September 5, 1963162
MINDTES OF A REGiJI.AR MEETING OF THE CITY COUNCIL OF THE CTTY OF WEST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IDT SAID CITY ON THE 5TH DAY OF SEPTEMBER, 1963, AT 3_00 P.M.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 5th day of i
September, 1963. There were present: Mayor Bob Edett; City Clerk Charles Degraff, and
Aldermen: 0. I. Bo~~nver, R. C. Boxle, Earl Felts, Kirby Leggett, Paul Matthews,
Y. G. Sims, C. H. Rowton, and 8. C. Weis; and City Attorney W. H. Dillahunty.
Absent: None.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on August ]$, 1963, were aPProved as read.
Invitation from Rev. Joseph A. Ring of St. Michael's Church was read as follows:
Mayor Bob Eden
and City Council
Gentlemen:
St. Michael's is in the procesa~of completing what we believe to be an asset to r
West Memphis i.n our new school facilities.
We are planning to have an open house on Sunday from 5:00 p.m. to 7:00 p.m. for the
purpose of showing off what we think all West Memphians will consider a real contribution
and would sincerely appreciate your presence in order that we may be able to physically
show you our new school.
Your attendance will be deep]y appreciated.
Yours very sincere]y,
(Rev. ) Joseph A. King
Mayor Eden announced the ++nn*+„'~+us recommendation of the Members of the West Memphis
IItility Commission was that W. H. Hundhausen, Sr. be appointed ae a member of the Utility
Commission. After discussion, motion was made by Alderman Roxton, seconded by Alderman Matthews:
That W. H. Hundhauaen, Sr. be appointed to fill the unexpired term of W. K. Ingram as a member
of the IItility Commission. Upon vote, the voting was as follows:
Yea: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Weis.
No: None.
Mr. Hundhausen was notified of the appointment, and accepted expressing appreciation to the Council.
Mayor Eden recommended the reappointment of Doa Monroe ae s member of the Airport Commission.
After discussion, motion was made by Alderman Hollinger, seconded by Alderman Weis: That
Don Monroe be appointed as a member of the Airport Commission for a term of five years in
accordance with Ordinance No. 422. Upon vote, the voting xas as follows:
Yes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthexa, Sims, Roxton, Weis.
No: None.
The Mayor stated that consideration should be given to an ordinance authorizing the issuance
of Sanitation Improvement Revenue Bonds. This xas a matter xith xhich the Council xas familiar
and after a discussion, Alderman Rowton introduced an ordinance entitled:
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF SANITATION IMPROVEMENT
REVENUE BONDS; SETTING UP CERTAIN FUNDS; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY
and the City Clerk read the ordinance in full.
Alderman Sima, seconded by Alderman Weis, moved that the rule requiring the reading of an
ordinance or resolution in full on three different days be suspended and that the ordinance be
placed on its second reading. The Mayor put the question on the adoption of the motion and
the roll being called, the following voted Aye:
Aldermen: Hoxie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Wis,
and the following voted Nay: None.
Thereupon the Mayor declared that at least two-thirds of all members of the Council
having voted in favor of the motion to suspend the rule, the motion xas carried, and the
rule suspended.
The ordinance xas then read by the City Clerk.
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Alderman Bollinger, seconded by Alderman Bowie then moved that the rule
requiring the reading of an ordinance in full on three different days be
further suspended and that the ordinance be placed on its third reading. The
Mayor put the question on the adoption of the motion and the xroll being called
the following voted aye:
Aldermen: Howie, Bollinger, Felts, Leggett, Matthars, Sims, Rowton, Weis,
and the following voted Nay: None.
The Mayor declared that at least two-thirds of all members elected to the
Council having voted in favor of the motion to suspend the rule, the motion xas
carried, and the rule suspended.
The ordinance was then read by the City Clerk.
Alderman Bowie, seconded by Alderman Leggett, moved that the ordinance be
adopted. The question was put by the Mayor on the adoption of the motion and
the roll being called, the following voted aye:
Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Weis,
and the following voted Nay: None.
Alderman Felts seconded by Alderman Matthews, moved that Section 28, the
emergency clause, be adopted, and on roll call the following voted aye:
Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Weis,
and the following wted Nay: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted
and signed the ordinance, xhich was attested by the City Clerk and impressed with
the seal of the City.
The ordinance was given No. !;l~1.
The ordinance read as Follows:
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I ° ORDINANCE N0. ~i-~~ I
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AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
SANITATION IMPROVEMENT REVENUE BONDS; SETTING
UP CERTAIN FUNDS; PRESCRIBING OTHER MATTERS ~~`~
V RELATING THERETO; AND DECLARING AN EMERGENCY C~~~ •'
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WHEREAS it has been found by the City Council of the h, , ~`
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City of West Memphis, Arkansas, that a garbage and refuse in-
cinerator is necessary to the health and welfare of the inhabitants
of the City; and
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~ WHEREAS the City Council has heretofore contracted for `~
I' the purchase of a site for and the erection of a garbage and refuse
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~ incinerator (hereinafter "improvements") at a total cost to the
' City of $100,000; and
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~ WHEREAS the City can obtain funds with which to pay for -
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said improvements by the issuance of revenue bonds to be repaid `"w:,.
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from garbage collection fees; and
WHEREAS the City has made arrangements for the sale of
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its $100,000 City of West Memphis 3 1/2% Sanitation Improvement
l; Revenue Bonds dated September 1, 1963 and due on September 1 in
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I;. each of the years 1965 to 1974, inclusive, to Trulock ~ Company,'
~'` Inc., Little Rock, Arkansas (called "purchaser"), and the purchaser
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~ has elected to convert said bonds to an issue of $103,000 in bonds ,
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bearing interest at 3% and maturing as hereafter set forth; :'
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~° NOW, THEREFORE, BE IT ORDAINED by the City Council of
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the City of West Memphis, Arkansas:
Section 1. That the purchase and erection of said improve- _
~~ meets be and the same are hereby approved, ratified and confirmed.
Section 2. That the sale of $100,000 in bondsbearing
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i interest at 3 1/27. maturing as set forth above to Trulock & Company, `
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Inc., of Little Rock, Arkansas, and the conversion of said bonds Y '?
to an issue of $103,000 in bonds bearing interest at 3~ as set
forth below, be and the same are hereby approved and confirmed.
