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July 18, 1974#`~ .. ,~ MINUTES OF COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON JULY 18, 197. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m., on the 18th day of July, 197. The following were present: Mayor Tilden Rodgers; City Attorney Robert Smith, and Aldermen J. E. Hightower, Pritchard Horton, C. D. Hutcherson, Ann Payton, R. T. Bentley, Thomas Dickerson, and W. L. Harris. Absent: Aldermen: M. P. Scott, B. G. Smith, and D. M. Grimsley. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on June 20, 1971, were approved as read. Mayor Rodgers presented certificate of A~~o3nam~ri-~~- to Mr. Roy Strong, who was reappointed to the Airport Commission. Alderman Payton announced Lt. Jim Bullard of the Memphis Police Department w:i.ll.present demonstrations in self defense for women at the Eugene Woods Civic Center 10:00 a.m. August 12th, 7:00 p.m. August 13th, ~:00 p.m. August 11.~th, 7:00 p.m. August 15th, and Friday August 16th at ~ p.m. Mr. Henry Hancock, Attorney for West Memphis Gablevision Corp. and Mr. John Labecke, Manager in Memphis for the Corporation, which is a subsidiary of Tele-Communications, Inc. of Denver summarized previous action of the Corporation, and plans for the work in West Memphis to commence approximately in May of 1975 when Phase 2 is started in Memphis and will be completed in October, 1975. Additonal charnels, emergency system, and financial problems were discussed. Alderman Bentley, Chairman of the Committee for obtaining a computer, advised of meetings, and plans for bids. Mayor Rodgers announced bids had not been received for various repairs`"'at L. R. Jackson Community Center as advertised in the Evening Times on July 1st and 8th, however, the various items were under $1,000 and arrangements can. be made to take care of . An ordinance entitled "An Ordinance Vacating Unnamed Street Bounded On The West By Lot 1 In Block 3 And-On The East By Lot ~`"In Block 2 Of Worthington Park Addition To The City Of West Memphis, Arkansas~~ read the first t~_me ~n June 6th, second time on June 20th was read the third time by City Attorney ~i.th. Alderman Bentley, 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: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris 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. 808, and read as follows: i`4p~ ~. ORDINANCE N0. 808 AN ORDINANCE VACATING UNNAMED STREET BOUNDED ON THE WEST BY LOT l IN BLOCK 3 AND ON THE EAST BY LOT 11t IN BLOCK 2 OF WORTHINGTON PARK ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on April 29, 19?!~, asking the City Council to vacate and abandon the unnamed street bounded on the west by Lot 1 in Block 3 and on the east by Lot 1l.~ in Block 2 of Worthington Park Addition to the City of West Memphis, Arkansas. WHEREAS, after due notices as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the unnamed street hereinbefore described has heretofore been dedicated to the public's use as street herein described; has not been actually used by the public generally for a period for at least five years subsequent to the filing of the plat; that all the owners of the property abutting upon the unnamed street to be vacated have filed with the council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section I. The City of West Memphis hereby releases, vacates and abandons all its right, together with the rights of the public generally, in and to that unnamed street designated as follows: The unnamed street bounded on the west by Lot 1 in Block 3 and on the east by Lot 1!~ in Block 2 of Worthington Park Addition to the City of West Memphis, Arkansas, subject to easement in favor of City of West Memphis for drainage purposes down said street. Section II. