March 7, 1974ins
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD ON THE 7TH DAY OF MARCH, 197lt.
The City Council of the City of West Memphis,
at its regular meeting place in West Memphis,
! the 7th day of March, 19711. The following we
City Attorney Robert Smith, and Aldermen: C.
B. G. Smith, R. T. Bentley, Thomas Dickerson,
J. E. Hightower, and Pritchard Horton.
Absent: Alderman M. P. Scott.
Arkansas, met in a regular session
Arkansas at 1:30 o'clock p.m., on
re present: Mayor Tilden Rodgers,
D. Hutcherson, Ann Payton,
D. M. Grimsley, W. L. Harris,
It being determined a quorum was present, the following proceedings were had
'to-wit
Minutes of meeting on February 21, 19?!t, were approved as read.
Alderman Stith, Chairman of the Street Committee, requested suggestions
pertaining to the street program be received by the committee within 10 days,
also requested permission to advertise for 11,000 tons of asphalt for the
197? Street Programme ~+epair of Rich Road `and other streets was discussed.
Mayor Rodgers brought to the Council's attention matters for the agenda are to
be presented to his office by 5 p.m. on the Monday:~rior to the meeting.
An ordinance entitled "An Ordinance To Rezone A Tract Of Land Lying In The SEA
NEB, the SEA, the SW~ SF4 and the ~ SW~ of Section 1.l;, Township 6 North,
Range 8 East" read the first time on February 7th, the second time on February 21st,
was presented for third reading. Motion was made by Alderman Bentley, seconded
by Alderman Hutcherson:That the ordinance be read the third time. Upon vote,
the voting was as follows
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, and Horton.
No : None .
City Attorney Smith read the ordinance.
Motion was made by Alderman Bentley, seconded by Alderman Grimsley 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: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley, Harris,...,
Hightower, and Horton.
No : None .
The Mayor thereupon declared the ordinance adopted and signed the ordinance,
which was attested by the City Clerk and impressed with the seal of the City.
The ordinance was given No. 798, and read as follows:
~.
s
160
ORDINANCE NO , ?98
!!~~N ORDINANCE TO RE7.ONE .~ TRACT OF LAND LYING IN THE
SE ~ I~'E~, the N 2 SE 4, the SW%+ SEA and the E 2 SW
OF SECTION 14 TOWNSHIP 6 NORTH RANGE 8 EAST
WHEREAS, application was made to the City Planning
Commission to rezone the hereinafter described property and
after notice having been published for the time and in the
manner as provided by Ordinance No. 715 the matter was heard
by the City Plannin Commission and no persons appearing to
protest the same the Planning Commission recommended that said
application be Granted: NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
:'~:~IPH IS , A. RiC~ ID'S ~. S
SECTION I: Ti~at the following described property, to wit:
r. tract of land lying in the SE 4 of the NE 4, the N2
of the SEz~, the SLJ~ of the SEA and the E 2 of the SWi
of Section 14, Township 6 North, izange 8 East, more
particularly described as follows:
Beginnin,~ at the southwest corner of Block 4 of
T-~7estwood acres Sixth Addition as shown by plat of
record in Plat Book 2 at page 469, run thence North
along; the t~iest line of said Block 4 to a point 17C. U6
feet South of the center line of Vanderbilt Avenue as
shown on said plat; thence West 902012 feet; thence
along; a curve that breaks to the left with a radius
643.19 feet: a distance of 454.62 feet ; thence l~'orth 40
degrees 30 minutes West a distance of 140 feet; thence
South 49 degrees 30 minutes West. a distance of 1635
feet; thence North 4C degrees 30 minutes ;~~est a distance
of 1230.40 feet; thence North 58 degrees 59 minutes SG
seconds East a distance of 31'L.29 feet; thence North 61
degrees 3G minutes 17 seconds East a distance of 300. G4
feet; thence :\Torth 71 deb-gees 51 minutes 36 seconds East
a distance of 305.94 feet; thence North 63 degrees 13
minutes 19 seconds East a distance of 300.33 feet; thence
l~'ort.h 43 degrees 51 minutes 3 seconds East a distance of
2G8a 81 feet; thence north 87 degrees 48 minutes 19 seconds
East a distance of 185. 6:i feet; thence North 52 degrees 7
mi:~utes 23 seconds East distance of 136.47 feet •thence
North 55 degrees 41 minutes 30 seconds East a distance of
200.72 feet; thence Nor~~c~ 61 degrees 30 min~:tes 17 seconds
East a distance of 3G0.C4 feet; thence North 73 degrees
46 minutes 28 seconds East a distance of 205.45 feet;
thence North 6G degrees 33 minutes East a distance of
300.00 fEet; thence North 53 degrees 42 minutes 2b seconds
East a distance of 201.43 feet; thence North 57 deg-Trees 58
minutes 24 seconds East a distance of 200.20 feet; ?thence
No-rt:~ 56 degrees 15 minut=es 39 seconds East a distance of
Est
--
--- -
. 148.28 feet; thence North 56 degrees 15 minutes 39
seconds East 52.28 feet; thence North 55 degrees 21 ~
minutes 33 seconds Fast 322062 feet; thence North 59
de >rees `L minutes 9 seconds East to the Fast line of
Section 14, Township 6 North , IZan~;e 8 East; thence
South along; the East line of Section 14 to a point in
! the South line of Lot 1 in Block 3 of Westwood Acres
Sixth Addition; thence West to the point of beginning,
be and same is hereby rezoned RS-7.5, Single-Family Residence
District.
SECTION II: ,P11 ordinances and parts of ordinances in
conflict herewith are hereby repealed, and this ordinance shall
be in full force and effect from and after its passage and
publication as provided by law.
An ordinance entitled "An Ordinance To Amend Section IV Of Ordinance No. 260,
Establishing F®es For Gas Installation" was presented-for second reading.
Motion was made by Alderman Smith, seconded by Alderman Hutcherson: The
ordinance be read the second time. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No: None.
City Attorney S'~nith read the ordinance the second time.
Motion was made by Alderman Bentley, seconded by Alderman Harris: That the
second reading of the ordinance be approved. Upon roll call vote, the voting
was as follows: ~
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No: None.
An ordinance entitled "An Ordinance To Regulate Fees Charged For Building
Permits And Inspections Within The Corporate Limits Of The City Of
West Memphis, Arkansas" was presented for second reading. Motion was made
by Alderman Bentley, seconded by Alderman Smith: The ordinance be read the
second time. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No: None.
City Attorney Smith read the ordinance the second time.
Motion was made by Alderman Harris, seconded by Alderman Bentley:. The
second reading of the ordinance be approved. Upon roll call vote, the voting
was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No : None .
An ordinance entitled "An Ordinance To Amend Ordinance 101 Of The City Of
West Memphis, Arkansas was presented for second reading. Motion was made
by Alderman Bentley, seconded by Alderman Harris: The ordinance be read
the second time. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No : None .
City Attorney Smith read the ordinance the second time.
Motion was made by Alderman Grimsley, seconded by Alderman Bentley: The
second reading of the ordinance be approved. Upon roll call vote, the
voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, and Horton.
No: None.
161
Mr. James Swan, co-owner of West Memphis Cab Compar~r appeared and informed
the Council he did not want to sell the Cab Company, therefore, the hearing
on the transfer of the Certificate of Public Convenience was cancelled.
Bids for car radio and car for the Electric Inspector as per Notice published in
the Evening Times were received as follows:
Motorola Communications and Electronics Inc., $1027.b2
Alderman Payton was excused from the meeting.
After discussion, motion was made by Alderman Horton, seconded by Alderman
Grimsley: Bid for car radio be awarded to Motorola Communications and
Electronics, Inc. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, and Horton.
No : None .
Bids for car were read by the City Attorney as follows:
Tom Gibson Ford, Inc.
A. J. Thomas, Inc.
Chalmers Buick Co.
Ryan Chevrolet, Inc.
$3383.93
390.78
3835.0.
3~3.b9
After consideration, motion .was made by Alderman Bentley, seconded by
Alderman Hutcherson: If bids meet specifications that be awarded to lowest
bidder. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Seith, Bentley, Dickerson, Grimsley, Harris,
Hightower, and Horton.
No: None.
Alderman Payton returned to the meeting.
The following Resolution was read in full by City Attorney Smith and considered:
RESOLUTION N0. l~81
RESOLUTION APPROVING AND PROVIDING FOR THE E%ECt7TI0N OF A PROPOSED AMENDATORY
NEIGHBORHOOD FACILITIES GRANT CONTRACT
WHEREAS, there is pending a proposed First Amendatory Contract, amending
Neighborhood Facilities Grant Conteact, No. NFP-AR-06-3?-1007, dated March 23,
1973, by and between the CITY OF WEST MEMPHIS, ARKANSAS, (herein called the
"Public Body") and the U~iITED STATES OF AMERICA (herein called the "Government"),
and
WHEREAS, it is recommended that the pending proposed First Amendatory Contract
amending Neighborhood Facilities Grant Contract, No. NFP-AR-06-37-1007, dated
March 23, 1973, by and between the CITY OF WEST MEMPHIS, ARKANSAS (herein
called the "Public Body") and the UNITED STATES OF AMERICA (herein called the
"Government"), be in all respects approved, and
W + S, the Mayor of the CITY OF WEST PHIS, ARKANSAS, needs the authority
to execute the amendatory contract in three C3) counterparts on behalf of the
Public Body and the City Clerk of the CITY OF WEST MEMPHIS, ARKANSAS needs the
authority to impress and attest the official seal of the Public Body on each
counterpart and to forward such counterparts to the Department of Housing and
Urban Development for execution on behalf of the Government, together with
other documents relative to the approval and execution of such counterparts as
may be required by the Government;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1n1EST MEMPHIS,
ARKANSAS:
1. That the pending proposed First Amendatory Contract, amending Neighborhood
Facilities Grant Contract, No. NFP-AR-Ob-37-1007, dated March 23, 19?3, by and
between the CITY OF WEST MEMPHIS, ARKANSAS (herein called the "Public Body")
and the UNITED STATES OF AMERICA (herein called the "Government") is hereby in
all respects approved.
