July 17, 197563
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON JULY 17, 1975
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
17th day of .July, 1975. The following were present: Mayor Joyce Ferguson;
City Attorney R. L. Smith; and Aldermen: R. T. Bentley, R. S. Cosgrove,
Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, A. 0. Holt,
Pritchard Horton, J. C. King, and Tilden Rodgers.
Absent: None.
Alderman Cosgrove offered prayer.
The following proceedings were had to-wit:
Alderman Horton, seconded by Alderman King, moved that Minutes of July 3, 1975,
as included in the packet be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
Alderman Bentley, Chairman of the Budget Committee, presented the following
recommendations:
Transfer salary of Administrative Assistant Rick Gallagher from the CETA to
Revenue Sharing. After consideration, Alderman Bentley moved, seconded by
Alderman Holt that transfer salary of Administrative Assistant Gallagher from
CETA to Revenue Sharing. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
It had been ascertained the cost for the tie-in of additional phones for the
Civic Centers, Fire Stations, City Shop, Police-Court Building, and Libraries
to the Tela-Communications System would be $3,000.00. After consideration,
Alderman Bentley moved, seconded by Alderman Rodgers, that amend the .budget
for the additional $3,000.00. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None .
Report on bids received at 1;30 p.m. July 9, 1975, as per Notice Of Public Sale
in the Evening Times on June 23rd and 30th for 1-D6 Caterpillar Dozer No. 31.~A362,
1-Mobil Sweeper, Model 1-7, and 1-D-310 G. Case Crawler Tractor was made. ,Thereupon,
Alderman Bentley, seconded by Alderman Grimsley, moved that recommendation of the
Budget Committee to turn the bids over to the Shop Committee to check and award be
accepted. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hig3~tower, Holt,
Horton, King, and Rodgers.
Nay: None.
Recommendation of the City Hall Building Committee that 68 parking spaces be
deleted at the new City Hall was presented by Alderman Bentley, who advised a
proper dollar figure on the matter is being ascertained by the Arcjaitect,
Engineer, Contractor, and Committee. After discussion, Alderman Horton,
seconded by Alderman Grimsley, moved that delete 68 parking spaces and the
final figure made on the adjustment be brought back for approval by the Council.
Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None .
64 \
~~,.
Alderman Grimsley, Chairman of the Community College Committee, presented
recommendation that the College be permitted to use Eugene Woods Civic Center,
and Judge Lindsey Fairley and Lee Cramer continue to work with College Officials.
Judge Fairley and Lee Cramer discussed with the Council space required, registration,
class schedules, social activites, and rescheduling of some events. Alderman Grimsley,
seconded by Alderman Rodgers moved that space be provided in the Eugene Woods Civir.
Center for the Community College. Upon vote, the voting was_as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
The Flood Plain Information Committee Report was read by City Attorney Smith as
follows:
The Committee on the Flood Plain Information Study has met and determined that
until the City of West Memphis has received definite floor elevations in identified
flood hazard areas from the Federal Insurance Administration that we should use the recent
Corps of Engineers study to officially identify flood plain areas and enforce building
floor slab elevations to be within at least 1.5 feet of the 100 year flood elevation,
shown on the Corps maps, as determined by the City :Engineer and Building Inspector.
This is done with the Imowledge that it is difficult to exactly d~ermine the 100 year
flood elevation at any given point using the Corps flood maps because flood elevations
are only given at certain points on this map. Also Federal Flood laws indicate that
the Federal Flood Insurance Administration will provide us with definite floor
elevations in the future and in addition we have hopes that the 100 year flood
elevation will be lowered significantly by the improvements presently in the planning
stages .
/S/ Willie L. Harris, Chairman
-~~t~.~
Alderman Harris moved, seconded by Alderman King, that the Committee Report be
accepted. After discussion with City Engineer Brawley and Building Inspector Avery,
the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
Alderman Cosgrove, Chairman of the Committee to screen applicants for Director
of the Community Development Program, presented recommendation that J. M. Woods,
911 Pryor Dr. be employed as Direc~r of the Community Development Program.
After consideration, Alderman Cosgrove, seconded by Alderman Bentley, moved that
the Committee recommendation be accepted. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
The Council was informed the Directorts salary would be $317.00 per week to be
paid from Community Development Funds.
Alderman King reported on the next mosquito spray, and the prevalence of mosquitoes
this year was discussed.
Alderman Rodgers, Chairman of the Committee for Disposing of Used Equipment,
brought to the Council's attention an ordinance prepared by the City Attorney.
The ordinance was held in abeyance until a resolution may be prepared by the
City Attorney and Aldermen Rodgers and Bentley giving Department Heads a
standard procedure for disposing of used equipment.
65
An ordinance entitled "An Ordinance To Rezone A Tract Containing 3.8 Acres
In The SW~ Of Section 12, Township 6 North, Range 8 East, Being Also Known
As The 500 Block Of West Oliver Street, West Memphis, Arkansas" was read
the second time by the City Attorney. Alderman Grimsley, seconded by
Alderman Horton, moved that the second reading of the ordinance be approved.
Upon roll call vote, the voting was as follows:
1~ye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers.
Nay: None.
An ordinance entitled "An Ordinance To Rezone A Tract Containing 1.925 Acres
In Part Of The SE 4 Of Section 9, Township 6 North, Range 9 Fast, Lying North
Of The Center Line Of U. S. Highway No. 70" was read the second time by the
City Attorney. Alderman King, seconded by Alderman Horton, moved that the
second reading of the ordinance be approved. Upon roll call vote, the voting
was as follows :
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers.
Nay : None .