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas, at Marion and recorded in the deed records of said county at Marion. SECTION III. This ordinance shall take effect and be in force from and after its passage. Mayor Rodgers announced letter had been received from Urban Renewal Agency requesting appointment of William H. Lendermon to the Agency. Motion by Alderman Bentley, seconded by Alderman H~~tcherson: That the appointment of William H. Lendermon be approved. During discussion .Alderman Horton requested consideration be given for the next appointment to be from the eastern section of t'-.e city 'Tpon vote, ,he voting was as follows Aye: Aldermen: Hi~*htower, ~'orton, Hutcherson, Payton, Bentley, Dickerson, and Harris No: None. The Mayor appointed the following to serve on Steering Committee for the new Neighborhood Facilities to service activities of health and welfare: Jay Woods, Mayor's Administrative Assistant Chairman and Dr. M. D, Deneke, Mrs. Roberta Jackson, Clyde Wilhoite, Mrs. Melba Carpenter, Mrs. Willie Mae Rowe, and Mrs. Arthur Graham. Mrs. Gilbert D; Jay ICI, Chairman of the City's Bioentenh;al C~~~ittee, M'rs. C. Herbert Taylor, Mrs. Thomas Sims, and Mr. Dennis Conlee members of the Committee presented the following report: Bicentennial Committee Report ~n view of the fact that federal funds are ~.vailable for ~.pproved Bicentennnial projects in Arkansas and th~.t local plans for the Bicentenni~.l celebration call for =~ t ?east one outstanding event e 3ch month during 1976, (the. funds from said events to be used tot~v~.rd the permanent Bicentennial project), the V~Test 1Vlem- ph~s Bicentennial Committee wishes to present to the west Memphis City Council :zor its cansider~.tion ~nd~aeAtection- of the folloraisng three projects: _~~'OJ eC v T. ~~ agricultur~.I and cultura} muse-: zmcigenous to this area. The committee proposes for the site of the museum. `aa present. City h alI Building as soon as ;` is tee? ted by the City offices: ~ i~Q ~evenr th~.t part of the building is t aired by she ~.t1~eSt 1VrexnphlS ?~oliGe ~e~artment, the co~im~.ttee suggests that li all the space is not needed by the police dep~rtznent there ~.ight still be space ~.va~ilable ire :._ ~. b.~_ __~r tQ .house one :nn~.~~~4~~~, ~..~ no space is ~.v~,i~~.ble tie Bicentennial wom~itte° is' open to suggestions ~°or =gin ~.iternate s~.te. Contents of the museun 1 ~~o~ald, of course, det~end upon .v~.ilable sp~.ce. Prinn~.ry con sideration v~3ill be gicre~ Vo e~~~?i'nits o= an agricul~:ur~.l n~.ture siynce ou_r p~.st, present, and zt,~re cultu~r=~~ 3rd economic environment is deter~.ired by f~.rmir~g t<ne r]c'n oj.l of the Urississippi delta. 'Ihe e~'~ibits might include farming implements Tro~n earliest d~.?s to the present tizr~e ~.nd nn.iscell~ny of ~.n antique nature usP:.T ~~ f3r?'n homes such as farnlture, cooking ~.nd sevring utensils, etc. , perk :.ps to ~rclude clothing wor n by early settlers up to modes n t3myes. SecondlyT included F-.'ould be oai~ti.r~s handicrafts, books and public:~tions of loc~.l artists and crafts?~en past and present. Possibly ~.n eutgro~,vth of cane museum ~,~ould be *r e for~i~.tior~ of _~ cha-oter of the St~.te Historical Society. T:~e ociety could be formed by representation of one memberfrom each civic club ir? Cr?_tten- denCOt::Tlty, ?n ~. .~le~b rtii1-?p ~~=ould be open to ~,7~'~i .t.~'}LSreSLed UC~'St~i1. ~_~e ~icenter~~:ial Co;~nrr~ittee realizes th~.t some reorg~.rsiz~.tion of't3~e proposed historc~-~I scciet-~ mi~~! r be feasible i:~ Ehe future. Ln the becrinning the xnuCeu~s ., r ~ would be sta~i ed by ~~ol~arze~rs from t~.e hisforical society. At t~ l~.ter d~.te trained personnel m;g~ t be employed. Funds ~.nd ~ id for the proposed •museu~l ~,oul.d co~~e from t~~e federal. grant to B:icentenni~.I projects, ~id fr. one t,L~e st.at~ ~.nd the S.L to ~-istar~.ca' Society, as well ~.s City funds. Cr~.fts classes might ce c.