IG3
2. That the Mayor of the CITY OF WEST MEMPHIS, ARKANSAS be authorized and
directed to execute the amendatory contract in three (3} counterparts on
behalf of the Public Bock, and the City Clerk of the CITY OF WEST MEMPHIS,
ARKANSAS be hereby authorized and directed to impress and attest the official
seal of the Public Body on each counterpart and to forward such counterparts
to the Department of Housing and Urban Development for execution on behalf of
the Government, together with other documents relative to the approval and
execution of such counterparts as may be required by the Government.
3. That this resolution shall take effect immediately.
Alderman Grimsley was execused from the meeting.
Alderman Smith moved that the foregoing Resolution be adopted as introduced
and read, which motion was seconded by Alderman Bentley, and upon vote, the
voting was as follows:
Ayes: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton.
Nays: None.
The Mayor thereupon declared said motion carried and said Resolution adopted.
Mr. Jerry Musick, manager Big Star Foodeteria, 111 N. Missouri, was commended
for closing the store on Sundays in compli~tce with City Resolution No. l~78
recommending all businesses close on a voluntary basis on Sunday. Mr. Musick
elabored on closing of businesses. After discussion, City Attorney Smith was
requested to obtain copy of the Little Rock ordinance pertaining to Sunday
business closings.
A five minutes recess was declared.
The meeting was called to order by Mayor Rodgerss who announced bids for
addition and alterations to West Memphis Public Library in acco~lance with
bid Notice published in the Evening Times on February 20, 27, and March 6th
will be opened. The bids were read by Mr. Pat Magruder of Magruder-Froning
Architects as follows:
BIDDER
BASE BID ALTERNATE #1
ALTERNATE #2
Natomas Development Corp . $10l~, 000 $!t, 000
Spencer Anderson and Son 119,300 3,995
Heath & Scarbrough 113,952 3,757
Grinder Bros. Constr. Co. 115,23 3,385
$12,200
21,000
18,225
21, 381
After consideration of the bids-and recommendation of the Architect, motion was
made by Alder min Smith, seconded by Alderman Hutcherson: Authorize Architect to
award bid to Natomas Development Corp. include Alternate No. 2 and Deduct
Alternate #1. Upon vote, the voting was as follows:
Ayes: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton.
Nays: None.
Mr. Magruder informed the Council bids for the Auditorium will be received on
March 21st, blue prints are available, and the model of proposed construction is
~Rts~~played at the Holiday P1az~~Ma1~.,td the banks. Also, ~derman Bentley,
airman of the proposed City Hall/is wor~i:ng with the Architect and contacting
Department heads. Mayor Rodgers requested P. G. Para of the Utility Commission
to work with the Architect on removing utilites from the proposed site.
is4
Mr. Morris Fair of United Municipal Investment Corporation discussed with the
Council pending litigation involving the Utility Commission and status of the
utility revenue bonds.
The Mayor stated that consideration should be given to an ordinance authorizing
the issuance of public utility revenue bonds. This was a matter with which the
Council was familiar and after a discussion, Alderman Dickerson introduced an
ordinance entitled: "An Ordinance Authorizing The Issuance Of Public Utility
Revenue Bonds For The Purpose Of Financing The Cost Of Constructing And
Equipping Public Utility System Improvements At The City Of West Memphis,
Arkansas; Providing For The Payment Of The Bonds; Prescribing Other Matters
Relating Thereto; '~nd Declaring An Emergency", and the City Attorney read the
ordinance in full.
Alderman Hutcherson, seconded by Alderman Smith, 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: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
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
was carried and the rule suspended. The ordinance was then read by the City
Attorney. .
Alderman Payton, seconded by Alderman Bentley, 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 roll being called the following voted r-
Aye: Aldermen: Hutcherson, Payton, Sm3.th, Bentley, Dickerson, Harris,
Hightower, and Horton
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 was
carried and the rule suspended. The ordinance was then read by the City Attorney.
Alderman Harris, seconded by Alderman Hightower, 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: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
and the following voted
Nay: None .
Alderman Horton, seconded by Alderman Dickerson, moved that Section 20, the
emergency clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Hutcherson, Payton, ~i.th, Bentley, Dickerson, Harris,
Hightower, and Horton
and the following voted
Nay: None .
The Mayor thereupon declared the ordinance and the emergency clause adopted
and signed the ordinance, which was attested by the City Clerk and impressed
with the seal of the City. The ordinance was given No. ~~99.
The ordinance read as follows:
,,
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6 (i ~ ~
ORDINANCE NO. ~_~
i
F
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC
UTILITY REVENUE BONDS FOR THE PURPOSE OF FINANCING
THE GOST OF CONSTRUCTING AND EQUIPPING PUBLIC
UTILITY SYSTEM IMPROVEMENTS AT THE CITY OF WEST
MEMPHIS, ARKANSAS; PROVIDING FOR THE PAYMENT OF
THE BONDS; PRESCRIBING OTHER MATTERS RELATING
THERETO; AND DECLARING AN EMERGENCY.
WHEREAS , the City of West Memphis , Arkansas (the "City") , owns
and operates electric faciiitie s , waterworks facilities and sewer facilities a s
one inter-related municipal undertaking, the facilities of which constitute the
City's Public Utility System (a 11 of the facilities v~ill be herein some time s
referred to a s the "System"}; and
s+!
WHEREAS, the City has determined that the constructing of improvements
consisting of extensions to the waterworks facilities and sever facilities and
T related improvements (the "improvements") are necessary; and
WHEREAS, the total estimated cost of the improvements is approximately
$1 , 990 , 000 and in order to finance the improvements , it is necessary that the
City issue Public Utility Revenue Bonds in the principal amount of $ l , 000 , 000 ,
. ,
the balance _of the costs being provided by a grant or grants from.an as~ency or
agencies of the United States; and
WHEREAS, the City has advertised the public sale of its $I,000,000 in
principal amount of Public Utility Revenue Bonds (the "bonds") and at the sale
Powell & Satterfield , Inc. , Rauscher, Pierce & Cornpany, A . S. Hart & Company
_ and W . H . Satterfield & Co . (the "purchasers ") bid and offered the price of
par plus accrued interest plus a premium of $2,975 for bonds bearing interest
at the rate of 4.90% per annum, an effective rate. of 4.5796% per annum, and
this being. the best bid , the bonds were sold the the purchasers at that price;
. ~ nd
A
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WHEREAS, pursuant to the authorization in the Notice of Sale the
purchasers have elected to convert the $1, 000, 000 of bonds bearing interest at
the rate of 4.90% per annum to an issue of $1,023,575 of 4-3/S%, 4-1/2%,
4-S/8% and 4-3/4% bonds, hereinafter described in detail, and the City has
examined the conversion and has. found it to be in accordance with the Notice
of Sale :and that by virtue of i t the City will receive no less and pay no more
than it would receive and pay if the bonds were not converted .
-~
NOW, THEREFORE, BE IT ORDAINED by the City Council. of the City of
T;
West Memphis, Arkansas:
Section 1 . The improvements shall be accomplished , and-the Mayor
and City Clerk are hereby authorized to execute such documents -and writings
.~`»
and to take such other action as may be necessary or appropriate thereto.
The Council hereby finds and declares that the period of usefulness of the
improvements will be more than forty (40) years, which is longer than the term
of the bonds .
Section 2 . The sale of the bonds to the purchasers a s set forth above ,
and the conversion of the bonds , a s set forth above , is hereby approved and
confirmed .
Section 3. That the City has outstanding ant.a,ssue of Sewer Revenue
Refunding and Improvement Bonds, dated June 1, 1945, authorized by Ordinance
No, 107 of the Ordinances of the City, ~~dopted and appra~jed on July G, 1945
and ar. issue o{ Sewer Revenue Bonds dated I~ugust 1, 1949, author~.zed by
Ordinance No. 171 of the Ordinances of the City, aciopficd-and approved on
September 9, 1949 (herein sometimes referred to as the "194:5 and 1949_ Sewer
Bonds"~ . In addition, the City has outstanding an issue of Public Utility Bonds
dafied May 1, x954, authorized by Ordinance Na. 275 of the Ordinances of the
City, adopted and approved on May lII, 1954 (heroin sometimes referred to as
the "1954 Utility Bonds"); and the City has outstanding an issue of Public Utility ~.~
Bonds dated 11pri1 1, 1956, authorized by Ordinance No. 316 of the Ordinances
of the City, adopted and approved on March 15, 195G, as amended (herein
j
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Page 3
sometimes referred to as the "1956 Utility }3onds"}; and the City has outsfiazzding
an issue of Public Utility Bonds dated July 1, 19 G3 , authorized by Ordinance No.
437 of the Ordinances of tho City, adopted and appro~~ed on June 20, 1963 (herein
.sometimes referred to as the "1963 Utility Bonds"}; and the City has outstanding
an issue of Public Utility Bonds dated June 1, 1.967, authorized by Ordinance No.
