May 28, 1946
T.!ITtLTTE5 OF AN ADJGCRT:ED OBEYING OF THE 1tiEST T~ETTFHIS CITY CUL'IiCIL
p,~;y 28, 1946
The Council of the City of ltiest Memphis in the County of Crittenden,
State of Arkansas, met in an adjourned session at City Hall in said City,
at 8:00 F.M. o~cleck on the 26th day of h'ay, 1946,
The meeting was called to order by the b:ayor, and the roll being ~~
called, there were:
Present: F. M. Dacus, in the chair, and the following named
aldermen: G. ~~. T~,cAuley, Curtis Foster, ~T. A. Johnson, J. B. Loyd,
0. I. Bollinger, and C. H. Brown; and City Attorne5• J. H. Spears,
City Clerk H. E. Manning, City Treasurer Dayton Sackett, and
Clarence Clifton, Attorney for the Light and Viater Department.
All members of the Council being present, the following procsedin~s
were had to wit:
L^inutes of an adjourned meeting on May 22, 1946, were road and
approved.
The follcwing resolution was introduced in v;riting by Alderman
Loyd, who moved that the same be read in full:
BE IT RESCL~TED, That the Mayor and Cit3* Clerk be and they are
hereby authorized and directed to publish the notice of the call of
the outstanding'"+ater and Electric Revenue Certificates of this city,
dated January 1, 1941, in t!ie amount of ~~213,000, said call to be
published according to the manner set out in the face of said
certif icate and in Ordinance No. 85 authorizing their issuance. ~~
The motion being seconded by Alderman Brown, the question was put
by the Mayor on the adoption of said motion, and the roll being called
the following voted:
Aye: G. Vr'. McAuley, Curtis Foster, J. A. Johnson, J. B. Loyd,
C. I. Bollinger, and C. H. Bra; and the following voted:
Nay • r'.one .
Mayor Dacus advised the Council that a committee had gone to
Little Rock as recommended by the Council at their last meeting on
May 22nd, and discussed with b;r. ~tiallace Townsend the proposed
crdinance for the refunding of the City's water bonds, and that
said ordinance had now been revised.
After discussion by said Council, Alderman G. W. 2v`.cAuley
introduced in writing the ordinance i'or that purpose, and moved
that the same be read in full. The motion being seconded by
Aldermar. C. H. Brown, the question was put by the hayor on the
adoption of said mction, and the roll being called, the following
voted:
Ayes G. u'T. b;cAuley, Curtis Foster, J. A. Johnson, J. B. Loyd, -
0. I. Bollinger, and C. H. Brown; and the following voted: ~ f~
Nay: None . J
1'dhereupon, the Mayor declared the motion duly passed and
ordered that said ordinance be read. Said ordinance was then
read in full by H. E. Manning, City Clerk.
-~~~
Alderman Curtis Foster then moved that the rule reouiring
said ordinance to be read in full on three different days be
suspended and that said ordinanee--be placed on-its second readinb,
seconded by Alderman J. A. Johnson, and thereafter the ~:ayor put
the question on the adoption of said motion, and the roll being
called, the following voted;
Aye: G. V+. b":cAuley, Curtis Foster, J. A. Johnson, J. B. Loyd,
r-- 0. I. Bollinger, and C. H. Brown; and the following voted;
i~
Nay: None.
'~1'heraupon, the p;:ayor declared the motion duly passed and said
ordinance placed on its second reading. The ordinance was then read
by H. :;. bSanning, City Clark.
Alderman J. B. Loyd, then moved that said ordinance be now
placed upon its final adoption, seconded by Alderman 0. I. Bollinger,
and after due consideration thereof by said Council, the Mayor put
the question on the adoption of the motion, and upon the roll being
called, the following voted:
Aye: G. pv. b~icAuley, Curtis Foster, J. A. Johnson, J. B. Loyd,
0. I. Bollinger, and C. H. Brown, and the following voted;
Nay: None.
V1`hereupon, the Mayor declared the motion duly carried and said
ordinance placed upon its final reading and adoption.
Said ordinance eras read in full by Alderman C. H. Er own, and
after due consideration thereof by said Council, the layor put the
question upon the adoption of said motion and upon the passage of
said ordinance, and the roll being called, the following voted;
!,_ Aye: G. Pr. McAuley, Curtis Foster, J. A. Johnson, J. B. Loyd,
0. I. Bollinger, and C. H. Brown; and the following voted:
Nay: None .
Vifhereupon, the Mayor declared said motion duly adopted and said
ordinance duly passed, and signed his approval to said ordinance,
same attested by the City Clerk, and impressed with the seal of said
City.
Alderman C. I. Bollinger then moved that said ordinance go into
immediate operation and become effective without delay because of the
emergency declared in Section 35 of said ordinance, which Section was
then read in full, seconded by Alderman C. H. Brown. The Mayor put
the question on the adoption of said motion, and the roll being called,
the following voted:
Aye: s. 7.. D?cAuley, Curtis Foster, J. A. Johnson, J. B. Loyd,
0. I. Bollinger, and C. H. Brown; and the following voted:
Nay: Nane.
F~hereupon, the Mayor decay red said motion duly passed.