Mr. Morris Fair, Financial Consultant for the City, presented informat~.on
on the proposed airport bond issue perta.i.ning to revenue from the airport, improvements,
local banks handling the bond issue, interest rates, grants; and recommended
adoption of the proposed ordinance.
The Mayor stated that consideration should be given to an ordinance authorizing
airport revenue bonds. This was a matter with which the Council was familiar
and after a discussion, Alderman Bentley introduced an ordinance entitled:
"An Ordinance Providing For The Issuance Of Municipal Airport Revenue Bonds
For The Purpose Of Financing The Cost Of Constructing Improvements To The
Airport Facilities; Providing For The Payment Of The Principal Of And Interest
On The Bonds; Prescribing Other Matters Relating Thereto; 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 its second reading. The Mayor
put the question on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers; 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 ~.ttorney.
Alderman Rodgers, seconded by Alderman Horton, 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: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers; 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.
66
Alderman Dickerson, seconded by Alderman Bentley, 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: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers; and the following voted
Nay : None .
Alderman King, seconded by Alderman Cosgrove, moved that 'Section 15,
the emergency c lause, be adopted, and on roll call the following voted
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers; ...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. 839• The ordinance
read as follows :
ORDINANCE N0. 839
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF MUNICIPAL AIRPORT REVENUE BONDS
FOR THE PURPOSE OF FINANCING THE CO5T OF CONSTRUCTING IMPROVEMENTS TO THE
AIRPORT FACILITIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST
ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of West Memphis, Arkansas (the "City") operates its
Municipal Airport, and related properties and facilities, through its
Airport Commission (called "Airport Commissions'), which was created and
organized pursuant to Act No. 53 of the Acts of Arkansas of 19t~9, as amended,
and Ordinance No. x.22 of the City, adopted and ~.pproved June 15, 1962; and
WHEREAS, the Airport Commission has determined that improvements must be
constructed to the municipal Airport at a total estimated cost of $300,000,
and has so reported to the City Council, describing the improvements needed,
(the "improvements"}, and it is proposed to finance a portion of the costs
by the proceeds of Airport Revenue Bonds; and
WHEREAS, the Airport Commission has requested and recommended that the City
Council take the necessary steps to issue and sell at this time Municipal
Airport Revenue Bonds in the principal amount of $75,000, to finance the
first phase of the improvements; and
WHEREAS, the City Council hereby finds and declares that it would be in the
best interest of the City and its inhabitants for the improvements to be
accomplished and that Municipal Airport Revenue Bonds be issued as requested
by the Airport Commission; and
WHEREAS, the City has outstanding at this time Municipal Airport Revenue
Bonds dated April 1, 1963 (the 'x1963 bonds'}, issued under and secured by
tine provisions of Ordinance No. X39 of the Ordinances of the City, adopted
and approved August 1, 1963 (the 'x1963 Ordinance's ); and
WHEREAS, additional Municipal Airport Revenue Bonds can be issued on
a parity of security with the 1963 bonds provided the conditions set forth in.
the City Council has determined that the conditions set forth in Section 9
6'7
Sect ion 9 of the 1963 Ordinance have been complied with and , in this regard ,
can be complied with and that, therefore,, the Municipal Airport REVenue Bonds
authorized by this Ordinance can be issued on a parity of security with the
19 6 3 bonds;
authority specified in this Ordinance pertaining to accomplishing the improve-
m is the operation of the airport and the collection, handling and disburse-
menu of revenues , including the execution and deliverf of all contracts
of West Memphis, Arkansas
Sect ion 1. The improvements shall be accomplished . The authority
conferred by this Ordinance shall bF carried out under ,the control and super-
vision of, and all details in connection therewith shall be handled by, the
Airport Commission . In this regard, in addition to the potivers and duties of
the Airport Commission existing under and by virtue of the l~~ws of the State of
Arkansas and Ordinance No. 422., there is hereby conferred upon the
Airport Commission full and complEte power f.o carry out anc? accomplish tale
and instruments necessary or incidental thereto or to evidence the exercise of
the authority herein conferred.
Page 2
NOVIT, THEREFORE, BE IT ORDAINED by the City Council of the City
Section 2. Under the authority of the Constitution and laws of the
State of Arkansas, including particularly Act No. 53 of the Acts of Arkansas of
1949, as amended, and Act No, x75 of the Acts of Arkansas of 1959, as amended,
City of ~lVest Memphis, Arkansas Municipal Airport Revenue Bonds, Series 1975,
are hereby authorized and ordered issued in the total principal amount of $?5, 000
for financing a portion of the costs of accomplishing the improvements (the "bonds"
or the "bonds of this issue") . The bonds shall be negotiable coupon bonds payable
to bearer but subject to registration a s to principal only or a s to principal and
interest. The bonds shall be dated April 1, 1975, interest thereon shall be
payable semiannually on April 1 and October 1 of each year, commencing
October 1, X975. The bonds shall be numbered consecutively from 1 to 75,
inclusive, in the denomination of $1 ,000 each. The principal of the bonds
. Page 3
r.
- shall mature annually on April 1 in each of the years 1977 to 1996, inclusive,
a s in the schedule set forth in Sect ion 7 (b) hereof (but shall be subject to
redemption prior to maturity as hereinafter set forth), which schedule also
sets forth the bond numbers. The bonds shall be sold at public or private
sale upon the best terms obtainable, and the Mayor and City Clerk are
authorized to execute such contracts and other writings and to take such other
action as may be necessary or appropriate to the sale of the bonds, acting with
the advice and assistance of the Airport Gommission and the City's fiscal
agent, UMIC, Inc. , Memphis, Tennessee. Any sale of tliE; bonds shall be
reported to the City Council for approval of the terms thereof, which approval
. along with the details of the bonds as sold, shall be set forth in a resolution
of the Gity Council duly adopted.