_ 526 of fine Ordinances of the City, adopted and approved on April 20,. 1967 (herein
someti~~~les referred to as the"1967 Utility Bonds"}; and the City has outstanding
. 1 _
an issue of Public Utility Bonds dated May ? , 1968, authorized by Ordinance
No. 563 of the Ordinances of the City, aU.opted and approved on June 6,. ~968~, as
amended b~r~ Ordinance No. 564 of the Ordinances of the City, adopted and approve
on July 2 , 196 8 (herein sometimes referred to a s the " 1968 Utility Bond s"}; and
the City has outstanding an issue of Public Utility Bonds dated October 1, 1971,
authorized by Ordinance No . 6 9 9 of the Ordinances of the City adopted and approved
on October 7 , 19 71 (herein sometimes referred to a s the "19 71 Utility Bonds") . The
1971 Utility Bonds , the 1968 Utility Bonds , the 1967 Utility Bonds , the 1963
Utility Bonds and the 1956 Utility Bonds are issued on a parity of security with
each other and with the 1954 Utility Bonds . The applicable provisions of
Ordinance Nom. 275, Ordinance No. 5-26, Ordinance No. 563 and+Ordinance No. 699
permit the issuance of additional parity bonds . It~s~ hereby found and declared
that the conditions set out in Section 17 of Ord~.nance No, 275, in Section 17 of
Ordinance No. 526, in Section 10 of Ordinance No. 563 and in Section 1Q of
Ordinance No. 699 have been fully met and complied with and that, therefore, the
. bonds now being issued are issued on a parity of pledge., lien and .security on
the system revenues and on the System with the outstared ing bonds of the 1954
x
Utility Bonds , the 195 6 Utility Bonds , the 1963 Utility Bonds , the 1967 Utility
Bonds, the 1968 Utility Bonds and the 1971 Utility Bonds. As in the case of the
-1954 Utility .Bonds , the 1956 Utility Bonds , the 1963 Utility Bonds, the 1967
Utility Bonds , the 19 6 8 Utility Bonds , and the 19 71 Utility Bonds , with which
these bonds are being issued on a parity, the pledge, lien and security in favor
1BS
Page 4
of the bonds now being issued is subject to the prior and superior pledge and lien
of the 1945 and 1949 Sewer Bonds (to the extent of the pledge of revenues made
to the 1945 and I949 Sewer Bonds by the Ordinances authorizing their issuance}.
Also, it is recognized that the City has made a conditional pledge of electric
revenues to a n issue of Swimming Pool Revenue Bonds of the City d a ted March ]. ,
1955, as set forth in Section 14 of Ordinance No. 295 of the Ordinances of the
City adopted and approved on February 1, 1955, and nothing in this Ordinance shall
be cons trued a s impairing that cond itiona 1 pledge of electric revenues to the
extent, and only to the extent, that the conditional pledge in favor of the March 1,
. s V
1955 Swimming Pool Revenue Bonds may be determined to be applicable to the
pledge of System revenues in favor of the bonds now being issued .
Section 4. Under the authority of the Constitution. and laws of the State ~~
of Arkansas, including particularly Act No. I31 of the Acts of Arkansas of 1933,
as amended , Act No. 132 of the Acts of Arkansas of 1933 , as amended , and the
applicable decisions of the Supreme Court of the State of Arkansas, including
particularly City of Harrison v' . Bra swell, 209 Ark. 1094 , 194 S . W, 2d 12.
Public Utility Revenue Bonds (the "bonds" or the "1973 Utility Bonds "} are hereby.
authorized and ordered issued in the principal amount of $I,023,,57~,for the
purpose of accomplishing the .improvements and pay~:rig necessary expenses
incidenta i thereto and to the authorization and issuance of the bonds . The band s
shall be dated December 1, 1973, with interest thereon payable semiannually on
June 1 and December 1 of each year, commencing June I., 1974. The bonds shall
be numbered consecutively from 1 to 208, inclusive , and the bonds shall be in
the denomination of $5,000 each, except Bonds Nos. 13, 14 and 15, which shall be
in the denomination of $1, 000 each and Bond No . 16 , which shall be in the d eno-
urination of $575. The bonds shall mature on December 1 of each year and
shall bear interest at rates as follows:
I (~~ __
Page S
YEA R
~' 1981
1982
1983
1984
1985
1986
1987
1988
~~ f:
1989
1990
? 1991
i
i
f ~~
INTEREST F.~1TE
4,375%
4,375%
4 .50
4.50
4.50
4,625%
4,625%
4..75
4,75
4 , 7 5 °%
4.75
PRINCIPAL
$ 63 , 5 75 '
45,000
50,000.
60,000
65,000
65,000
i
75 , 000
100,000
150, 000
150,000
204,000
1t0
Page 6
The bonds sha 11 be negotiable coupon bonds payable to bearer but subject to
registration as to principal or as to principal and interest. Principal and interest
are payable at the principal office of The Farmers & Merchants Bank, Stuttgart,
_.
Arkansas (the "Trustee" and "Paying Agent"}. Payment of interest
when registered as to interest may be by check or draft mailed to the registered
owner at the address shown on the registration book of the City maintained by
the Trustee. The bonds shall be subject to redemption prior to maturity.as
~~, hereinafter set forth. ~ .
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 ma nua 1 signature of the City Clerk . The interest coupons attached
to the bonds may be signed by the facsimile signature of the Mayor, The bonds,
together with interest thereon, shall be payable solely out of the 1967 Public
Utility Bond Fund, a s hereinafter set forth , and sha 11 be a va lid claim of the
holders thereof only against such fund and the amount of revenues pledged thereto,
which revenues are hereby pledged and mortgaged for the equa 1 and ratably pay-
ment of the bonds on a parity of pledge , lien and security with the 1954 Utility
Bonds , the 19 S 6 Utility Bonds , ~ the 19 63 Utility Bonds , the 196 7 Utility Bonds ,
_..~:.
the 1968 Utility Bonds and the 1971 Utility Bonds and shall be used for no other
purpose than to pay the principal of and interest on the bonds, except as otherwise
specifically provided in this Ordinance . The bonds and interest thereon shall
.~~
not constitute an indebtedness of the City within any constitutional or statutory
limitation.
Section 6 . The bonds shall be in substantially the following form, and
the Mayor and City Clerk are hereby expressly authorized and directed to make
all recitals contained therein:
i
i
t71
UNITED STATES Ole' AMERICA
STATE OF ARI~INSAS
COUI~TTY OF CRITTENDEN
CIZ~' OF V~TEST MEMPHIS
PUBLIC UTILITY REVENUE BOND
No.
KNOW ALL MEN BY THESE PRESENTS:
That the City of West Memphis, County of Crittenden, State of Arkansas
(the "City"), acknowledges itself to owe and for value received, hereby promises
to pay to bearer, or if this bond be registered to the registered owner hereof,
solely from the special fund provided as hereafter set forth, the principal sum of
DOLLARS
in lawful money of the United States of America on the first day of December,
19 ,and to pay solely frori that special fund interest hereon at the rate. of
percent ( %} per annum, from date until paid , Interest is
payable semiannually on June 1 and December. 1 of each year, commencing
June 1, 1974. Principal and interest are payable at the principal office of
The Farmers and Merchants Bank, Stuttgart, Arkansas (the "Trustee" and
"Paying Agent"} , Payment of interest, when registered a s to interest, may be
by check or draft mailed to the registered owner at his address reflected on the
registration book of the City maintained by the Tru~t~e as bond registrar,
This bond is one of an issue of City of West Memphis, Arkansas Public
Utility P.evenue Bonds, aggregating One Million Twenty-Three Thousand Five
Hundred Seventy-Five Dollars ($I,023,575} in principal amount, dated December I,
F 1973 (the "bonds") , numbered from 1 to 208 , inclusive , all of like tenor and effect,
._ i
except as to number, denomination, rate of interest, maturity and right of prior `~
redemption, and are issued for the purpose of constructing extensions, betterments
and improvements (the "improvements") to the Electric, V1Taterworks and Sewer
facilities of the City (which facilities are operated as a single, integrated
municipal undertaking (the "System")) and paying necessary expenses incidental
thereto and to the issuance of the bonds.
a
172
Page 8
The bonds are issued pursuant to and in full compliance with the
Constitution and Laws of the State of Arkansas , including particularly Act
,.
No. 131 of the Acts of Arkansas of 1933, as amended, Act No. I32 of the
Acts of Arkansas of 1933 , a s amended , and applicable decisions of the Supreme
Court of Arkansas, including particularly City of Harrison v. Braswell, 209 Ark.
1jJ94, 194 S.W. Zd 12 {1946), and pursuant to an Ordinance of the City Council
duly adopted and approved , and d o n of constitute a n indebtedness of the
City within any constitutional or statutory limitation. The bonds are not
general obligations of the City, but are special obligations payable solely
from the revenues derived from the operation of the System . The. pledge of revenues.,
securing these bonds is on a parity of pledge and security with the pledge of _
revenues securing the Public Utility Bonds of the City dated .May 1, 1954 , the
Public Utility Bonds of the City dated April l , 1956 , the Public Utility Bonds of
the City dated July 1, 1963 , the Public Utility Bonds of the City dated June 1,
1967, the Public Utility Bonds of the City dated May 1 , 1968 and the Public
Utility Bonds of the City dated October 1, 197I, but is subordinate to the pledge
securing certain outstanding Sewer Bonds of the City and , to the extent
_ _ _. .. .,
applicable , to the conditional pledge of electric reve-Hues securing an issue of
swimming pool revenue bonds of the City) , described in the Authorizing
Ordinance, An amount of System revenues sufficient to pay the principal of and
interest on the bonds is to be set aside in a special fund for that purpose
identified a s the " 1967 Public Utility Bond Fund " (the "Bond Fund " ) , created
by Ordinance No . 5 2 6 , duly adopted and approved April 2 0 , l 9 6 7 , a s amended
by subsequent ordinances, particularly Ordinance No, ,duly adopted
and approved on the day of
19 74 (the "Authorizing '
Ordinance "} under which the bonds are authorized to be issued .and to which
reference may be. had by any interested person for a statement of the nature -
and extent of the security and the rights and obligations of the City , the
Page 9
Trustee and the holders of the bonds . The City has fixed and has covenanted and
agreed to maintain rates for the services of the.System which shall be sufficient
at all times at least to provide for the payment of the reasonable expenses of
operation and maintenance of the System, provide for the payment of principal,
interest, and Trustee's and Paying Agent's fees of ali bonds to which payments
•
must be made to satisfy pledges of System revenues , including specifically the
bonds of this issue , and; make required deposits for the depreciation of the
System.