Section 3. That there are hereby authorized and ordered `
issued City of West Memphis, Arkansas, Sanitation Improvement '
Revenue Bonds in the total amount of $103,000, the proceeds of
the sale of which are necessary to pay for said improvements. The°
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bonds shall be dated September 1, 1963,and interest shall be pay-
able semiannually on March 1 and September 1 of each year commencing
March 1, 1964. The bonds shall be numbered consecutively from 1 to
105, and shall be in the denomination of $1,000 each, except bonds
numbered 28, 59, 70 and 93, which shall be in the denomination of
$500 each. All said bonds shall bear interest at the rate of 37. -
which shall be evidenced by interest coupons, and the principal and
interest shall be payable in lawful money of the United States of -
America upon presentation of the bond or proper coupon at the office
of Bank of West Memphis, West Memphis, Arkansas. The bonds shall
be negotiable coupon bonds payable to bearer and shall mature on
September 1 of each year as follows, but shall be callable for pay- _~.,•
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meet prior to maturity as hereafter set forth:
YEAR BOND NOS. AMOUNT
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1965 1 - 9 $ 9,000
1966 10 - 18 9,000
1967 19 - 28 9,500
1968 29 - 38 10,000
1969 39 - 48 10,000
1970 49 - 59 10,500
1971 60 - 70 10,500
1972 71 - 81 11,000
1973 82 - 93 11,500 -
1974 94 -105 12,000
Page 3
Section 4. The City has examined the computation by
which an issue of $100,000 in bonds bearing interest at 3 1/2% ,- ,
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maturing in the years 1965 through 1974 has been converted to an r.; ,.?
issue of $103,000 in bonds bearing interest at 37. as above set ~.
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forth and has found that by virtue thereof the City will receive ~+
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no less and pay no more than it would receive and pay if the bonds ~'
were not converted.
Section 5. The bonds shall be executed on behalf of
the City by the Mayor and City Clerk and shall have impressed
thereon the seal of the City. The bonds may be signed by the
facsimile signature of the Mayor but must be signed by the manual
signature of the City Clerk. Interest coupons attached to the
bonds shall be signed by the facsimile signature of the Mayor, and
the facsimile signature of the Mayor lithographed or printed on
the bonds or coupons shall have the same force and effect as if
he had signed each of said bonds and coupons. The bonds together
with interest thereon shall be payable solely out of the Sanita-
tion Revenue Bond Fund, as hereafter set forth, and shall be a
valid claim of the holders thereof only against such fund and the
amount of Revenues pledged to such fund, which revenues are hereby
pledged and mortgaged in an amount sufficient to provide for the
equal and ratable payment of said bonds. The bonds and interest
thereon shall not constitute an indebtedness of the City within
any constitutional or statutory limitation.
Section 6. That the bonds and coupons shall be in sub-
stantially the following form, and the Mayor and City Clerk are
hereby expressly authorized and directed to make all recitals con-
tained therein:
Page 4
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UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF CRITTENDEN
CITY OF WEST MEMPHIS
37. SANITATION IMPROVEMENT REVENUE BOND
N0. $
KNOW ALL MEN BY THESE PRESENTS:
That the City of West Memphis, County of Crittenden,
State of Arkansas, acknowledges itself to owe, and for value
received, hereby promises to pay to bearer, solely from the special
fund provided as hereinafter set forth, the principal sum of
DOLLARS
in lawful money of the United States of America on the first day
of September, 19_, and to pay solely from said special fund in-
terest hereon at the rate of three per cent (3~) per annum from
date, semiannually on the first days of March and September, -
commencing March 1, 1964, upon presentation and surrender of the
annexed coupons as they severally become due. Both principal and
interest of this bond are made payable at Bank of West Memphis,
West Memphis, Arkansas.
This bond is one of a series of one hundred and five (105)
revenue bonds, aggregating One Hundred Three Thousand Dollars
($103,000), dated September 1, 1963, and numbered from one (1) to
one hundred five (105), inclusive, all of like tenor and effect
except as to number, denomination, maturity and right of prior re-
demption, issued for the purpose of acquiring a site for and pur-
chasing and erecting a garbage and refuse incinerator and paying
necessary expenses incidental thereto.
This bond and the series of which it forms a part are
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issued in full compliance with the Constitution and laws of the
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State of Arkansas, and pursuant to an ordinance of the City Council
~ ,: of West Memphis, Arkansas, duly adopted and approved, and do not
_ constitute an indebtedness of the City of West Memphis within any >"~,
constitutional or statutory limitations. The bonds are not generalC
obligations of the City but are special obligations payable solely \
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~~• from net revenues derived from theSanitation Department which have ~;
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been duly pledged to the payment of the principal, interest and
~ paying agent's fees of the bonds, an amount of said revenues has
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been set aside as a special fund for that purpose and identified
as the Sanitation Revenue Bond Fund, created by Ordinance No. _,
~,• duly adopted and approved the day of 1963, _
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I~ under which this bond and the series of which it forms a part are
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f authorized to be issued. Reference is hereby made to said ordinance „fig
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for a detailed statement of the revenue pledged for the payment
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of the bonds, the nature and extent of the security for the bonds,
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~~: and the rights and obligations of the City, the Trustee and the
j' bondholders. The City has fixed and has covenanted and agreed to
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maintain rates for the services of the Sanitation Department of the
City which shall be sufficient at all times to provide for the proper -
and reasonable expenses of operation and maintenance of said depart-.'
ment and for the payment of the principal of, interest on and paying
~ agent's fees in connection with the bonds of this issue as the same
become due and payable.
j This bond shall be negotiable under the laws of the State
of Arkansas and is issued with the intent that the laws of the State'
of Arkansas shall govern the construction thereof.
The bonds shall be callable for payment prior to maturity
in inverse numerical order at par and accrued interest from funds.
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i from any source on any interest paying date. Notice of the call ''
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I ~~ for redemption shall be published one time in a newspaper published t'„
'~ at the City of Little Rock, Arkansas having a general circulation
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r• throughout the state, giving the number and maturity of each bond
I being called, with the publication to be at least fifteen (15)
days prior to the redemption date, and after the date fixed for :.
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redemption each bond so called shall cease to bear interest, M~~%
i provided funds for its payment are on deposit with the paying `'
agent at that time.
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~' This bond shall not be valid until it shall have been
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authenticated by the certificate hereon duly signed by Bank of ,_
West Memphis, West Memphis, Arkansas, Trustee.
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~- IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all
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, acts, conditions and things required to exist, happen and be per-
formed precedent to and in the issuance of this bond have existed,
have happened and have been performed in due time, form and manner,
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I as required by law; that the indebtedness represented by this bond
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I and the issue of which it forms a part does not exceed any con-
~ stitutional or statutory limitations; and that sufficient of the revenues
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derived from the operation of the Sanitation Department have been
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pledged to and will be set aside into said special fund for the
L payment of the principal of and interest on the bonds. ~'~
IN WITNESS WHEREOF the City of West Memphis, Arkansas,
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by its City Council, has caused this bond to be signed by the Mayor f~
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and City Clerk, and sealed with the corporate seal of said City, ,~-r
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~' and has caused the interest coupons hereto attached to be executed
~ by the facsimile signature of the Mayor, all as of the 1st day of
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~ September, 1963.
CITY OF WEST MEMPHIS, ARKANSAS
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Mayor
i ATTEST
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City Clerk
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(SEAL) ,...
171
Page 8
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(Form of Coupon)
~n $
No.