- Section 3. The bonds shall be executed on behalf of the Gity by
the Mayor and City Clerk and sha.l.i havE imprES sed thereor: the seal of she City.
'rhe facsimile signature of the Mayor may be used upon compliance with the -
provisions of Act No. 69 of the Acts of Arkansas for the year 1959. Interest
coupons attached to the bonds .shall be executed by the facsimile signature of
the Mayor. The Mayor's facsimile sig~7ature shall have the same force and
effect as if~e had personally signed the bonds and coupons. The bonds shall
- be executed by the manual signature of the City Clerk. The principal of and
interest on the bonds shall be payable solely out of the Airport Revenue Bond
and Interest Sinking Fund, created pursuant to the provisions of Sectfon 6B of
the 1963 Ordinance presently being maintained (the "Bond Fund") .and shall. be
a valid claim of the bondholders only against the Bond Fund and the revenues
pledged to the Bond Fund, which revenues (being revenues derived from the
operation of the Municipal Airport) are hereby pledged and mortgaged. for the
equal and ratable payment of the principa~ of and interest on the bonds, with
the 1963 bonds (which rank on a parity with the bonds of this issue), and shall
Page 4
be used for no other purpose except as in the 1963 Ordinance and in this
i
Ordirancespecifically provided. The principal of and interest on the bonds
shall not constitute an indebtEdnESS of the City within any constitutional or
statutory limitations
Section 4. The bonds and coupons shall be in substantially the
following form and the Mayor and City Clerk are hereby authorizEd and directed
to make all recitals contained therein: .
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Page 5,.
UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF CRITTENDEN .
CITY OF WEST MEMPHIS
MUNICIPAL AIRPORT REVENUE BOND,
SERIES 1975
NO. -1975
KNOW ALL MEN EY THESE PRESENTS:.
. ~ _ That the Gity of West Memphis, County of Crittenden, and 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 t}~e registered owner
hereof, solely from the special fund provided as hereinafter set forth,
the principal sum of
DOLLARS
in such coin or currency as shall be .legal tender. for the payment of public and -
private debts on the first ddy of April, 19 _, and to pay solely from ttla special
fund interest hereon from the date until. paid at the rate of percent
( %} per annum, semiannually an April 1 and October 1 of each year, commencing-
.
October 1, 1975. The principal, and interest evidenced by coupons, shall be
payable upon presentation at the principal office of
(the "Trustee" and "Paying Agent"~ . Payment of interest when
registered as to interest may be by check or draft payable to the .registered owner
a s reflected on the band registration book maintained by the Trustee .
This bond is part of an issue of Seventy-Five (75} bonds aggregating
Seventy-Five Thousand Dollars ($75, 000) , numbered consecutively from One (1} _ r
to Seventy-Five (75}, inclusive (the "bonds") , are all of like tenor and effect,
except as to number, rate of interest, maturity and right of prior redemption,
and arE issued for the purpose of paying a portion of the costs of constructing
improvEments t~a the Munac, ipal Airport (described in the Authorizing Ordinance} .
Page 6
The bonds are issued pursuant to and in full compliance with the
Constitution and laws of the State of Arkansas, including particularly Act No. 53
of 1949, as amended, and Act No. 175 of 1959, as amended, and pursuant to
Ordinance No. _ of the City, adopted and approved on the day of
1975, with an implementing resolution (the "Authorizing tJrdinance"sand
the bonds do not constitute an indebtEdness of the City within any constftutional
or statutory limitation. The bonds are not general -obligations of the City, but
are s ecial obligations secured by a pledge of and payable solely from revenue s
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derived from the operation of the Municipal Airport. The pledge securing the
bonds is on a parity of pledge and security with the pledge securing the City's
outstanding Municipal Airport Ilevenuc Bonds dated April l , 1963 (the "1963
Bonds") . An amount of such revenues sufficient to pay the. prlncipall of anal
interest on the bonds (and on the 19 G3 Bonds) , and to cstab.lish and maintain
a debt service reserve, is to be set aside in a special fu:~:l for that purpose
created pursuant to the ordinance authorizing the 1963 Bonds and confirmed
and continued by the Authorizing Ordinance . Reference is hereby made to the
' Authorizing Ordinance far a deta lied statement of the nature and extent of the
i
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security for the bonds, the right to issue parity bonds, the rights, and obligations
-
of the City, the Trustee, and the holders and registered owners of the bonds, and
~ the terms and conditions upon ~,vhich the bonds are issued, including, without
limitation, the covenant of the City to impose and collect such Charges for the
use of the Municipal Airport and its facilities as will always produce sufficient
1
revenues to provide for the payment of the principal of and interest on the bonds
and the 1963 Bonds, with Trustee's and Paying Agent's fees, to maintain a debt..
service reserve, to make required deposits for the depreciation of the Municipal
i Airport and to provide for the operation, maintenance and repair of the :Municipal
i ~.
- Airport . -
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Page 7
The bonds are subject to zedemption prior to .maturity, at the option
of the City, in whole or in part (with there to be no partial redemption of any
bonds , in inverse numerical order, on any interest payment-date on and after
April 1, 1980, from funds from any source, at a price of the principal amount
of the bonds being redeemed plus accrued interest to the date of redemption
andplus a premium of the principal amount being redeemed as follows:
3% if redeemed April 1, 1980 or October 1, 1980;
2-3/4% if redeemed April 1, 1981 or October 1, 1981;
2-1/2 % if redeemed April 1, 1982 or October 1, i98 2;
2-I/4 % if redeemed April 1, 198 3 or October 1, -198 3;
290 if redeemed April 1, I9 8 4 or October 1, 198 4;
1-3/4% if redeemed April I , 198 5 or October 1, 198 5;
1-1/2% if redeemed April I , 198 6 or October 1, I98 6;
1-1/4% if redeemed April 1, 1987 or October 1, .1937;
1 % if redeemed April I , 19 88 or October 1, 19 8 i#;
3/4% if redeemed April I, 1989 or October 1, Ia89;
1/2% if redeemed April 1, 1990 or October 1, 1930;
1/4% if redeemed April 1, 1991 or October 1, 19 J I;
No premium thereafter
.
