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1362 RESOLUTION 1 3 C~ 1. WHEREAS, the City of West Memphis (the "City") is a w defendant in two separate suits involving the validity of Ordinance 1564 (the "Ordinance"); and WHEREAS, the City, acting by and through the members of the City Council of the City of West Memphis, Arkansas (the "Council"), believes that it is in the interest of the City, the utility ratepayers and taxpayers of the City, to submit the issue of the Ordinance to the voters of the City; and WHEREAS, a meeting of the Council resulted in the request that lawyers for the City contact Senator Mike Everett, the lawyer for Thomas Burroughs, to allow the people of the City to make this determination rather than judges in Little Rock; and WHEREAS, Thomas Burroughs stated publicly and to the representative of the local newspaper that he only wanted an election and would instruct Senator Everett to this effect; and WHEREAS, Mr. Burroughs and Senator Everett refuse to dismiss the appeal filed on behalf of Mr. Burroughs even though Mr. Burroughs publicly stated that he favored this action; and WHEREAS, the Council has been advised that the result of any election will still be subject to reversal by judges in Little Rock because of Mr. Burroughs' appeal; and r WHEREAS, the effect of Mr. Burroughs' statement that he only wanted an election is completely nullified by his refusal to dismiss his appeal; and WHEREAS, the Council has been on record as stating that ~rr only the people of the City should decide this issue; and WHEREAS, Mr. Burroughs' public statements supporting an election, but his actions and those of his lawyer, Senator Everett, in refusing to dismiss his appeal mislead the public and amount to a cruel and expensive hoax; and WHEREAS, it is the duty of the Council not to needlessly negotiate with persons who say one thing and do another thereby not negotiating in good faith; and WHEREAS, it is the duty of the Council not to be held hostage to the whim of any one person and his lawyer; and WHEREAS, it is the will of the Council that the people of the City of West Memphis, and not seven judges in Little Rock decide this issue. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF WEST MEMPHIS. 1. The City cease to negotiate with Mr. Burroughs and his lawyer, Senator Everett, until such time as Mr. Burroughs takes the necessary action to allow the validity of Ordinance 1564 to be solely determined by the vote of the people of the City of West Memphis, Arkansas. 2. Counsel for the City is authorized to take whatever action is necessary to protect the citizens of this City from 2 having judges and not the people decide the issue over the Ordinance. 3. Counsel for the City is also instructed that the City will not deal with persons who do not deal in good faith, and counsel is further instructed not to permit Mr. Burroughs and his lawyer to have two opportunities to defeat Ordinance 1564 ,,. when one of those opportunities could result in the judicial overruling of the vote of the people of the City of West Memphis. 4. Counsel for the City is instructed to dismiss any and all appeals filed or to be filed by the City if Mr. Burroughs and his lawyer sign binding documents to dismiss their appeal and agree to abide by the will of the people of the City of West Memphis. 5. The Council reaffirms its position that this issue belongs to the voters of the City of West Memphis and not the court in Little Rock. 6. The Council reaffirms its position that the City will not deal with persons who attempt to hold the City hostage and do not deal in good faith with the City. Counsel for the City is instructed to protect the City and to oppose any effort by Mr. Burroughs and Senator Everett to prevent an election from determining the validity of Ordinance 1564. APPROVED THIS oZ 157 D~ CITY LERK RECEIVED CITY CLERK OfFICE DATE p tt8 ~'~ Sponsor f