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September 19, 1974~. 5 MINUTES OF COUNCIL MEETING OF THE CITY'OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON SEPTII~BER 19, 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 o'clock p.m., on the 19th day of Septa~ber, 1971. The following were present: Mayor Tilden Rodgers; City Attorney Robert Smith, and Aldermen M. P. Scott, B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, and Ann Payton Absent: None. The following proceedings were had to-wit: Minutes of Meeting on Septe~r 5, 1971, were approved as read. Mayor Rodgers presented Distinguished Service Awards to Mr. Jimmy Spotts and R. K. Bollinger, who had served on the Utility Commission. Alderman Dickerson, Chairman of the Sanitation Committe4 reported the bid of Hawkins Equipment Company for the refuse collection body of $11,795.00 had been accepted. Hudson-Rook Oldsmoi~ile was the low bidder for the trash truck and truck chassis, however, due to delivery date being ten months or longer the next bid of Chalmers Buick for the trash truck of $6,910.17 and Memphis White Trucks, Inc. of ~29,551~.55 had been accepted. The committee.recoam~ended the bids for the ~. and 6 cu yd. containers~be rejected and readertise for bids. After discussion, motion by Alderman Smith, seconded by Alderman Hutcherson: Accept Sanitation Committee report, and authorize the Mayor to readvertise for bids for Containers. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Haxris, Hightower, Horton, Hutcherson, and Payton. No : None . Alderman Hutcherson, Police Commission Chairman, reported bid of Tom Gibson Ford, Inc. had been accepted delivery to be within four to six weeks a white car ordered for the Building Inspector and a black car for the Police Department detective division. Alderman Bentley, Chairman of the City Hall Building Committee, reported recomarendation of the Committee to accept the Base Bid and Alternate ~J. of James Taylor & Sons in the amount of $356,6111..19. After discussion with Architects Magruder and Fronting, Alderman Bentley, seconded by Alderman Scott moved that accept bid of James Taylor & Sons in amount of $356,6111.19. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton and Hutcherson. No : Alderman Parton . Alderman Horton introduced an ordinance entitled E~An Ordinance To Rezone Part Of The SW~ of Section 6 and Part Of The NW~ 0f Section ?, Township 6 North, Range 9 East, More Particularly Described As Follows: Beginning At A Point In The Center Line Of Missouri Street, Said Point Being 185 Feet More Or Less From The Intersection Of The Center Lines Of Missouri Street And Dover Street; Thence East 266 Feet More Or Less To A Point; Thence Northwest 800 Feet More Or Less Tv A Point; Thence East 200 Feet More Or Less To A Point; Thence Southeast 800 Feet More Or Less To A Point; Thence East 13.5 Feet More Or Less To A Point; Thence Southeast 1210 Feet More Or Less To A Point; Thence West 656 Feet More Or Less To A Point In The Center Line Of Missouri Street; Thence North Along The Center Line Of Missouri Street 1005 Feet More Or Less To The Point Of $eo nt~ing.n The ordinance was read the first time on August 15, and the second time on September 5, 197!1, City Attorney Smith read the ordinance the third time . Alderman. Grimsley, 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton and Hutcherson, and Payton. 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. 8111. The ordinance read as follows: ORDINANCE NO. AN ORDINANCE TO RE BONE PART OF THE SW4 OF SECTION 6 AND PART OF THE NW4 OF SEC TTON 7, TOWNSHIP 6 NORTH, RANGE 9 EAST, .MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING A T A POINT IlV THE CENTER LINE OF MISSOURI STREET, SAID POINT BEING 185 FEET MORE °~ OR LESS FROM THE INTERSECTION OF THE CENTER LINES OF MISSOURI : STREET AND DOTER STREET; THENCE EAST 266 FEET MORE OR LESS TO A POIlVT; THENCE NORTHWEST 800 FEET MORE OR LESS TO A POINT; : THENCE EAST 200 FEET MORE OR LESS TO A POINT; THENCE SOUTHEAST 800 FEET MORE OR LESS TO A POINT;. THENCE EAST 13. 5 FEET MORE OR LESS TO A POINT; THENCE SOUTHEAST 1210 FEET MORE OR LESS TO A Y POINT; THENCE WEST 656 FEET MORE OR LESS TO A POINT IN THE CENTER LINE OF MISSOURI STREET; THENCE NORTH ALONG THE CENTER LINE OF MISSOURI STREET 1005 FEET MORE OR LESS TO THE POINT OF BEGINNING. 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. ? 