The bonds are subject to redemption prior to maturity , a t the option of
the City, in whole or in part, with there to be no partial redemption of any band ,
in inverse numerical order, at a price of the principal amount of the bonds being
redeemed., plus accrued interest to date of redemption, as follows: (1) from
. proceeds of the bonds in excess -of the amount needed to accomplish the improve-
ments, on any interest payment date; and (2) from funds from any source, on any
interest payment date on and after December 1, 1983. Notice of the call for
redemption shall be published one time in a newspaper of general circulation
throughout the State of Arkansas published in the City of Little Rock, Arkansas.,
giving the number and maturity of each bond being called , with the publication
to be at least fifteen (15)~-days prior to the redemption date, and after the date
- .. I -.gyp' . -
fixed for redemption each bond so called shall cease to bear interest, provided
funds for its payment are on deposit with the Paying Agent at that time. In
addition, notice shall be given by certified or registered mail to the registered
owner of each bond registered a s to principa 1 a t the address of such owner
reflected on the bond registration book of the bond registrar, and if all outstanding
• I
• bonds shall be registered as to principal notice by certified ~or registered mail
• I
to the registered owners thereof a s afore said shall be sufficient, and it shall not
be necessary to publish notice of the call.
~- ~ ~ This bond may be registered a s to principal or a s to principal and interest
and may be discharged from such registration in the manner, with the effect, and
subject' to the terms and conditions endorsed hereon. Subject ~a tie prows-ions
.. ' ~ ~ `A
i
i
179
Page 10
for registration end orsed hereon, nothing contained in this bond or in the
Authorizing Ord finance shall affect or impair the negotiability of this bond , and
this bond shall be deemed a negotiable instrument under the laws of the State
.~.
of Arkansas and issued with the intent that the laws of the State of Arkansas
will govern its construction.
This bond sha 11 not be valid until it sha 11 have been authenticated
by the certificate hereon duly signed by the Trustee.
• IT IS HEREBY CERTIFIED, RECITED AND DECLARED that alt acts,
conditions and things required to exist, happen and be .performed precedent
to and in the issuance of this bond have existed , have happened and have been
,.,performed in due time, form and manner, as required by law; that the indebtedness
i
represented by this bond and the issue of which it forms a part does not exceed
any constitutional or statutory limitation; and that sufficient revenues derived
from the operation of the System have been pledged to and will be set aside for
the payment of the principal of and interest on all bonds to which payments must
be made including the bonds of this issue.
IN WITNESS WHEREOF, the City of West Memphis, Arkansas, by its
City Council, has caused this bond to be signed by the facsimile signature of
the Mayor and the manual signature of the City Clerk, and sealed with the
_.~-_..
corporate seal of the City, and has caused the coupons attached hereto to be
executed by the facsimile signature of the Mayor , a lI a s of the first d ay of "
December, 1973.
CITY OF WEST MEMPHIS, ARKANSAS
ATTEST:
i
.~
City Clerk
(SEAL)
By (Facsimile Signature )
Mayor
t75
•
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(Form of Coupon)
No. $
June , "
On the first day of December, 19 ,the City of West Memphis, Arkansas,
_ ~~.
unless the bond to which this coupon is attached is paid prior thereto, hereby
promises to pay to bearer, solely out of the funds specified in the bond to which
this coupon is attached
DOLLARS
in lawful money of the United States of America at the principal office of
The Farmers & Merchants Bank, Stuttgart, Arkansas, being ( } months'
interest then due on its Public Utility Revenue Bond, dated December 1, 1973,
and numbered
_ __ - ~ - _ -- CITY OF WEST MEMPHIS, ARKANSAS
By (Facsimile Signature)
- Mayor
On each bond shall appear the following:
CERTIFICATE
- Thi s-is to certify that this is one of the City of West Me-mphi~ , Arkansa s
_-~-..
Public Utility Revenue Bonds, dated December 1, 1973, ~rnentioned and described
within . ~ "
THE FARMERS & MERCHANTS BANK
STUTTGART, ARKANSAS
By
(Authorized Signature)
i7s
Page ~. 2
PIZOVISZONS rOl~ IZ~C~zS`I.'1:11'i'ION ~~TD r,~coNVrrs~~
- _
`l.'I1is bond may. be registered as to principal alone on
City, maintained by"tile Trustee as bond registrar, upon presentation hereof
..._
to the bond registrar, ~vhicli. shall make mention of such registration in the
registration blank below, and this bona nzay thereafter be transferred only
upon an assignment duly executed by the registered owner or his attorney or
legal representative in such form a s shall be satisfactory to the bond registrar,
such transfer to be made on such booms and endorsed hereon by the bond
registrar. =-~uch transfer may be to .bearer, and thereafter transferability by
delivery shall be restored, but this bond shall again- be subject to successive .
registrations and transfers as before. The principal of this bond, if registered,
unless x~gistered to bearer, shall be payable only to or upon the order of the
registered owner or his legal representative. Interest accruing on this bond
will be paid only on presentation and surrender of the attached interest coupons
as they respectively become due, and notwithstanding the registration of this '
bond as to principal, the appurtenant interest coupons shall remain payable to
bearer and shall continue to be transferable by delivery; provided, that if upon
registration of this bond, or at any time thereafter while this bond is registered
.,
in the name of the ov~rner, the unmatured coupons attached evidencing interest
to be thereafter paid hereon shall be surrendered to said bond registrar, a•
statement to that effect will be endorsed hereon by the bond registrar and
thereafter interest evidenced by such surrendered coupons may be paid by
check or draft of the bond registrar at the tinges provided herein to the registered
owner of this bond by mail to the address shown on the registration books. This
bond when so converted into a bond registered a s to both principal and interest
may be reconverted into a coupon bond at the written request of the registered
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Page 13
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owner and upon presentation alt the office ~f said bond registrar. ` ~J`~~on such
~cconversion the coupons represeritir~g tl~e interest to becomo due`''thereafter
!~ to the date of maturity ~^~ill ac,~ain be attached to this bond and a statement
~,; - ..
V
.will be endorsed hereon by t11e bond registrar in the registration blank below
whether it is then registered as to princa.pal or payable to bearEr. .
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Page 14
,. 1 x
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Scr,~-ia-~ ~7'. ~f The rates to be charged for electric services fur-
Wished by the System, the rates to be charged for- water services furnished by
the System, and the rates to be charged for sewer ser_viccs iurrii~Iled by the
System by all, heretofore adopted and presently effective ordinances of the
~~
City Council, and the conditions, riy~~~ts and obligations pertaining thereto,
as set out in those ordinances , are hereby ratified, confirmed .and continued.
The City covenants and agrees that the rates shall never be reduced ,
while ar~y of the bonds are outstanding unless there is obtained from an indeper_-
~~ _
dentlcertified public accountant a certificate that the- net revenues of the System
i J
~ ~,
-~
i
{net revenues being defined as gross revenues less the expenses of_ operation _
x
and maintenance of the System, including all expense items properly attributable
to the operation and maintenance of the System under generally accepted account-
f --
ing principles applicable to municipal electric, ~ti~atervtJorks and sewer systerns} ,
I witl~ the reduced-rates, will always be equal to the amount required to be set
aside for the Depreciation Fund, and the amount necessary to comply tivith alI
' 1 w
i
conditior-~'al pledges of any System revenues (on the assumption all payments will
have to be made to the full. extent of the conditional pledges) , and leave a balance
equal to the ar-mount necessary for paying pri.nc~pal and interest ~~Jhen clue of the
1945 and 1949 Sewer Revenue Bonds, plus at least 200% of the aggregate average
•
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annual principal and interest requirements on all outstanding bonds of the 1.954.
Utility Bonds, 1956 Ut:.lity Bo:~ds, 1963 Utility Bonds, ].967 Utility Bonds, the
1968 Utility Bonds , the 1971 Utility Bonds and the bonds of this issue and the
bonds of any subsequent parity issue . The City further covenants and agrees
that -the rates sha 11 when necessary , from time to time , be increased in a n amount
t
which will produce net revenues at least sufficient to provide the required deposit
into the Depreciation Fund , comply with all conditional pledges of any System
~.
revenues, and leave a balance equal to the amount necessary for paying principal
and interest when d ue of the 1945 and ~~1949 Sewer Revenue Bonds ,and meeting
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all principal and interest requirements of the 1954 Utility Bonds, 1956 Utility
Bonds, 1963 Utility Bonds, 1967 Utility Binds, 1968 Utility Bonds, the ;1971
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Page 15
' Utility Bonds , the bonds of this issue and the bonds of any st.~bsequent parity
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issue and maintain all funds in connection therewith ~a~.,`t`he required .level,
Section £3. None of the facilities or services afforded by the System
shall..be furnished without a charge being made therefor. In the event that the
City or any department, agency or instrui~lental~ty Thereof shall avail itself of
the facilities and services afforded by the System, the reasonable value of the
services or facilities so affordedhall be charged against the City or such depart-
ment, agency or instrumentality and si~~all be paid for as t~~e chaxges therefor
accrue. The revenue so received shall be deemed tv be revenues derived .from
~~...
the operation of the System and shall be used and accounted for in the same
man~~er as any other revenue derived from fihe operation of the System, provided,
ho~j~ever, 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 System.
r A -
Section 9. The System shall be conTinuously operated as a revenue
producing undertaking, and alI moneys received from its operation shall be
deposited in such depository or depositories for the City as may be lawfully
~-
designated from Time to time by fihe Council, subject, hav,rever, to. the~-giving of
. i q'. -
security as nova or as hereafter may be required by l.av~, and provided that such
depositories shall hold membership in the Federal Deposit Insurance Corporation.
