50 56,213.75 170,496.25 1978 229 - 305 77,000 56,213.75 54,673.75 187,887,50 1979 306 - 391 86,000 54,673.75 52,953.75 193,627.50 1980 392 - 546 155,000 52,953.75 49,853.75 75 3 257,807.50 50 227 319 1981 547 - 770 224,000 49,853.75 75 373 45 . 45,37 113.75 40 . , 348,487.50 1987. 1983 771 - 1034 - 1033 1307 263,000 274,000 . , 40,113.75 , 34,633.75 348,747.50 1984 1308 - 1592 285,000 34,633.75 28,933.75 348,567.50 1985 1593 - 1905 313,000 28,933.75 22,673.75 0 364,607.50 25 441 363 1986 1906 - 2230 325,000 22,673.75 50 767 15 15,767.5 8,542.50 . , 364,310.00 1987 1988 X231 - 2571 - 2570 2924 340,000 354,000 . , 8,542.50 1,020.00 363,562.50 1989 2925 - 2972 48,000 1,020.00 - 49,020.00 ,, .~ ~~ ' - ~~ ~ ., .. Page 19 (b) That there shall~be paid into the Bond Fund on the first business day of each month until all outstanding bonds of this issue with interest thereon have been paid in full or provision made for such payment, a sum equal to one-fifth (1/5) of the next installment of interest and one-tenth (1/10) of the next installment of principal (plus any additional amount that may be necessary together with accrued interest received at the time of the delivery of the bonds to fully provide for the first interest payment on the bonds, if any additional amount be required), and an amount sufficient to provide for the Paying Agent's fees, on all outstanding bonds, until a reserve for contingencies shall have been accumulated in the amount of $200,000. The reserve for contingencies shall be maintained as hereafter provided. -When the reserve for contingencies has been accumulated in the required amount, the monthly payments into the Bond Fund may be reduced to one-sixth (1/6) of the next installment of interest and one-twelfth (1/12) of the next installment of principal, j i respectively, and an amount sufficient to provide for the Paying Agent's fees, but I if the reserve for contingencies becomes impaired, the payments of cne-fifth (1/5) and one-tenth (1/10), respectively, and an amount sufficient to provide for the Paying v, Agent's fees, shall be resumed until the impairment is cured. The payments into the Bond Fund required hereby shall be made simultaneously with payments into the Public ' Utility Bond Fund, created by Section 11 (a) of Ordinance No. 275, and referred to in Section 9 of Ordinance No. 316, and into the 1963 Public Utility Bond Fund, created by Section 10 of Ordinance No. 437, which Ordinances have been heretofore referred to but which are the Ordinances authorizing the issuance of the outstanding bonds ranking on a parity herewith, specifically the 1954 Utility Bonds, the 1956 Utility Bonds and the 1963 Utility Bonds . j (c) If the revenues of the System are insufficient to make the required payment on the first business day of the following month into the Bond Fund, then the amount of any such deficiency in the payment made shall be added to the amount otherwise required 'rr!r` ~ ;i.'"~ i ~ii is l ~ ~ i..~''i: i ~ ~ ~ n ,. ~ , , ~ ,: ., ~ .. i~o Page 20 to be paid into the Bond Fund on the first business day of the next month. (d) If for any reason there shall be a deficiency in the payments made into the Bond Fund so that there are unavailable sufficient moneys therein to pay the principal of, interest on and Paying Agent's fees in connection with the bonds as the same become due, any sums then held in the reserve for contingencies shall be used to the extent necessary to pay the principal of, interest on and Paying Agent's fees in connection with the bonds, but such reservr_ shall be reimbursed in the amount of any such payment as above provided. The reserve for contingencies shall be used solely as herein provided, but the moneys therein may be invested as subsequently provided in this Ordinance. (e) When the moneys held in the Bond Fund, including the reserve for contingencies, shall be and remain sufficient to pay the principal of and interest on all the bonds then outstanding and the Paying Agent's fees, there shall be no obligation to make any further payments into the said Bond Fund. (f) All moneys in the Bond Fund shall be used solely for the purpose of paying the principal of and interest on the bonds of this issue and the Paying Agent's fees, except as herein specifically provided. If a surplus shall exist in the Bond Fund over and above the amount required for making all principal and interest payments when due and paying the Paying Agent's fees and over and above the reserve for contingencies after it has been established, such surplus may be applied only to the payment of the principal of and interest on any bonds that may be called for redemption prior to maturity or for the construction of extensions, betterments and improvements to the System. (g) There shall be withdrawn from the Bond Fund at least ten (10) days