15 the matter was heard by the City Planning Commission and no persons appearing to protest. ' the same the Planning Commission recommended that said application be grante NOW THEREFORE, BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ,ARKANSAS; SECTION I; .That the following described property, to wit; Part of the SW4 Section 6 and part of the NW4 of Section ?, Township 6 North, Range 9 East, more particularly described as follows; Beginning at a point in the center line of Missouri Street, said point being 185 feet more or less from the intersection of the center lines of Missouri Street and Dover Street; thence east 266 feet more or less to a point; thence northwest 800 feet more or less,to a point; thence east 200 feet more or less to a point; thence southeast 800 feet more or less to a point; thence east 13. 5 feet more or less to a point; thence southeast 1210 feet more or less to a point; thence west 656 feet more or less to a point in the center line of Missouri Street; thence north along the center line of Missouri Street 1005 feet more or less to the point of beginning, be and the same is hereby rezoned B-2 General Business. SECTION II; That all ordinances or parts of ordinances in conflict herewith are hereby repealed. ..Mr. P. ~I. Dacus, .owner of the property, and his attorney, Mr.. Ralph Sloan were present. ~ - . . ,- ~~; i~? Mayor Rodgers informed the Council Mr. J. G. Spradling had resigned as a member of the Board of Adjustment due to moving from the city, and appointed Mr. Bill Felty to serve the unexpired term. After discussion, Alderman Grimsley, seconded by Alderman Bentley moved the appointment of Mr. Bill Felty be approved. Upon. vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . Mayor Rodgers brought to the Councils attention managment of the municipal auditorium under construction, and Alderman Grimsley introduced an ordinance entitled "An Ordinance Creating An Auditorium Commission, Appointment Of Members And Designating Terms, Creating An Emergency And For Oder Purposes", and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Hightower, moved that the rule requiring the reading of 84n ordinance in ftiill 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. 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 Harris, seconded by Alderman Scott then moved that the role 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. 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 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . Alderman Smith, seconded by Alderman Hutcherson, moved that Section 1.l~, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . The Mayor thereupon delcared 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. 815, and read as follows: ARKANSAS: - Section 1. There is hereby created a commission for the purpose of operating and managing the Municipal. Auditorium of the City of ;- West Memphis, Arkansas, in accordance with the provisions of Sections 19-2601 through 19-2613., Arkansas Statutes. Section 2. Arkansas Statute ~ 19-2601, Creation of commission to manage auditorium in cities of first class.--Hereafter any city of the first class. that owns and operates a municipal auditorium may, by appropriate action of its City Council, create a Commission for the purpose of operating and managing said auditorium. (Acts 193, No. 355, ~ 1, p . 9~.9 . ) Section 3. Arkansas Statute ~ 19-2602. Passage or repeal of ordinance creating commission---Qualifications of commissioners.-- Any city desiring to ,avail itself of the benefits of this act (~~ 19-2601-~9-2613), may by a majority vote of the duly elected and qualified members of its City Council enact an ordinance creating an Auditorium Commission to be composed of five (5} citizens who are qualified electors of the municipality; and may be (by) an affirmative -vote of three-fourths (3/~-} of -the duly elected and .qualified members of the City Council repeal said ordinance creating such Commission. No member of such Commission created under the provisions of this act shall hold any remunerative elective office-under the Municipal, County, State or Federal Government while a member of said Auditorium Commission. However, the Mayor of any such city may be made an ex-officio member of the ;- Commission. (Acts 1939, PTO. 355, ~ 2, P• 9~-9• ) (1) Section ~-. Arkansan Statute ~ 19-2603. Appointment of commissioners--Terms--Vacancies.--Said Commissioners shall be appointed by the Mayor and confirmed by a majority vote of the duly elected anal qualified members of the City Council and shall hold office for a term of five (5) years; provided, however, that _ those Commissioners first appointed and confirmed after the passage of this act (~~ 19-2601-19-2613), shall serve for terms of one (l}, tvte ( 2) , three ( 3) , four (~- ) and five (5 } years each, to be ', designated by the Mayor and City Council, and thereafter upon the expiration of their respective terms, Commissioners appointed by r the Mayor and approved by a majority vote of the City Council, shall f a each be appointed for a term of five (5 } years. In the event o vacancy occuring on the Commission, it shall be filled by appointment by the ?