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2096ORDINANCE NO. 2096 AN ORDINANCE CREATING A REDEVELOPMENT DISTRICT FOR CERTAIN PROPERTY LOCATED IN THE CITY OF WEST MEMPHIS, ARKANSAS; APPROVING A PROJECT PLAN FOR SUCH DISTRICT; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the City of West Memphis, Arkansas (the "City") is authorized and empowered under the provisions of Amendment No. 78 to the Arkansas Constitution and Title 14, Chapter 168, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Act") to create a redevelopment district for the purpose of financing one or more redevelopment projects within the district; and WHEREAS, it is proposed that the City create a redevelopment district under Amendment No. 78 to the Arkansas Constitution and the Act consisting of approximately 419.01 acres located in the Clement Norfleet Industrial Park Subdivision to the City of West Memphis, Crittenden County, Arkansas, for the purpose of fmancing an approximately 6,300 foot street within the district connecting Red Cross Road and Kuhn Road (the "Project"); and WHEREAS, a project plan has been prepared for the Project containing the information set forth in the Act, a copy of which has been presented to and is before this meeting (the "Project Plan"); and WHEREAS, pursuant to and in accordance with the provisions of the Act, a public hearing was held on the date hereof before the City Council on the question of the creation of the redevelopment district and on the question of the approval of the Project Plan; and WHEREAS, after due consideration, the City Council has determined to proceed with the creation of the redevelopment district and to approve the Project Plan; NOW, THEREFORE, BE IT ORDAINED by the CityCouncil ofthe City of West Memphis, Arkansas: Section 1. A redevelopment district is hereby created as of the date of adoption of this Ordinance. Section 2. The name of the redevelopment district shall be "Redevelopment District No. 1 of the City of West Memphis, Arkansas." Section 3. The boundaries of the redevelopment district shall be as follows: Block 1, Clement-Norfleet Industrial Park as shown by plat recorded in Plat Book 4 at page 463 in the Clerk's Office of Crittenden County, Arkansas. ! . Section 4. The City Council hereby finds and determines that the real property within the redevelopment district will be benefitted by discouraging the loss of commerce, industry, or employment and increasing employment. Section 5. There is hereby established a special fund as a separate fund into which all tax increment revenues and other revenues, if any, designated by the City Council for the benefit of the redevelopment district shall be deposited, and from which all project costs shall be paid. As provided in the Act, the special fund may be assigned to and held by a trustee for the benefit of bondholders if tax increment fmancing is used. Section 5. The Project Plan is hereby adopted and approved. The City Council hereby finds and determines that the plan is economically feasible. Section 6. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. All ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. There is hereby found and declared to be an immediate need for the creation of a redevelopment district for the purpose of financing the Project herein described in order to discourage the loss of commerce, industry, or employment and to increase employment in the City. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the preservation of the public peace, health and safety shall be in force and effect immediately upon and after its passage. PASSED: June~4, 2004. ATTEST: ity Clerk (SEAL) moldy _ L '~,~" APPROVED: May r RECEIVED City Clerk's Office Date/((TimQ e~p a ~ ~ y q , ~ ~~~~,,, By oti IL~MM~ LLB J CERTIFICATE The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No._, adopted at a regular session of the City Council of the City of W est Memphis, Arkansas, held at the regular meeting place of the City at 1:30 o'clock p.m., on the 24th day of June, 2004, and that the Ordinance is of record in Ordinance Record Book No. ~c~ `~ , wage- ,now in my possession. GIVEN under my hand and seal on this d 4-{-~ day of June, 2004. -~ City Clerk (SEAL)