Said ordinance, to which nc amendment was offered, read as
- follows:
~b~
ORDINANCE NO. lzl
AN OP.DIr1ANCE PROVIDING FCR THE ISSUANCE OF ."CATER
REVENUE BONUS TO REFUND OUTSTAr?DING Vl'ATER AN'D
ELP:CTRIC REVENUE CERTIFICATES ISSUE BY THE CITY
GF WEST N'R~1'I-iIS, ART{ANSASs PROVIDING FOR EliT'EIu'-
STIONS AND IN'.PROVEb'~NTS TG THE V,ATER SYSTEN'; SETTING
OF CERTAIN FUNDS: AN'D D?;CLARING AN EN:ERGED?CY.
VY'HEREAS, the City of ti~est Memphis, Arkansas, (herein-
after called the "City"), owns its present waterworks and electric
systems on which its owes a balance of X213,000, evidenced by water
and electric revenue certificates dated the 1st day of January,
1941, bearing interest at the rata of three and one-half per
centum (3 ~) par annum, which it can call for payment on July 1,
1946, at a premium of two and one-half per centum (2 ~) of the
principal amount and which it can refund by the issuance o£ revenue
bonds bearing interest at the rate of one and one-half per centum
(ly) per annum, with greatly shortened maturities, which will
result in a very large financial saving to the City; and
V~I~REAS, the City needs an estimated additional sum of
X6,000 for extensions to its waterworks distribution system; and
VaT-lEREAS, the City has surplus net revenues available to
redeem outstanding certificates of the face value of X6,000, to
pay the redemption premium on the entire outstanding series in
the event they are redeemed on July 1, 1946, and ell interest that
will have accrued or. said certificates to July 1, 1946; and
VIrFIEREAS, the City, by a resolution duly adopted on
May 7, 1946, has entered intc a contract with the Southern Securities
Corporation and hew is Yu. Cherry Coml.any, both of Little Rock,
Arkansas, for the sale of X213,000 of water revenue and refunding
bonds, to be issued for the purpose of refunding X207,000 of the
outstanding 3~f, water and electric revenue certificates, and X6,000
for making the needed extensions to the waterworks system, said
water revenue and refunding bonds tc be dated July 1, 1946, and
to mature serially on January 1 of the years 1957 to '_~56, both
inclusive, as hereinafter set out;
NOV1, THEREFORE, BE IT ORDAINED BY THE CITY COUidCIL OF
THE CITY OF ViEST N~;N"PHIS, ARI{ANSAS:
SECTION 1. That the Ccuncil hereby finds and declares
that there is immediate need for the extension of the waterworks
system now supplying water services in and to said City and that
a brief description of the extension to be made iss the laying of
additional water mains, at an estimated cost of X6,000; and it is
the determination of the Council to make said improvements and
extension.
SECTIOrI 2. The Council hereby finds and declares that it
is to the immediate benefit of the City and its inhabitants to
make the great financial saving which will result from calluig
the y~213,000 of 3~ present outstanding water and electric revenue
certificates at a premium of 2 ~~ of the principal and refunding
X207,000 in principal amount of them by a like amount of 1 o water
revenue refunding bonds.
SECTION 3. The Council hereby finds and declares that
the value of the existing waterworks syster.~ now serving the City
of '+'+est Memphis and its inhabitants is x;213,000 and that the
period of usefulness of the present systeri is more than forty
years, which is longer than the term of the proposed revenue bonds;
that the cost of the new improvement and extension will be ;;6,000
and that the value of the water system after the works have been
completed will be X219,000.
1~J~
SECTION 4. The Council hereby finds that it is to the
best interest of the City to authorize, issue and deliver at this
time, in accordance with the contract made on nay 7, 1946, with
Southern Securities Corporation and kiwis h~. Cherry Company,
both of Little Rock, Arkansas, X213,000 in 1;~"o water revenue and
refunding bonds, for which the purchasers will pay par and accrued
interest, but the City will pay the premium for the call of the
outstanding water and electric revenue certificates and the interest
accrued on said certificates to July 1, 1946, which premium and
- interest shall be paid solely from surplus revenues now on hand
from the operation of the water and electric light and power systems
baiongin~ to said City.
SECTICI~? 5. That under all lawful authority oP tho State
of Arkansas, and particularly of Act No. 131 of the Acts of the
General Assembly of the State of .;rkansas for the yrear 1933, as
amended by later acts of the Legislature (hereinafter called "Act
Tdo. 131, as amendad't), water revenue ref ending bonds of t:^ie City
(hereinafter called "Bonds") be issued in the total amount of ~213,i;C0,
the proceeds of which issue shall be used to provide funds to pay
the cost of the new improvement and extension, including legal and
other necessary exl:euses, and to pay the principal of the water and
electric revenue certificates now outstanding and being refunded;
said bonds shall be dated as of July 1, 1946, numbered from 1 to
213, both inclusive, to be in the denomination of $1x00 each, to be
callable for payment prior to maturity in inverse numerical order
at gar and accrual interest on any interest paying data on and
after January 1, 1952, and to mature in numerical order on the
first day of January in sack of the follaving years and in the
following amounts respectively*:
YF.~AR 3CT~ NOS. A2IOLTIT
1947 1 to 19, incl. ~ 19,000
-- 1943 2G to 39, " 20,000
149 40 to 60, " 21,000
1550 61 to 82, " 22,000
1951 83 to 105, " 23,000
1952 106 to 128, " 23,000
1953 129 to 150, " 22,000
1954 151 to 172, " 22,000
1955 173 to 193, " 21,000
1956 194 to 213, " 20,000
That the bonds bear intarast at the rata of one and one-half per
cent am (15;x) per annum; that intarast be payable on January 1, 1947,
and semi-annually thereafter on the first day of January and July
of each year; that the bonds ba signed by the Mayor and City Clerk
and sealed with the corporate seal of the City; that the intarast
upon the bonds be evidenced by coupons thereto attached, the coupons
to ba sio ed by said T;Isyor by his facsimile signature; that said
r+ayor shall by the execution of the bonds adopt as and for his own
proper signature his facsimile signature appearing on said coupons;
that the bonds and coupons be pa;,rable in such funds as at the time
of the rasp-active payments are legal tender for the pa~anent of
debts due the United States of America at the office of the Union
TTational Bark of Little RocTc, Arkansas.