~yayor, subject to the approval of a majority vote of the duly elected and qualified members of the City Council. Each Commissioner shall z"ile the oath required by law in the State of Arkansas of public officials. (Acts 1939, No• 355, ~ 3, p • 9~-9• ) Section 5.~ Arkansas Statute ~ 19-260-. Removal of commissioner. by city council. --Any Commissioner appointed by the provisions of this statute may be removed for cause upon a two-thirds (2/3) vote of the duly elected and qualified members of the City Council.. (Acts 1939, No. 355, ~ ~, A• 9~9•) Section 6. .Arkansas Statute ~ 19-2605. Duties--Hire and fire employees--May not encumber auditorium.--The Commissioners hereinunde r r appointed shall have full and complete authority to manage, operate, maintain,. and keep in a good state of repair the municipal auditorium and shall have full and complete charge of said building, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the Commissioners shall see fit and deem to be to the best interests of the City. The (2) r - .. ~ ;.. ,: :. ~,..~ rT-z .fin ~~ b~r. Commissioners shall have .the right to employ or remove managers, janitors, and other employees of whatsoever nature, kind or character and to fix, regulate and pay their salaries; it being the intention of this act (~~ 19-2601-19-2613) to vest in said Commissioners authority to operate, manage, maintain, and control said municipal auditorium and to have full and complete charge. thereof; provided, said Commissioners shall not have authority or power to sell, mortgage or encumber said auditorium unless otherwise authorized by the statutes of Arkansas. (Acts 1939, No. 355, ~ 5, p• 9~9•) Section 7. Arkansas Statute ~ 1y-2606. Purchase of supplies-- Advertising for bids.--Thy Commissioners hereunder shall have, in addita_on to other powers enumerated herein, the exclusive right and power to make purchases of all supplies, apparatus and other property and things requisite and necessary for the management and operation of the City Auditorium; and in all expenditures which may exceed $300.00 it shall be the duty of the commissioners to advertise fog bids and let the work or contract to the lowest responsible bidder, when .and if it is feasible and possible to obtain competitive bids. The Commissioners shall have no power in any case except upon advertisement and to the lowest bidders, to make any contract with any person associated in business with or related within the sixth degree of consanguinity or affinity under the civil law to any member of said Board or the Mayor or of the City Council, and every contract in which such forbidden person shall have an interest directly or indirectly shall be null and void. (Acts 1939, 1vo. 355, ~ ~, p• 9~-9• ) Section 8. Arkansas Statute ~ 19-2607. Contracts for use of building.--Said Commissioners shall have authority to enter into contracts with persons, firms, or corporation or organizations for the use of the auditorium building or parts thereof. (Acts 1839, No . 355, ~ 7, P • 9~-9 • ) (3) ,~,:. i ~ j s ',t 4 ~ i=t ~~ .. Section 9. Arkansas Statute ~ 19-2603. Rules and regulations adopted.--The Commissioners shall adopt such rules and regulations as they deem necessary and expedient for the proper operation and management of said municipal auditorium, and shall have authority to alter, change, or amend such rules and regulations at their discretion. (Acts 1939, No. 355, ~ 8, p. 9~-9•) Section 10. Arkansas Statute ~ 19-2609. Quarterly reports of receipts and disbursements--Annual audit.--The Commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office, and each three (3) months thereafter, reporting in full on the operations, including an accounting of Receipts and Disbursements, to .the Mayor and City Council and furnish such other a,nd ~"urther reports, data and information as may be requested by the Mayor or City Council. The quarterly report to the Mayor and City Council with respect to Receipts and Disbursements, shall be certified by the Commissioners as correct. The Commissioners shall further submit an annual audit of the operations of the auditorium to the Mayor and City Council. (Acts 1939, No. 355, ~ 9, p • 9~-9• ) Section 11. Arkansas Statute ~ 19-2610. Use of revenues in :auditorium fund--Bond--Commissioners reimbursed for expenses.--The Commissioners hereunder appointed shall have the authority to utilize all revenues derived from the auditorium in the operations of the auditorium. All funds derived from the use of the auditorium shall be segregated into an Auditorium Fund, which fund shall be used exclusively in the operations of the auditorium by the Commissioners, Said Commissioners shall each furnish to the City a 5,000.00 surety bond that will serve to insure the City against any misappropriation or mishandling of funds . The surety on said bond shall be a reputable surety corporation. The premium on said bonds shall be paid for from moneys in the said Auditorium Fund. .The (~) Hers sha13~ r ~ ~~~: ~. ~- .