1Votice of the call for redemption shall be published onf, tune in a newspaper
published in the City of Little Rock, Arkansas and having a general circulation
throughout the State of Arkansas, giving the number and matl~ri.ty of each bond
being called, the publication to be at least fifteen (15) days prior to the redemption
dater and after the date fixed for redemption each bond so called shall cease to-
bear int.erESt, pro~Tided that funds for its payment are on deposit •,Nith the Paying
Agent at that time, In addition, notice shall be given by registered or certified
mall to the registered owner of any bond registered as to principal"at the address
of such owner reflected on the books of the bond registrar and placed in the mails
not Tess than fifteen (15~ days prior to the date fixed for redemption, If alI
outstanding bonds shall be registered as to principal, noticz by registered
or certified mail to the registered owners thereof shall be sufficient, and it shall
not be necessary to publish notice of the call far redemption.
This bond maybe registered as to principal or as to principal and interest
and may be discharged fro::: such registration in the manner, with the effect and
subject to the terms and conditions endorsed hereon. Subject to the provisions
for registration endorsed hereon, nothing contained in this bond or In the
Authorizing Ordinance shall affect or impair the negotiability of this bond, and
PagE 8
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this bond shall be deemed a negotiable instrument under the laws of the State of
{ ~ Arkansas, This bond is issued with the intent that the Laws of the State of
Arkansas will goven its construction.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts,
conditions and things required to exist, happen and to be performed precedent .
;-
to and in the issuance of the bonds, have existed, have happened and have
1
been performed in due time, form and manner, as required by law; that the
indebtedness represented by-the -bonds does not exceed any constitutional or
~.
statutory limLtation; and that sufx~cient revenues have been pledged to and wi11
bE set. aside, a•s sEt forth above, for the paymEnt of the principal of and interest
on the bonds .
This bond shall not be valid until the Certificate of Auth~:ntication
herEOn shall have been signed by the Trustee. _
IN WITNESS WHEREOF, the Gfty of ~/Ilest Memphis, Arkansas, by its
City Councfl, has caused this band to be signed by the Mayor and City Clerk
. thereof (with the facsimile signature of the Mayor and the manual signature of
the City Clerk) and sealed wfth the seal of the City, and has caused the
interest coupons attached to be signed by the facsimile signature of the Mayor,
all as of the first day of April, 1975 .
CITY OF WEST MEMPHIS, ARKANSAS
By (facsimille signature)
ATTEST: Mayor
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City Clerk
{SEA L) -
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Page 9
- (Form of Coupon)
$ - No. -1975
April
On the first day of OctoUer, 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 special fund
specified in the band to which this coupon is attached.
DOLLARS
in such coin or currency as s~iali be Legal tender for the paymert of puulic and .
private dEbts at the principal officE of
,being six (6) .months interest then dt:e on its Municipal
Airport Revenue: Bond, Series 1975, datEd April 1, 1975, a~cl numuered
- CITY OF WEST MIMi'I-3IS, ARKANSAS -
. By {facsimile signature?
Ma yoc .
On each bond shall appear,the following: .
CERTIFICATE OF AUTHENTICATION
This is one of the bonds of the issue of Municipal Airport Revenue Bonds,
Series 1975, of the City of West Memphis, Arkansas, describEd within.
By
{Authorized Signature)
This bond may be registered as to principal alone on books of the City,
kept by the Trustee as bond registrar, upon presentation hereof to the bond registrar,
which shall make mention of such registration in the registration blank below, and
this bond may tliereaftcr be transi~rred 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 books and
endorsed hereon by the bond registrar. Such transfer may be to bearer, and there-
after transferability by delivery shall be restored , but this bond shall again be
subject to successive registrations and transfers as before. `fhe principal of this
bond, if registered, unless rcc~istered to bearer, shall bF~ p~~yable only to or upon
the order of the registered ov,~ner or his legal representative , Interest accruing on - .
tl~is bond will be paid only on presentation and surrender :if the attached interest
i
coupons as they respectively become dtie, and not~~-ithst~~ndirg 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 owner, the unmatured coupons attached evidencing interest to .
be thereafter paid hereon shall be surre~zdered to said• bond registrar, a statement
to that effect vJill 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 times provided herein to the registered owner of this bond by mail
fie the address shown on the registration books. This bond v~hen so converted
i
.into a bond registered as to both principal and interest may be reconverted into a
coupon bond at the written request of 'the registered owner and upon presentation
at the office of said bond registrar. Upc,i~ such reconversion the coupons repre-
stinting thesnterest to becorne due thereafter to the date of maturity will again be
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_ -
Page 11
afitached to this bond and a statemc~lt will be endorsed hereon by the bond
registrar in the registration blank bcl~~v whether it is then registered as 'to
principal or payable to bearer.