before the due date of any bond or interest coupon issued hereunder, at maturity or redemption prier to maturity, and deposited with the Paying Agent an amount equal to the amount of such bond or coupon for the sole purpose of paying the same, together with the Paying Age>nt's fen, ar.d no ithdrav~al of funds from said Bond Func' shall be made for. any other ,,•:. j , _ _, ,. ;. ~ . a, i i Page 21 purpose except as otherwise authorized in this Ordinance. Such deposit shall be at the sole risk of the City and shall not operate as a payment of the bonds or coupons until so applied. (h) The bonds of this issue shall be specifically secured by a pledge of all the revenues required to be placed into the Bond Fund. Said pledge in favor of the bonds is hereby irrevocably made according to the terms of this Ordinance, and the City and its officers and employees shall execute, perform and carry out the terms thereof in strict conformity with the provisions of this Ordinance. In this regard, as' elsewhere appears in this Ordinance, the bonds are issued• on a parity of security with the outstanding 1954 Utility Bonds, 1956 Utility Bonds and 1963 Utility Bonds of the City and all of said parity bonds have equal claims to and parity pledges of all moneys in ail bond funds and reserves for contingencies i maintained under authorizing Ordinances in various depositories for the 1954 Utility Bonds, the 1956 Utility Bonds, the 1963. Utility Bonds and the bonds of this issue. ! Section 14. Public Utility Depreciation Fund. After making t1~e required payments into the Public Utility Operation and Maintenance Fund, complying with the provisions of Section 12, and making the payments into the Bond Fund, there shall be paid from the Public Utility Fund into a fund designated "Public Utility Depreciation Fund", (called "Depreciation Fund") on the first business day of each month while any of the bonds of this issue are outstanding, 3% of the gross revenues of the System. The moneys in the Depreciation Fund shall be used solely for the purpose of paying the cost of replacements made necessary by the depreciation of the System, except that moneys in the Depreciation Fund shall be used to the extent necessary at any time to prevent the default in the payment of principal, interest and Paying Agent's fees. If in any fiscal year a surplus shall be accumulated in the Depreciation Fund over and above the amount necessary to defray the cost of the probably replacements during the then current fiscal year, an~3 the next ensuing fiscal year, such surplus' may be used fir any lawful municipal purpose . Kh •rr-F;"- , ~y{~ i 7ir by :•:,, 1 ~ . G ;a t ~.~~ tiulib. 4rh '-~' I'{ F~I~~ '~' ~ ~ ~}.:~ '1+ t,'} ~ v ~ ~ ~i! q 1' m~ 1?2 Page 22 Section 15. That any surplus in the Public Utility Fund after making all disbursements required by the provisions of this Ordinance and making full provision for the other funds herein provided may be used, at the option of the City, for the redemption of bonds prior to maturity in accordance with the redemption provisions herein set forth, for extensions, betterments and improvements to the System, or for any other lawful municipal purpose. Section 16. That the City hereby agrees that all payments on the bonds and interest shall be made only through the Paying Agent. All bonds paid or purchased either at or before maturity shall be cancelled when such payment or purchase is made, together with all unmatizred coupons appertaining thereto, and shall not be reissued. All unpaid interest coupons maturing on or prior to the date of such payment or purchase shall continue to be payable to the respective bearers thereof. Section 17. That as long as any of the bonds authorized and issued under and pursuant to the provisions of this Ordinance are outstanding , the City shall not issue or attempt to issue any bonds claimed to be entitled to a priority of lien on the revenues of the System over the lien securing the bonds of this issue, including the herein authorized and any and all future extensions , betterments and improvements . Nothing in this Ordinance shall be construed to prevent the issuance by the City of additional bonds to finance or pay the cost of constructing any future extensions , betterments or improvements to the System, provided, however, the City shall not authorize or issue any such additional bonds ranking on a parity with the outstanding bonds of this issue unless and until there shall have been procured and filed v.~ith the Trustee a statement by an independent certified public accountant not in the regular employ of the City reciting the opinion based upon necessary investigation that net revenues of the System for the fiscal year immediately preceding the fiscal year in wl-iich it is proposed to issue such additional bonds shall equal tl~u; .unonut rr:+~uir~~~l to b~~ set aside for the Depreciation Fund and tho amount necessary ct:,,_~~1.