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April 7, 1954~~",~_~ MINUTES OF AN ADJOURNED MEET.TNG OF THE CITY COUNCIL OF THE CITY OF WEST MEMFHIaS, ARKANSAS HAD AND HELD ON AFRIZ 7, 1951x. The Council of the City of West Memphis met in an ad3ourned session at the City Hall in said City at 7:30 P.M. on the 7th day of April, 195!x. The meeting was called to order by the Mayor, and upon roll call. there were: Present: Mayor H. B. Price presiding anal the following Al.dex~rnen: James Bledsoe, 0. I. Bollinger, John Burrow, Freeman Finley, Curtis Foster, A. R. Manchester, P. B. Powers, and C. H. Rowton; acrd City Attorney Atl.ee Harris. Abserxt: W, R, Seaton, City Clerk It being determined a quorum was present, the following proceedings were had to-wit: Mayor Price announced the point meeting with the Light & Water Commission had been called to discuss the possi.b].e reduction in amount of the proposed $950,000.00 sewer-water revenue bond issue, and other details of the issue. Members of the Light & Water Commission present were: Commissioners Charles J. Upton, Toney Peters, and E. J. White. Mr. Lewis W. Cherry summarized proceedings as to adoption of a resolution for Notice of Sale of the bond issue, and read the proposed resolution and notice for sale. Mr. Henderson of Equitable Securities was also present and advised that in order to px•esent; as sound a bond as possible to get the band buyers to bid as low as possible, it was recommended that if the earnings of the water acrd sewer system together are not suffi.ci.ent that whatever shortage occurred in any one year that it be paid out of the electrical system. It was brought to the Counci].ts attention that there are now $Lt48,000.0U outstanding sewer bonds that would be retired in 1982, anal this issue being an open-end issue would not prohibit issuing additional bonds if the revenue of the system was sufficient. The question of retiring bonds of this issue after construction and there was a balance in the fund was discussed, and explained that at the end of a twelve moni;h period if any frxnds from the sale of the bonds were unexpended that could be used to call in bonds from the end of t}re issue also at any interest paying date. Mr. A. E. Heagler, Consulting Engineer on the sewer system, had been requested to be present to discuss the reduction in amount needed for the system. Mr. Heagler described the location of the proposed new construction and rehabilitation of the present system, also cormnented on previous work done on the system. Also!l stated in his opinion from preliminary survey the cost would be approximately amount of $73q,000,00 unless the amount of the work was curtailed. It was also brought to the Councils attention that the estimate included X46,000.00 to be replaced in the Bond Reserve Fund as the proposed bond issue could not be made uxrless done so by Arkansas Law, also approximately $la5,000.00 had been allocated for negotations on the Memphis View Outfal.l Line. Mr. I., Allen of Allen & Hoshall, Consulting Engineers of Memphis, for the water system, was present and outlined the cost for the proposed water reservoir and equipment necessary. Mr. Allen advised if the capacity of the reservoir be reduced then the construction estimate could be lowered, also that any water lines that had been constructed since the estimate was presented would be eliminated from the cost. The proposed site for the reservoix• and the additional cost of purchasing said property was discussed. The issuing of the bonds was discussed ~ length and the concensus of opinion being the sewer system construction and rehabililati.on, and the water reservoir being vitally necessary for the city that the Sewer-dater Revenue Bond issue irr the amount of $950,000.00 be advertised in the Crittenden County Times, West`Memphis, Arkansas. Thereupon, the following resolution was introduced in writing by Alderman Finley; who moved its adoption: R E S O L U T I O N WHEREAS, the City of West Memphis, Arkansas, needs to improve its municipally owned and operated water. and sewer systems, and has had plans prepared by A. E. Heagler anal Allen and Hoshall, consulting engineers, showing an estimated cost of $950,000, and the Cii;y has entered into a contract with Lewis W. Cherry Company of Little Rock, Arkansas, and Equitable Securities Corporation of Nashville, Tennessee, to serve as agents for the City in the execution and del3.vexy of the bonds to be issued to pay this cost; and WIiF'REAS, the City Councih has decided that this issue should be sold at public sale, and a proposed notice of sale has been prepared by the agents and presented to and read in fu1.1 to the City Counci.l.; now, therefore, BE IT RESOLVED, that the City Council of the City of West Memphis, Arkansas, does hereby approve the form of the notice of sale as read, a copy of which is attached to this resolution, acrd does hereby instruct the Mayor and. City Clerk to publish said notice of sale once a week for three times, the first publication to be more than twenty days prior to the date fixed for the sale, in Crittenden County Times, a newspaper published in the City of West Memphis, Arkansas, setting the time and place of said sale at 2 o-clock P.M, on the 5th day of May, 19511, in the office of Council Chambers, City Hall, i.n West Memphis, Arkansas, and to publish. said notice also in such other publications as they may deem advisable. ~~!