~~, March
~`' On the first day of September, 19 the City of West
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i.: Memphis, Crittenden County, Arkansas, unless the bond to which this -
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=. ~-j coupon is attached is paid prior thereto, hereby promises to pay
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to Bearer, solely out of the funds specified in the bond to which ~s `
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~ DOLLARS `~
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~.~'` in lawful money of the United States of America at the office of
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Bank of West Memphis, West Memphis, Arkansas, Paying Agent, being
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-, six (6) months' interest then due on its Sanitation Improvement "- ~,,,
~ '~s
~,~~ Revenue Bond dated September 1, 1963, and numbered
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CITY OF ST MEMPHIS, ARKANSAS
I~ By '
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On etch bond shall appear the following -~
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CERTIFICATE
Bank of West Memphis, West Memphis, Arkansae, hereby
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,~ certifies that this is one of a series of bonds described herein '~;s
aggregating $103,000 numbered from 1 to 105, inclusive, all of
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like tenor and effect except as to number, denomination, maturity
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and right of prior redemption. =
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BANK OF WEST MEMPHIS ~+
WEST MEMPHIS, ARKANSAS
By
(Authorized Signature)
West Memphis, Arkansas
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`~ Section 7. By Ordinance No. 180 amended by Ordinance No.
"435 of-the City of West Memphis, $e City has heretofre adopted and
appraved rates to be charged for the services to be furnished for ~'
the Sanitation Department (herein sometimes called "Department"), ~~R `•
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.. and the City hereby finds the rates so fixed to be the reasonable
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and necessary minimum rates to be charged, and said rates are F~-'',
hereby approved and confirmed. The said rates shall never be
} :'reduced below an amount which will produce sufficient revenues to ~- ':
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,` provide for the operation, repair and maintenance expenses of the ;; ~
Sanitation Department, to pay the principal of, interest on and
.- paying agent's fees on the bonds and to maintain all funds herein
'~ provided for at the required levels. :~,
Section 8. That the City owns and operates a Light and
Power System (called "Electric System") and hereby pledged surplus ^:e
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electric revenues (hereafter defined) on an annual basis to the ;,
extent necessary to meet any deficiency in the Sanitation Revenue
Bond Fund to pay the principal of, interest on and paying agent's ~,!
fees in connection with the bonds as the same become due. Surplus ?:,:,
electric revenues not used each year are remised from the pledge
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herein made. Surplus electric revenues are hereby defined as
electric revenues in excess of the amount thereof necessary for
the operation, maintenance and repair of the Electric System, the
construction of extensions betterments and improvements thereto,
including the maintenance of all funds required by any ordinance,
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authorizing bonds for financing extensions, betterments, and
improvements to the Electric System, and compliance with pledges ~~~,
of electric revenues heretofore made by the City. Nothing herein ~-~
(" shall prohibit the City from hereafter making pledges of electric
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revenues but, except for pledges to obligation¢ of the City for • .
~ extensions, betterments and improvements to the Electric System,
~~ no such pledges hereafter made shall constitute a prior lien on,
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or rank on a parity of lien with the lien in favor of these bonds
z on, electric revenues. The City covenants to maintain or cause
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to be maintained rates for the services of the Electric Revenues r.
which will always produce sufficient surplus electric revenues
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i' to comply fully with the pledge thereof herein made to these bonds;
,. that it will continuously operate or cause to be operated the
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Electric System as a revenue producing undertaking; and the it
will not sell or dispose of any substantial portion of the same
without the prior approval of the Trustee (this covenant shall not •
require approval of sales or dispositions of properties in the
ordinary course of operations and which do not interfere with the -
normalcperation of the Electric System).
That the Treasurer designated by the City shall be
custodian of the gross revenues derived from the operation of
the Sanitation Department and shall give bond for the faithful
discharge of his duties as such custodian. If the City Treasurer
be so designated as Treasurer of the fu nds herein referred to, then '
no additional bond shall be required; otherwise, the amount of the '
lend shall be in the sum of Ten Thousand Dollars ($10,000) and shall
be approved by the Trustee. From and after the delivery of any
bonds issued under the provisions of this ordinance, the Department
shall be continuously operated as a revenue producing undertaking.
All moneys received by the Treasurer shall be deposited by him in
such depository or depositories for the Department as may be lawfully
designated from time to time by the City, subject however to the
giving of security as now or as hereafter may be required by law,
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and providing that such depository or depositories shall hold
membership in the Federal Deposit Insurance Corporation. All
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deposits shall be so designated as to indicate the particular
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fund to which the revenues belong. Any deposits in excess of the ~ ;:
amount secured by the Federal Deposit Insurance Corporation shall ~ ~-~
be secured by bonds or other direct or fully guaranteed obligations
i ~- of the United States of America.
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~3 ;,. Section 9. Sanitation Fund. All revenues derived from
~~ the operation of the Sani~tion Department, shall be paid into a
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I. - special fund which is hereby created and designated "Sanitation
Fund". Such revenues so deposited in the Sanitation Fund shall ~•j:'
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be applied to the Operation and Maintenance Fund and the Sanitation
Revenue Bond Fund and shall be used only as authorized by this
Ordinance.
~' Section 10. Sanitation Department Operation and
Maintenance Fund. There shall be paid by the Treasurer from L
the Sanitation Fund into a fund which is hereby created and
designated "Sanitation Department Operation and Maintenance
I_
Fund", beginning on the first business day of the month immediately.
following the month in which the bonds are delivered and continuing .:
4
,., on the first business day of each month thereafter while any of
the bonds of this issue shall be outstanding, an amount sufficient
to pay the reasonable and necessary monthly expenses of operation,
repair and maintenance of the Department for such month and from `
which disbursements shall be made only for those purposes. Fixed
annual charges such as insurance premiums and the cost of major
repair and maintenance expenses may be computed and set up on an '
annual basis and one-twelfth (1/12) of the amount thereof may '
be paid into the Sanitation Department Operation and Maintenance
Fund each month.
1S In aRy mOi1Ln tc~t arty ccaavaa a.aac a.c aaaoi+ vc as +aa++.++~
to transfer and pay the required amount into said fund, the amount
~ of any deficiency shall be added to the amount otherwise required
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} to be transferred and paid into said fund in the next sugceeding
month. If in any fiscal year a surplus shall be accumulated in the
Sanitation Department Operation and Maintenance Fund over and above
the amount which shall be necessary to defray the reasonable and
+.~
necessary cost of operation, repair and maintenance of the
system during the remainder of the then current fiscal year and
the next ensuing fiscal year, such surplus may be transferred and
deposited in the Sanitation Revenue Bond Fund, provided, however,
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that any such transfer shall be in addition to all other payments
required to be made into said fund. ~A'.