~ .~:::~._ _-'-' ~ litional pledges of any System Revenues (on the asai~:mption ri '. ... 'I ; ~ ~ t '. Page 27 shall be effective only in the event that the City Health Officer, or other duly designated individual or Board has found and declared that such failure on the part of any particular property owner constitutes a hazard to the public health and safety of the City and its inhabitants . Section 24. As elsewhere set forth herein the bonds are being issued, and will rank, in all particulars on a parity of security with the outstanding 1954 Utility Bonds, 1956 Utility Bonds and 1963 Utility Bonds and, consistent therewith, nothing herein shall be construed to in any way impair any of the security for all o f the parity bonds and to that end all provisions of this Ordinance are to be construed in harmony with or supplemental to, rather than inconsistent with, all provisions of the Ordinances authorizing the outstanding parity bonds . The detailed treatment given all aspects of the System:, System Revenues and the financing by this Ordinance, has been prompted by, and is consistent with, the inter-related nature of the electric, waterworks and sewer facilities in the City and their operation as one System and tl-e dictates of marketability requirements of System bonds on the most favorable basis . Section 25. (a) That the City covenants and agrees that the holders and registered owners of the bonds of this issue shall have the protection of the provisions of Section 13 of Act 132 of the Acts of Arkansas of 1933 (Ark. Stats. 19-4113), and that the City will diligently proceed to enforce the lien of unpaid sewer charges against the premises served by the Sewer facilities and to collect the amount due together with the penalty and expenses authorized by said Act 132. And, if the City shall fail to proceed within thirty (30) days after written request shall have been filed by the Trustee, the Trustee may, and upon the written request of th holders of not less than ten per cent (10%) in principal amount of the bonds of this issue then outstanding shall, proceed to enforce said lien in accordance with and pursuant to the authorization of said Act• 132 . X - ~ ~ ,~ .~... ~; 7{~ r .. i ~ .. ~ ,~ ~. x ~. ~ , v:. _. Page Zg (b) That if there be any default in the payment of the principal of or interest on any of the bonds of this issue, or if the City defaults in any Bond Fund requirements or in the performance of any of the other covenants con- tained and set forth in this ordinance, the Trustee may, and upon the written request of the holders of not less than ten percent (10%) in principal amount of the bonds of this issue then outstanding shall, by proper suit compel the per- formance of the duties of the officials of the City under the laws of Arkansas. And, in the case of a default in the payment of the principal of and interest on any of the outstanding bonds of this issue, the Trustee may, and upon the written request of holders of not less than ten percent (10%) in principal amount of the bonds of this issue then outstanding shall, apply in a proper action to a court of .competent jurisdiction for the appointment of a receiver to administer the System on behalf of the City and the bondholders and registered owners with i power to charge and collect (or by mandatory injunction or otherwise to cause to i be charged and collected) rates sufficient ro provide for the payment of the expenses of operation, repair and maintenance and to pay any bonds and interest outstanding and to apply the revenue in conformity with the laws of Arkansas and with this ordinance. When all defaults in principal and interest payments have been cured, the custody and operation of the System shall revert to the City. (c) No holder of any of the outstanding bonds of this issue shall have any right to institute any suit, action, mandamus or other proceeding in equity or in law far the protection or enforcement of any right under this ordinance or under the laws of Arkansas unless such holder previously shall have given to the Trustee ~~Yitten notice of the default on account of which such suit, action or proceeding is to be taken, and unless the ho1_ders of not less than ten per cent (10°~) in principal amount of the bonds of this issue then outstanding shall have made written request of the Tnistee after the right to e~.ercise such powers or Pmm i Y.; 3' k f , ~~k :.