Manner of Signature of
Date of Registration 1~arriE of Registered Owner :Registration : I3onc1 Re_ istrar
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Page 12
Section 5. The City and the Airport Commission hereby covenant
with the holders and registered owners of the bonds that there will be imposed
and collected such charges for the use of the Municipal Airport and. ifs facilities
as will at aII times produce sufficient revenues to provide for the payment of
the principal of and interest on all of the outstanding bonds, including the
1963 bonds and the bonds of this issue, as the same become, due, to provide
for Trustee's and Paying Agent's fees, and to make the required deposit for the
depreciation of the Municipal Airport, to provide for the operation, mair_tenance
and repair of the Municipal Airport and to maintain ali funds provided for in the
1963 Ordinance and in this Ordinance at the required level: . The above covenant
shall include the agreement and obligation to incrE:ase the c}largos from-time to
time as and to the Extent necessary to produce sufficient rcvenuc:s to r„eet the
above requirements.
Section 6, It is hereby expressly found and declared that tY~.e
provisions of Section- 9 of the I963 Ordinance pertaining to the issuance of
parity bonds can be fully mc:t and complied with and that, t}-ierefore, the bonds
of this issue shall rank on a parity of security with the I963 bonds. In this
regard, the required certificate of the independent public accountant refereed
to in Section 9 of the 1963 Ordinance will be filed with the Trustee, the Airport
Commission and in the office of the City Clerk prior to the delivery of the bonds.
Section ?, {a) The provisions, covenants, undertakings, stipulations
and obligations of the Airport Commission and the City set forth in the I9 63
Ordinance and pursuant to which the 1963 bonds were issued and secured and
are presently outstanding, as such ordinances may, at any time, be amended, _
•
sha 11 inure and appertain to the bonds of this issue to the same extent and with
like force and effect as if set forth herein in full, except only insofar as the
same may be expressly inconsistent with the provisions ~~f this Ordinance,
including among other things, and without limitation, the provisions of the
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1963 Qrdinance whereby there has been created and is being maintained (1)
an "Airport Revenue Fund" and for the payment into that fund of all the income
and revenue derived from the operation of the. Municipal Airport, disbursements
therefrom and the permitted use of surplus at any time remaining therein, (Z)
an "Airport Revenue Bond and Interest Sinking Fund" and for the payment into .
that fund of the required amounts and disbursements therefrom, (3) an "Airport
Depreciation Fund" and for the .payment into that fund of the required amounts
and disbursements therefrom, and (4) an "Airport Operation and Maintenance
Fund" and for the payment into that fund of the required amount.:- and permitted
disbursements therefrom, all as specified in the applicable s~:ci.ions of the 1963
prdinance, are hereby continued, ratified and confirmed. R°~e::zies of the
~~unicipal Airport shall be transferred to as deposited in the f~~ ;ds set forth
above in the following. order: (1) the Airport- Revenue Fund , (2 ~ t.~ie Airport
Qperation and ivlaintenance Fund, ~3) the Airport Revenue l3r~nc~ and Interest
Sinking Fund, and (4) the Airport i~epreciation Fund, i-Iowevc:r, nothing set
forth herein shall affect or impair the rature and description of the pledge se-
curing the 19 63 bonds , and the order of revenues flow set forth above sha 11 be
subject to, and shall be modified as necessary to assure, payment of the 1963
bonds according to the provisions of the 1963 Ordinance.
Inasmuch a s the bonds of this issue rank on a pa rity with the 19 6 3
bonds, the required monthly deposits into the Bond Fund shall be increased by
a sum equal to I/6 of the. next installment of interest and I/12 of the next in-
stallment of principal {on the bond: or t121S issue, plus the amount necessary to
provide for Trustee's and Paying Agent's fees, ~as the same become due. The
intended effect of incorporating the provisions of the 19 63 Ordinance herein,
as above provided, shall be to make those provisions fully applicable to the
bonds of this issue, without regard to whether the 1963 bonds are at the time
Page 14
outstanding, and the language of the 1963 Ordinance shall be construed and
interpreted to accomplish than intended effect (for instance, references in the -
1963 Ordinance to "bonds" or to "bonds of this issue, " or words of similar
i import, shall be construed to include the 1963 Bonds and the bonds now being
issued on a pa city therewith under the provisions of this Ordinance)
(b) The bonds shall mature in accordance with the following schedule;
1 - - YEAR_ A~1/IOU~TT YEAR AMOUNT
1977 $1,000 1987 $3,OOq
~ 1978 2,000 1988 4,aa0
1979 2,000 1989 4, 0(10 '
1980 _ 2,000 2990 5,000
1981 x,000 1991 S,OGU
1982 3,000. 1992 5, Ot)C1
1983 3,000 ~ 2993 S,(?00
- 1984 3,000 1994 6, OQ(:1
1985 3,000 1995 7, t~00
_ 1986 3,000 1996 7,100
Page 15
Section 8. The bonds of this issue shall be subject to redemption
prior to maturity in accordance with the provisions in the bond form appearing
in Sect ion 4 hereof .
SECtion 9. 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 notified in
writing and shall have been, indemnified to its satisfaction against any loss, damage
or expense on account of :the taking of such action. The 'T'rustee rra y resign at
any time by ten (10) days ` not ice in writing to the Secretary of the Airport
Commission; and the majority in prfncipal amount of the holclcrs of the outstanding
bonds of this issue at any time nay, with or without cause, resrove the Trustee.
Upon the resignation or removal of a Trustee, the majority in principal amount of
the holders of the outstanding bonds of this issue may namF a new Trustee, but if
such holders do not name a nc~~r Trustee within thirty (30) days after a vacancy occurs,
the Airport Commission shall forthwith name a new Trustee. The appointment of
a new Trustee shall be evidenced by a writing duly acknowlEdged and recorded
in the office of the Circuit Clerk and Ex Officio Recorder far Crittenden County,
Arkansas. Any succESSOr Trustee shall have all the powers herein granted to
the original Trustee. In the event of a change in the office of TrustEe the old
Trustee which has resigned or been removed shall cease to be paying agent and the
successor Trustee shall become the paying agent.