(i The bonds, together •,vith intarast thereon, shall be
'"- payrable solely out of the 'Tatar Revenue Refunding Bond Fund as
hereinafter defined, and shall be payab le in the first instance
from such Fund, and the amount of the revenues pledged to said Fund,
vrhich amount of said revenues is hereby pledged and mortgaged for
the equal and ratable payment of the bonds and shall be used for
no other purpose than to pay the principal and interest of the
:166
bonds, except as hereinafter set out. As additions l security- the
City pledges the net revenues from the electric system as hereinafter
set forth.
SEC^: ION 6. That said bonds and coupons be in substantially
the following form:
No.
UTdITED STATES CF Ar;'ER1CA
STATE. CF ARir.A"SAS
CCUT.}TY OF CRITTEB'D~N
CITY OF VEST 1'a"Ei,:i-1II5
1~" V~ater Revenue Refunding Bond
KI~'Ol"i ALL It'iEN BY TxESE FRESF.NTS:
j~1000.00
That the City of Vilest Paiemphis, in the County of Crittenden,
State of Arkansas, for value received, hereby promises to pay,
solely from the special fun3 provided the ref'or as hereinafter set
forth, to bearer, the sum of
Or~~. TxcusA}~ DoLL4Rs
on the first day of January, 19 ,with interest, thereon at the
rate of one and one-hal£ per ce~'um (1~) per annum from July 1,
1946, wntil paid, payable on January 1, 1947, and semi-annually
thereafter on the first day of January and July of each year, upon
presentation and surrender of the annexxed coupons as they severally
become due. Both principal hereof and interest heroon shall be
payable in such funds as at the time of the respective payments
are legal tender for the payment of debts due the United States of
America, at the office of the Union National Sank of Little ?{ock,
Arkansas.
This bond is one of a series of 213 bonds, aggregating
Two Hundred Thirteen Thousand Dollars 0213,000), all of like tenor
and effect, except as to maturities, dated as of July 1, 1946,
numbered from 1 to 213, both inclusive, and is issued for the purpose
of the improvement and extersiori of the existinb waterworks system
now serving the City of Vest P~emphis (hereinafter called the "water-
works System"), and refunding outstanding Vdater and Electric Revenue
Certificates.
This bond and the series of which it forms a part are
issued pursuant to and in accordance tivith all lavrful authority of
the Mate of Arkansas, and particularlj• with the provisions of Act
i'o. 131 of the regular session of the General Assembly of the State
of Arkansas for the year 1933, as amended by later acts of said
ueneral Assembly of the State of Arkansas, and do not constitute an
indebtedness of said City of '1+'est }~:emphis within any constitutional
or statutory limitation. These bonds are payable ir. the first
instance from a fixed amount of the net revenues of the waterworks
system, sufficient to pay the principal of and interest on the bonds,
and the City pledges as additional security a sufficient amount
of the net revenue derived from year to year from the operation
of its electric system to prevent any default in payment of either
principal of or interest on said bonds. Said fixed amount of water
revenue has been duly set aside and pledged as a special fund for
that purpose and identified as the "Water Revenue Refunding Bond
Fund," created by Ordinance IvTO. 121, duly adopted by the City
Council of said City of 1Yest b9emphis on the 26th day of Dray,
1946, under which this bond is authorized to be issued, and the
lb t
said City of West la'emphis has fixed and has covenanted and agreed
to maintain ratan for water services which shall be sufficient at
all times to provide for the creation of separate depreciation
funds for necassar~ replacements to said waterworks system, to
provide for the pa;,*ment of the reasonable expenses of operation
and maintenance o." said waterworks system, and to provide for the
f-- payment of the principal of and interest on the bonds as the same
become due and payable.
This bond is expressly made negotiable by the statutes
under which it is issued, and is issued wit}x the intent that the
laws of the Mate of Arkansas shall govern the construction thereof,
and the City hereby agrees and warrants that it has no offset,
counterclaim or defense against said bond.
The bonds of this issue shall be callable for payment
before maturity, in inverse numerical order, at par and accrued
interest, from funds from any source, on any interest paying data
on and of+.er January 1, 1952. In the avant a call is made, the
City shall publish notice of such call for redemption once a week
for two weeks in soma newspaper of general circulation throughout
the State of Arkansas and published in tics City of Little Rock,
Arkansas, giving the number and maturity of each bond being called,
the first publication to be at least fifteen days prior to the
date fixed For redemption, and after the data fixed for redemption,
each bond so called will cease to bear interest, provided funds
for its pa~rnent are on deposit with the paying agent at that time.