~ ~ 1'78 Page 29 right of action, as the case may be, shall have accrued, and shall have afforded the Trustee a reasonable opportunity either to proceed to exercise the powers herein granted or granted by the laws of Arkansas, or to institute such action, suit or proceeding in its name, and unless, also, there shall have been offered to the Trustee reasonable security and indemnity against the costs, expenses and liabilities to be incuLxed therein or thereby and the Trustee shall have refused or neglected to comply with such request within a reasonable time, and such notification, request and offer of indemnity are hereby declared in every such case, at the option of the Trustee, to be conditions precedent to the execution of the powers and trusts of this ordinance or to any other remedy hereunder. It is understood and intended that no one or more holders or registered owners of the bonds hereby secured shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of this ordinance, or to enforce any right hereunder except in the manner herein provided, that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the benefit of all holders of the outstanding . bonds and coupons, and that any individual rights of action or other right given to one or more of such holders by law are restricted by this ordinance to the rights and remedies herein provided. (d) That all rights of action under this ordinance or under any of the bonds secured hereby, enforceable by the Trustee, may be enforced by it ~~ithout the possession of any of the bonds or coupons appertaining thereto,• anc"1' any such suit, action or proceeding instituted by the Trustee shall be bro~_~ght in its name for the benefit of all the holders of such bonds and coupons, subject to the prn~~isi~~ns of this ordinance. (e) That no rer.,edy herein conferred upon or reserved to the Trustee or t ~ the holders and registered owners of the bonds is intended to be, exclusive 1?9 remedy shall be cumulative and shall be in addition to every other remedy given hereunder or given by any other law. • (f) That no delay or omission of the Trustee or of any holders or registered owners of the bonds to exercise any right or power accrued upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this ordinance to the Trustee and to the holders and registered owners of the bonds, respectively, may be exercised from time to time and as often as may be deemed expedient. (g) That the Trustee may, and upon the written request of the holders . and registered owners of not less than ten percent (10%) in principal amount of i the bonds of this issue then outstanding shall, waive any default which shall +, have been remedied before the entry of final judgment nr decree in any suit, ~i action or proceeding instituted under the provisions of this ordinance or before ,~ the completion of the enforcement of any other remedy, but no such waiver shall ' extend to or affect any other existing or any subsequent default or defaults or impair any rights or remedies consequent thereon. Sect_ ion 26 . That when the bonds have been executed and the seal of the City impressed as herein provided, they shall be delivered to the Trustee and the Trustee shall authenticate them and deliver them to the purchaser upon payment in cash of the purchase price of $2,800,000 plus accrued interest from June 1, 1967 to the date of delivery (called "total sale proceeds"). The Trustee shall handle the total sale proceeds as follows: ~~~ ~ ~ h ~ ~ ~ ~ .. ; ~. 1 ''; i ., 180 in the Bond Fund. (2) The Trustee shall deposit the remainder of the total sale proceeds in a special account in the name of the City designated "1967 Public Utility Construction Fund" (called "Construction Fund") which shall be established and maintained in the Trustee. The moneys in the Construction Fund in excess of the amount insured by the Federal Deposit Insurance Corporation shall be continuously secured by bonds or other direct or fully guaranteed obligations of the United States of America, except that any moneys invested as hereafter authorized need not be so secured. The moneys in the Construction Fund shall be disbursed solely in payment of the costs of accomplishing the improvements, paying necessary expenses incidental thereto and paying expenses of isauing the bonds not paid by the purchaser. Dis- bursements shall be on the basis of checks or requisitions which shall contain at least the following information: the person to whom payment is being made; the amount of the payment; and the purpose by general classification of the payment. Each check or requisition must be signed by the individual occupying the top manage- rial position of the System, and in the case of all items of expense over which the Consulting Engineers shall exercise supervision (which shall include all expenses except engineering fees, legal fees, and expenses pertaining to the issuance of the' bonds) each check oc requisition shall be accompanied by a certificate signed by the Consulting Engineers (or by a representative thereof designated by the Consulting Engineers) certifying approval thereof. In the case of requisitions, the depository shall issue its check upon the Construction Fund payable to the person, firm or corporation designated in the requisition. The depository of the Construction Fund shall be required to keep records as to all payments made on the basis of requisitions, ~ l~ 'I ~ I ,,;~„~ ~ i , ~,~ t ~.