Section 10. The Gity covenants that it shall not takE any action or
suffer or permit any action to be taken or condition to exist which causes or -
may cause the interest .payable on the bonds to be subject to federal income
taxation. Without limiting the generality of the foregoing, the City covenants
that the proceeds of the sale of the bonds will rot be used directly or °n~~irectly
in such manner as to cause the bonds to be treated as "arbitrage bonds" within
the meaning of Section 103 (d) of the Internal ReVenuc Code of 1954, as amended.
Page 16
Sect ion 11. After the bonds have been executed by the Mayor and
City Clerk and the seal of the City impressed as herein provided, they shall.
be delivered to the Trustee which shall authenticate them and deliver them to
the purchaser upon receipt from the purchaser of the purchase price plus accrued
interest. The Trustee shall deposit the accrued interest in the Bond Fund and
shall deposit the balance of the procEeds in a special account in the name of the
Airport Commission designated "Vlrrest Memphis Municipat Airport Commission
1975 Construction Fund" in a bank that Is a member of the FedE~rat Deposit
Insurance Corporation with all moneys therein to the extent noz: ir_surEd by the `
Federal Deposit Insurance Corporation to be secured by bonci:= car other direct
or fully guaranteed obligations of the United States of AmEric_~ ~ unless invested
as hereinafter providEd. The moneys in the Construction Fua~c3 si-u_lt be disbursed
solely for paying the cost of accor~lplishing the i~~nprovemer:t;~ ar~ci paying expenses
incurred in connection with the authorization and issuance cJf tl:e bonds. If any
moneys remain in the Construction Fund after the improvErr~nis are accomplished
and the expenses of authorizing a.~xd issuing the bonds are paid, the remaining
moneys shall be deposited into the Band Fund. Moneys held 1n the Construction
Fund may, at the option of and pursuant to the direction of the Airport Commission,
be invested and reinvested in lawful investments, which shall mature, or which
shall be subject to redemption by the holder thereof, at the option of the holder,
not later than the date or dates when the moneys held for tre credit of the Construction
- - Fund wi.t1 be required for accomplishing the Improvements or paying the expenses
of authorizing and issuing the bonds, as determined by the Airport Commission in
its discretion. ~ +
Section 12. This ordinance shall not create any right of any kind, .and
no right of any kind sha11 arise hereunder pursuant to it until the bonds authorized
by this Ordinance shall be issued and delivered.
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- Section 1.3. The provisions of this ordinance are hErEby declared to
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be separable, and if any provision shall for any reason be held illegal or
invalid, such holding shall not affect the validity of the remainder of the Ordinance.
Sect ion 1.4. A Il ordinances , resolutions and parts thereof in confl. fief
i
Herewith are hereby repealed to the Extent of such conflict .
Sect ion 15 . Yt is hereby a scerta fined and declared that the prESent
Municipal Airport facilities are inadequate and by reason thereof there exists
a hazard to the life, property and welfare of the inhabitants of the City. The
improvements are immediately necessary to alleviate the ha~~~rd and car. be
accomplished only by the issuance of the bonds . It is, thereiare, declared that
an emergency. exists, and this Qrdinarice being necessary fc~;r tl~.e immediate
preservation of the public peace, health and safEty shall tal:.e effect and be
in force from and after its passagF .
e~e~
Mayor Ferguson brought to the Councils attention an ordinance for a telephone
compat~y tax. Alderman Bentley introduced the ordinance entitled "Axe Ordinance
Whereby The City Of West Memphis Of The State Of Arkansas And The Southwestern
Bell Telephone Company, A Missouri Corporation, Agree That The Telephone Company
Shall Continue To Operate Its Telephone System And All Business Incidental To
Or Connected With The Conducting Of A Telephone Business And System In Said City,
And Erect And Maintain Its Plant Construction And Appurtenances Along, Across, On,
Over, Through, Above And Under All Public Streets, Avenues, Alleys, Public Grounds,
And Place's In Said City, That The City Shall Receive An Annual Payment From The
Telephone Company, And Repealing All Ordinances And Agreements In Conflict Herewith;
Declaring An ~nergency And For Other Purposes", 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 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: Bentley, Cosgrove, Dickerson, Harris, Hightower, Holt, Horton,
- 'King, and Rodgers.
Nay: None
(Alderman Grimsley was not present for vote on the ordinance)
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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 Rodgers, seconded by Alderman Horton 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: Bentley, Cosgrove, Dickerson, Harris, Hightower, Holt,
Horton, King, and Rodgers.
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 the third
time by the City Attorney.
Alderman Dickerson, seconded by Alderman Rodgers, 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:
.dye: Aldermen: Bentley, Cosgrove, Dickerson, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
Alderman Holt, seconded by Alderman King, moved that Section 10, the emergency
clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted
and signed the ordinance, which was attested by the Ci~r Clerk and impressed
with the seal of the City, The ordinance was given No. 8l~0, and read
as follows:
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ORDINANCE N0. ~ V
AN ORDINANCE WHEREBY THE CITY OF WEST MEMPHIS. OF THE
STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE
COMPANY, A MISSOURI CORPORATION, AGREE 'T'HAT THE TELEPHONE
COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM
AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY,
AND ERECT AND MAINTAIN ..ITS PLANT CONSTRUCTION AND
APPURTENANCES ALONG, ACT~OSS, ON, OVER, THROUGH, .ABOVE AND
UNDER ALL PUBLIC STR.EE°S, Ati~NUES, ALLEYS, PUBLIC GROUNDS,
AND PLACES IN SAID CITY, I'H.A~I` THE CITY SHALL RECEIVE AN
ANNUAL PAYMENT FROM Z'~TE TELEPHONE COMPANY, AND REPEALING
ALL ORDINANCES AND AC-R.EE~`~~TEI~TTS IN CONFLICT HEREWITH;
DECLARING AN EMERGENCY Aim ~i-OR OTF~~'R PURPOSES.