~~~~ ~~r ,~ ece.ive .rio ajar for their s e *,=A Y~ ;; ~~ ~~ ; ~: y rvic e s , r but .. , ~..~,: shall be reimbursed from the Auditorium Fund f or actual expenses incurred in the performance of their. duties. Su ch Auditorium Fund may also be expended by the Commi- ssloners, as they deem best, for the purpose of obtaining conventio ns or other attractions to meet in said auditorium. (Acts 1939, No. ~ 355, lo, p , 9~.9 , } Section 12. Arkansas Statute ~ 19-2611. A ro pp priations to make up deficits or maintain auditorium.--Upon each guar y t e rly report being made to the Mayor and City Council b y the Commissioners, the City Council may appropriate funds from the G eneral Revenue Fund of the City, or from such other funds as the Cit ma y y have available to make up any deficits or to provide such funds as ma y be necessary to carry on the operations of the said auditorium The City Council may at any time other than when said quarterl re o y p rt is filed, appropriate such funds as it deems necessary, from the General Revenue Fur1d or such other funds that the City may have availa ble, for the purpose of maintaining and operating the said auditori~ am. (Acts 1939, No. 355, ~ 11, p. 9~.g, } Section 13. Arkansas Statute ~ 19-2612. Com let p e charge vested in commissioners. --Upon the appointment of the Commissio nets as herein provided, the Mayor and City Council shall execute such instruments and enact such measures as may be necessar y to vest complete charge of said municipally owned auditorium in the Co?~zmissioners hereinunder appointed. (~:cts 1939 No. ~ ~ 355, ~ 12, p• 9 9.} Section 1~-. Em.ergency Clause. It being found and determined by .u~le City Council of the City of West Memphis, Arkansas that the creation of an Auditorium Commission is necessary for the growth and expansion of the City of West Memphis, an emergency is hereb d y eclared to exist and this Ordinance shall be in full force and effect from-and after its passage and approval. ~5) The Mayor appointed the following Auditorium Commissioners: Mr. Tony Herr Chairman 5 Year Term Mrs. R. E. Wallin CPat) ~ Year Term Mr. Jesse Cooper 3 Year Term Mrs. Jerry Si~rtland (Elaine) 2 Year Term Mr. Vernon Turk 1 Year Term Alderman Scott, seconded by Alderman Dickerson, moved that the appointments be confirmed. Upon vote, the voting was as follows: Aye: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . " `~ ~ Mr. W. L. Barbour, Jr., Commission Chairman of the Urban Renewal Agency, presented the Agency's Site Improvement Plans, and stated meetings had been held with all interested parties, PAC Committee, City Street Committee, and individuals. After discussion of the Plans with Mr. Tom Coleman, Facecutive Director and Mr. Cy Bond, Consulting Engineer, the proposed resolution was read by City Attorney Smith. Alderman Smith, seconded by Alderman Scott moved that the resolution be adopted as read. Upon vote, the vding was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No: None. The resolution read as follows: RESOLUTION NO. x.97 RESOLUTION OF CITY COUNCIL CONFIRMING URBAN RENEWAL AGENCY'S SITE Il~IPROVEMENT PLANS WHEREAS by virtue of Resolution No. X87 adopted on May 16, 197~t the City Council authorized the West Memphis Urban Renewal Agency to file with the Department of Housing and Urban Development an Amendatory Neighborhood Development Program Application seeking additional funds to carry out urban renewal activities in the NDP Area and particularly funds for paving a series of streets between Thirteenth and Fifteenth Streets; and WHEREAS the West Memphis Urban Renewal agency through negotiat3.on with the Department of Housing and Urban Development has obtained grant funds in excess ', of the amount originally requested in the application authorized by Resolution No. l~87, and has now received grant funds in an amount apparently sufficient to construct and widen several additional streets; and WHEREAS after consultation with the recognized Project Area Committee of the NDP Area the Board of Commissioners of the Urban Renewal Agency has established through appropriate action at its meeting on September 10, 19?!