~ Notice of Sale X950,000 CITY OF WEST MEMPHIS, ARKANSAS Water and Sewer Revenue Bonds SEALED BTI)S will be received by the Mayor and City Council of the City of WEST MEMPHIS, ARKANSAS, for $950,000 City of West Memphis, Arkansas, Water and Sewer Revenue Bonds at the City Hall in said City up to 2 P.M. C.S,T, on the 5th day of Mme, 1954 at which time and place the bids will be opened for sale of all, but not part, of this bond issue. Said bonds are coupon bonds in the denomination of $1,000 each, dated May 1, 1954, and falling due serially on May 1 of each of the years 1955 to 1979, inclusive, as follows: AMOUNT YEAR AMOUNT YEAR $10,000 1955 X50,000 1968 10,000 1956 55,000 1969 10,000 1957 55,000 1970 10,000 1958 60,000 1971 10,000 1959 60,000 1972 10,000 1960 65,000 1973 10,000 1961 70,000 1974 10,000 1962 70,000 1975 15,000 1963 70,000 1976 15,000 1964 70,000 1977 15,000 1965 75,000 1978 15,000 1966 75,000 1979 35,000 1967 Interest payable November 1, 1954, and semiannually thereafter on May 1 and November 1 of each year. The principal of and interest on said bonds are payable in lawful money of the United States of America at the Union National Bank, Little Rock, Arkansas, or at the option of the holder, at a bank or trust company in the City of New York, New York, or Chicago, Illinois, to be determined at the time of the sale by agreement between the City and the purchaser. Said bonds are being issued under authority of Acts 131 and 132 of the General Statutes of the State of Arkansas for 1933, as a~n~d, and will be payable solely from revenues to be derived from the, operation of the City-s water and sewer systems, subject only to the prior payment therefrom of the' reasonable expenses of operating, maintaining and repairing the systems and to the prior pledge of said revenues to the payment of $448,000 Sewer Revenue Bonds and $353,000 Water Revenue Bonds now outstanding. In the event of a deficiency of said water and sewer revenues, this issue will be additionally secured by a pledge, to the extent of such deficiency, of the net revenues of the City's electric light and power system. Bidders shall name a rate or rates of interest, not to exceed 4%, in multiples of 1/8 or 1/10 of 1~. No more than three rates of interest shall be specified, and there slxall be no more than one rate for any one maturity. Subject to the right to reject any and all bids, the bonds will be awarded at not less than par and accrued and interest to the responsible bidder whose bid results in the lowest net interest cost to the City. The City will furnish without cost to the successful bidder the approving opinion of Townsend and Townsend, Attorneys, of Little Rock, Arkansas, a non-litigation certificate and the executed bonds. The executed bonds will be delivered on or about June 15th, 1954, in a city agreeable to the city and the purchaser. A good faith deposit the amount of X19,000, in the form of a certified check, payable to the order of the City of West Memphis, Arkansas, shall accompany each bid. Each bid should be enclosed in a sealed envelope marked on the outside, "Proposal for Water and Sewer Revenue Bonds," and addressed to the Mayor and City Counci7_ of the City o.f West Memphis, Arkansas. The bonds wi1.l be cal7.able for payment prior to maturity in inverse numerical order at par and accrued interest, as follows: 7f called from surplus water or sewer revenues, or from unexpended bond proceeds, on any interest paying date; if called with funds from any source, on any interest paying date on and after May 1, 1959. The purchaser shall have the right to convert the bonds to bonds bearing a lower rate of interest, subject to the following limitations: (1) Such conversion is to be in substantial compliance with the Universal Bond Values Tables. (2) The City is to receive no less and pay no more in total principal and interest payments over the life of the issue than it would receive or pay if the bonds were not converted. (,!- (3) The bonds may not be converted to bonds bearing interest at rates more than 1/2 of l~ lower than the rates specified in the original bid schedule. (!t) No more than three (3) interest rates may be designated in the converted schedule. (5) The City reserves the right to reject any such conversion if said conversion does not comply with the above limitations. For copies of the Official Statement, describing the issue in detail, including the provisions for redemption prior to maturity, address the undersigned. Dated, Ate. ril 7, 1951 TFfE CTTY OF WEST P1F'MFHIB, ARKANSAS %S% HOWELL B, PRICE, Mayor ATTEST: %S% W, R, SEATUIQ C ty C erk The motion was seconded by Alderman Foster, and upon roll call_ vote, the Aldermen voted: Aye; Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton. Nay: None, No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Finley to adjourn. Upon vote, the Aldermej, voted; Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, Powers, and Rowton, Nay: None, ~) c-" _ ~ MAYOR ATTEST: CITY CLERK APFROVGD: APRIL 20, 1954