WHEREAS, the City desires to F3nact ar~.d impose upon the
Telephone Company a tax wriich shall be in lieu of all other
licenses, charges, fees or special taxes other .than thr~ usual
general or special ad valor~~~:~ ~~x~r~;:S, ar~d
WHEREAS, the City recognizes and concurs in the purpose and
intent of an order of the Ar~~az~sas :~'ubl~_c Service Co~~myssion
entered on December 10, l~~`~"~ in Dc}ekes U-.1281 relating to the
treatment by thc~ Telephone C:,r~ir~pa~?T of all City special taxes;
NOW, THEREFORE, BE I'I' ORDAINED by the City Council of the
City of West Memphis, State, of Arkansas, that
SECTION `! . The Southwe s t F rn Bell Telephone Corrjp any, it s
successors and assigns ~he:re~~~ re1'c:rreci to as "Telephone Company")
shall continue to operate :i.ts te.J_c~T~~lone system and all business
incidental to or connected. ~r:~.th the conducting of a telephone
business and system in the i~t y ~f West Memphis, State of Arkansas,
(herein referred to as "City's) . sr-~e plant construction and
appurtenances used in or inca._der~t ~t;o the giving of telephone
service and to the maintenance of a telephone business and system
by the Telephone Company in said City shall remain as now
constructed, subject to such changes as may be considered
necessary by the City in the exercise of its inherent powers and
by the Telephone Company in the conduct. of its business and said
Telephone Company shall continue to exercise its right to place,
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remove, construct, and reccnstr=uct, extend and maintain its said
plant and appurtenances as tt~~.e ~;~usiness and purpose for which it
is or may be incorporated n~.G~y 1 ram time to time require, along,
across, on, over, throug., ;-~~~o~~~'~~ and v_ra.der all the public streets,
avenues, alleys, and the pu~-~'7 i c grounds and pl~~ces witrlin the
limits of said City as the same t'rom tir~~e to time ray be
established.
SECTION 2. (a) The T,~lephc~~ze Company shall ~:~a~r to the City
on or before March 1, l~:?f , ~c-r ~~?ze period January 1, 1976 to
December 31, 1876, incltzs:i_~;~e, a.r~d thcr:~af'ter for li ke periods on
yr before each March 1 ~~~~~ ~~.f~~o~~~r7t determ~} ned by multiplying the
number of telephones wit'r~L~~ tree rorpc,rate limits of tl~le City as
of the last day of the ~p~ri~:c ~ding ,yea1~ ley the sum of $0.91.
(b) Iri add~_tion, tr~.e Telephone Cox~spany shall
annually pay to the City ~~~~z alilc~unt determined by subtracting the
amount determined in sub- sect:i on (a) a"hove from ~F~C), 000.00. Said
sum to be paid in four (~~; cz~a«.~:°~~e:r~_y payments on r before March 31,
June 30, September 30, a~,`~_ P~:cf.~<<i~er 31, of each year, beginning
March 31, 1976. For tlzr~ near ~L~-?75, a supplemental payment shall
be made on or before S~I~; ~~e~:t~r~~~:~'r° ~~U, 1975 in the am~ot.znt of $3,756.00,
and on or before Decemb~r~ 3.~, ~ f~75 in the amount of ~11, 268.00.
SECTION 3. The annual pa~~rsent herein required shall be in
lieu of all other licenses, charges, fees or impositions (other
than the usual general or special ad valorem taxes) which may be
imposed by the City under authority conferred bylaw. The Telephone
Company shall have the privilege of crediting such sums with any
unpaid balance due said Company for telephone services rendered
or facilities furnished to said City.
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SECTION ~-. The Telephone Company oh the request of any
person shall remove,. raise or lower its wires temporarily to
permit the moving of houses cr ot'r~er structures. The expense of
such temporary removal, raisiz~~; or _low~ering of wires shall be paid.
by the party or parties rec~ue~.~ting the same, and the Telephone
Company may require such pay~rnea.~t ia~ advance . The T elcphcne Cnr:lpany
shall be given not less than fcrty--eight (~-8 j hours advance notice
to arrange for such t emporar;~r ~~ i re c~~ange s .
SECTION 5. Permissl_or~ ~_s here~bv ~,~~ar~ted to the ?`elephone
Company to trim branches of` ~JrPes ~~pon streets or overhanging
streets, alleys, sidewalYs a:~~.d t.,~~~ is places of sa~yd City so as
to prevent the branches o.~ s+.~.ckz -~~~ees ~:'~°om coming z.rl uc1ntact with
the wires and cables of tx~.e TelF.~p~~~c>ne Co~~~,ar~.y, all th~~ saia trimming
to be done under the su.pervisi.c and direction of ~~ny City Official
to whom said duties have been o:~~ may be delegated.
SECTION 6. Nothing in t~~.:~s C~rd7_na.nce ccntained shall be
construed to require or pe~~•r~:?.t ariy electric light cr power wire
attachments by the City or ~`~~r t~~e C:i±:y. ~ I.f light or power
attachments are desired by 'the City or for the City, then a separate
non-contingent agreement ~~r~a~_1 ~~ v a prerequisite to such attachments .
SECTION 7. Nothin.~ r~ere~.?~ contained shall be construed as
giving to the Telephone Ccsrripany any exclusive privileges, nor shall
it affect any prior or existir~g rights of the Telephone Company to
maintain a telephone system within the City.