Section I0. Since the bonds are being iss;:ed on a parity of security
wi.Th the outst~~ lading 1954 Utility I3o11ds , the 1.956 Utility Bonds , the 1963
Utility Bonds, the 1967 Utility Qond s , the 1968 Utility Bonds and the 1971 Utility
Bonds, -.the bonds are to have the benefit of and are to be governed by the
:~:
ord ina~ce s authorizing and directing the issuance of those bonds , includ i:ng
pa~rtxicularly Ordinance No. 526 authorizing the 1967 Utility Bonds, because Ordinance
No. 526 deals comprehensively with all aspects of the System and its operation
E .
and with the collection, depositing, securing., investing and disbursing of System
T Z...~
revere:ues; .and with `the rights and obligations of the City and the bondholders..
. ' • ,~f~#
' >. .'
Therefore, to .this`~~nd, tha applicable rovisions of Ord in n
P a ce No. 526., ~{as
180
Page I6
amended by Ord inas~oe~s~~~l~Io. 56~ and~r564, autho~`zir"i~"`die 1968 Utility Bonds, and
Ordinance No. 699, authorizing the 1971 Utility Bonds) including without limitation,
Sections 7, 8, 9, 10, 11, 12, 13, (as hereinafter supplemented), 14, 15, 16,
~..
17 (with the bonds to be inserted so that the last part of the next to last sentence
will read" ... plus 150% of the maximum annual combined principal and interest
i
requirements in any year on all outstanding bonds of the 1954 Utility Bonds, the
1956 Utility Bonds , the 1963 Utility Bonds , the 1967 Utility Bonds , the 1968
Utility Bonds , the 19 71 Utility Bond s a nd the 19 73 Utility Bonds and the bonds of
the then proposed parity issue . ") , 18 , 19 , 2 0 , 21, 2 2 , 2 3 , 2 4 , 2 5 , 2 7 (the
re"serve shall be maintained at the required level of $252 , 000) , 28, 29 and
32 are incorporated herein by reference. i
E
Section 11. The 1967 Public Utility Bond Fund , created and being
maintained pursuant to the provisions of Section I3 of Ordinance No. .526, as
amended by Section 11 of Ordinance No. 563, shall be increased by the amount
necessary to provide for the payment of the principal of, interest nn and paying
agent's fees in connection with these bond s with the maturity schedule of these
bonds (the 1973 Utility Bonds) being a s follows: - "
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1974
~ 1975
1976
1977
1978
" - 1979
1980
` 1981
1982
1983
'1984
1985
'w
1986
1987
1988
1989
1990
1991
Page 17
INTEREST
"` ~~ ~ PRINCIPAL '` ` 'June 1 s IDe~~~~~~ber 1 TOTAL
23,800.08 23,800.08 47,600.16
23,800.08 23,800.08 J47,600.16
23,800.08 23,800.08 47,600.16
23,800.08 23,800.08 47,600.16
23,800.08 23,800.0 8 47,600.16,
23,800.08 23,800.08 4 7,600..16
23,800.08 23,800.08 47,600.16
63,575 23,800.08.. 23,800.08 111,175.16
45,000 22,409.38 22,409.38
i 89,818.76
50,000 21,425.00 .21,425.00 92,850.00
60,-000 .-20,300.00 20,300.00 100,600.00
65,000 18,950.00 18,950.00 102,900.00
-~ 65,000 17,487.50 17,487.50 .99,975.00
75,000 15,984.38 15,984.38 106,968.?6
100,000 14,250.00 14,250.00 128,500.00
150,000 11,875.00 11,875.00 173,750.00
150, 000 8, 312.50 8, 312 .-50 `~ 166, 625.00
200,000 4,750.00 4,750.00 209,500.00'
1H2
Page 1~3
Section 12., When the bonds have been executed and the seal
. ~,
of the City impressed }ias herein provided, t}~ey shall be delivered to the Trustee,
and the Trustee shall authenticate them and deliver t}1e~7i to the purchaser upon
payment in cash of the pure}za se price of $1 , 002 , 975 plus accrued interest from
.~.
December 1, ].973 to the date of delivery called "total sale proceeds") . The Trustee
shall handle the total sale proceeds as follows:
(1) The Trustee shall deposit the amount of the accrued interest in
the Bond Fund .
t2) The Trustee shall pay expenses of the sale and issuance of the
bonds as directed by a letter of delivery instructions signed by the Mayor and
delivered to the Trustee .
(3) The Trustee shall deposit the. remainder of the total sale proceeds
in a special account in the name of the City designated "1.973 Public Utility
Construction Fund" (called "Construction Fund"} which shall be established -
and maintained in a depository designated by the City and holding membership
in the Federal Deposit insurance Corporation. The moneys in the Construction
Fund i~Z excess of the. amount i:~sured by the Federal Deposit insurance Corporation
s
shall be continuously secured by bonds or other direct or fully guaranteed obligations
. _;
of the United States of America, except that any moneys invested as hereinafter
_.~
._- --
authorized need not be so secured. The moneys in.. ~.e Construction Fund shall.
be disbursed solely in .payment of the costs of accomplishing the improvements,
ayi.ng necessary expenses incidental thereto and paying expenses of issuing 3
p
the bonds not paid by the purchaser. Disbursements shall be on the basis of
checks or requisitions which s}gall contain at least the following information:
the erson to whom payment is being made; the amount of the payment; and the
p
purpose of general classification of the payment. Each check or requisition
must be si ned by the individual occupying the top managerial position of the
9
System , and in the case of a 11 items of expense over which the Engineer sha 11
183
page 19
exercise supervision (which shall include all expenses except eng}veering fees,
legal fees, and expenses pertaining to the issuance of the bonds) each check or
requisition shall be accompanied by a certificate signed by the Engineer (or by
a representative thereof designated by the Engineer) certifying approval thereof.
In the case of requisitions, the depository shall issue its check upon the Construction
Fund payable to the person, firm or corporation designated in the requisition.
The depository of the Construction Fund shall be required to keep records as to
all payments made on the basis of reouisitions, and the West Memphis Utility
Commission shall keep records of all payments made on the basis of checks,
When the improvements have been completed and all required expenses.
paid and expenditures made from the Construction Fund for and in connection with
the .accomplishment of the improvements and the financing thereof, this fact shall
be evidenced by a certificate signed by the person occupying the top managerical
position of the System and by the Engineer, which certificate shall state, among
other things, the date of the completion and that all obligations payable from
the Construction Fund have been discharged . A copy of the certificate shall be
filed with tie depository of the Construction Fund , and upon receipt thereof the
depository of the Construction Fund shall transfer any remaining balance in the
- Construction Fund to the Bond Fund .
Moneys held in the Construction may be invested indirect or fully guaranteed
obligations of the United States, which mature or are subject to redemption at
the option of the holder thereof prior to the time or times moneys will be needed
for the accomplishment of the improvements.
Section 13 . The Mayor is hereby d irected to publish for one insertion in
which is hereby found
and declared to be a newspaper published in the City and of general circulation
therein, this Ordinance , to which sha lI be a ttached a Notice signed by him in
_. substantially the following form:
IS4
~~:
NOTICE
Notice is hereby given that the City Council of the City of West
.Memphis, Arkansas, had adopted the ordinance hereinafter set out; that the
~,
City contemplates the issuance of the Public Utility Revenue Bonds described
in the ordinance; that any person interested may appear before the Council ~~'
on the day of , 1974 , at o'clock , m. ,
at the usual meeting place of the .Council held in the City and present protests.
At such hearing all objections and ~~s~rggestions w=ill be heard , and the Council
will take such action a s is deemed proper ix~>~ the premi`~~ ~ . ~ -
y i
DATED this day of 1974.
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Mayor
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Page 21
Section 14. The Trustee of the bonds issued hereunder shall be The
Farmers and Merchants Bank, Stuttgart, Arkansas. The Trustee shall only be res-
ponsi.ble for the exercise of good faith and reasonable prudence in the execution
i .i.
of its trust. The recitals 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 fihen p~utstanding and shall have- been. offered reasonable
security and indemnity against the casts, expenses and liabilities to be incurred
the-rein or thereby. The Trustee may resign at any time by ten (lp} days notice
in writing to the City Clerk and the majority in principal amount of the holders
of the outstanding bonds of this issue a t 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 principal amount of the holders of
the outstand ing bonds of this issue may appoint a new Trustee , such appointment
to be evidenced by a written instrument or instruments filed with. the City Clerk.
. If the majority in principal amount of the holders of the outstanding bonds of this
issue shall .fail to fill a vacancy within thirty (30} days after the same shall.
occur, then the City shall forthwith designate a new,Trustee by a written
instrument filed in the office of the City Clerk. The original Trustee and. any
successor Trustee shall file a written acceptance and agreement 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 origina 1 Trustee . In the event of a cha nge in
the office of Trustee , the old Trustee which has resigned or been removed
sha 11 cease to be Paying Agent .
ass
Page 22
The Trustee shall be entitled to payment and/or reimbursement for
its reasonable fees for services rendered hereunder and all advances, counsel
fees and other expenses reasonably and necessarily made or incurred by the
- .~.
Trustee in and about the execution of the trusts created by this Indenture and
,~-;
in and about the exercise and performance by the Trustee of the powers .and
duties of the Trustee hereunder, and for all reasonable and necessary costs and
expenses incurred in defending any liability in the premises of any character
' whatscever (unless such liability is adjudicated to have resulted from the
,~ ,~ .,_
negligence or wil if ul d e fa u~.t of tl~e ~'ru s to e)
~_ : _. , .
Section l5. The City covenants that it will not take~any action or suffer
~~
or permit any action to be taken or condition to exist which causes or may cause
r
the interest payable on the bonds to be subject to federal income taxation. ~lVith--
out limiting the genera lity of the foregoing , the City covenants that the proceed s
of the sale of the bonds will not be used directly or indirectly in such manner as
to cause the bonds to be treated a s "arbitrage bonds" within the meaning of
Section 163 d) of the Internal Revenue Code of 1954, as amended.