IT IS HEIL.BY CsRTIFIED, R3CITnD April DRCIAR.z'D that all
acts, conditions and things required to exist, happen, and be
performed pursuant to snd in the issuance of this bond have been
!"~' performed in due time, form and manner, as required by law, and
that sufficient of the income and revenue which is deemed to be
derived from the operation of said waterworks system has been
pledged to and will be set aside into said special fund for the
payment of the principal of and interest on said bonds.
This bond shall not be valid until it shall }rave been
authenticated by the certificate hereon, duly signed by the Union
Ylational Bank of Litt la Rock, Arkansas.
IN VPITNESS WHER;CF, the City of Vest bemphis, Arkansas,
by its City Council, has caused this bond to be signed by the
hay or and City Clerk thereof and sealed with the corporate seal of
said City, and has caused the coupons hereto attached to be
executed by the facsimile signature of said Pdayor, all as of the
first day of July, 1946.
CITY OAF 'iJ'$ST E".~.4FHIS, ARIiAP1SAS
~Y ~ 7'~
Diayor
(Seal)
II Attests
i
1 er
~b~
(Form of Coupon)
No. "~
On the first day of J~n~ary, 1° the C sty of ~"dest
D,:emphis, Crittenden County, A~kansas,-unless the bond to which __
this coupon is attached is sooner called for payment, promises
to pay to bearer the sum of (~ ) Dollars, solely
out of the fund specified in e on tow ich this coupon apper- -J
twins, at the office of the Union National Bank of Little Rock,
Arkansas, in such funds as at the time of payment hereof are
legal tender for the payment of debts due the United States of
America, being interest then due on its water revenue rsfunding
bond dated July 1, 1946, and numbered
CITY OF '~~T3ST 1LT~,h`Fr'.IS, P.RIIANSAS
sy
Il;a;~or
(First coupon shall be for six months' interest.)
(Il?eyor's signature may be lithographed.)
On the back of said bonds is to appear the following;
C~RTIFICAT~
This is one of the bonds aggregating X213,000 described
within.
UNION NAT IOIlA L BANK
OF LITTLE RCCK, ARiiAI~'SAS, Trustee
By __
Vice-press er. & Trus C~ icer
Little Rock, Arkansas
1946
SECTION 7. .The City has established and now has on file
with its light and water departments a schedule of rates for the
various types of service for both electricity and water as supplied
by the light and water departments of the City, and the Council
hereby finds them to be reasonable and the necessary minimum rates
to be charged, and the Council hereby confirms and continues said
rates.
This Council further finds and declares that the water
rates as set out in the schedule above mentioned will produce a
total revenue sufficient to pay the total operation and maintenance
expense of the watervrorL-s system and provide for the payment of the
bonds herein authorized to be issued and the extension of the water-
works system, both principal and interest, as the same fall due
and are payable, and to create all funds herein provided.
Except as herein authorized, said rates, both for !'?
electricity and water, shall never be reduced until all bonds
herein authorized and all coulons thereto attached have been paid
in full and shall, when necessary, be increased in an amount
sufficient to provide for tho maintenance of the funds hereinafter
~b~~
described. 111zanever the total amount of the outstanding bonded
indebtedness has been reduced to sixty per centum (60~) of its
original total or less, exclusive of interest, and it shall be
made to appear to the Trustee that the earning capacity of the
waterworks system is sufficiently large to ~ustify it, a reduction
say be made in the rates hereinabove described, by and with the
consent of the Trustee, and to continue for such time as the Trustee
~-- in its sole 3iscretion may deem consistent with the ability of the
City to meet bond snd interest payments promptly, provided no
reduction in rates shall be made that will produce an estimated
net revenue, after setting up necessary funds for operation,
maintenance and depreciation of the Works, less than one hundred
twenty-five per cantum (1'~'.5j) of the average annual requirements
for all the payment of principal and interest of all water revenue
refunding bonds then outstanding, and although a reduction in rates
may be granted, the original rates hereinabove described may
be restored at any time Tatar, upon the sole demand of the Trustee.
Tha discretion of the Trustee shall be final, either as to granting,
refusing, or terminating any reduction in rates.
Sn"CTION 8. None of the £acilities or services afforded
by the waterworks system shall be furnished without a ra3sonable
charge being made therefor. In the event that the City or any
department, agency, or irstrumentality thereof shall avail itself
of the facilities or services afforded by the watanvorks system,
the reasc•rable value of the services and facilities so afforded
shall be charged against the City or such_derartment, agency, or
instrumentality, and shall be paid for as the charges therefor
accrue. The revenues so received from the City shall be deemed to
be revenues derived from the operation of the Works, and shall be
used and accounted for in the same manner as any other revenues
derived from the operation of the 1Vorks, 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 1Vorks.
SECTION 9. Ali moneys paid as accrued interest on the
bonds issued hereunder shall be placed in the Water Revenue Refur_ding
Bond Fund (hereinafter created) and applied to the payment of
interest payable on such bonds on the next interest payment date,
SECTION 10. The Treasurer of the City shall ba the
custodian. of the revenues derived from the Works, and shall give
bond for tiie faithful discharge of all duties as such custodiar_.
