1362
RESOLUTION 1 3 C~ 1.
WHEREAS, the City of West Memphis (the "City") is a
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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
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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
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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
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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 ~'~
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