~ i n'i 4 P9 { ~)~`il i it i~ q ~ 'lid I ~ V ~ i ~ ~'I r n~ l~ ii ~~ irm~y~:~ i~, ~ ~,~' ~ t I'~~,f ' J,'. ~ ~~; '.' ~ ~ Mi .i., I _ ~ ~ i t. 18 Page 32 and the West 1~emphis Utility Commission shall keep records of all payments made on the basis of checks . When the improvements have been completed and all required expenses paid and expenditures made from the Construction Fund for and in connection with the accomplishment of the improvements and the financing thereof, this fact shall be evidenced by a certificate signed by the person occupying the top managerial position of the System and by the Consulting Engineers, which certificate shall state, among other things, the date of the completion and that all obligations payable from the Construction Fund have been discharged. A copy of the certificate shall be filed with the Trustee, and upon receipt thereof the Trustee shall transfer any remaining balance in the Construction Fund to the Bond Fund. 182 Page 33 Section 27. (a) Moneys held for the credit of the reserve for contingencies in the Bond Fund shall be continuously invested and reinvested 1 pursuant to the direction of the City in direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States Government,-. or Certificates of Deposit of the Trustee, which Certificates of Deposit must be fully secured by direct obligations of the United States Government, which shall mature, or which shall be subject to redemption by the holder thereof, at the option of such holder, not later than ten (10) years after the date of such investment. (b) Moneys held for the credit of the Constriction Fund may, at the ortior. cf the City, be invested and reinvested pursuant to the direction of the City in direct obligations of, or obligations the principal of and interest on which, are unconditionally gua*anteed by, the United States Government: or Certificates of Deposit of the Trustee, which shall mature, or which shall be subject to redemp- tion by the holder thereof, at the option of such holder, not later than the date or dates when the money held. for the credit of the particular fund will be required for the purposes intended. (c) Moneys held for the credit of any other fund may, at the option of the City, be invested and reinvested pursuant to the direction of the City in direct obligations of, or obligations the principal of and interest on which, are I ;~ i unconditionally guaranteed by, the United States Government, or Certificates of Deposit of banks that are members of the Federal Deposit Insurance Corporation, which Certificates of Deposit must be fully secured by direct obligations of the United States Government, which shall mature, or which shall be subject to redemp- tion by the holder thereof, at the option of such holder, not later than the date or dates when the moneys held for the credit of the particular fund will be required for 183 (d) Obligations so purchased as an investment of moneys in any such fund shall be deemed at all times to be a part of such fund and the interest accruing thereon and any profit realized from such investment shall be credited to such fund, and any loss resulting from such investment shall be charged to such fund; except that earnings on investments of moneys in the reserve for contingencies which increase the amount thereof above $200,000 may to the. extent of any such excess be transferred from time to time out of the reserve ii for contingencies into the Bond Fund. Section 28. That in the event the office of Mayor, City Clerk, City Treasurer, Manager of the System or City Council shall be abolished, or any two or more of such offices shall be merged or consolidated, or in tha event the duties of a particular office shall be transferred to another office or officer, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable j of performing the duties of his office by reason of sickness, absence from the ' City or otherwise, all powers conferred and all obligations and duties imposed upon such office or officer shall be performed by the office or officer succeeding to the principal functions thereof, or by the office or officer upon whom such powers , obligations and duties shall be imposed by law . ' Section 29. That the provisions of this Ordinance shall constitute a binding contract between the City and the holders and registered owners of the outstanding bonds and coupons issued hereunder, and the City will at all times ,I strictly adhere to the terms and provisions hereof and fully discharge all of its obligations hereunder. Subject to the terms and provisions contained in this sec~ion ar:d not otherta-ise, the holders of not less than seventl>-five per cent (75%) in aggregate principal amount of the bonds then outstanding shall have ~y ~ .