Section 16. The provisions of this ordinance are 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 re_m~inder of the ordinance,
Section 17. .All ordinances and parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 18. The presently existing West Memphis Utility Commission
sha Il continue in office and sha 11 continue to have charge of and sha Ii perform
the rights , duties and obligations of the City under this Qrd finance with reference
to the accomplishment of the improvements, the operation and maintenance of
the System and the collection and handling of System revenues and shall have
and exercise with reference to the System all authority and powers granted by
the City Council and by applicable laws of the State of Arkansas.
A
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Page 23
..
Section 19 . This ordinance sha 11 not give rise to any rights and no
rights shall arise hereunder until the bonds authorized hereby are issued .
Section 20. It is hereby ascertainEd and declared that the improvements
must, be accomplished as soon as possible in order to make the System adequate
for the needs of the City and its inhabitants , without which the life , health,
., ~~ ~ ~:
safety and welfare thereof are jeopardized , and that the issuance of the bonds
and the taking of the other action authorized by this Ordinance is necessary
for the accomplishment thereof. I~ is, therefore;, .declared that an emergency
exists a rid this Ordinance being necessary f or_~he immediate pre se rva Lion of
~- ,,~~
the public peace, health and safety shall take effect and be in force from and
after its passage .
Mr. Morris Fair discussed a 90 day extension pertaining to the bonds, thereupon,
motion was made by hlderman Horton, seconded by Alderman Dickerson: That
Morris Fair be authorized to extend bonds for 90 days if can work out an agree-
ment with the Utility Commission. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton.
No : None .
Mayor Rodgers informed the Council he had received a letter from the Housing
Authority requesting the appointment of Mr. W. A. Crenshaw to replace
Mr. J. 0. Spotts, who resigned. Motion was made by Alderman Smith, seconded
by Alderman Hutcherson: Approve- appointment of Mr. W. A. Crenshaw to fill
'~ the unexpired term of Mr. J. 0. Spotts. Upon vote, the voting was as follows:
Aye: Aldermen; Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton.
'' No: None.
Alderman Dickerson brought to the Councils attention Mr. Rual Huddleston,
had received permission to retain a trailer on the Coker Service Station.
Property on~~. Broadway until September 15, 1973, however, the trailer had
not been removed and permission is requested for an additional six months due
to hardship involved and at that time the trailer will be sold or removed.
Motion was made by Alderman Dickerson, seconded by Alderman Hutcherson:
That six month permit be granted Rual Huddleston for trailer. During discussion
of the motion Alderman Payton stated complaints she had received as to trailers,
upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton.
No : None .
IS8
Mayor Rodgers informed the Council would be necessary to waive rule to
consider request for advertising for bids for street work. Motion was
made by Alderman Smith, seconded by Alderman Horton: That waive rule to
consider permission to advertise for street work and backhoe::equipment.
Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, .and Horton
No : None .
Motion wa.s made by Alderman Smith, seconded by Alderman Hutcherson: That
the Mayor be authorized to advertise for bids for asphalt and backhoe for
the Street Department. Upon vote, the voting was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
No: None.
Mayor Rodgers presented a resolution authorizing application to the Arkansas
Commission on Crime and Law Enforcement for grant funds to be used for the
acquisition of equipment for the Bomb Squad of the Police Department, and
George Craig of the Police Department and Jerry Chapple of the Fire Department
have volunteered to attend training school. The City Attorney read the
resolution. After consideration, motion was made by ~Ilderman Bentley,
seconded by Alderman Dickersons That the resolution be adapted as presented.
Upon vote, the vot3.ng was as follows:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, .Harris,
Hightower, and Horton
No: None.
The resolution read as follows:
RESOLUTION N0. ?~82
A RESOLUTION~AUTHORIZING APPLICATION TO THE ARIUINSAS COMMISSION ON CRIME AND
LAW ENFORCEMENT FOR GRANT FUNDS TO BE USED FOR THE ACQUISITION OF EQUIpI~+lENT
FOR THE WEST MEMPHIS ARKANSAS POLICE DEPARTMENT
WHEREAS, the Mayor of the City of West Memphis, Arkansas needs the authority
to make application to the Arkansas Commission on Crime and Law Enforcement
for funds to be used for the purpose of purchasing equipment for the Bomb
Squad of the West Memphis Police Department for a total purchase cost of
$15, 35l~.~, of which amount the sum of $768.00 will be provided by the City
of West Memphis, Arkansas, and the sum of $13,819.00 will be provided from
Federal Grant Funds. The state will ,provide the sum of $767.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
Z. That the Mayor of the City of West Memphis, Arkansas, be authorized to make
application to the Arkansas Commission on Crime and Law Enforcement for funds to
be used for the purpose of purchasing equipment for the Bomb Squad of the West
Memphis Police Department for a total purchase cost of $1.5,35.00 of which amount
the sum of $768.00 will be provided by the City of West Memphis, Arkansas, and
the sum of $1,819.00 will be provided from federal grant funds, and the state
will provide the sum of $767.00.
2. That this resolution shall take effect immediately.
~t~
i5~
Mayor Rodgers brought to the Council's attention a Resolution to redesignate
the Comprehensive Plan from residential to commercial. use that area along the
east side of Missouri Street between Graham Street north to Ten Mile Bayou
did not reach his office to be placed on the tentative agenda and the rule
would have to be waived in order to present. Motion was made by Alderman Bentley
seconded by Alderman Payton: That the matter be postponed for two weeks.
Upon vote, the voting was as follows:
A,ye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
No : None .
City Attorney Smith advised the Council an amendment had been prepared
for Ordinance No. 796 to be considered, and the matter had not been placed
on the agenda. Motion was made by Alderman Smith, seconded by Alderman
Hutcherson: That the rule be waived and amendment to Ordinance No. 796 be
considered. Upon vote, the voting was as follows:
A3ae: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
No : None .
Alderman Horton introduced an -~=~~~ordinance entitled: "An Ordinance To Amend
Section 5, Of Ordinance No. 796, Adoption By Reference Of The "Southern Standard
Housing Code, 1973 Edition" for the City 0f West Memphis, Arkansas" and the
City Attorney read the ordinance in full .
Alderman Hightower, seconded by Alderman Harris, moved that the rule requiring
the reading of an ordinance 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: Hutcherson, Payton, Smith, Bentley, ~i.ckerson, Harris,
Hightower, and Horton
No: 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
was carried and the rule suspended. The ordinance was then read the second
time by the City Attorney.
Alderman Bentley, seconded by Alderman Payton 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 roll being called the following voted:
Aye: Aldermen: Hutcherson, Payton, Smith, .Bentley, Dickerson, Harris,
Hightower, and Horton
No : 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 was
carried and the rule suspended. The ordinance was then read the third time by
the City ~ittorney.
Alderman Smith, seconded by Alderman Hutcherson, 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: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
No : None .
Alderman Dickerson, seconded by Alderman Horton, moved that Section 1, the
emergency clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Hutcherson, Payton, Smith, Bentley, Dickerson, Harris,
Hightower, and Horton
No: None.
190
The Mayor thereupon declared the ordinnance and the emergency clause adopted
and signed the ordinance, which was attested by the City Clerk and impressed
with the seal of the City. The ordinance was given No. 800. The ordinance
read as follows:
ORDINANCE N0. 800
AN ORDINANCE TO AMEND SECTION 5, OF ORDINANCE N0. 796, ADOPTION BY REFERENCE
OF THE "SOUTHERN STANDARD HOUSING CODE, 1973 EDITION" FOR THE CITY OF WEST
MEMPHIS, ARKANSAS.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
Section 1. Section 5 of Ordinance No. ?96 is hereby amended to read as
follows:
"Section 5. Emergency Clause. It being found and determined by the City
..~_._
Council of the City of West Memphis, Arkansas that there is an immediate
need for adopting a Code, namely, the "Southern Standard Housing Code,
1973 Edition", for the City of West Memphis, Arkansas, en emergency is
hereby declared to exist and this ordinance shall be 3.n full force and
effect from and after its passage and approval.
~~
Alderman Horton inquired as to status of ordinance requiring bonds from
contractors duaing work when an emergency sitation exists. After discussion,
Mayor Rodgers appointed a committee of Aldermen Horton, Mr. Robert Jontz,
City Attorney Smith, and Building Inspector Avery to study the feasibility
of the matter.
Alderman Harris inquiring as to appropriation of funds for demolishing houses,
and was informed information is being obtained for bids.
Alderman Payton requested information on procedure of the Police Department in
the matter of refrigerators brought to the Council's attention previously. The
Mayor advised the Police Department has been checking and a number of refrigerators
disposed of and others doors removed. A recheck is to be made and if action not
taken by owners legal action will be taken.
Alderman Bentley inquired as to erection of yield-right-away signs instead of
stop signs, and discussed matter with City engineer Brawley.
There being no farther business, the Council adjourned.
~'
c i.FRK
a~-~
YOR
APPROVED MARCH 21, 197,
MINUTES OF A REGtTLAR MEETIItiTG nF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS, HELD ~JN THE 21ST DAY OF MARCH, 197.
The City Council of the City of West N!emphis, Arkansas, met in regular
session at its regular meeting place ira. West Memphis, Arkansas at
~_:30 0' clock p.m ., on the 21st day of March, 197~t. The following were
present: Mayor Tilden Rodgers; City Attorney Robert Smith; and
Aldermen: Ann Payton, M. P. Scott, B. G. ~nith~ R. T. Bentley,
Thomas D~.ckerson, D. M. Grimslev, W, L. Harris, J. E. Hightower,
Pritchard Horton, and C. D. Hutcherson.
Absent : 'done .
The following proceedings were had to-wi.t:
Mayor Rodgers announced the first order of business would be opening of
bids for Civic Auditorium in accordance with Notice published in the
Evening Times on March 6, 13, and 20th. Mr. Pat Magruder of Magruder-
Froning, Architects, read the following bids:
Base Bid
W & W Construction Co.