=~-~.~nt =~.rd ~dm~.ss~on could be ch~rc;ed to t~h.e museum. Addltior~:.I r,.~~Te1~Ge vulu ~c ~'"~?Sed from the Sale of 11a~1dicr~..ftS ar'~d art?f~CtS. (DCn.ti4I1S ~~-~~~'~;_,,~ t~ x u e^~.~crible). '?~, e museum would serve to attract tourisu~. to the area... would. rreserve oT:.~ heritage ~.nd pTavide education, inspire lion, and :~ str-,~c=ion for loc~1 residents. ~~Te feel that this is ~n 3.rea th:.t h~.s been tiy.~~'~ nee"~ected I31 t~2e mast. T~?e B?CLntenni.~l Com~~ittee ~rJOUId 11ke to i~3.GTe .. - ~ - ,L ~'? e 3"'uS e ~ On rOa~ ~.?"3. S 3.nd ?.ppropria t2 highw~.y rn~-rkerS. Project 1I -~'~. ~o i~m~rove, en. .rye, m:~int~.~n, end publicize the Esper~.n za '?'r~.il, our one 4 ~ :. ~~~~ his cos ical ~n~ nature trail. This trail was previously rese~~ rch ed ~n~~ r~' =~.r~~: ed by E~~1o_rer dos c ar~d Scout Troop 72, ~.nd citizens of Cr i LtQncLen CoL~ :~ :~~ 1907. ±~?is ~r~.il would serve as a tourist attracticr~, an`l ~. recre- '';Ong;. ~_ __ ~O prC7nC.2 he~.lth ~.nd physical fit pass, ~.~ the S~.ITIe 'time pI'CSer~?'1."_~ ~~~ :. ~~ _ .. _ _~al r er~t ~ ae _nd leading ~o an ~ ~ areness o~ conserG a~ion. }~ e,~cy~.l r.~~O .~C~Y' `~~ Blco-r;`Cni-;i~.l ~~'O~O^i 7T?~frl-,,v ~'e ~.~SECt t0 eS~~_O!1.SI1 tr3l~ Tn~.?'j'ierS Cf ~ ^~~'"~_~~e'_~t '1=..~'u.r ° end ~4r C ~lt?"o ~ Ow ,i'i1~i"1 ~3te~' 4~'~'~IC~3 ~~~O~l±d ~.~ ±t~U1 Cf1e r ~ `r=•l _0 4.e ,used year ~-mound ~....~d ~~''~".s'_..'l~ to present nnain~e.n~.rce problems s suc~~ r.~"- "~ e?'" ~ C~ i_r,e frail e1.C~'"? ~e3i . S t3te .rid lOr ~ ~ ~ld w0't~ld ~.~ O be S©ug~'t for ~..,C'~IS _i i~'~. prc~:~c'~. Tt is anticiga ted ti~at addition=~1 fu~~-ds could be obt3~ned from t_~e s3le o=~' souvenirs ?nd concessions at the iruor~±~.tion center. `I~here ~.re l~ ~'1St0?^lc?1 ~'Ol'.~`S ~lOng w'~e ~nI?T ?"°J~"'Ic:? include: L'1.di?n rno~,~'2d5, Site Of C~s1a.e?"1?~~, over? tion~, wee U~`a of ~..he sir~ina of t':~e Civil tivr~.r ste~.~.bo~.t Sultan~~., uopefeld done of the e~.r? sest to~~ns ~n tha ~ s ate), e Lc. There is ~ hikers med~ 1 ~ rld ~ hikers badge ~--~~~ ~:Ie or scouts end ~.n~one t~~l~o hikes the tr~.11. T=,uent;yT-five V3rletieS of ~~ . _ ~ _ _ tr2ew hw~re been identified ~ nd 1~.ar'xed_ and the committee suggests ~. wild *_"lourcr '~~'"~'~~'"~~"e be es~~blished throught~re ~.uspi.ces of t~~.e N~ tion~.l Council of St~.~te .~ ~. _ ~. ~~; r-~,e~ ~~. C?x~os. l~~e comrr~tte•e for_sees possibi?ities of formation of c-•-^~ e ~r~d horseba~ r?~:i..~?g trails, an inform~.tion center stiffed in tree s~.1r.~e mn~,er ~s ~.foreme_ltioned museurl, (?roject I} first with ~~olunteers, then paid v~.=y.~s.:ist3nce f -row. st~.te ~.rd n3tion~.l ~~.rk Services would be solicited. ~~ ~ .-n :, P c~ se of tr e ~.gric~altus-~al end cultural museum, the co~±mittee would eYde3~~o'?" to see th~.t t'~e ~speranz~. Trail is pl~.ced on ro~.d m~.ps ~.nd ~.ppro- ~riate highvJaJ" m?rkers. she3icenter~i~l Committee would not be ~.dverse to co~.b?ning ~.r~d/or including fro ; ec t .~~, i t'n Prod ect II. ~~J SOT ~ ~ ~ . ze l andsca~ # ne o; -t ;za new C# -~ r;ud i ~r i u:-~ gas sug~es 3 ed as a ~css # b ~ ~ # -;•~r . ,_ . c beau ~ # fY i ;~g a much used .and ~n~ ~ 3 ~ ! cs~-i-ad araa. i ~ i s ~u ~ d Ise u~ada ;n~c a ~s~ni ?at'k wig ~~oaer` beds ' a w~-~r faun~;-a#n ~t#fh a sma#~ fiis;~ p<and,~ s ; r3 ~ ~ i ca 1 # u ~ ~ aced ~nc7es and s:~ade ~'re~s . ~~oT on t ~ ~rau # d ; :i ~ s a:-~a he :sea h~ a~ ~ #n -awn and card` cs ;arrner•~ who use oc:r new audi-;or{~~, ~u-i- those wha use our Ot v# c Oe:~~-er' and ~-:os~:~ t to # . ~es# ~pr~is needs 3 soc~~ o~ heau;y and -his area wi ~ # sasra~~ e~rPntua# t~ he one o~= our r.~s7 u i ewed and used s~o~s - es~ec i a # ~ ~t ~rhsn ~##~/ yz $ # i s :-a-- oc3=ed i n the szr-t~ rr ~ e ~ n i tea. =e, ~~ 8 # ~~ i # r,c~ # a # ~^;m ~ -; :`ee v~o~r # d ~ i ~Ce ~'a teco.