Section 11. Sanitation Revenue Bond Fund.- After the
required payments into the Operation and Maintenance Fund, there
shall be paid by the Treasurer from the Sanitation Fund into a fund which
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'. ~• ie hereby created and designated "Sanitation Revenue Bond Fund", ;,
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the sums in the amounts and at the times hereinafter stated for
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the purpose of providing funds for the payment of the principal
of and interest on the bonds herein authorized and the paying agent's
fees, as they mature, and as a reserve for contingencies, according r
to the following schedule: ~
~~
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,~ YEAR BOND NOS. PRINCIPAL INTEREST TOTAL ~ i`'
MARCH 1 SEPTEMBER 1 ~~
1964 $ $1,545.00 $1,545.00 $ 3,090.00
1965 1 - 9 9,000 1,545.00 1,545.00 12,090.00
1966 10 - 18 9,000 1,410.00 1,410.00 11,810.00
~~+ 1967 19 - 28 9,500 1,275.00 1,275.00 12,050.00 '`:~'.~
~°,; - 1968 29 - 38 10,000 1,132.50 1,132.50 12,265.00 ,
1969 39 - 48 10,000 982.50 982.50 11,965.00
L' 1970 49 - 59 10,500 832.50 832.50 12,175.00
1971 60 - 70 10,500 675.00 675.00 11,850.00
~ 1972 71 - 81 11,000 517.50 517.50 12,035.00
1973 82 - 93 11,500 352.50 352.50 12,205.00
j 1974 94 - 105 12,000 180.00 180.00 12,360.00
That there shall be paid by the Treasurer from the Sanita-. ~'
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~ tion Fund into the Sanitation Revenue Bond Fund beginning on the
first business day of the month immediately following the month in
~ which the bonds are delivered, and continuing on the first business ..
i
day of each month thereafter until all outstanding bonds of this
issue with interest thereon have been paid in full, or provision
made for such payment, a sum equal to one-fifth (1/5) of the next -
installment of interest and one-tenth (1/10) of the next install-
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ment of principal and an amount sufficient to provide for the pay- ~,
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ing agent's fees; provided, however, that when there shall have -_t'
been accumulated in said Sanitation Revenue Bond Fund a reserve for
I- contingencies in the amount of $10,000, so long as said reserve for
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;contingencies is maintained in that amount the monthly payments .c r
~ may be reduced to one-sixth (1/6) of the next installment of the in-
terest and one twelfth of the next installment of principal and an
~~ amount sufficient to provide for the paying agent's fees. If the
:-~ revenues of the Departrnent are insufficient to make the required
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payment on the first business day of the following month into the
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Sanitation Revenue Bond Fund, then the amount of any such deficiency ~~
~ in the payment made shall be added to the amount otherwise required
~-
to be paid into the Sanitation Revenue Bond Fund on the first
business day of the next month.
If for any reason the Treasurer shall fail at any time '`
to make any of the required payments into the Sanitation Revenue
'. Bond Fund, any sums then held as a reserve for contingencies shall ~~
be used to the extent necessary in the payment of the principal of
and interest on the bonds, but such reserve shall be reimbursed
i from the Sanitation Fund before any of the moneys in the Sanitation
~ Fund shall be used for any other purpose except for making the pay-
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i ments hereinabove required to be made into the Operation and Main-
~ tenance Fund and the Sanitation Revenue Bond Fund. If investments
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i of moneys in the reserve increase it above $10,000, the excess over
$10,000 may be transferred to the Sanitation Revenue Bond Fund and
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used as other moneys therein may be used.
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j When moneys held in the Sanitation Revenue Bond Fund,
including the reserve for contingencies, shall be and remain suffi-
cient to pay the principal, interest and paying agent's fees on all
bonds then outstanding, the Treasurer shall not be obliged to make
any further payments into the Sanitation Revenue Bond Fund.
It shall be the duty of the Treasurer to withdraw from
the Sanitation Revenue Bond Fund at least ten (10) days before the
maturity date of any bond or interest coupon issued hereunder and to
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I~,
~ `" deposit with the paying agent an amount equal to the amount of such-
bond or coupon for the sole purpose of paying the same, together with
the paying agent's fee,and no withdrawal of funds from the Sanitation.
r Revenue Bond Fund shall be made for any other purpose except as other- _
',
wise authorized in this Ordinance. Such deposit shall be at the sole
risk of the City and shall not operate as a payment of the bonds or
y _-
~"° coupons until so applied.
{.
w.. The bonds of this issue shall be specifically secured by
- -,- t
~~'`:' a ledge of all the net revenues of the Department (being gross reve ~,
P
i;
~.,~.," nues less reasonable operation and maintenance expenses of the De- ~
partment). Said pledge in favor of the bonds is hereby irrevocably
~;. made according to the terms of this Ordinance, and the City and its
I„
officers and employees shall execute, perform and carry out the terms
thereof in strict conformity with the provisions of this Ordinance.
Section 12. That any surplus in the Sanitation Fund, after
~.
i ~ making full provision for the Operation and Maintenance Fund and the
Sanitation Revenue Bond Fund, as herein provided, may be used for
~ callin bonds for payment prior to maturity in accordance with the ~~
~_ g
provisions herein set forth, or for any other lawful municipal purpose.
~, Section 13. That payments from all funds shall be made
~ by check or voucher signed by the Treasurer and one other person ~:'
designated by the City. .The checks or vouchers shall be drawn on
I_
the depository with which the moneys in the particular fund shall '.
have been deposited, and each such check or voucher shall briefly
specify the purpose of the expenditure. -
I Section 14. That the City hereby agrees that all payments~~~
on the bonds and interest shall be made only, through the Paying
Agent. All bonds paid or purchased either at or before maturity
.. _ -_ _ _
~.: ..
:_ ._
~~.
Page 14
shall be cancelled when such payment or purchase is made, together
with all unmatured coupons appertaining thereto, and held by the
A
~_~~ Treasurer, and shall not be reissued. All unpaid interest coupons =1
'~ maturing on or prior to the date of such payment or purchase shall If
1
`-~~ continue to be payable to the respective bearers thereof. ,t:-,;
-~ Section 15. That as long as any of the bonds authorized
and issued under and pursuant to the provisions of this Ordinance `
are outstanding, the City shall not issue or attempt to issue any y''
i` bonds, nor shall the City assume any other indebtedness, which shall
have a priority of lien on the revenues of the Department over the :,
lien securing the bonds of this issue. However, nothing in this `'
Ordi~inance shall be construed to prevent the issuance by the City of
additional bonds for improvements to the Department, provided that
i the City shall not authorize or issue any such additional bonds
ranking on a parity with the outstanding bonds of this issue, unless
there shall have been procured and filed with the Trustee a statement
I
I by an independent Certified Public Accountant not in the regular em-
ploy of the City reciting the opinion based upon necessary investi-
I gation that net revenues of the Department, being-gross revenues less
the operation and maintenance expenses of the Department as determined
by`the independent Certified Public Accountant, for the fiscal year
immediately preceding the fiscal year in which it is proposed to
~ issue such additional bonds, together with any increase in net reve-
e nues by virtue of change in rates or additional or extended services
of the Department, shall equal 150% of the maximum amount that will
become due in any year thereafter for principal,interest and paying
I~ agent's fees on the bonds then outstanding and the bonds then proposed
to be issued.
I 9 ' ~;
- tip ..E, ~ ,~i
it - ... ~ - , ~ f... F ~
~~ ~ r ~ ;
_ Page 15
f J d°
~ ~;
_ Section 16. That it is covenanted and agreed by the City
._,
i~ -with the holders of the bonds, or any of them, that~the City will
i
~~ - ~ faithfully and punctually perform all duties with reference to the C7~`:
'IE 'Department and the Municipal Light and Power System required by f,
Is .~ this Ordinance and by the Constitution and laws of the State of h
~ ~ ~.
'Arkansas, including the continual charging and collecting of reason ~`~F ;
J able and sufficient rates for the services of the Sanitation Depart- ~~
~ .