~ a site improvement program to be undertaken under the current annual increment of the Neighborhood Development Program; and 1+~REAS it is necessary and desirable for the City Council to concur in said program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARISANSAS 1. That the Urban Renewal Agency~s proposed site improvement program is hereby concurred in and the Urban Renewal Agency is urged to proceed with plans and specifications leading to the construction, at the earliest possible date, of the following street improvements: a. Overlay all ramps between 13th and 15th Street with asphalt. This includes the following streets: Polk, Tyler, Harrison, Van Buren, Jackson, Monroe, Madison, and Jefferson, and overlay the last block on South 12th Street. ~~ b. Overlay all approach ramps after new construction is complete on Jackson with asphalt. c. Pave one block between 1.l~th and 15th Streets on Polk. d. Pave Jackson Avenue from the San Francisco R,a.3.lroad to 15th Street. Sidewalks, curbs, and gutters are to be installed and drainage is to be completed on Jackson. e. Pave the remaining two blocks on South 15th Street; to include sidewalks, gutters, curbs, and drainage. f. Pave two blocks on Madison Avenue between 13th and 15th Streets; to include curbs, gutters, sidewalks, and drainage. g. By approval of this resolution the Council authorizes the Urban Reaewal Agency to delete from this proposal arty parts should the bids be excessive to the Rinds available . 2. This resolution shall take effect immediately. The Mayor stated that consideration should be given to an ordinance authorizing the issuance of Act 9 Bonds for Arkansas Lightweight Aggregate Corporation in accordance with election held on September 10, 197}x. This was a matter with which the Council was familiar and after a discussion, Alderman Scott introduced an ordinance entitled: ~'An Ordinance Authorizing The Issuance Of Industrial Development Revenue Bonds Under Act No. 9 Of The First Extraordinary Session Of The Sixty-second General Assembly Of The State Of Arkansas, Approved January 21, 1960, As Amended, For The Purpose Of Providing Permanent Financing Of The Cost Of Securing And Developing Industry (The Particular Industrial Project Is Described In The Ordinance); Authorizing The ~cecution And Delivery Of A Trust Indenture Securing The Bonds; The Acceptance Of A Guaranty Agreement; Authorizing And Prescribing Other Matters Pertaining To The Acquisition, Construction And Equipment Of The Industrial Project And The Financing Thereof; And Declaring An Emergency" and the City Attorney read the ordinance in full. Alderman Harris, seconded by Alderman Hightower, 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 it3 second reading. The Mayor put the question on the adoption of the motion and the roll being caked, the following voted: Aye: Aldermen: Scott,~Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton, and the following voted Nay : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted i.n 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 Horton, seconded by Alderman Grimsley 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton,~~Hutcherson, and Payton, and the following voted Nay: None. The Mayor deccared 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 Dickerson, 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton, and the following voted Nay: None. -~~J ' ~ ~ C .. V Alderman Smith, seconded by Alderman Payton, moved that Section 8, the emergency j- clause, be adopted, and on roll call the following voted: p ~ .=~, 4-, _ Aldermen: Scott,.. S~ni.th, Bentley, Dickerson, Grimsley, Harris, Hightower, - H©rton, Hutchers~, and Payton and the following voted .~.~:___ __.,_~...._:._....,~. `NaY: None . The May N ~~, +a ~ T k~ I'~sed w~~th~the signed _ al of ~ ~ ~ ~ ~ nr dad as follows se FIRST 'TRAORDINARY SESSI OF THE SIXTY-SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS , APPROVED JANUARY 2I , 1.960, AS AMENDED, FC~R THE PURPOSE OF PROVIDING PER NIA- . NENT I'I1~TANCING OF THE COST OF SECURING AND DEVELOPIh;G . ~~ INDUSTRY {THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED iN THE ORDINANCE); AUTHORIZING THE EXECUTIOI~~ AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; THE ACCEPTANCE OF A GUARANTY AGREEMEI~jT; AUTHORIZIIv'G AND PRESCRIBING OTHER MATTERS PERTAINII~rG TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE INDUSTRIAL PROJECT AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the City of Nest lvlemphis, 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, 1960, as amended ~"Act No. 9"} , to acquire, construct and equip lands, manufacturing buildings, irnprovements_.and facilities and to incur other costs and expenses and make other expenditures incidental to and for the accomplishing of the securing and developing of industry; and WHEREAS, the City is authorized by Act No. 9 to~issue industrial Development Revenue Bonds payable from revenues derived •from the Industrial Project so acquired, constructed and equipped and secured by a lien thereon and security interest therein; and WHEREAS, the necessary arrangements have been made with Arkansas Lightweight