~ «a~~d ~'he ap~rtzt,~a ~ o~ a ~ ~ -~-:~--~e or~,~e~ -s. xs ~ ;-;~ ar- ~ ~ t ,are ~ Fedes-a # or Sate uneS, we fe~# ~ E e ~# ~t of 'v~Fs`;• ~oi~ # s and -~;~: ~eo^ ~ e of Ori # ~°znc~en t;oa.an ~^; a t-a erf ~ ~ t ed ~ a c ~ ~ we pan ho proud o~~ a ~ ?ace sa harked ~~here o;sr h ~ s-~or~f hp~an and ~ ~u # # d ~ nq -haT ~~# ~ ~ even-iK.xa! ~`l house ~e r:^tcr~en-;oes o~ 5y~cnu d;~s. After consideration, Alderman Bentley, seconded by Alderman ~'ayton moved that the City support all.. three proposed projects. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris ATo : None . Mr. Tom Coleman, Ex~~~tive Director for Urban Renewal Agency, informed the • Council the Agency/unable to .complete some of the matters pertaining to items on +1he Agenda for the Agency, and stated would present at the. .August 1st meeting. Mr . Roy H. Meade of Arkansas Lightweight Aggregate Corp . rec}uested the Council consider an ordinance calling for a Special Election for Act 9 Bond Issue. The Council was informed a public hearing will be held prior to the election and someone from a bonding company will explain an Act 9 bond issue, also an agreement had been made with the City to pay the City and the school district $~.,OOO each annually in lieu of taxes and $2,000 annually to the Coun~~t' for the first two and half million bonds issued, and when the remaining two and a half million bonds are issued another agreement will be negotiated.. The Ma~ror stated that consideration should be given to an ordinance calling a special election. This was a matter with which the Council was familiar and after a discussion, Alderman Payton introduced an ordinance entitled: "An Ordinance Calling A Special Election To Vote Upon The Question Of Issuing Bonds Under The Provisions Of Act No. 9 Of the First Extraordinary Session Of the Sixty-Second General Assembly Of The State Of Arkansas, Approved January 2l, 1960, As Amended, For The Purpose Of Furnishing The Permanent Financing Of The Cost Of Securing And Developing Industry (The Particular Industrial Project Is Described In The Ordinance}; Prescribing Other Matters Relating Thereto; And Declaring An Emergency.~~ and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Dickerson, 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 +he question on the adoption of the motion and the roll being called, the follow- ing voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris 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 by the City Attorney. Alderman Bentley, seconded by Alderman Harris, 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 adap~t~ion of the motion and the roll being called the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris 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 by the City Attorney. Alderman Hightower, seconded by Alderman Horton, moved that the ordinance be adopted. The question was put by the Ma~aor on the adoption of the motion and the roll being called, the following voted: Ave: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris No: None . Alderman Payton, seconded by Alderman Bentley, moved that Section 6, the emergency clause, be adopted, and o~. roll call the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris . No : 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. 809, and read as follows ORDII~~AI~CT I~To. Bog AI~CE CALLIT~~G A SPECI~.L F,LECTIOZ~~ TO ~~OTE vx'v~~ ;.~~L C7U~I;STIOI~T OF ISSUIT~TG EOI~DS Uiv11T;-: THE pROtTISIOI'4jS OF ACT ItiO. 9 OF TINE FII:ST EI:TFL~`,On•DIT~Ai:Y SESS%01~T OF TI-iii SI~'TY-SECO}~D GEI~E~~.r.L P.SSEi'•~iEI~Z' OF TtiE STATE OI, ARiv~.l`: SI~.S , AI'Pr:OI~~D Jt1i\~ ~T~~l;`4r 21, ].900 , AS 1'~T~~IrI1TDFD, rOR THE PURPOSE OF FU ?~jISrII]~G THE PER?I~AI\~rT~vT FI1~AI~TCII'tiv O.F THE COST OF SECURITt7G P~~TD DE~'ELOPII~G I?~: TJTJSTRY (THE t-'ARTICUI~I-~iP, T.