2uch bond shall be in an amount not less than y10,000, with a
corporate surety authorized to do business in Arkansas.
SECTIOD? 11. Mater Revenue Fund. From and after the
delivery of any bons issue unde~ha provisions of this ordinance,
the revenues of the watarv:orks system of the City and as it may
hereafter be iurproved and extended, shall be kept separate from
the general fund and all other funds of the City, and shall be
set aside and placed into a special and separate fund known as
the "Water Revenue Fund," and such revenues are hereby pledged
and shall be applied, first, to the payment of the operation and
mair_tenance of the 7Yorks.
~, SECTION 12. 'cr`ater System Depreciation Fund. After
making due provision or~Fie ogera ion an maintenance of the
'dYorks, there shall be paid from the :"later Revenue Fund into a
fund yr?rich is hereby created and designated "1Vatar System Deprecia-
tion Fund," on or before the 10th day of each month while any of
the bonds issued under this ordinance shall be outstanding, five
per centum (5;~) of all money derived from the operation of the
:'Yorks. P.ioneys in the 7iater system Depreciation Fund shall ba used
solely for the purpose of paying costs of replacements made
necessary by the depreciation of the Vdorks, except as otherwise
provided herein.
~' i U
If any surplus shall be accumulated in the ti'~ater System
Depreciation Fund over and above the amount which shall be necessary
to defray the cost of the probable replacements during the then
current fiscal year and next ensuing fiscal year, and which in the
judgment of the Council is not needed for replacements, such surplus
or excess may be transferred by the Council and paid into the dater
Revenue Refunding Bond Fund; provided, horovever, that such transfer
or payment into the V~ater Revenue Refunding ~3ond Fund shall be ir.
addition to all other payments hereinafter required to be made into
said yyater Revenue Refunding Bond Fund.
SF,CTION 13. 1later Revenue Refunding Bond Fund. (1) After
making due provision ~ or opera.ion~ sa intenance of the Vdorls and
depreciation thereon, there shall be raid from the Viater Revenue
Fund into a fund which is hereby created and desigr:ated "VTater
Revenue Refunding Bond Fund," the sums in the ar.:ounts and at the
time hereinafter stated ir. subsection (2) for the purpose of pro-
viding funds as a reserve and for the pa~~ment of the principal and
interest on the bonds as they mature according, to the follovaing
schedule:
Yr..AR BOND NOS. FRII~CIPAL IIITRR.EST TOTAL
Jan. 1 of Jan. 1 and July 1
each year of each year
1947 1 to 19, incl. i w 19,000,00 N 1,597.50 $~ 1,9-55,00 W 22,052,50
1948 LG to 39, incl. 20,000.00 1,455,00 1,305.00 22,760.00
1949 40 to 60, " ~ 21,000,00 1,305.00 1,147.60 23,452.50
1950 61 to 82, " ~ 22,000.00 1,147.50 982,50 24,130.00
1951 83 to 105, " 23,000.UO 982 ,5G 810.00 24,792.50
1952 106 to 128, " 23,000.00 810 ,v0 637.50 24,447.50
1953 129 to 150, " 22,000.00 637,50 472 .5U 23,110.00 -
1954 151 to 172, " 22,000.GO 472,50 307.50 22,78G.00 ' ii
1955 173 to 193, " 21,000.00 307 .5v 150.00 21,457.50 '~
1956 194 to 213, " 20,000.00 150.00 --- 20,150.G0 -''
(2) There shall be paid from the Y~ater Revenue Fund into
the 1"dater Revenue Refunding i3ond Fund, tc be deposited with the
Trustee, beginning on or before t}~e 10th day of the month after
the delivery of the bonds and continuing on or before the 10th day-
of each month thereafter until all the bonds vrith interest issued
under this ordinance have been paid ir:-full, or provision made
for such payment, a sun equal to one-fifth (1/5) of the next
installment of interest and one-tenth (1%1C) of the next installment
of principal of the bonds; provided, however, that when in any
fiscal year no principal or interest of the bonds of this issue
is in default and the amount in said ;"later Revenue Refunding Bond
Fund eouels the total amount required for making all principal and
interest payments on the bonds of this issue during the succeeding
twelve months, the amount so payable each month into said Fund
shall eouel one-sixth (1~6) of the next installment of interest
®nd one-twelfth (112) of the next installment of principal; pro-
vided, however, that for the last six months of 1946, the principal
installment shall be one-fifth (1~5) of the January 1, 1947, princi-
pal maturities.
The City may establish this reserve, equivalent to the ~
amount required for all principal and interest payments on the bonds
of this issue durir_g the next succeeding twelve months, either as J
herein set up or, at its option, it may set up said reserve from
future net revenues of either the water or electric systems, or
both. The City further agrees that the payments herein provided
to be made into the 1°rater Revenue Refunding Bond Fund shall be
err
made by the City in equal monthly installments, beginning January
1°47, sufficient to meet the next requirements of principal and
interest by depositing said amounts with the Trustee and paying
agent; provided, that such deposits shall be at the sole risk
of the City.and s}~all not operate as a payment of the bonds or
coupons until so applied. In addition to the foregoing, the City
shall deposit with the Trustee the sum of ~p100.U0 per month
~' whenever necessary so as to accumulate and maintain a contir_gency
I! reserve of X2,000.00 in such Water Revenue Refunding Bona Fund,
to be used for Faying agent's fees or other incidental expenses.