I~
' meat and the Municipal Light and Power System,as hereinabove referred
to, and the segregating and depositing of the funds as provided
.; `~
~.:
herein. !'*+
I`'• - Section 17. That the bonds authorized hereby and issued '° *`.
i~, ,
.hereunder shall be callable for payment prior to maturity in accord ~3~_
~ sacs with the terms set out in the bond form.
~ ~ Section 18. That the City will keep proper books of
. ~. ' ~ '`.
(;E~.r accounts and records in which complete and correct entries shall be
made of all transactions relating to the operation of the Department, -~ r.
i a
and such books shall be available for inspection by the holder of
i~'
~~ any of the bonds at reasonable times and under reasonable circum- ,f•~I
i
stances. The City agrees to have these records audited by an in-
h, dependent Certified Public Accountant as and when the Trustee may'
request such audit.. In the event the City fails or refuses to .
~~ make the audit, the Trustee or any holder of the bonds may have the°
i, ;.
IT~ audit made, and the cost thereof shall be charged against the
~; Sanitation Fund.
i-
~= Section 19. The City covenants and agrees that it will
=_
cause the Sanitation Department to be operated in an efficient and
i ' ,::
business-like manner at reasonable cost. The trucks, equipment
,1~
~~~ h
~ _ i_=,
~' - . ' ,
i { ~;
,.
,. ;=;
~.;
~I ~ - ., ~
t _ ~.
~•, d other roperty of the Department, both real and personal, shall 4
an P }
~; ;
"; be maintained and replaced as necessary to insure the continued • ~f
w, operation of the Department, and the production of revenues there `y
+,:: .
from, and the loss from fire, lightning, winds or eny other cause, •~
G.
r' of an ro ert ore i ment essential to the revenue-producing
".L:• YP P Y ~P ;p
I.~ r laced out of any
capacity of the Department shall be promptly ep
7 . y'
~• °~ insurance proceeds covering said loss, or out of surplus moneys in ,
Jy 3
`~,~ '_: the Sanitation Fund. The City shall keep all insurable properties
;;
,3
of the Department insured by fire and extended coverage insurance at 'F ~.
!~- least to the extent normally covered by a private company engaged in
~:
a similar operation and shall furnish evidence of such insurance to
the Trustee.
~:
I~,, . -
h Section 20• That the City covenants and agrees that,except
a;;
as herein provided, so long as any bonds authorized hereby are out-
standing it will not mortgage, pledge or otherwise encumber the De-
~~~ and will not
~~' or an of its revenues, equipment or property,
~f;, partment, Y
I sell, lease or otherwise dispose of any substantial portion of the
i.
same, without making Provision for the replacement thereof.
Section 21. That if there be any default in the payment ti°
of the principal of or interest on any bonds of this issue, or if
L:-, the City defaults in any Sanitation Revenue Bond Fund requirement
f
or in the performance of any of the other covenants contained and
set forth in this Ordinance, the Trustee may, and upon the written
( request of the holders of not less than ten per cent (107) in prin- '.
r cipal amount of the bonds of this issue then outstanding shall, by
r `
I : _ -
~i, proper suit compel the performance of the duties of the officials n
i ent of the
of the City. And, in the case of a default in the paym
principal of and interest on any of the outstanding bonds of this
i,
~ issue, the Trustee may, and upon the written request of the holders
t -- - - -
'- 4' + -•
L
I~ .. - ... .. r ~ j1 .~
{ J ~ _ - +~
I } T-„
_ y ,ti
~M - of not less than ten per cent (10~) in principal amount of the ~ ";~;
k
bonds of this issue then outstanding shall, apply in a proper action ~,i~~._~'
~ ~
to a court of com etent ~"i
i p jurisdiction for the appointment of a re- ,. ~,=',
F ~` z ceiver to administer the Department on behalf of the City and the H~?
~t ~ M,,.
bondholders with power to charge and collect (or by mandatory injunc
~ '.
- tion or otherwise to cause to be charged and collected) rates suffi- .;:
~ , .' ,
~~'` s-.~ ` cient to provide for the payment of the a erases of o eration re air a ~"'
I'~; ~ ; _ XP P ~ P ;3
~~ ~ and maintenance and to pay any bonds and interest outstanding and to
~~ ''~« apply the revenue in conformity with the laws of Arkansas and with-~ ~'~
~ _
this Ordinance. When all defaults in principal and interest payments
~,~ _ have been cured, the custody and operation of the Department shall*
F::
+~
revert to the City. If the Trustee shall fail to carry out said -
}r h~
'~ ~ duty, then the holders of not less than ten per cent (10~) is prim-' ,,:~
cipal amount of the bonds of this issue then outstanding may institute ,„,
j - any suit, action, mandamus or other proceeding in equity or in law,. ,~~
~ for the protection or enforcement of any right under this Ordinance,
~$.~ such action to be in the name of one or more bondholders for the
Is"? ~ y
~:
~,
~, # +;-r
~.• ,
,,.
~, '. k + a
-- , ~ ~~~
v
- ~, ..
~ G
k ~ . ,,;~.
y ~ ,~-
__ ~ - , ~:
~ .,; r .,
;4:
., .. ~ t:
4. -
~ '~ y
~ ~~:
~; . t.,
~ .., ~ , ~ _
t -
,. ~ Lr
.. - - ~ 9
'^v
.,
~ ..
,~ .•
a^
X:
T ..
` ~ ,Page 17
~~
i
~r benefit of all holders of the outstanding bonds and coupons, and
Ii~ -the individual rights of action of the bondholders-are restricted ~`~
hS by-this Ordinance to the rights and remedies herein provided., No 1;~',
C\t` "-€.
i ~ ~ delay or omission of the Trustee or of any holders of'the bands to °'~ j;
I:r -~, exercise any right or power accrued upon any default shall impair
I tl
~ ~« °i ~ any such right or power or shall be construed to be a waiver of ,~ x
I ~~ ;
~ T, any such default or an acquiescence therein; and every power and _ ,~;,
~: ,; ~
~, ~~ remedy given by this Ordinance to the Trustee and to the ~oldera F~ a
~ of the bonds, respectively, may be exercised from time`to time and' t'
- ~-w°!
~~` ~, as often as may be deemed expedient. '` F.? Ry
"~ Section 22. (a) That when the bonds have been executed ~ '~#
.;r'
it by the Mayor and City Clerk and the seal of the City impressed as `~ `'
t
herein provided, they shall be delivered to the Trustee,-which shall f ,,
authenticate then and deliver them to the purchaser upon payment of ~}~~
,~~
xe„ z;
cash to the Trustee of the purchase price and accused interest from .
the date of the bonds to the date of delivery.
Y
(b) The Trustee shall deposit the accrued interest in
4y
the Sanitation Revenue Bond Fund.
•:~
(c) The Trustee shall remit the remaining balance of the '
I~~,:
I'4 proceeds of the sale of the bonds for deposit in a special account
~,
r.
designated "Construction Fund" with a depository that is a member
I_'rs.. .
of the Federal Deposit Insurance Corporation to be designated in a
f y^
~` letter of instructions delivered to the Trustee, signed by the Mayor -:
and City Clerk, at the time of the closing of the bond issue. The
;,_;'
'moneys in the Construction Fund in excess of the amount insured by "'F.