~~ DUSTRIAL PROJECT 1S DESCRIBED IT' THE ORDII~Tt-~T~TCE}; PRESCF:IBIT~TG OTHEU BATTERS REI.ATII~G THEKi~TO; AID DEC~~RING Aiv EMERGENCY. ~rfHEhEAS, Arl;al~sas Light~NCig'nt kggregate Corporation, an Arkansas corporation ("Arkansas Light~~~eight Aggregate") , has proposed a subsfiantial ln- j dustri.al project ~~,~hic~n v~ill furnis?~ err.plo;Tr~ent ar~d payrolls and ofiherv~risc result in public benefits, .,all. in the best interest of the City of ihrest Memphis, Arkansas (the "City") and its citiLe~'?s and inhabitants; and ~trJ~HEREAS, fihe proposed industrial project zfi~~ill consist of Lands, build~- inc s , impro~reme~:is , mac~}:~nery , equiprr~°nt and facilities for an ir~dustr a l pr'o je ct tir:Tl~icl~ will be utilized i{~r t-;e manulacturing of such products 1s Arkansas Lighfi- v~xeiglzt Aggregate shall elect to manufacture (the "Project"); and V~THEREAS, i~~ order to make the necessary pre~Jisian for the pc;rmanenfi iir;ar~cing of the Project costs and the expenses of <ut~?or~ZiI?g and issuing fine bonds, the City }~ror~o~=~;s to issue riot to exceed Five: 1`.rlillion Dollars (~~,C)(30,C-C~~) in principal amount of 1~onds (the "bonds"} under t'ne provisions of Act~~o. 9 of the First Ex~.raordinary Session of the Sixty-Second General Assembly of the State of Ark~~nsas, ar~pro~-ed January 2.I, 19G0, as arr~endcd ("~-~.cfi I~To. 9„); ar~d ti~~'HERE~~~S , ti~C: purpose of this Ordsn~~ncc: ; s to submit the qu;~s ticfn or fjZC issuance Uf ~~~~ boI~d~ t0 tl~t f',~C',C~C;~.~ C> ~~1C GZty ut ~ Sj1C;'Cic~~ £;1~~Gtl.on C~~~Ed fGr that pll: pOCf:; _ ... ~. ~ _4 ~_ ~~. _2_ ~ } r,~ ~ ~,,,-~-, 1L~,C_i~J, ~ j j~n T~ ~ ., ~t,Tn ~~ ~ ~ Cilty CO~nCIl Gf ti~?.' C1LV `~:~ ~11L,,(. r 1 CI~~r, J.vL~ b~ ~ l~, _ o~: ~~:':=st I~,fo:~~lphis , Iarf:~:nsGs: SeCt'.~'1~1_, r`~~iat ~ ...I.l~.,r.~al el~.'G`L1~~1 brv, unr~ the S(1?:~e 1S hereb}r, C~.~7Lr( e + to :,le yc:: ~c i:-r the City cn tie ~ da~T of Sep ~embeY' ~ 974 ,,, cl~:ction there will be submitted tc the electors of the City the question of ;syui~~g ,_t~t to slceed ri~Te Iv;illio:? DoII_ars t$5, 0~0, 090 in pri~~cipal amount of xr,dustrial l~e~:~eloprr~ent Pevenuc fonds for the purpose of furnishing permal,ent financing of the oust of securing and. developing irldustxy {the particular project is described above,} . The bands ~~~ill be dated , uaill bear interest at the rate or rates , the interest <<aill be payable on such dates , the bonds will mature on such dafe or dates, the bonds will be subject to redemption prior to maturii}T in suci~ n~anr~er and upon such terms, and the bonds v>>ill be issued in series from time to time, all as the City Council_ shall subsequently determine and specify in the ordi nanco or ordir~ar,ces authorizing the issuance of tine bonds. Sectio~~ 2, , That the auestio~~ shall be placed on the b~~31ot for the cl~~ction in substantially the following form: ~,.' I1 '~T IS ~%c~~.~-~ cn measure by f~lacir~g an f~ ir! tl;e sguaro a,~cT~e 77~~ ~-, , S ~~-, f;~: r:i~C rt~rC' Ci~!?~°~ ~,~~ C1r 1iG:'-i~_~,. ~`{.,}}~ t,'`i~' 1:3 c1! 'IlCE'. Ui .~.;~CLi.~.trlc?1 ~_/.'~:'t~p1~rE~;1:. ~Z~~'~jE:'i:uE ~OrlC,~lS }~ y t t-1 C.' ~: i t ~; L' ~ ~r;,. E: S ~ r\ iII e ?7? ;J } i 1 ~' , ~: r'r"_ c:. ; S c:: ; iii t ~ ~ ~ c`3 g C~ I ~j C'~ d t t~ - - _~ prirrCipal a1l~Otirlt U* t~~ot tO eXCCC'd ~5, Or-~, ~ (~(t(j ~ ~ ~ L__~_____~ r:~.i\~~`~' the iSSll.~'i~Ce Of ~i~duStrial ~e~~elOjJ:'.".C?I~t }~eVEi~uC A G `'~ c t}"lC- Clt'~ ~ .~ . ', ,1 tl~C: }3onc~ ~~~,~ o:~ ~~~ est Iv~e:;~,p}-_is, T~r;~.ansa> it --- - 1 / ~ggregdle pl~inGipa~. c~111OUi~t C~1: i~Gt ~G e:~C.E:eC~ Y ~ , UQ~ , Q ~~ `[%---,---J/ It is prt?pos ec; to issue City of ~'~Test ?~,~Icrr:plsis , .~rl:a i~s:~s ("City ") jndustrial 17evelC,pme~it Rever~ue Bonuls t"nor~ds"} uncle!" Act ~`O. ~ Of t!