Memphis, Tenn. $.1,161,000 Alternates: 1 $9,500
2 -
3 61,000
!t 2l, 000
5 85,500
6 12,000
7 11,500
8 2,l~00
9 11,500
10 2,700
11 900
12 200
1.3 2, 700
1.t~ 1, 900
15 7,500
16 8,200
17 1.3, 000
Heath & Scarbrough
Construction Co.
West Memphis, Ark. $1,170,000 1 X58,000
2 -
3 57,000
!~ 11, 899
5 78,t~o5
6 30,132
7 11,000
8 3,207
9 31, 920
10 2,627
11 780
12 700
13 2,700
1!~ 1, 850
15 7,600
16 8,700
17 12,000
365 Days
James H, Taylor & Sons
Crawfordsville, Ark. $1,1lt9, 8l~8 1 $5? , 355 -8 j6
2 -
3 58,830
~ 20,670
5 77,991
6 26,096
7 lo, 708
8 3,358
9 20,l~2~
10 2,627
11 632
1~ 196 15 - $9,15
13 2, 692 16 - 8,t~22
11t 1,821 17 - 9,x.00
;360 Days
The bids beag in excess of funds allocated for the Civic Auditorium, motion was
made by Alderman Grimsley and seconded: That the bids be taken under advisement.
Upon vote, the voting was as follows:
Aye: Aldermen: Payton, 'Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No : None .
Minutes of Meeting on March ?, 19?!~, were approved as read.
Mayor Rodgers reported the bid of Tom Gibson Ford, Inc. for the Electric Inspector's
car was accepted..
The Mayor presented. Certificate of Appointment to Mr. W. A. Crenshaw, who was
appointed to the Housing Authority on March 7th.
An ordinance entitled "An Ordinance To Amend Section IV Of Ordinance No. 260,
Establishing Fees For Gas Installation" read the first time on February Zlst,
and the second reading on March ?tai was presented for third reading by Alderman
Dickerson. Gi~:~~torney Smith read the ordinance. Alderman Bentley, seconded
by Alderman Dickerson, 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: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and .Hutcherson
No : None . -
The Mayor thereupon declared the ordinance adopted and signed the ordinance,
which was attested by the City Clerk and impressed with the seal of the City.
- The ordinance was g~ren No. 801., and read as lows:
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An ordinance entitled "An Ordinance To Regulate Fees Charged For Building
Permits And Inspections Within The Corporate Limits Of The City Of West
.Memphis, Arkansas" read the first time on February 21st, and the second
reading on March ?th was presented for third reading by Alderman Hutcherson.
City Attorney Smith .read the ordinance. Alderman Scott, seconded by
Alderman Hutcherson 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: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No : None .
The Mayor thereupon declared the ordinance adopted and signed the ordinance,
which was attested by the City Clerk and impressed with the seal of the City.
The ordinance was given No. 802, and read as follows:
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An ordinance entiBed ~~An Ordinance To Amend Ordinance 101 Of The City Of
West Memphis, Arkansas" read the first time on February Zlst, the second
time on March 7th was presented for third reading. City Attorney Sm~nth
read the ordinance. Alderman Smith, seconded by Alderman Bentley, moved
that the ordinance be adopted. Adoption of the ordinance was discussed
with Mr. Arthur Goe, President of~West Memphis Electrical Association.
Thereupon, the ~}uestion was put by the Mayor on the adoption of the
motion and the roll being called, the following voted:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
No : None .
The Mayor thereupon declared the ordinance .adopted and signed the
ordinance, which was attested by the City Clerk and impressed with the
seal of the City. The ordinance was given No . X03, and read as follows
,~
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A resolution to redesignate the Oomprehensive Plan from Residential To
Commercial the east side of Missouri 'Street from Graham Street north to
Ten Mile Bayou postponed from March 7th was presented. City Attorney Smith
read the resolution. T~i~~.:its. of the area to be redesignated was brought
to the Council's attention, and the matter postponed until the next Council
Meeting .
'the City's Audited Financial Statements as of December jl, 197j, were
distributed to the Council. City Treasurer Fred Owen and Certified Public
Accountants Wilkerson & Skinner were present. After discussion, motion
was made by Alderman Scott, seconded by ~~lderman Dickerson: That the
197.E City Audits be accepted as presented. Upon vote, the voting was as
follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower; Horton, and Hutcherson
No: None.
Statement of Wilkerson & Skinner in the amount of $l~,250.00 for the 197
Audit was presented. Motion was made by Alderman S:nith, seconded by
Alderman Grimsley: That statement of $~.t,250.00 be approved. Upon vote,
the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No : None .
Mayor Rodgers announced appointments to the Electric, Plumbing, and Gas
Boards for one year as follows:
Electric Board: Bill Egbert
C. L. Griffin
Arthur Goe
Pat Johnson
Motion by Alderman Bentley, seconded by Alderman Dickerson: That appointments
to the Electric Examining Board be approved. Upon vote, the voting was as
follows:
A:ye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No: None.
Plumbing Board: I. M. Hanna
Bill Manning
Calvin Avery
Ray Ware
Motion by Alderman Scott, seconded by Alderman Smith: That appointments to
the Plumbing Examining Board be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No : None .
Gas Board: I. M. Hanna
Don Mooney
Harry Lesco
Calvin Avery
Motion by Alderman Smith, seconded by Alderman Hutcherson: That appointments
to the Gas Examining Board be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
Igo : None .
The Mayor brought to the Council's attention recommendation of the Planning
Commission as to the reappointment of Willie Bruce, and after consideration
motion was made by Alderman Horton, seconded by Alderman Grimsley: That
Willie Bruce be appointed to the Planning Commission. Upon vote, the voting
was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley, Harris,
Hightower, Horton, and Hutcherson
No : None .
yygg F,
The Mayor nominated A. K. Minter as a member of the Port Commission due
to his term expiring. After consideration, motion was made by Alderman
Smith, seconded by Alderman Scott: That ~. K. Minter's appointment to
the Port Commission be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
No: None.
Mayor Rodgers informed the Council recommendations of the City Beautiful
Commission for appointment of Mrs. Tom Glasz, N. Roselawn-Ward 3, and
Mrs. Charles Robbins, Burns Street-Ward ~, were ~n~i~~~. on March 21st,
therefore, were not on the agenda. Motion was made by Alderman Scott,
seconded by Alderman Hutcherson: That waive the rule and the appointments
be considered. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
No: None.
Motion was made by Alderman Scott, seconded by Alderman Smith: That
Mrs. Tom Glasz and Mrs. Charles Robbins be appointed members of the
City Beautiful Commission. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
No : None .
Mayor Rodgers introduced James A. Buttry of Smith, Williams, Friday,
Ledredge & Clark, Attorneys At Law, Little Rock, who informed the Council
Temple Gypsum, Inc., a subsidiary of Temple Industries, Inc., had issued
Industr3 al 1'3eevelopment Revenue Bonds in 171. under Act No. 9 and now
desires to refund the outstanding bonds. Merger of Temple Gypsum into
Temple Industries, Lease and Agreement, Trust Indenture, refunding of
bonds at a lower rate of interest, no financial obligation of the City,
and remuneration to the City in lieu of taxes were discussed. Thereupon,
motion. was made by Alderman Bentley, seconded by Alderman Scott: That
documents not be executed until agreement in lieu of taxes is completed
by the City and Temple Industries, Inc. Upon vote, the voting was as
follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
No : None .
The Mayor stated that consideration should be given to an ordinance
authorizing the issuance of industrial development revenue bonds for the
purpose of refunding the outstanding 1971 bonds, authorizing the Lease
Agreement and Trust Indenture. This was a matter with which the Counca_1
was familiar and after a discussion, Alderman Grimsley introduced an
ordinance entitled: "An Ordinance Authorizing The ?ssuance Of Industrial
Development Revenue Refunding Bonds For The Purpose Of Refunding The Out-
standing-City Of West Memphis, Arkansas Industrial. Development Revenue Bonds,
Temple Gypsum Project, Series A; A3.zthorizing A Lease And Agreement And A
Trust Indenture; Prescrib_ng Other Matters Pertaining Thereto; And Declaring
An Emergency~~ and the City Attorney read the ordinance in full.
J~ '
Alderman Horton, seconded by Alderman. Hightower, moved that the rule
requi. ring 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
dye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
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 was carried and the rule suspended. The ordinance was then read by
the City Attorney.
Alderman Harris, seconded by Alderman Scott then moved that the rule
requiring the reading of ari 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 roll being
called the following voted
Aye: A~.dermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
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 was carried and the rule suspended. The ordinance was then
read by the City Attorney.
Alderman Bentley, seconded by Alderman Payton, 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: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
and the following voted
Nay : None .
Alderman Smith, seconded by Alderman Hutcherson, moved that Section 8,
the emergency clause, be adopted, and on roll call the following voted
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson
and the following voted
Nay : None .
The Mayor thereupon declared the ordinance and the emergency clause
adopted and signed the ordinance, which was attested by the City Clerk
and impressed with the seal of the City. The ordinance was given No.
80l~ .