Aggregate Corporation, an Arkansas corporation ("Arkansas Lightweight Aggregate") for the acquisition and construction of manufacturing facilities which will consist of lands, buildings, improvements, machinery, equipment and facilities which will be utilized for the rr~anufacturing of such products as Arkansas Lightweight Aggregate shall elect to manufacture {the "Project") and to lease the Project to Arkansas Lightweight Aggregate pursuant to the terms of a Lease and Agreement subsequently identified herein and referred to as the "Lease Agreement"; and WHEREAS, Arkansas Lightweight Aggregate Is a subsldlary of General Sha to Products Corporation, a Delaware corporation ("Genera 1 Shale ") and enera G I Shale has agreed to unconditionally guarantee performance by Arkansas -j Lightweight Aggregate of its obligations under the Lease Agreement by an instrument identified as the "General Shale Guaranty Agreement''; and WHEREAS, permanent financing of the Project costs, necessary costs and expenditures incidental thereto and expenses of authorizing and issuing bonds, is being furnished by the City issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 in the principal amount of not to exceed Five Million Dollars ($5, 000, 000) (the "bonds") , which have been approved by the , electors of the City at a special election; and WHEREAS, the bonds are to be sold and delivered in series , with there being initially issued Series A in the principal amount, dated, bearing interest, maf:urit~y atita 5lil~je~t t0 r~GCriiption as hereinafter Sct ii~r~ h iii t he ivrvi i au~iturc authorized by this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of West Memphis , Arkansas: Section 1. That there be , and there is hereby, authorized and directed the following: ~ . (a) The sale of the Series A Bands; (b) The acquiring,- constructing and equipping of the Project, and in connection therewith, the execution of architectural, engineering, construction and other contracts or the acceptance of an assignment of any such contracts previously executed by Arkansas Lightweight Aggregate, for the acquiring, constructing and equipping of the Project; (e) The performance of all obligations of the City under the Lease Agreement pertaining to the acquiring, constructing and equipping of the Project and the performance of all obligations of the City under the contracts referred to in (b} above; and (d} The acceptance and execution and delivery of the General Shale Guaranty Agreement in substantially the form presented to the City Council. After execution and delivery a copy shall be filed in the office of the City Clerk. ~~ ,., ~ r. <. ,.. w ~. ,• ~~_.... ._.~ v Y<..,..., i '.- p.,....- _ :. ~ ~:.~.. ~. i ~ dew' ~ .. tion 2. That h~dustrial Development Revenue Bonds of the City... Sec under Act No. 9 in the total principal amount of not to exceod ~5, 000, 000 are hereby authorized, and the immediate delivery of Series A is hereby rized. To prescribe the terms and conditions upon which the bonds are autho be secured, executed, authenticated, accepted and held, the Mayor is to reb authorized and directed to execute and ac}cnowledge a Trust Indenture he y ' denture" ,and the City Clerk is hereby authorized and directed to ithe In ~ execute and ackno~-~ledge the Indenture and to affix the seal of the City ereto and the Mayor and City Clerk are hereby authorized and directed to th cause the Indenture to be accepted, executed and acknowledged by .the Trustee. :, The Indenture, v~hich constitutes and is hereby made a part of this Ordinance, shall be in substantially the following form to-wit: (Separate document} . ~~~~.~~~~ ~. ~~~~Ls ~«~ lviu~jo~'f ana ~.lry t~zer~:; ro ~~ 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 Series A Bonds, the execution and delivery of an Official Statement or Offering Circular, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by the Indenture and by this Ordinance. That the Nayor and the City Clerk be, and they are hereby, further authorized and directed, for and on behalf of the City , to execute a 11 papers , documents , certificates and other F _ instruments that may be required for the carrying out of such authority or to -z ' ewiderce the exercise thereof, Section 4. That the City is here involved tiTith fihe acquiring, con- structing and equipping of complex industrial facilities , requiring highly specialized ~plork and specializied types of equipment, and, therefore, competitive bidding ' ~ wafved. This action is taken by the City Council pursuant to applicable ~,v s of the State of Arkansas ,including particularly Act No . 