`iC ~'].rSt i,XtrciOl-di'~~.r~T Session of tl~e Sixty-Second. Gcr.c.ral Assen7bllT cf thr~° State of ~'};ans, a~~proveC. lanunry 21, 1t;c~0, as arr+ei~~tled ~"i~cT 1\To> 9"} , in t??e ~.gg~rogate principal amount of not to e~,ceed S 5 , U00 , 000 for the purl.o5e of furnishing the perm~aient 11nC1ticing of the costs of securing and develop?nn industry. The bonds ~~-t11 be datod, wi?1 bear interest at such rate Gr rates, the interest ~1~ill be payab3e on such dates , the bonds will mature on such date or dates , the bonds ~~^7ill bE subject to reCye~;~ption prior to maturity in such rlannor and upon such terms, and the bonds c~~ill be issued in series fror~l time to time, all as tl~le City Council shall. subsequently determine and specify ip tree Orciil~ance or ordinances authorizing their issuance. The proposed industrial project ~~ ill consist of lands , buildings , improvements , macllirlery, equipmerit and facilities for an industria? pro~~~ct the "Project"} , end the proceeds of the bonds v~ill lie sutiicient to Uav Project costs a.::d exp~~,zses of issuir}c; the bonds. The Project tr,Till to o;~Y~,~ed }~y the City and v,-ill }~e lea.scti to 1!~rl~ansas Lightv,-eigl~lr ~ygrecs?te Corporation, an j=,r}.~:nsas corporation ("l~rl:ansas Light':^,~eigl~t Aggreg:.~te"} , for lease rentals sufficient to pra~ride for the payrlent of the principal. of and inte~~est a>~ the bonds . Arka~ISas Lightv~Tc.ight Aggregate is a subsidiary of General Sl-lale Products Cor~;oration, a Dclav~.-are corpo,;.-anon ("General Shale"} , and General Shale will unconditionally guarantee performance of the obligations of Ar.l.ansas I,ight~nTe~.c~ht Aggre~3Ute ul~der the Lease and I~greement< The bonds ~^:~ili not be general a}~ligations of the City }gut v47iil be special obligatio~~s paya}~1_e solaiy from Project revenues including particularly base yenta i s under the Leas: and Agrecr:.Ent ~~:'itYi Arkansas Light~vcight Aggregate referred to above, v,~hich v4Till be sp^cific- ally pledged to the payment of the principal. oz and interest on the bonds , and the bonds will. be secured by a lien on and security interest in the Project as authorized b~~ Act INTO. 9. ='-; (1 ~. S~r~tian 3. That the electio,~ shall be Held and conducted and t}ie .w.+4.++.^SAS~t~.~M:i11:JU..i 3'..y~>`-~._ f °~S•qy a_~~i'A.k-~S.^~^.~~:a ~... ~ - vote cal-avd ssed and t}ic results declared under the lave and in the rnar~r~cr provided for municipal elections, so far as the same may be applicable; and the ,~,ayc~r shall rive notice of suriz election by an advartisem.ent publis}red once a ~','~c Gt:. i:?r fC%ur COT~s C1.~t1.Vt:' vacE~: S in a ;1eVJs,U`c p4f ~1aVi ;C~ c~3 .}~O^r~. f]C~C; ClrCula~?0~1 In the City with the last publiCa:tlGn t0 be nOt I-ess tS).cn ten days prior t0 t}iE date of the ell~ctiC7~1, acid only qualified electors of t}-~e City S_nall have the ricrht to vote on the que s pion . ~'~ctio:~; f . Tlia~ tile; re suits of file elc:ctio:~ shall be proclaimed }a~T ih:~ .,~_ I~;a~~or and his proclamation shall be published one ti.I~,e in a newspaper haTti~ing a bona fide circulation in the City, v~Thich proclamation shall. advise that tlzc results as proclaimed shall be conclusive unless attacked in the courts tr~itl~.:.n thirty days after Clio date of such proclamation. Section. 5. That a copy of this Ordi.zance shall be furnished to the: ~_.;.. Cr~%te;iden CO'..l?`It~T ~~ocGr d of Election COi~I~~isS10?:Crs c0 i-~'la% t~~E'. nP.CeS ~df-y t:s~=.,~~L' officials and supplies ziiay be provided. .. Section 6. Tflat tlicre is hereby found and declared to be an i.mmecls.aie need for the securing and developing of industry in order to provide ~~ddit?.o:?G} er;ployment, increa reed payrolls, all.eviai.e uncmplo1jliient and provide other i~~encfits inc:idenial thereto, o;^,d the issuance of ~:he bonds referred to in this C~rc~i;~ance is essential to accomplishing t}iase pu}~ii.c benefits. It is, there ~r-c, dec:I tired that c n er~erc; ency e}.ist s and this Ord~.na nr.o being necessary for inimecii~te preservation of tl-ie public health, safety aid z~elfare shall br in force and effect is ;:ilcciiUtE:ly upon a~ld after its passage. PASSED : July 18 I. ~ 7 ~ . ATTEST: .