August 27, 196237
NSN'JTES OF AN ADJOURNED SESSION OF THE CITY COUNCIL OF THE CITY OF WFST MIIrPHIS,
ARKANSAS1_HELD AT THE CITY HALL IN SAID CITY ON THE 27TH DAY OF AUGUST, 1962, AT S P.M.
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The City Council of the City of West I•iemphis, Arkansas, met in an adjourned session
in the City of West Memphis at K:00 P.r2. on the 27th day of August, 1962. The meeting was
called to order by Fresident Eo Tempore Eden. The following were present: Aldermen:
3. C. Bowie, C. H. Rowton, Paul Matthews, Earl Felts, Kirby Leggett, 0. I. Bollinger; and
City Attorney W. H. Dillahunty. Absent: Mayor Howell B. Price and Alderman Y. G. Sims.
It being determined a quorum was present, the following proceedings were had to-wit:
Fresident Pro Tempore Eden informed the Council the August 16th session had been
adjourned subject to call, and this meeting had beer. called £or clarification o£ the
City's position in the matter of issuing of bonds under Act 9 cr Amendment 49 of Arkansas
in regard to obtaining financing for Burch Plow Company who contemplate moving to
West Memphis, inasmuch as City Officials had been questioned on their position.
P.fter discussion of the matter, motion was made by Alderman Bo Linger seconded by
Alderman Leggett: That the Council of the City of ~4est Memphis go on record as to
opposing the issuance of bonds under Amendment a9, and recommending that any financing
be had under Act 9. Upon vote, the voting was as follows:
~"ye: Aldermen: Bowie, Row-ton, Ntatthets, Felts, Leggett, and EoLinger.
No: None.
City Attorney- Dillahunty presented an ordinance entitled "An Grdirance Authorizing
The N.ayer And City Clerk To Execute An Agreement Between The Arkansas Power & Light
Compan;~ And The City Of West P.emphis; Arkansas, Fcr The Purchase Of Power And Energy
By The City Fcr Distribution Through Its Electrical System And The Supplyzrg Of Sower And
Energy By The Arkansas Power And Light Cemparit~, Declaring An Emergency And For Other
~Parposes."
Alderman Rotrton introduced the ordinance, which was read in full by Alderman Matthews
Alderman Rowtcn then moved that the rule requiring the reading in full of an ordinance
on three different days be dispensed with. The motion was seconded by Alderman Felts, and
on the roll being called the voting was as fol7.ows:
i~
Aye: Aldermen: Bowie, Rowton. Patthews, Felts, Leggett, and Bollinger.
No: None.
The President Pro Tempore declared that more than two-thirds of the members composing
the Council had voted in favor of the motion to suspend the rule and that it was carried.
Alderman Bowie then moved that the ordinance as read be adopted. This motion was duly
seconded by Alderman Rowicn, and on the roll being called the voting was as follows:
Aye: Aldermen: Bowie, Rowton, Matthews, Felts, Leggett, and Bollinger.
No: None.
The President Pro Temcore declared that the ordinance had been adopted, and then
called attention to the fact that Section $, the emergency section, must be adopted upon
a separate roll cal). in order to be effective.
Alderman Bollinger then read Section 5 again. Alderman Felts moved that Section 5
be ad.cpted. This motion was duly seconded by Alderman Leggett, and on roll call the
following voted:
dye: Aldermen: Botrie, Rowton, Patthews, Felts, Letgett, and Bollinger.
No: None.
The President Fro Tempore then declared that the ordinance and the emergency section
had been duly passed, and thereupon he signed the ordinance in open Council meeting, his
signature eras attested by the City Clerk under the seal of the Cit~•.
The ordinance read as fellows:
38
ORDINANCE NO, 1x24
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EtiECUTE AN AGREENaIT1T BET'va'EEN TIC ARRKANSAS
PO'rJER & LIGHT CCP9PANY AND THE CITY OF idEST I~iEMPHIS, ARKANSAS FOR THE PURCHASE OF Pv^WER AND
EIQE.RGY BY THE CITY FCR DIST.iIBUTION THROUGH ITS. ELECTRICAL SYSTT~..M, AND THE SUFPLYING OF POWER
ANII ENERGY BY THE ARKANSAS PO'vTER AND LIGHT COP:PANY,IE(:LnRING AN EMERGENCY AND FOR OTHER PURPOSES:
WHEREAS, the West I.lemphis Utility Commission at a meeting held on August 7, 1962, approved
a contract between the City o£ 4Test I:emphis, Arkansas, and the Arkansas Power & Light Comcany,
and recommended the approval of same by the City Council of the City of West Memphis, and
WHEREAS, said agreement recites that same is made the $th day of July, 1962, and the term
of the agreement shall be from June 25, 1962, to June 25, 1972.
NOW, THEREFORE, Be it ordained by the City Council of the City of West Memphis, Arkansas:
SECTION 1. That the agreement fcr electric service as recommended by the West N.emphis
Utility Commission be approved by the City Council of West Memphis, Arkansas.
SECTION 2. The term of the agreement shall begin on June 25, 19E2, and shall continue in
full force and effect to and including June 25, 1972, and shall be automatically extended fcr
successive periods of one year unless terminated by written notice given by one party to the
other not more than six (6) months nor less than three (3) months prior to the expiration o£
the original term or any extension thereof.
SECTION 3. The President pro tempore of the City of West 1•;emphis, Arkansas, presiding
in the absence of the Mayor, is hereby authorized, directed and empowered to execute the
power contract for the City of West Ylemphis, Arkansas, with the Arkansas Power & Light Company,
and his signature to be attested by the City Clerk of West Iwiemphis, Arkansas, and said agreement,
three copies of which are on fil in the office of the City .Clerk, shall be in full force and
effect upon the execution of said agreement by the appropriate officials of the Arkansas Power
and Light Company.
SECTION lt. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. The City Council has ascertained that it is imperative that a new power contract
be executed irmnediately; THEREFORE, an emergency is hereby declared to exist, and this ordinance
being necessary for the immediate preservation of the public peace, health and. safety, shall be
in full force and effect immediately upon its passage and approval.
.~~;;~~
Motion was made by Alderman Leggett, seconded by Alderman Rowton to adjourn the meeting
subject to call. Upon vote, the voting was as follows:
Aye: Aldermen: Bowie, Rwton, Piatthews, Felts, Leggett, Bollinger.
Ido: None.
ATTEST:_1~~~~a'y Pt~I ENT ~~ •~PORE I1DEN
CITY ;%°
APPROVED: SEPTEMBER 0, 19E2