9 . • Section S . That the Mayor and City C lerk,for and ~on behalf of the . ~ Ci~y, 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 1954 , a s amended, to the end of insuring that interest on the bonds is exempt from federal income taxes. Section 6. That the provisions of this Ordinance are hereby declared to be severable, and ~if any section , phrase or provision shall for any reason be declared to be inva lid, ~ such declaration sha 11 not affect the validity of the remain~~~r of the sections, phrases and provisions. Section 7. That all ordinances, resolutions and parts thereof in conflict ~,, reg. ~~ are hereby repealed to the extent of such conflict. Section S. That there is hereby found and declared to be an imrr,ediate need fog the securing and developing of industry in order to provide employment and payrolls, alleviate unemployment and otherr~i.se 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 preservation of the public health, Mtdw.,n.ihd2L~d~MtarYx%,?rT'.~S!!'!.%+~iwrJJn+~[W",~.w4~Fi'JG~'urnitkw!..iit6+~+~+~./~Y.e+!G?C:3~;A"w1~6.,'~Fi'~ 'S;'>'''.l?isw.:+~K3S2~.$ii.+~«.^3~E~iiLV'' +,~a7~~s..:'Y.xr.°.~•^i+.:lri$r-+'r'.'STME.`:R::!!>;~,*_ ..:.' ..n.: .fit,: r.~.i.S _... A:`-?T,."`~..~...;e.".::!!'<7'?.i::a!Mf..A:-_!.:Stbn~-. ...~ '~'t::A~'ytil~$~+... . safety and welfare shall be in force and effect immediately upon and after its passage. t i The Mayor stated that consideration should be given to an ordinance i ht authorizing a lease and agreement between the City and Arkansas Lightwe g Aggregate Corporation. This was a matter with which the Council was.fami.liar and after a discussion Alderman Bentley introduced an ordinance entitled: ''An Ordinance Authorizing A Lease And Agreement By Azad Between The City Of West Memphis, Arkansas, As Lessor, And Arkansas Li htweight Aggregate The ation As Lessee In Substantially The Form d With Substantially Corpor , ~ Contents Set Forth In And Made A Part Of This Ordinance; Authoriz~.ng The Execution And Delivery Of The Lease And Agreement; Prescribing Other Matters Relating Thereto; And Declaring An '~nergency" and the City Attorney read the ordinance in full. 1~ Alderman Payton, 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: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton, and the following voted: N~ : 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 Hutcherson, seconded by Alderman Dickerson 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: Scott, Smith, Bentley, -Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton and the following voted: I+bQy: 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 Scott, seconded by Alderman Harris, 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 fomwing voted: Aye: Aldermen: Scott, ~nith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton, and the following voted: 1~-: None . Alderman Hightower, seconded by Alderman Horton moved that Section 5, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton, and the following voted: Ids: 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 tie seal of the City. The ordinance was given No. 817. The ordinance read as follows - ~:: .. _ ~r _.~+:r ». }. ' s- t ~ ~ ORDINANCE NO. AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETV1rEEN THE CITY OF WEST MEMPHIS, ARKANSAS, AS LESSOR, AND ARt~ANSAS LIGHTWEIGHT AGGREGATE CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WrTH SUB- STA niTLALLY THE CONTENTS SET FORTH IN AN.D .MADE A PART OF THIS ORDINANCE; AUTHORIZING THE .EXECUTION AND _ DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER _ MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of West Memphis , Arkansas; Section 1 . That there be , and there is hereby authorized the execution and delivery of a Lease and Agreement (the "Lease Agreement") wherein the Citi~ of West Memphis, Arkansas (the "City"), is Lessor and Arkansas Lightweight Aggregate Corporation, an Arkansas corporation ('`Arkansas Lightweight Aggregate"~ , is Lessee , in substantially the form and with substantially the contents hereinafter set forth, and the Mayor and City Clerk be, and they are hereby authorized to execute, acknocvledge and deliver the Lease Agreement for and on beha~.f of the City. The form and contents of the Lease Agreement, which are hereby approved and which are made a part hereof, shall be substantially as follows: .~. :,.~, .. .