The ordinance read as follows:
ORDINANCE NO. 80l~
AN ORDII~TANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING BONDS FOR THE PURPOSE
. OF REFUNDING THE OUTSTANDING CITY OF WEST MEMPHIS,
'j ARKANSAS INDUSTRIAL DEVELOPMENT REVENUE BONDS,
~'w TEMPLE GYPSUM PROJECT, SERIES A; AUTHORIZING A LE.~SE
AND AGREEMENT AND A TRUST INDENTURE; PRESCRIBING
OTHER MATTERS PERTAINING THERETO; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of West Memphis, Arkansas (the "City"} is
authorized by Act No. 9 of the First Extraordinary Session of the Sixty-Second
General Assembly of the .State of Arkansas, approved January 21_, 196.0, as _
amended ("Act No. 9"} , to acquire lands, construct and equip manufacturing
buildings, improvements and facilities and to incur other costs and expenses
and make other expenditures for the securing and developing of industry and to
issue Industrial Development .Revenue Bondj payable from revenues derived from
the Industrial Project so acquired, constructed and equipped and secured by a lien
and security interest; and
WHEREAS, the necessary arrangements were made with Temple Gypsum,
Inc. , an Arkansas corporation ("Gypsum "),.fora substantial industrial project
consisting of lands, buildings, improvements, machinery, equipment and
• facilities for an industrial plant to be utilized for the manufacturing of such
produets~ a s Gypsum shall elect to manufacture (the "Project "}. and, -
WHEREAS, the City has undertaken the furnishing of permanent financing
of the Project costs and the expenses of authorizing and issuing bond.5 by the
issuance of Industrial Development Revenue Bonds under Act No. 9, (the "bonds") ,
pursuant to the authorization of its electors at a special election called and held
under Act No. 9; and
~; ~znd
WHF}~L'AS, the electors authorized the issuance of not to exceed
$5 , 000, 000 in principal amount and the City issued $4 , 200, 000. in principal
arr~ount,~ dated February 1 S , 1 J 71, and do signated Series A; and
a
and Trust Company, Baton Rouge, Louisiana, as Trustee, dated as of February 15,
1971, securing the bonds, which is recorded in the office of the Circuit'
Clerk and Ex--Officio Recorded of Crittenden County, Ar~:ansas at Book 444 , Page
- ~ "
677 (the "1971-indenture"); and
WHEREAS, at the time of the delivery of the Series A Bonds the City
and Gypsum..~xecuted a Lea se and Agreement covering .the leased premises ,
dated a s of February 15 , 1971, and recorded in the office of the Circuit Clerk
and Ex-0fficio Recorder of Crittenden County,. Arkansas at Book 444, Page 609
(the ".1971 Lease Agreement"}; and
WHEREAS , Gypsum wa s a subs idiary of Temple industries , Inc . , a Texa s
corporation ("Temple ") and Temple guaranteed performance by the Lessee' of its.
obligations under the 1971 Lease Agreement by executing a Guaranty Agreement
(the "1971 Temple Guaranty-Agreement"); and
WHEREAS, Gypsum has heretofore merged into Temple and Temple has become
the Lessee under the 1971 Lease Agreement; and
WHEREAS, conditions have, developed whereby a substantial savings can be
realized by the issuance of refunding bonds under and as authorized by Act No.
9 at lower rates of interest than the rates borne by the. Series A Bonds issued
ir4 1971, ~r~hich will be in the best interasts of the City and"Temple and in
furtherance of the public purposes (obtaining , and insuring the ~ continuance ,
of maximum employment .and payrolls in the economy of the area served by the
City and its inhabitants) intended to be accomplished by Act No. 9; and
WHEREAS, in connection with the issuance of the refunding bonds it is
necessary that there be executed a new Lease Agreement adjusting the basic
rent and making other changes to accomodate to the refunding bonds, and a
new Trust Indenture securing the refunding bonds which, respectively, will
replace and supersede the 1971 Lease Agreement and the 1971 Trust Indenture;
.:
Section I . That there be, and there is hereby, authorized and
directed the following:
(a) The refunding of the City of West Memphis , Arkansas
Industrial Development Revenue Bonds , Temple Gypsum
Project, Series A, dated February 1 S, 1971 , with the
refunding to be accomplished in accordance with the
provisions of Section 602 of the Trust Indenture herein-
.. after authorized.
(b) The issuance of City of West Memphis , Arkansas
Industrial Development Revenue Refunding Bonds , Temple
~:
Project (1974 Series) dated February 15 , 1974 (the - .
"I974 Bonds") in the principal amount of $3 , 850 , 000
described in detail in Section X02 of the Trus t Indenture
hereinafter authorized.
(c) The sale of the 1974 Bonds to Rauscher Pierce Securities
Corporation, Dallas , Texas . In this .regard, the Mayor and
the City Clerk are authorized to execute a Bond Purchase
Contract covering the sale of the 19 74 Bonds .
Section 2. That to prescribe the terms and conditions upon which
the 1974 Bonds (and any additional bonds subsequently issued and secured by the
Indenture) are to be secured, executed, authenticated, accepted and held, the
lviayor is hereby authorized and directed to execute and acknowledge a Trust
Indenture {the "Indenture"), and the City Clerk is hereby authorized and directed
to execute and acknowledge the Indenture and to affix the seal of the City thereto,
and the Mayor and the City Clerk are hereby authorized and directed to cause
the Indenture to be accepted, executed and acknowledged by the Trustee . The
Indenture, which constitutes and is hereby made a part of this Ordinance, shall
be in substantially the following form, to-wit:
Section 3, That the Mayor and the City Clerk, for and on behalf
of the City , be , and they are hereby , authorized and directed to execute and ack-
notr~ledge a Lease and Igreement (the "Lease Agreement") between the City as
Lessor and Temple as Lessee. The Lease Agreement, which constitutes and is
hereby made a part of this Ordinance , shall be in substantially the following
form to-wit:
~,.w._.~_~._.
8
Section 4. That the Mayor and City Clerk, or either of them, for and
on behalf of the City, be, and they are hereby, authorized and directed to do any
and all things necessary to effect the execution of the Indenture, its execution
and acceptance by the Trustee, the performance of all .obligations of the City
under and pursuant to the Indenture , the execution and delivery of the 1974 Bonds ,
the execution and delivery of~ an Official Statement or Offering Circular, if necessary
or desirable in connection with the sale of the.1974 Bonds , the execution of the Lease
Agreement and its execution by Temple, and the performance of all acts of what-
ever nature necessary to effect and carry out the authority conferred by the
Indenture , the Lease Agreement and this Ordinance . That the Mayor and the
City Clerk be, and they are hereby, further authorized and directed, for and on
behalf of the City, to execute all papers , documents , certificates and other
instruments that may be required for the carrying of such authority or to evidence
the exercise thereof. -
Section 5. That the Mayor and City Clerk for and on behalf of the
City, be and they are hereby authorized and directed to take all action, and execute
and file all documents, necessary to perfect an election to proceed under
' Section 103 {c} (6) {D} of the Internal Revenue Code of 19 54 , a s amended, to the
end of insuring that interest on the 1974 Bonds is exempt from Federal income
taxes .
Section 6 . That the provisi~. s of this Ordinance are hereby declared
to be' severable, and if any section, phrase or provisions 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. .That all ordinances, resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 8 . That .there is hereby found and declared to be an immediate
need for the securing and developing of industry in order to provide and assure the
continuance of employment and payrolls, alleviate unemployment and otherwise
__._. _ -
19
benefit the public health, safety and welfare of the City and the
inhabitants thereof, and the issuance of the bonds authorized hereby
and the taking of the other action authorized hereby are immediately
necessary for the accomplishing of these public benefits and purposes.
It is, therefore, declared that an emergency exists and this Ordinance
being necessary for the immediate preservs.tion of the public health,
safety and welfare shall be in force and effect im.*nediately upon and
after its passage.
A resolution adopting A Systematic Housing Code Compliance Program was
introduced by Alderman Scott. Mr, Roy Rachie of Manes & Associates, Consultants
conducting Management Assistance Program for the City, elaborated on
the resolution. Thereupon, motion by Alderman Harris, seconded by
Alderman Hutcherson: That the resolution adopting the Program be adopted
as read. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson,
and the following voted
Nay: None.
The resolution read as follows:
Resolution No. l~83
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS
ADOPTING A SYSTEMATIC HOUSING CODE COMPLIANCE PROGRAM
WHEREAS, the City of West Memphis, Arkansas, through its Management
Assistance Program, has completed studies relative to existing housing
and environmental conditions within the corporate limits of the City; and
WHEREAS the results of these studies have been incorporated in a report
titled, "Systematic Housing Code Compliance Program", a mimeographed
document dated March, 197L~, consisting of narrative text, charts,
recommended guideforms, and one (1) map exhibit (hereinafter called the
"Program"); and
WHEREAS the Program was carefully reviewed and considered at this meeting
of the City Council..
NOW, THEREFORE, BE IT RESOLjTED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
1. That the Program gives consideration to the problems of those
neighborhoods that are suffering from blighting environmental influences
and/or badly dilapidated housing.
2. That the Program is of sufficient scope and content to form the basis
for further implement3.ng housing work program activities of the City of
West Memphis, Arkansas.
3. That the Program be and is hereby adopted as the official guide for
effectuating the enforcement of the City's adopted Southern Standard
Housing Code.
V~
Mayor Rodgers informed the Council request for additional amount for
mosquito spraying had been requested, therefore, bids will have to be
received. Motion was made by Alderman. Bentley, seconded by Alderman
Grimsley: Authorized the Mayor to advertise for bids for the
mosquito spraying program. Upon vote, the voting was as follows:
Aye: Aldermen: Payton, Scott, Smith, Bentley, Dickerson, Grimsley,
Harris, Hightower, Horton, and Hutcherson.
Nay: None.
The Mayor announced the Police Department is issuing Court citations
for owners of refrigerators or ice boxes with snaplocks unattended.
Alderman Hightower brought to Council's attention offensive odor
caused by waste oil from Gurley Oil Company. After discussion,
City Attorney Smith stated he would contact State Pollution Authorities.
Alderman Scott inquiried as to financial reports requested from organizations
receiving assistance from the City, and requested letters be written to the
organizations.
Alderman Payton inquired as to operation of the street sweeper working east
of 13th street due to complaint of merchants in that area. City Engineer
Brawley stated due to no curbs and gutters in that area difficult to use the
street sweeper.
Alderman Smith requested study for traffic signal control at Shoppingway
and Missouri .
City Attorney Smith reported received information the City of Little Rock
had repealed their "Blue Law" pertaining to Sunday closings.
There being no further business, the Council adjourned.
ATT
__ _ _ ... ~ CIT RK
APPRQVED : APRIL ~t , 1974
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MAI'OR