1923ORDINANCE NO.
AN ORDINANCE TO AMEND SECTION 2.30.170 OF THE WEST
MEMPHIS MUNICIPAL CODE TO INCREASE THE PAYMENT FROM
THE WEST MEMPHIS UTILITIES TO THE CITY GENERAL FUND
FROM 4'/a% TO 5% AND FOR OTHER PURPOSES.
WHEREAS, Section 2.30.120 of the West Memphis Municipal Code provides for a
payment in lieu of taxes from the West Memphis Utilities to the city general fund in an annual
amount of 5% of gross revenue; and
WHEREAS, Section 2.30.170 of the West Memphis Municipal Code establishes the
payment from the West Memphis Utilities to the city general fund in the sum of 4'/a% of the gross
residential, commercial, industrial, electrical revenue; and
WHEREAS, Section 2.30.170 of the West Memphis Municipal Code should be amended
to be consistent with Section 2.30.120;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section 2.30.170 of the West Memphis Municipal Code is hereby amended
to read as follows:
The revenue received each year from utility operations, before being used for any
other purpose, shall be used by the commission for the following purposes in the
order named:
A Payment of all operating expenses;
B. Payment of all current bonded indebtedness of the city where revenues
have been pledged, not limited to, but including depreciation fund, and, any
other fund specifically designated by law;
C. For the payment to the city general fund, a sum of five percent of the gross
residential, commercial, industrial, electrical revenue.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
PASSED AND APPROVED this ~ day of ~ PR I L. , 2000.
WILLIAM H. JOHNSON, MAYOR
ATTEST:
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~, PHILLI A, CITY CLERK
SPONSORED BY:
RECEIVED
CITY CLERKS OFFICE
DATE -~ -O O S ~ ~a ~t
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" ORDINANCE N0. / / ,9
AN ORDINANCE TO AMEND ORDINANCE NO, 1069,
SECTION SEVENTEEN (17), PARAGRAPH "C"
DATED MAY 21, 1981, AND FOR OTHER PURPOSES.
BE xT ORDAxNED BY THE C~T~ CpUPJC~L Qf :THE CI'TY' OF WEST MEMPIITS,
ARKANSAS;
SECTION 1, Ordinance No, 1069, Section Seventeen (17), Paragraph "C",
shall be amended to read as .follows;
For the payment to the City General Fund, a sum of Four and One
Quarter Per Cent (4%q) of the Gross Residential, Commercial,
Industrial, Electrical Revenue.
SECTION 2. All Ordinances or Parts of Ordinances in conflict herewith,
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are hereby repealed.
PASSED AND APPROVE
1984.
ATTEST:
SPONSORED BY:
D this ~ ~ day _ ~Jn~
MAYOR
Alderman Clarence Guin
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ORDINANCE N0. .1069
AN ORDINANCE TO ESTABLISH A PUBLIC UTILITY COMMISSION
FOR THE CITY OF WEST MEMPHIS, ARKANSAS, CONSISTING OF
SEVEN (7) MEMBERS, DEFINING THEIR DUTIES AND PROVIDING
THEIR AUTHORITY TO OPERATE, MANAGE, AND CONTROL THE
WEST MEMPHIS UTILITY DEPARTMENT, AND DECLARING AN
EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION 1. Creation. There is hereby created a
West Memphis Utility Commission, hereinafter called,
"The Commission", consisting of seven (7) resident qualified
electors who shall be experienced in some type of business
management.
SECTION 2. Appointment. Members of "The Commission"
shall be nominated by any member of the City Council and
elected by a majority vote of such governing body.
SECTION 3. Terms. "The Commission Members" shall be
elected for two (2) year terms; and, each with the right of
succession upon the expiration of their respective terms.
Their successors shall be appointed or reappointed as provided
in SECTION 2 above. Vacancies by death, resignation, or
other reasons may be filled as provided for in the original
selection.
SECTION 4. Quorum. Four (4) members of "The Commission"
shall constitute a quorum for transaction of business.
SECTION 5. Compensation. The Commissioners shall be paid
$150.00 monthly for their services and shall be paid for such
expense which might occur while away from home conducting
commission business. No C ommissioner shall receive pay who
does not attend a regular meeting of the Utility Commission.