~ N. ' . + ,' ~ .. ..~ .. .. - 164 the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance supplemental hereto as shall be necessary or desirable for the purpose of mbdifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Ordinance or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting (a) an extension of the maturity of the principal of or the interest on any bond issued hereunder, or (b) a reduction in the principal amount of any bond or the rate of interest therein, or (c) the creation of a lien upon or a pledge of revenues other than as expressly authorized by the appropriate provisions of this Ordinance as now adopted, or (d) the creation of a privilege of priority of any bond or bonds over any other bond or bonds, or (e) a reduction in the aggregate principal amount of the bonds required '1 for consent to such supplemental ordinance. Section 30. That the Mayor is hereby directed to publish for one insertion in ' which is hereby found and declared to be a newspaper published in the City and of general circulation therein, this Ordinance, to which shall be attached a Notice i { signed by him in substantially the following form: r ,,, . _ ... _ ., ,~ ~, r w ,r; r~ ~ , M ~r NOTICE Notice is hereby given that the City Council of the City of West Memphis, Arkansas, has adopted the ordinance hereinafter set out; that the City contemplates the issuance of the Public Utility Revenue Bonds described in the ordinance; that any person interested may appear before the Council on the day of 1967, at o'clock .m., at the usual meeting place of the Council held in the City and present protests . At such hearing all objections and suggestions will be heard, and the Council will take such action as is deemed proper in the premises . DATED this clay of 1967. f ~ ~ Q,~ i'~ L~ Mayor 185 186 Section 31. That the Trustee of the bonds issued hereunder shall be Union Planters National Bank of Memphis, Memphis, Tennessee. The Trustee shall only be responsible for the exercise of good faith and reasonable prudence in the execution of its trust. The recitals in this Ordinance and in the face of the bonds are the recitals of the City and not of the Trustee. The Trustee shall not be required to take any action as Trustee unless it shall have been requested to do so in writing by the holders and registered owners of not less than ten per cent (10%) in principal amount of the bonds of this issue then out- standing and shall have been offered reasonable security and indemnity against the costs, expenses and liabilities to be incurred therein or thereby. The Trustee may resign at any time by ten (10) days notice in writing to the City Clerk and the majority in value of the holders and registered owners of the out- standing bonds of this issue at any time, with or without cause, may remove the Trustee. In the event of a vacancy in the office of Trustee, either by resignation or by removal, the majority in value of the holders and registered owners of the outstanding bonds of this issue may appoint a new Trustee, such appointment to be evidenced by a written instrument or instruments filed with the City Clerk. If the majority in value of the holders and registered owners of the outstanding bonds of this issue shall fail to fill a vacancy within thrity (30) days after the same shall occur, then the City shall forthwith designate a new Trustee by a written instrument filed in the office of the City Clerk. The original Tnzstee and any successor Trustee shall file a written acceptance and agreement to execute the trust imposed upon it or them by this Ordinance, but only upon the terms and conditions set forth in this Ordinance and subject to the provisions of this Ordinance, to all of ~~~hich the respective holders and registered owners of j the bonds agree. Such written acceptance shall be filed with the City Clerk and a copp~ thereof shall be placed in the bond transcript. any successor Trustee ... ,,. _ ,, `G __ ., ~i$ Page 38 I,j shall have all the powers herein granted to the original Trustee . In the event '~i of a change in the office of Trustee, the old Trustee which has resigned or been removed shall cease to be Paying Agent. Section 32. That the System shall be operated on a fiscal year basis beginning and ending Section 33 . That the provisions of this ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of the ordinance. Section 34. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. ~ '~ Section 35. That the presently existing West Memphis Utility Commission shall continue in office and shall continue to have charge of and ''. i shall perform the rights , duties and obligations of the City under this Ordinance ~i with reference to the accomplishment of the improvements , the operation and ~, maintenance of the System and the collection and handling of System Revenues ~~~; and shall have and exercise with reference to the System all authority and powers granted by the City Council and by applicable laws of the State of Ar ansas. Immediately upon this ordinance becoming effective all moneys in the existing funds into which revenues of the System are initially deposited (including, without limitation, the Water and Sewer Fund created pursuant to the provisions of Section 9 of Ordinance No. 275) shall be deposited into the Public Utility Fund created pursuant to the provisions of Section 10 hereof; all moneys in any Operation and Maintenance Fund (including, without limitation, the moneys in the Water and Sewer Operation and I~4aintenance Fund created pursuant to the provision of Section 9 of Ordinance X10. 275) shall be deposited into the Public Utility Operation and Maintenance Fund created pursuant to Section 11 hereof; and all moneys in any ~;~mtc7f Wvn r A! ~~ i ~i ~~9iNIPp? ~' ~": qp~,,. ~ n~ 9G ~ i ~ ~ I P'. ~,i ~ y + I t ~ ~ e 4 ~ .. I 1 ~ i' ~ ~ i~ ~ ~, ~ ~ , t~ MH ~~ ,~ ;. „ { 168 Pale 39 Depreciation Fund (including, without limitation, the moneys in the LVater and Sewer Depreciation Fund created pursuant to the provisions of Section 12 of Ordinance No. 275) shall be deposited into the Public Utility Depreciation Fund created pursuant to the provisions of Section 14 hereof. - Section 36 . That it is hereby ascertained and declared that the improve- ments must be accomplished as soon as possible in order to make the System adequate for the needs of the City and its inhabitants , without which the life , health, safety and welfare thereof are jeopardized, and that the issuance of the bonds and the taking of the other action authorized by this Ordinance is necessary for the accomplishment thereof. It is, therefore, declared that an emergency exist: an ~i This Ordinance being necessary for the immediate preservation of the public peace , health and safety shall take effect and be in force from and after its passage. PASSED: ~;n2II 2p 1967. APPROVED: ,i-~, ~t Mayor ATTEST: _~ _ ,.- .._ ~_~L : _ ti (~ ~ ~ ,~~' City Glerk ~,-~' (SEAL) ~i89 Miss Ann Payton appeared before the Council stating she represented several women in West Memphis, who could not be present, requesting information in regard to the treatment of dogs according to newspaper articles. P4ayor Eden stated the City recognizes the fact that the dog pen needs some improvements, but the conditions were misrepresented in the newspaper articles. In answer to the question on destroying dogs, the Mayor stated a house was built as a gas chamber to use carbon monoxide from a tractor, but after investigation found that method took too long for the dogs to die and was not used, and the dogs are now shot or put to sleep. Dogs with license are not placed in the pen when found running at large but are returned to the owner, who is given a Summons to Court, therefore, approximately six to eight dogs are destroyed a week. Also, the State Health Department recommends the burying of doge, but the present area used will be the site of the sewage treatment plant; therefore, information has been obtained that a Hartford, Conn. company manufactures a 60 pouid per hour crematory that uses diesel fuel at a price of $1135.00 or a gas unit for $2110.00, and that additional literature will be Aresented to the Council at the next meeting. The Mayor stated he was of the opinion diesel fuel would be too dangerous and the gas unit. would be preferable, however, there is no gas avilable at the dog pen and the crematory would have to be placed at another location as there is no obnoxious odor. After a discussion of the dog problem, newspaper articles, type of floor for the dog pen, motion was made by Alderman Weis: That the City improve the dog pen by separating the large and small dogs, instruct the dog catcher to water and feed the dogs, place a sand floor in the pen, keep the pen clean, and provide a shelter for the doge. The motion was seconded by Alderman Matthews. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. Motion was made by Alderman Smith: That the dogs be destroyed by a veterinarian giving shots, and the City to pay not more than $1.00 per dog. The motion was seconded by Alderroan Rodgers. Upon vote, the voting was as follows: Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith, and Weis. Nay: None. The 3urisdiction of the Park Commission as to maintenance of the ballparks was discussed. No further business being presented, the meeting was adjourned. r~ R ~> _~-/~ ATTEST_ CITY c APPROVED: MAY !~, 19b7