E f
i.
'%. the Federal Deposit Insurance Corporation shall be continuously se
cured by bonds or other direct or fully guaranteed obligations of `
~?_;
!~~ , .~.
i - ~ t
l ~.
- - k r ~ ~.
I_
,,• ~ -s.
_ + 4 ~.
F Page 18 ~ .. ' ,-
I h ~~
~ .. - ~. ~
~-- the United States of America, except that any moneys invested as ~'
i hereafter authorized need not be so secured.
(d) The moneys in the Construction Fund shall be disbursed K'
I:
I~ ~ -.' solely in payment for the improvements as hereinabove defined, in- - '
I` ~•
~.
i,°;_, eluding expenses necessary and incidental to the acquisition of a . ,. ''
site for and the purchase and erection of a garbage and refuse ~ f`
C's~
~ ~ ; ~,
incinerator, and to the issuance of the bonds. ~ ~ Y~
~..
~ C ~ ..,
(e) When the construction of the improvements shall F,,,,,
~ ,
have been completed, as evidenced by a letter so stating, signed
z~s ~ . '
by the Mayor and Citq Clerk, the depository with which the Construe-
- ~ti.
w' f •tion Fund is deposited shall pay or transfer any remaining balance ., ;.
pursuant to said letter for the sole purpose of calling the bonds tl
z,.
I~- of this issue for payment prior to maturity, ar if insufficient to
~',
~ call one or more bonds, for transfer into the Sanitation Revenue ~-
~~_ - 't
~~. _
k
Bond Fund.
Section 23. Moneys held for the credit of any fund re- ":~
~~ ferred to in this Ordinance may, at the option of the City, be
i.
r' '` invested and reinvested pursuant to direction of the City in direct H-'
~,
obligations of,or obligations the principal of and interest on which
,;
~~; are unconditionally guaranteed by, the United States Government, ,
which shall mature,or which shall be subject to redemption U'y the
i
I :„' ~.
i holder thereof at the option of the holder, not later than the date. '":,
~ or dates-when the moneys held for the credit of the particular fund "~~
~.
will be required for the purposes intended. Obligations so purchased-:
as an investment of moneys in any such fund shall be placed in the
~j L
- custody of the City Treasurer and shall be deed at all times to _
~ be apart of such fund, and the interest accruing thereon and any °~~
~:.:
~`
~ -, -
_ -
i - ~ "-
,~k:
.. ~ ~ ~
j _ 3 ~ ~:
~ ~ • . ,
--
. r _ `{
'}
~)
~ - M :x;
y '
__ Page 19 "'
~.~ ~ 1
profit realized from such investment shall be credited to such fund,
E
I~, and any loss resulting from such investment shall be charged to such ~`
~~
I._ ~ fund. ~
iM.~ ~ ~
Section 24. That the provisions of this Ordinance shall
~, ~ ~` ~
k~.f constitute a binding contract between the City and the holders of ,
,~~ the outstanding bonds and coupons issued hereunder, and the City will ~ ?'
~ ~,
` ~ strictly adhere to the provisions hereof. The holders of not less
;: than aevent five ercent 759:). in a '~
y- p ( ggregate principal amount of
~° the bonds then outstanding shall have the right from time to time ~.
~. ~.~
,~,-; to consent to and approve the adoption by the City of such ordinance ~'
~. ~a;1
,`` supplemental hereto as shall be necessary or desirable for the pur +~
s. fi~
pose of modifying, altering, amending, adding to or rescinding in ,;~
~=
}' any particular any of the terms or provisions contained in this
+~ .,,_
Ordinance or in any supplemental ordinance; provided, however, that
.~,
':~
~ nothing herein contained shall permit or shall be construed as per
s ~J` witting (a) an extension of the maturity of the principal of or the r
~ ,interest on any bond issued hereunder, or (b) a reduction in the
principal amount of any bond or the rate of interest therein, or a
;'
~ ~$~
(c) the creation of a lien upon or a pledge of revenues other than
~~~- as expressly authorized by the appropriate provisions of this Ordi- ,y
:;.
nance as now adopted,, or (d) the creation of a privilege of prior-
~ ~i
~4 1ty of any bond or bonds over any other bond or bonds, or (e) a
a
reduction in the aggregate principal amount of the bonds required ~ ,~
d
- for consent to. such supplemental ordinance. L ~,
~ "'.j
rt„--_ Section 25. That the Trustee of the bonds issued ;;a~!
`z
hereunder shall be, Bank of West Memphis, West Memphis, Arkansas: ~'
The Trustee shall only be responsible for the exercise of good faith
~. and reasonable prudence in the execution of its trust. The recitals ~
~:
f ~ ~:
I~. ~A
f
{
..t':... ;~.
. S`
~~ .'
_':, in this Ordinance and in the face of the bonds are the recitals of
the City and not of the Trustee. The Trustee shall not be required
~, ~'
~" ~~
~`~,. to take any action as Trustee unless it shall have been requested to
`~ do so in writing by the holders of not less than ten per cent (10~) ~. ,~
in principal amount of the bonds of this issue then outstanding and ~ `:~
~ shall have been offered reasonable security and indemnity against '•
the costs, expenses and liabilities to be incurred therein or thereby. _F
The Trustee may resign at any time by ten (10) days' notice in writing
~, to the Mayor,and the majority in value of the holders of the outst8nd ,"A,
~ ~ ing bands of this issue at any time, with or without cause, may remove
-;„
`,. the Trustee. In the event of a vacancy in the office of Trustee,
either by resignation or by removal, the majority in value of the ~•~
holders of the outstanding bonds of this issue may appoint a new True-
.
tee, such appointment to be evidenced by a written instrument or in-
t.
strwnents filed with the City Clerk. If the majority in value of
the holders of the outstanding bonds of this issue shall fail to fill -',1
a vacancy within thirty (30) days after the same shall occur, then
` the City shall forthwith designate a new Trustee by a written inatru- ~'
y~.
~ u.i
~1 ~
~~` ment filed in the office of the City Clerk. The original Trustee
~_
and any successor Trustee shall file a written acceptance and agree- ^~.
i k'.
~ ment to execute the trust imposed upon it or them by this Ordinance,
but only upon the terms and conditions set forth in this Ordinance '"
+,
and subject to the provisions of this Ordinance, to all of which ~,
the respective holders of the bonds agree. Such written acceptance
shall be filed with the City Clerk, and a copy thereof shall be
placed in the bond transcript. Any successor Trustee shall have all
the powers herein granted to the original Trustee.
- -_ .;;
. _ ,
t
s 4'
~:r;
r - ,.
r e ~ M:.
Page 21 `~
.~ . _
„~, Section 26. That the provisions of this Ordinance are ~
~.;,: ~ I
~~` hereby declared to be separable, and if any provision shall for
~ .
~~_.• any reason be held illegal or invalid such holding shall not affect
the validity of the remainder of the Ordinance.