Any funds in the reserve he reinabove set up, shall, upon the
request of the City, be invested in United States Government bonds
of such type and maturities as the Trustee and the Iolayor of the
City shall mutually agree upon.
(3) If the revenues of the V1'orks in any month are
insufficient to make the required payment on or before the 10th
day of the following month into the VTa~er Revenue $efundirg Bond
Fund, then the amorsnt of any deficiency in the payment made shall
be added to the amount otherwise regt~irad to be paid into the
Water Revenue Refunding Bond Fund on or before the 10th day of the
neat month. The amount by which payments in any fiscal year
exceed the aggregate amount of interest and principal payable in
the next succeeding fiscal year shall be held in said Hater Revenue
Refunding Bond Fund as a reserve and used solely as herein pro-
vided; provided, however, that when the moneys held in the Vdater
Revenue Fefunding Bond Fund, including the reserve, shall be and
remain sufficient to pay the principal of and interest on all the
bonds then outstanding, the City shall not be obliged to make any
further pa;,rnents into the Water Revenue Refunding Bond Fund. If,
for any reason, the City shall fail at any time to make any of
i~ such payments into the 7:ater Revenue Refunding Bond Fund, any
suL then held as a reserve shall be used to the extent necessary
__ in the payment of the interest on and the principal of the bonds,
but such reserve shall be reimbursed from the Water Revenue Fund
out of the First available moneys in said Water Revenue Fund after
making the payments hereinabove re cuired to be made. A11 moneys in
the 'eater Rever_ue Refunding Bond Fund shall be used solely for the
purpose of paying the interest on and the principal of the bonds
issued under this ordinance and the paying agent's fees.
SECTIGId 14. Aftor the City shall have established the
Water Revenue Refunding Bond Fund hereinabove set out and shall
maintain such Fund, the City may use the surplus revenue arising
from the operation of the S;orks for any municipal purpose.
SECTICIJ 15. The City owns and operates its electric
system, and for t}:e purpose of preventing any default in the water
revenue refunding bonds authorized by this ordinance, it hereby
pledges as additional security for the payment of said water revenue
refunding bonds and interest thereon, the surplus revenue derived
each year from the operation of said electric system, with the
provision that the surplus revenue shall be that revenue which
remains after making full provision for the operation, maintenance,
repair, replacement, and depreciation of the electric system, and
any sum or sums trot may be necessary to prevent a default at any
time in the payment of either principal or interest of the bonds
authorized by this ordinance shall be paid from said net revenues
- of the electric system direct to the Trustee; and the surplus
electric revenue not Headed iri any year for the purpose of preventing
a default*that may have previously occurred, shall thereupon
be released from this pledge, but such release in one year shall
not release said surplus of succeeding years from this pledge.
( *in the water revenue refunding bonds for that year, or curing a default)
/~~
This pledge of the net revenues of the electric system shall, to
the extent herainabove set out, as long as any of the water revenue
refunding bonds remain outstanding, be prior to any other liens of
any kind or character that the City may later place on the electric
system or any subsequent pledge of its net revenues.
SECTION lo.• The City hereby agrees that the holders of
the water revenue refunding bonds herein authorized shall, in the i
event of a default, be subrogatad to all of the rights of the
holders of the water and electric revenue certificates refunde3
hereby.
SECTION 17. The City hereby agrees to make all payments
on bonds and interest onl}* through the paying aeert. All bonds
paid or purchased, either at or before maturity, shall be canceled
vrhen such pay:~nt or purchase is made, together ndth all arunatured
coupons appertaining thereto, and held by the City Treasurer, and
shall not be reissued. All unpaid interest coupons maturing on
or prior to the date of such pa5^.rent or purchase shall continue
to be payable to the respective bearers thereof.
SECTION 18. The bonds, together w2th interest thereon,
are not general obligations of the City nor do they constitute an
indebtedness of the City within the meaning of any constitutional
or statutory provision or limitation, but shall be payable solely
out of the Water Revenue Refunding T3ond fund as herebefore pro-
vided, and shall be a valid claim of the holders thereof only
against said Fund, and the amount of the revenues pledged to said
Fund, which amount of said revenues is hereby pledged for the equal
and ratable payment of the bonds issued, and shall be used for no
other purpose than to pay the principal and interest of the bonds __
as the same accrue, except as provided in this ordinance. ~~
~1
SECTION 19. All revenues from the ~l'orks shall be -'
deposited in such depository or depositories as may be lawfully
designated from time to time, subject, however, to the giving of
security by such depository as riow or as hereafter may be required
by law, and provided such depository* or depositcries shall hold
membership in the Federal Deposit Insurance Corporation. All
deposits shall be made in the name of the City and be so designated
as to indicate the particular fund to which the revenues belong.