~ ,- __ _ ~, Oily Gl~.r}. y- ,! APPRO~JED: '` ..F.. Y ~ . J (;lT>.L) f~;~ ~' City Attorney Smith reviewed information received from other cities on requirements for contractors to post bonds . Alderman H rton, Chairrr~an of the Committee, exp?aired necessity for Protecting ditizens in an emergency. Thereupon, the matter was held in abeyance for further study by the committee. Action on an ordinance regu~_ating Selection Sheets Operators was postponed due to the ordinance having an emergency clause. Mayor Rodgers brought to the Council's attention the Auditors had recommended Ordinance No. 515 be repealed inasmuch as the Act 9 Bond Issue for Southwest Chemical Corporation had not been executed. Alderman Horton introduced an ordinance entitled "An Ordinance To Repeal Ordinance No. 515, Entitled, "An Ordinance Submitting To The Voters Of The City Of West Memph~_s, Arkansas, The Question Whether It Will Issue Industrial Revenue Bonds In An Amount Not To ~cceed $28,500,000 For The Purpose Of Securing And Developing Industry Within Or Near The City Of West Memphis, Arkansas", Declaring'An Emergency And For Other Purposes," 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: A,ye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. 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: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. 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 Attorney. Alderman Horton, seconded by Alderman Bi:~kerson, 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: i' Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris . j No : None . Alderman Horton, seconded by Alderman Hightower, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No: 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. 810, and read as follows ~: ORDINANCE N0. 810 AN ORDINANCE TO REPEAL .ORDINANCE NO , 515, ENTITLED, "AN ORDT.,..1~TANCE SUBMITTING TO THE VOTERS OF THE CITY OF WEST MEMPHIS, ARKANSAS, THE QUESTION Tr+Tf~THER IT WILL ISSUE INDUSTRIAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $28,500,000 FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY OF WEST MEMPHIS, ARKANSAS", DECLARING AN EMERGENCY AND FOR OT~R PLTRP4SES. WHEREAS, the West Memphis City Council by Ordinance No. 515, authorized on the 5th day of January, 1967, an election to be held to determine whether to issue $28,500,(~OQ in negotiable industrial- revenue bonds under the provisions of Ac+, No. 9 of the F~.rst Extraordinary Session of *he S~_xty-Second General Assembly of the State of Arkansas for the year, 1960, as amended, and WHEREAS, an election was held on the 1.~th day of February, 1967, in the ^ity of West Memphis, Arkansas, and the elector::> of the City of West Memphis B-Arkansas, authorized a $28,500,000 issue of bonds, and WHEREAS, considerable time has elapsed since that date and nothing has been accomplished toward the execution of the bonds, THEREFORE, BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS SECTION ~: That Ordinance No. 515, authorizing an election for the Southwest Chemical Corporation to issue $28,500,000 in bonds be revealed. SECTION 2: Emergency Clause . It hav ng been determi ned b;~r the Cit~T Counc'.l Qf tre City of ~ntest Memphis, Arkansas, that the auditors of the City of West Memphis, Arkansas have determined that there is a need that this item should be cleared from the records, an emergency is hereby declared to exist and this ordinance shall be in full farce and effect from and after its passage and approval. Captain Bell of the Police Department requested Electronic Surveillance Equipment be obtained for the Police Department to be used primarily by the Detective Division, and elaberated on the use and informa+ion received from other law enforcement agencies. Mayor Rodgers advised payment of Equipment had been included in Revenue Sharing Plans. After consideration, motion by Alderman Dickerson, seconded by Alderman Hutcherson: Authorize Mayor to advertise for bids for Electronic Surveillance Equipment, bids to be received August 15, 1971. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No : None . Mayor Rodgers informed Council request for a Grant for the Police Department had been confirmed after the Agenda prepared, and requested the rule be waived to consider. Motion by Alderman Bentley, seconded by Alderman Hutcherson: That waive rule ar~d matter be considered. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No : None . Chief of Police Romines advised the Grant was for purchase of $8,091 equipment, Federal Government pay $7, 282.00, State $1~.01~ .00 and City $x.05.00 the items to be purchased that would require bids to be an automobile, radios, fingerprint ~.ppmratus. Alderman Hutcherson, seconded by Alderman Harris moved that advertise for bids for August 15, 1971. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No: None. ~~ Mayor Rodgers announced after raises were granted to members of the Fire and Police Departments on June 20th, request for salary ir,creas~l had been made for other City Employees, and it had been ascertained an increase of 15¢ ~rould be made hourly employees, which would be an additional 5¢ an hour for sanitation workers as they had received a 10¢ an hour raise, and $25.00 to $50.00 for other employees which would include Utility Commission employees. After discussion of the proposed increases, elimination of some jobs, supervision by Department heads, and overtime, the vote was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris . No : None . Recommendation of the City Beautiful Commr..ssion to appoint Mrs. Tommy Dickerson from Ward ~. was presented. After consideration, motion by Alderman Hutcherson, seconded by Alderman Bentley: That appointment of Mrs. Dickerson be confirmed. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No: None . The Aldermen from Ward 5 were requested to notify the Mayor of recommendations for appointment to the City Beautiful Commission. Mayor Rodgers advised that Bill Morris, a member of the Board of Adjustment, was moving from West Memphis, and recommended the appointment of Sid Riley. Motion by Alderman Dickerson, seconded by Alderman Horton: Appointment of Sid Rile) to the Board of Adjustment be approved. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Bentley, Dickerson, and Harris. No: None. ,~.ity Engineer Brawley reported ±he stop l.ght td be installed at N. Missouri and Shoppingway had been ordered by the Utility Commission, but would be probably three to four months before received. A group of citizens appeared to request information on plans of the Urban Renewal Agency as to completing the work on S. 13tha 1?~th, and 15th Streets, rotating funds from bank to bank, and functions of the Pack Committee . Changes in Urban Renewal Allocations, HUD guidelines for operation of Urban Renewal Agency, meeting of the Pack Committee with the City Council were discussed. Alderman Payton inquired as to completion of paving on Jackson Street. City ~n.gineer Brawley advised the City's asphalt plant will be in operation when can obtain sand. Mr. Cy Bond, Jr. discussed with the Council differences in cost participation of work on Rice Street. Mrs. Lillian Hodges announced the NACCP State Conference will be held in West Memphis on October 11th and 12th, and invited Mayor Rodgers to give the Welcome Address. There being no further business, the Council adjourned. ~~ ~~~ ~~~ MAri1R ATTEST: APPROVED: AUGUST 1, 19