I~ ,
`" ~ Section 27. That all ordinances and parts of ordinances ~
~"' ~- ~ ~
~> -~ in conflict herewith are hereby repealed to the extent of such con x;
,`
w ~ •. ..
• flict. t~
~ ,y ~
C ~ ~.
ac Section 28. That it is hereby ascertained and declared '~;
that said improvements are necessary to the health and safety of =" ,
~~
the inhabitants of the City, and that the construction of said im- .3
R'" c ~,
provements is necessary in order to alleviate an unhealthy and un- jc
n F«r
~~ safe condition which exists in the City. .~
~ .i
`
~
' It is therefore declared that an emergency exists, and ,~
h
,
r I
I
'' this Ordinance being necessary for the immediate preservation of ~~,
'' the public peace, health and safety, it shall take effect and be
:~,
~' in force from and after its passage.
`
~ '
~' ~
'
~' 1963.
PASSED: ~en~xti,he.Y 5
- ~~
~, "i
,~•
~'
•
APPROVID
,
,r:
F~ ~ -~ ~ ~~ ,
~ ~~
~
~ ,_
-
Mayor
~,~ ,
I,,x
,
~
i
.
.:
;,:. -
~ ATTEST:
, x ~
.;
,~
$ ,
~~
<:.: City Clerk c ~'c
`~ ,
.. .
A
C ~~ ~
- s d
~:
~sE~~~ ~
~7 __ rt
d`..: ., _
I `r .
~ i~' ~ .~
~.
«- _r`
j<, ,:
Attorney Ralph Sloan appeared before the Council to request rezoning and redesignation
of property that is to be considered by the Planning Coimnisaion at $ P.M. this date. The
Council was informed the unusal method of presenting the request had been necessitated to
avoid delay is a building project. The request for rezoning had been presented to the
Planning Commission on August 8, 1963, however, due to the notice of the hearing having not
been published the Planning Commission could take no action. It was brought to the Council's
attention the next regular meeting oY the Council after the Planning Commission hearing
would not be until September 19, 1963, which would delay the matter. After discussion, it
was agreed that whatever action is taken on the adoption of the proposed ordinance would be
subject to recommendation of Planning Commission. Alderman Felts introduced the ordinance
entitled: An Ordinance To Re-Zone And Re-Designate Certain Property In Sections One and Two,
Toxnahip Si.z North, Range Eight East, which was read in full by Alderman Leggett.
Alderman Bowie 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 Hollinger
and on the roll being called the voting was as follows:
Ayes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Weis.
Nays: None.
the Mayor 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 xas carried. Alderman Weis
then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman
Sims, and on the roll being called the voting xas as follows:
Ayes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Roxton, Weis.
Nays None.
The Mayor declared that the ordinance had been adopted, and then called attention
to the fact that Section 2, the emergency section, must be adopted upon a separate roll
call in order to be effective.
Alderman Matthews then read Section 2 again. Alderman Rowton moved that Section 2
be adopted. Thin motion was duly seconded by Alderman Felts, and on roll call the
following voted:
Ayes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Roxton, Weis.
Nays: None.
The Mayor 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 was attested by the City Clerk under the seal of the City.
The ordinance read as follows:
ORDINANCE N0. pli2
AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN SECTIONS ONE AND TWO,
TOWNSHIP SIIC NORTH, RANGE EIGHT EAST.
WHEREAS, a petition has been filed with the Planning Commission to re-zone and re-designate
certain property, hereafter described, as hereinafter set out; and
WHEREAS, notice was duly published on August 16, 1963, as provided by law, of a hearing
to beheld before the West Memphis City Planning Commission at $:00 p.m. on September $, 1963,
for the purpose of hearing aqy interested parties in connection with the re-zoning and
re-designating of said lands; and
WHEREAS, at said meeting oa September $, 1963, said petition was considered by the
Planning Commission and no persons appeared to protest the same, the Planning Commission
recommended to the City Council that said petition be granted: NOW, THEREFORE,
BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
SECTION 1. That the folloxing described property, to wit:
That part of Section 2, Township 6 North, Range 8 East, more particularly described
as follows: Beginning at the southeast corner of said Section 2, thence west along
the south line of Section 2 to the west line of the southeast quarter of Section 2,
thence north along said west line to the center line of Ten-Mile Bayou Diversion Ditch,
thence east along the center line of Ten-Mile Bayou Diversion Ditch to the east line
of Section 2, thence south along the east line of Section 2 to the point of beginning,
be, and the same is hereby re-zoned and re-designated as RS-$ Single Family Resident District.
That the following described property, to wit:
That part of Section 2, Township 6 North, Range 8 East,
more particularly described as follows: Commencing at the intersection of
the east line of said Section 2 and the center of Ten-Mile Bayou Diversion
Ditch, thence north along the east line of Section 2 to the north right-of-way
line of Interstate Highxay 1y0, thence southwesterly along said north right-of-way
line to the west line of the southeast quarter of Section 2, thence south along
the west line of the southe=st quarter oP Section 2 to the center of Ten-Mile
Hayou Diversion Ditch, thence east along the center line oP Ten-Mile Bayou
Diversion Ditch to the point of beginning,
be, and the same is hereby re-zoned and re-designated as C-5 General Commercial District
That the follwing described property, to wit:
That part of the N~ SEq of Section 1, Township E North, Range 8 East, described
as follows: Commencing at the northeast corner of Lot 13 in Block 2 of Avondale
Gardens Subdivision in the city of West Memphis, Arkansas, as shown by plat of
record in Plat Book 2 at page 38, run thence north along the east line of said
Lot 13 extended a distance of 50 feet to the point of beginning, said point of
beginning being in the center lice of Ten-Mile Bayou Diversion Ditch; thence
continuing north along said east line of Lot 13 continued a distance of lt00 feet;
thence west parallel with the center line of Ten-Mile Bayou Diversion Ditch a
distance of 650 feet; thence south parallel with the east line of Lot 13 extended
a distance of 400 feet to the center line of Ten-Mile Bayou Diversion Ditch;
thence east along the center line of Ten-Mile Bayou Diversion Ditch a distance of
650 feet to the point of beginning,
be, and the same is hereby re-aoned and re-designated as RM-3 Multi-Family Resident District.
SECTION II. EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact
that e~property above described is in the process of development; that the passage of
this Ordinance is in the interest of the public peace, health, safety and welfare of the
citizens of West Memphis; therefore, an emergency is hereby declared to exist, and this
ordinance shall be in full force and effect from and after its passage and approval.
~u-a-x-u-~~x-a-
City Attorney Dillahunty informed the Council he and City Engineer Bond had checked
the Amendment to Bill of Assurance and Dedication and Restrictions Affecting Westwood Acres
and the only change was addition of Protective Screening that through error was not provided
in the original instrument. After discussion, motion xas made by AY]erman Leggett, and
seconded by Alderman Rowton: That Amendment to Bill of Assurance of Westwood Acres be
approved. IIpon vote, the voting was as follows:
Yes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sima, Roxton, Weis.
No: None.