SECTION 20. Nothing herein shall be construed in such
manner as preventing the issuance by the City of additional revenue
bonds to finance or pay the cost of constructing any future better-
ments and improvements to the F~orlcs; provided, however, that in
order to insure the payment of the interest on and principal of
the bonds, the City shall issue such additional revenue bonds
while any of the bonds of this issue remain outstanding only if,
at the time of the passage of an ordinance as provided in Section 10,
Act iuo. 131, Acts of Arkansas, 1933, as amended, the revenues of
the ti"dorks for the fiscal year immediately preceding the passage of
said ordinance (in this paragraph called the "Revenues") shall
have been sufficient in amount so that, if they were deemed to be
the total revenues derived from the entire waterworks system after
the then contemplated betterments and urprovements had been
completed, they would be at least equal to the maximum amount '^,
required to pay the cost of operation, maintenance, and depreciation ~~
of the ti7orks for the next ensuing fiscal year, and to pay the
combined principal and interest maturity requirements of the
remainder of the present bonds and the bonds of the new issue.
~~~ ~~
SECTICN 21. Tha Y~torks shall be operated upon a fiscal
year basis, beginning January 1 of each year and endin, on and
including the following December 31.
SECTIOIJ 22. It is covenanted and agreed by the City with
the holder or holders of the bonds, or any of them, that it will
(~~ faithfully and punctually perform alIl duties with reference to the
4Yorks required by the Constitution and st~stutos of the State of
__` Arkansas, including makinb and collected of reasonable and suf-
ficient rates lawfully established for services rendered by the
'aVorks, segregating the revenue of the system and its application
to the respective funds herein created.
SECTICN 23. The City will maintain the 'forks in good
condition and operate the same in an efficient manner and at a
reasonable cost. So long as any of the bonds era outstanding, tna
City agrees to maintain firs, lightung and tornado insurance on
the '~'r'orks in an amount which normally would be carried by a private
company engaged in a similar type of business. These insurance
policies are to be taken with companies approved by the Trustee,
era to earr•,; a clause :Waking them payable to the Trustee as its
interest may appear, are to be kept continuously in force, and
are either to be placed in the custody of the Trustee or the
Trustee shall be furnished a certificate of execution of said
policies. In the event of loss, the proceeds of such insurance
are to be applied solely towards the zeconstruction, replacement
or repair of the '+tiorks. In such event, the amity will, with
reasonable promptness, cause to be commenced and completed the
reconstruction, replacement and .repair, and the Trustee shall pay
such money to the City for such purposes upon the estimates of a
mutually selected engineer or architect. Nothing herein shall be
construed as requiring the City to expend sny funds for premiums
on its insurance on the `tiorks which are derived from sources other
than the operation of the 'y"corks, but nothing herein shall be
construed as preventing the City from doing so.
SECTION 24. So long as any of the bonds era outstanding,
the City will not mortgage, pledge, or otherwise encumber the 'tiorks
or any part thereof or any revenues therefrom, except as herein
provided, and will not sell, lease, or othe raise dispose of any
substantial portion of the same.
SiiCTICN 25. The City will keep proper books of records
and accounts (separate from all other records and accounts) in
which comp late and correct entries shall be made of any transactions
relating to the ',^forks.
SisCTICN 26. If there be any default in the payment of
either the principal of or interest on any of the bonds, the holder
or holders of any of the bonds may by proper suit compel the
perforrc~,nca of the duties of the officials of the City, as set
forth in said:Aet No. 131, as amended. If there be default in
the payment of the principal of or interest on the bonds, or if
the City shall fail to keep any other obligation which it herein
assumes, and such default shall continue for thirty days thereafter,
~i any court having jurisdiction in any proper action, which may be
instituted either by the Trustee on behalf of all the bondholders,
or by any holder of a bond in default, may appoint a receiver to
administer the forks on behalf of the City, with power to charge
and collect rates sufficient to provide for the expenses of the
receivership, the payment of the bonds and interest thereon, and
for the payment of the operating expenses, and to apply the income
1i~
and revenues in conformity with said Act and this ordinance pro-
viding for the issuance of said bonds, but when all defaults are
cured, the receivership shall be ended and the management and
control of the Works restored to the City.
SECTION 27. The City further covenants and agrees that I~
if default is made in the payment of any bond or coupon, or if the
City fails to meet any sinking fund requirements, the holder of ~J
such bond may declare that bond immediately due and payable, and
such bonds shall thereupon be immediately due and payable and in
default, and either the Trustee on behalf of all the bondholders
or any bondholder for himself may institute suit to enforce the
pledge lien herein granted.
SECTION 28• The bonds in the face amount of X213,000
shall be delivered to Southern Securities Corporation and i~wis
W. Cherry Company, both of Little Rock, Arkansas, upon payment by
them in cash of the full purchase price of said bonds, together
with the accrued interest on said bonds. The money received by
the City for accrued interest shall be paid into the V~ater Revenue
Refunding Bond Fund. Out of the X213,000 received fer the bonds,
w6,000 shall be deposited by the City in a special fund to be
known as the "Construction Fund Account" and to be used solely
for the purpose of paying the cost of the extension which the City
has planned. X207,000 of the money shall be deposited with the
National Bank of Commerce in liiemphis, Tennessee, the Trustee and
paying agent for the present Water and Electric Revenue Certificates.