> ._ K: ,. .c tion 2 . That the Mayor and City Clerk be , and they are hereby , -~ ~ ~ Sec ' cted for and on behalf of the City, to do ail things, execute authorized and dire , ents and other~Nise take all action necessary to the realization of the ! a I 1 in st ru m Cit ' s obligations a s Lessor under the City's rights and to the discharge of the y Lease Agreement. That the provisions of this Ordinance are hereby declared - Section 3. v rable and if any section, phrase or provision shall, for any reason, to be see , - 'd such declaration shall not affect the validity of the be declared to be invali , remainder of the sections,phrases and provisions. - a all ordinances and parts thereof in conflict herewith Section 4. Th t J . • , are hereby repealed to the extent of such conflict. __ at there is hereby found and declared to be an immediate Section 5. Th and developing of industry in order to provide additions 1 need for the securing ' ased a rolls, alleviate unemployment and provide other employment and incre p Y nefits incidental to the operation of a substantial industry, and the execution be and delivery of the Lease Agreement authorized by this Ordinance are necessary 'shment of these public benefits and purposes. It is, therefore, for the accompla. o Glared that an emergency exists, and this. Ordinance., being necessary for the de ediate reservation of the public health, safety and welfare, shall be in imm p force and take effect immediately u~pv~o~tn ~/a//~~n(~d,~after its passage. ._ _~ Alderman Bentley, Chairman of the Computer Study Committee, reported on information obtained as to requesting bids on a turn-key basis to include program printing and for an eight to ten year growth and expansion. After discussion, Alderman Dickerson, seconded b~ Alderman Hutcherson moved that the Committee be authorized to advertise for bids for a Computer System. Upon vote, the voting was as follows: Aye: •Aldermen: Scott, Smith, Bentley,. Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No i None . - . Mayor Rodgers brought to the Council ~ s attention a letter had been received from Mr. S. E. Holbrook after the agenda was prepared, and as the letter requested the City to purchase property for a Boy's Chub the matter. had been referred to the City Attorney as to lega~.ity. Request o~ the Bicentennial. Committee for $25.00 per month for postage and other expense was presented. • After discussion, Alderman Grimsley, seconded by Alderman ~Iutcherson moved that appropriate $25.00 • per ~~onth for expense of the Bicentennial Committee for promotion of their work. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson,. Grimsley, Harris, Hightower, Horton, Hutcherson, .and Payton. N©: None. - ~ ' Alderman Payton official chaperon for Miss Arkansas at the Miss America~Page~t, gave report on the Paget. Mayor Rodgers announced dedication of Westwood Acres Park at !~ p.m. September 19, 19?!~ Alderman Horton reported Architect Cliff Jackson had presented to the Fire Commission plans for the proposed Fire Station to be constructed at Jackson and 19th Street. Bids to be received at a later date. Alderman Hightower nominated Mrs. Ethel Pratt, 233 S. l7th Street to serve on the City Beautiful Commission, the nomination was seconded by Alderman Smith. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : Alone . Alderman Harris inquired as to demolishi~ old buildings, and Building Inspector Avery reviewed the work being accomplished. Alderman Bentley requested permission to present matter not on agenda. Motion was made by Alderman Smith, seconded by Alderman Hutcherson that waive the rule and the matter be heard. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No: None. Alderman Bentley proposed a resolution be sent to members of Congress requesting an audit by the Federal Power Commission of the purchases and purchase practices for fuel by Arkansas Power & Light Company. The matter was discussed, whereupon, Alderman Bentley, seconded by Alderman Scott moved that the City Attorney be requested to prepare a resolution to be sent to members of Congress. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No: None. Mayor Rodgers read letter from Governor Bumpers in response to Resolution No. 196 pertaining to utility rates, and letter from Mr. Pat Moran, Chairman Public Service Comm~.ssion. Alderman Bentley brought to the Councils attention obtaining an itemized list of items and cost summary of equipment purchased by industries operating under Aet 9 Bond issues in order that the information be made available to Mayor, Council, and Tax Assessor for tax purposes. After discussion, Alderman Bentley, seconded by _~+lderman Grimsley moved that authorize the City Attorney to request from Act 9 Bond Industries list of equipment, etc. they are purchasing so can be put on tax roll. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : Alone . Alderman Payton inquired as to repair of holes in driveways off Avalon into apartment complexes that creme a dangerous situation. Engineer Brawley advised is not the City responsability, but matter would be taken care of. Alderman Hutcherson requested information. on the work of street sweepers, and was informed both sweepers are being repaired. There being no further business, the Council adjourned. dT ~ ' . G- CITY CL~ YOR APPROVED: OCTOBER 3, 19711