The Amendment read as follows:
AMENDMENT' TO BILL OF ASSURANCE AND DIDICATION AND RESTRICTIONS AFFECTING WESTWOOD ACRES
IN TAE CITY OF WEST MEMPHIS, ARKANSAS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, McCarley~Rainer, Incorporated, on the 21st day of Jane, 19E3, executed a certain
"Hill of Assurance and Dedication and Restrictions Affecting Weatwmd Acres in the City of
Went Memphis, Arkansas" xhich instrument vas filed for record on the 5th day of July, 19E3, at
3:30 P.M. in the office of the Clerk of the Circuit Court and Ex Officio Recorder in and for
Crittenden County, Arkansas, and is there recorded in Book 3E3 at page 212;
WHEREAS, through error on the part of McCarley-Rainer, Incorporated, Lot 1, Block 1 and
Lot 1, Block 7 of the plat referred to of record in Plat Book 2 at page 229 of the records
aforesaid xere included in "B-1, Part B - Area of Application" and were not excluded in
"B-2" of said "Part B - Area of Application."
WHEREAS, it xas also the intention of McCarley-Rainer, Incorporated to provide for
"Protective Screening" in the "Bill of Assurance and Dedication and Restrictions 4ffecting
Westwood Acres in the City of Weat Memphis, Arkansas" as indicated upon the recorded plat,
and through error such "Protective Screening" was not so provided in the original instrument.
WHEREAS, McCasley-Rainer, Incorporated is the owner of all lands affected by said "Bill
of Assurance and Dedication and Restrictions Affecting Westwood Acres in the City of West
Memphis, Arkansas" at this time and desires to correct "Part B - Area of Application" and
"Part D - General Provisions" in the instrument of record in Book 363, page 212, and such is
the purpose of this instrument.
NOW THEREFORE "PART B - Area of Application" as contained in said "Bill of Assurance
and Dedication and Restrictions Affecting Westwood Acres in the City of West Memphis, Arkansas"
of record as aforesaid is hereby amended to read as follows:
"Part B. AREA OF APPLICATION:
"B-1. FULLY-PROTECTED RESIDENTIAL AREA: Lots 2 through 10, Block 1, Lots 1
through 23, Block 2, all of Blocks 3 through 6, and Lots 2 through !~, Block 7 are
hereby designated as "A" residetiial area. The residential area covenants in Part C
in their entirety shall apply to Lots 2 through 10, Block 1, Lots 1 through 23,
Block 2, all of Blocks 3 through 6, and Lota 2 through 4, Block 7.
"B-2. AREA TO HE E%CLUDED: Lot 1, Block 1, the East 160 feet of Block 2,
including the lot designated as Lot 24, and Lot 1, Block 7 are hereby excluded
from this covenant. Uses and construction in this area shall be in accordance xith
the zoning ordinances of the City o£ West Memphis."
NOW TREREFORE "PART D - General Provisions" as contained in said "Bill of Assurance
and Dedication and Restrictions Affecting Westwood Acres in the City of West Memphis,
Arkansas" of record as aforesaid is also amended to read as follows:
"Part D. GENERAL PROVISIONS:
"D-1. PROTECTIVE SCREENING: Protective screening areas are established as
shorn on the recorded plat, including a 10 foot strip of land on the West line of
Lot 1, Block 1, on the rear of Lot 1 through 23, Block 2, and on the West line of
Iot 1, Block 7. Except as otherwise provided herein regarding street intersections
under "Sight Distance at Intersections," planting, fences or walls shall be
maintained throughout the entire length of such areas by the owner or owners of the
lots at their own expense to form an "effective screen for the protection of the
residential area. No building or structure except a screen fence or xall or
utilities or drainage facilities shall be placed or permitted to remain in such
areas. No vehicular access over the area shall be permitted except for the purpose
of installation and maintenance of screening, utilities, and drainage facilities.
"D-2. TERM: These covenants are to run with the land and shall be binding on
all lparties and all persons claiming under them for a period of twenty years from
the date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of 10 years unless an instrument signed
by a majority of the:°,then oxnere of the lots has been recorded, agree~ung to change said
covenants in xhole or is part.
"D-3. ~1GFGRGEMENT: Enforc8ent shall be by proceedings at law or in quity
against any person or persons violating or attempting to violate achy covenant either
to restrain violation or to recover damages.
"D-4. SEVERAffiLITY: Invalidation of any one of these covenants by judgment
or court order shall in no wise affect any of the provisions xhichshall remain in
full force and effect."
IN TESTIMONY WHEREOF, the said McCarley-Rainer, Incorporated has caused its name
to be hereunto signed by its President and its seal to be hereunto affixed by its
Secretary this 31st day of July, 1963.
MCCARLEY-RAWER, LNCORPORATID
By J. C. Rainer, III, President
ATTEST
B. B. McCarley, Secretary
Mayor Eden presented the following letter:
Mayor Bob Eden
Crittenden County
bleat Memphis, Ark.
Your honor sir,
Stating to you alv condition, totally blond, 6!: year of age, adtive yet have mY
industrious ideas to fix i4v own situations, don't desire to beg.
Learning of you in your position I pray you sir grant to me the privilege to set up a
small lunch counter such as soda rater, candies, ice cream, cake, milk, etc. in this
residential zone, room build joining my house xhich was built for a garage. This is the
beat thing that I can plan as to help myself. Sir I xould highly appreciate your
sympathy and information and respect your dictation.
I am of the church of the Lord Jesus Christ of the Apostlic Faith trying to continue
stedfast in the Apostl's doctrine, believe in respectable order and decent people located
2106 Autumn St. Tel. Re 55329. Thank you,
Respectfully yours,
Alexander Drake
(Petition xith Names Attached to letter)
x~i
After discussion, motion was made by Alderman Weis, seconded by Alderman Roxton: That
temporary permit for operation of sundry store be granted. IIpon vote, the voting was as
follows:
Yes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Rowton, Weis.
No: None.
Building Inspector Perrine informed the Council application had been made by
West Viex Realty Company to construct building 26 x I~0 of frame with bathroom to be used as
an office on concrete slab at corner of Avalon and Shopping Center Blvd, that building had
been commenced prior to filing oP application and due tolhis previous instructions from the
Council not to issue any permits where sexer lines are not available he had taken ao action
in the matter. After discussion, motion was made by Alderman Bowie, seconded by Alderman
Leggett: That Building Inspector Perrine be instructed to stop construction on the building.
Upon vote, the voting xas as follows:
Yes: Aldermen: Bowie, Bollinger, Felts, Leggett, Yatthexs, Sims, Rowton, Weis.
No: None.
Alderman Bowie informed the Council he had received mat~p complaints as to the condition
of taxicabs being operated in the City. Mayor Eden and City Clerk DeGraff stated the matter
would be investigated.
Alderman Weis presented request from Fire Chief Anderson that the Street Department
notify the Fire Department whenever construction or repair would prevent use of the street
by the Fire Department.
No further business being presented, motion was made by Alderman Matthews, aeoonded by
Alderman Felts to adjourn. Upon vote, the voting was as follows:
Yes: Aldermen: Bowie, Bollinger, Felts, Leggett, Matthews, Sims, Roxton, Weis.
No: None.
ATTEST: ~ ~"
APPROVED: OCTOBER j, 1963