SECTION 6. Meeting. The regular meeting date of
"The Commission" shall be the Second Thursday of each month
~`~ at such times as "The Commission" may designate. Special Call
Meetings shall be held as often as necessary to conduct
special business of "The Commission".
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SECTION 7. Removal. The Commissioners shall be removed
for cause by two-thirds (2/3) vote of the City Council or
the failure to attend two (2) regular successive meetings
of "The Commission" without reason satisfactory to "The
Commission".
SECTION 8. Powers. "The Commission" shall have the
authority and power to employ Engineers, Auditors, Consultants,
and other experts where the need and occasion arises. Likewise,
"The Commission" shall have the authority to manage, operate,
improve, recommend salaries, establish policies, and to extend
the facilities of the Utility Department. Their powers are
not limited to, but include the purchase of electric current,
contracting for the purchase of supplies necessary for current
operation, letting and opening bids; and, all other necessary
things essential for their operation, providing any purchase
over Twenty-Five Thousand Dollars ($25,000.00) is confirmed by
the City Council.
SECTION 9. City Attorney. The City Attorney shall be
the City Attorney for "The Commission" and custodian of all
legal documents of "The Commission". When additional legal
assistance is required by "The Commission" it must be approved
by a majority vote of "The Commission". The City Attorney
shall recommend Counsel desired.
SECTION 10. Financial Director. The Financial Director
for the City of West Memphis shall be the Financial Director
for "The Commission" and perform such duties as "The Commission"
may direct.
SECTION 11. Rates. "The Commission" shall have the
authority to recommend the rates for the electric and water
rates after two (2) Public Hearings. The Date, Place, and Time
of the Public Meeting shall be at the discretion of "The Commission"
provided there shall be fourteen (14) days before the Second
Meeting. The City Council shall have final authority for rates.
SECTION 12.
Payment in Lieu of Taxes. There shall be
paid to the City of West Memphis General Fund by "The Commission"
in lieu of taxes, a sum not more than the amount a private utility
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would pay for the privilege of operating such utility within
a city, an annual sum of five per cent (5%) of the gross revenue
for the franchise charge, the sum to be payable one-twelfth (1/12)
at the end of each month.
SECTION 13. General Manager. "The Commission" shall have
the authority to employ a General Manager who shall have the
responsibility for the employment and regulation of all employees
of "The Commission" subject to the policies established by
"The Commission".
SECTION 14. Reports. The City Council shall receive a
report, monthly, on the financial affairs of "The Commission"
and such other reports as may be requested from time to time.
SECTION 15. Oath. Before entering upon the duties of
"The Commission" each member shall take the oath prescribed by
the Arkansas Constitution, Article 1, Section 20.
SECTION 16. Officers of the Board. "The Commission"
shall elect a Chairman and Vice Chairman who shall be elected
~' annually. "The Commission Chairman" or "Vice Chairman" shall
preside at all meetings.
SECTION 17. Disposition of Revenue. The Revenue received
each year from utility operations. before being used for any
other purpose, shall be used by "The Commission" for the
following purposes in the order named:
A. Payment of all operating expenses.
B. Payment of all current bonded indebtedness of
the City where revenues have been pledged;
not limited to, but including Depreciation Fund;
and, any other fund specifically designated by law.
C. For the payment to the City General Fund,
one-twelfth (1/12) each month, a sum not more than
( five per cent (5%) of the Gross Revenue.
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SECTION 18. This Commission shall take office subject
to any previous contracts for bonds or notes, purchase of supplies,
and services performed, all of which are re-adopted and confirmed
by the members of the new commission.
SECTION 19. All Ordinances or Parts of Ordinances in conflict
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herewith are hereby repealed.
SECTION 20. It having been found and determined by•the City
Council of the City of West Memphis, Arkansas, that there is an
immediate need to revise the Utility•Commission, an emergency is
declared to exist, and this Ordinance being necessary to protect
the safety, health and welfare of the Citizens of West Memphis,
Arkansas, shall become effective upon its passage and approval.
PASSED AND APPROVED this a~ day of _, 1981.
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SPONSORED BY:
Robert Bentley
Curtis Dalton
Larry Shelton
Gary Walker
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CE-hiAYOR
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