To this amount the City shall add out of surplus net revenues
which it now has on hand, an amount sufficient to pay the premium
of 2~ of the principal amount of all the certificates being
redeemed, whatever additional stun, if any, may be necessary to "~
redeem the outstanding certificates, and an amount sufficient to Ii
pay accrued interest on all outstast~ng certificates to July 1,
1946, together with all paying charges, so that when the pa~nnent
has been made, the water revenue refunding bonds of this issue,
in the amount of X213,000, shall be the only indebtedness of
the City outstanding against the waterworks system.
SECTION 29. The bonds authorized hereby shall be callable
for payment before maturity, in inverse numerical order, at par
and accrued interest, from funds from any soiu~ce, on any interest
paying date on and after January 1, 1952. In the event a call is
made, the City shall publish notice of such call for redemption
once a week for ttivo weeks in some newspaper of general circulation
throughout the State of Arkansas and published in the City of
Little Rock, Arkansas, diving the number and maturity of each
bond being called, the first publication to be at least fifteen
days prior to the date fixed for redemption, and after the date
fixed for redemption, eaph bond so called will cease tc bear
interest, provided funds for its pa;Rnent are on deposit with
the paying agent at that time.
SECTION 30. In order that the pledge of net revenues
shall be a matter of record, a certified copy of this ordinance
shall be placed of record in the office of the Circuit Clerk
and Ex-officio Recorder of Crittenden County, Arkansas. i ',
SECTION 31. Vdhenever reference is made in this ordinance
to a Trustee, it shall r°fer to the union National Bank of Little
Rock, Ar1Qa.nsas. The said Trustee shall be responsible only for
wilful misconduct in the execution of this trust. The recitals
of act 'rerein contained, and contained in the bonds, are
t <<~
statements of the City and shall not be construed as boing made
by the Trustee. The Trustee shall not be racuired to effect
insurance against fire or damage to property, nor to advance any
money to pay insurance premiums, nor to pay any charges or special
assessments against said property, nor to see that this pledge
of revenues is properly recorded and kept in force as a pledge,
nor shall it be required to take notice or be deemed to have had
_ notice of any default of the City in the failure to perform any
of the conditions of this ordinance, unless said Trustee shall
have been specifically notified in writing of said default; nor
shall it ba required to take any action hereunder until it has
been indemnified to its satisfaction by the holders of the bonds
herein mentioned, or some of them, against loss or damage on
account thereof.
SECTICP: 32. It is hereby declared that the provisions
of this ordinance are separable and, if any provision of this
ordinance shall for any resson be held illegal or invalid, it shall
not affect tiie validit;,r of the re ma finder of the ordinance.
SECTIGPi 33. The P.:ayor is hereby directed to publish for
one insertion in the CRITTENDEl,' CCUIdTY TES, which is hereby
found and declared to be a newspaper published in and of general
circulation in the City of 'l;est b.emphis, 1lrkansas, a certified
copy of this ordinance, attached to a notice signed by hi.-,~, in
substantially the following form:
N O T I C E
Notice is hereby given that the City Council
(~' of the City of Nest ;~'emphis, ;lrkansas, has adopted the
ord finance hereinafter set out; that said City contemplates
- the issuance of the bonds described in said ordinance;
that any person interested may appear before the Council
on the 11th day of June, 1946, at 8;00 ctclock P.rI1. at
the usual place of meeting in the City of 'r'est N:emphis
and be heard. nt such herein, all objections snd suggestions
will be heard and the said Council vri11 take such action
as is deemed proper in the premises.
llates this ? 9th day of ~;ay, 1946.
~ ~ ~ ~-
D'ayor of 'rest Lam~is, Ar'xansas
Att s ,
/ C ~ arm
/(The date set for the hearing wall be more than ten days
after t?le date of publication of the notice and ordinance.)
i,
SECTION 34. X11 ordinances or parts of ordinances in
_i conflict herewith are hereby repealed.
lr~o
SECTION 35. It is hereby ascertained and declared that
there is immediate need, in order to protect the health and
property of the inhabitants of the City, for the improvement and
extension of the waterworks system now serving the City of 'crest
Memphis; therefore, an emergency exists and this ordinance is
necessary for the preservation of the public peace, health, and ~
safety, and shall take effect ar_d be in force yr thout delay from I i
and after its passage.
Fassed; May 2$, 1946
Approved; ~S~ F.Z,:. DACL'S
ItAYCR
(SEA L)
Attest;
~S~ H. L:AITI ~ PIG
CITYLC L^.RI'
~"oticn vaas made by Alderman G. ;;. I~".cAUley that the estimate
of Mid V~,-est Contracting Compar_y of ~11,168,5C for the construction
of the sewer system and apia owed by the Engineers, iviarion L. Crist
& Associates be paid. The motion was seconded by Alderman -)
C. I. Bollinger, and upon the me.tter being called to vote, the
following voted; '~
Aye: G. ';':. iu:cAuley, Curtis Foster, J, A, Johnson, J, B, I-eyd,
0. I. Bollinger, and C. H. Brown; and the following voted:
Nay: None .
I„otion vaas made by Alderman Brown and seconded b;• Alderrar_
McAuley to adjourn the meeting; upon the matter being called to
vote, the i'ollovring voted:
Aye: G. 'r:. ricAuley, Curtis Foster, J. A. Johnson, J, B. Loyd,
0. I. Bollinger, and C. H. Brown; and the following voi;ed:
Na~~~ None.
nAYCR
ATTEST:
'
'.I
/' C1T CLERIC ~~'