SECTION 8. All other Ordinances and Agreements and parts of
Ordinances and Agreements relating to the operating of or right to ~
operate a telephone system within said City are hereby repealed,
including Ordinance No. 3~-7.
3.
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SECTION ~. The said Telephone Company shall have sixty (60)
days from and after its passage and approval to file its written
acceptance of this Ordinance with the City Clerk, and upon such
acceptance being filed, this Ordinance shall be considered as
taking effect and being in force from and after the date of its
passage and approval by the Niayc~=~. The Ordinance shall continue
in effect and be in force ~'..E:rltl terminated by the City or the
Telephone Company as of tt~ e ~:r~d of any year after giving one ~l
year's written notice on i~~t=~=:Y~t~.~:~n to tex~inate.
SECTION 10. Emergency C"~au~e. It being found ~:nd deter~?i.ned
^ 1~F r
by the City Council of the Ca_~ty ~~~. West ~~?mphis, Axkan~as, that
there is an urgent need fcr addit~..onal revenue for t~:ye r; zy, an
emergency is hereby decJ_a~:•°d ~f::~~ exi_st a.iid this Ord~_~~aY~ce being
necessary for the preserVa,U_~ c~~ G~t"~.,~ a<~~rar~cement of tr~~; public peace,
health and welfare, s!~~.~~:~11 ~e :Lii L~u.ll force and ef.fE,t from and
i
after its passage and app~r~-tra:? _, .
The Mayor advised an ordinance imposing an additional assessment to be paid by
Arkansas Louisiana Gas Company with an emergency clause had been prepared for
consideration. Alderman Bentley introduced the ordinance entitled "An Ordinance
Fixing And Imposing An Additional Assessment To Be Paid The City Of West Memphis,
Arkansas, By Arkansas Louisiana Gas Company And The Method Of Payment Thereof;.
Declaring An Emergency And For Other Purp~es~i, and the City Attorne~r read the
ordinance in full.
Alderman Grimsley, seconded by Alderman Hightower, 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: Aldermens Bentley, Cosgrove,~~ DCickerson, Grimsley, Harris, Hightower,
Holt, Horton, King, and Rodgers.
` 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 the second time by the City Attorney.
Alderman Rodgers, 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'que~tion
on the adoption of the motion and the roll being called, the following voted:
, Aye: Al~.ermen: Bentley, Cosgrove, Dickerson,, Grimsley, Harris, Hightower, .
Holt, Horton, King, and Rodgers.
Nay: None. ..
i ~ .
~. 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. _
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Alderman Dickerson, seconded by Alderman King, 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: Aldermens Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None .
Alderman Holt, seconded by Alderman Cosgrove, moved that Section 3, the emergency
clause, be adopted, and on .roll call the following voted:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King,. and Rodgers.
Nay: None .
.!W R4R.R ~~~ -
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
y _ .. _, g ~
seal of the Cit .. The ordinance was iven No. 8l~1 and read as follows: - -----._.~~___
OP,DINANCL ~,rC,. -~
AN ORDINANCE FIXINC~ AND l~~P.~Sil~~G A~~7 ADDSTIONAL ASSESSN~'~~1
TO BE PAID ThE CITY 0~' ~Iti7EST N~.~1'~~PHIS, AF.~ANSAS, ~3~' AhI~A~~SAS
LOUISIANA GAS .COMPANY A~~jD `I`~-iE ~~~ ~~~ 1 C,1 i:1_h P.r~yl~IEn7l'~u~~;-~1;Or;
DECLARING AN EMER~GENC"~ ~~vTL _y'G?~ CT~~ :R P ~P,POSES .
WHEREAS, Arkansas L l:~.is:i.c^,~."1_~~. Gas Company is duly authorized to
construct, operate, ma~ir~tai~~ ~;,.. yd e xtenc?. a gas system and to sell,
furnish, transmit and distributUy ?zat~.zra.l gas and energy ~_r_ the
City of West T~Iemphis, Arl~ansr~.s ~~~~reG~.fter referred to as "C? tyt' },
to the City of West Mem.ph~.s, Ar~~YaYlsas, and to the citizens residing
therein; and
y~~HEREAS, said Arkansas L~:~usiana C~as Company Zs now providing
gas service to the City ar?d its :i.-~~ha~~~itants and is occupying the
streets, .alleys, and ot~iei~ p=ab? is pro~~erty of trio. City of West
Memphis, Arkansas, pursua~~wt .t E^ ~;ai_d autr?ority; and
WHEREAS, the City r.~~:~uix°~~~~ a~~c~.i.tional revenues for payment
of increased salary require7~?ents for City employees acid other
municipal functions and service and desires to increase the payment
of special taxes, charges and assessments paid `by the said Arkansas
Louisiana Gas Company pursuant to the right of the City to levy such
additional assessments; and
WHEREAS, the City recognizes and accepts the purposes and
results of decisions of the Arkansas Public Service Commission
and the Arkansas Supreme Court requiring that the charges fo_r
service by a utility to customers in the City be adjusted to
adequately reflect any additional :mounts of assessments unposed by
the City in excess of a standard level paid in other municipalities
to avoid discrimination among customers of the utility;
~ t z"'~
NOW, THEREFORE, BE IT CRLAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARk~A1:vSAS, That :
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Section 1. The manv1~a:ctu:L e, sale, furnishing, t.ransrl~iss:ion
and distribution of natural as ar~d energy by Arkansas Louisiana
Gas Company within the C:i~~.y is ~ ~e:reby~.eclared to be a special
privilege and for such privilege the Ai~~•~ansas Louis,ia,na .Gas
Company shall pay to the Ca.ty of %est Men~~lhis, Arlo-,sa,s, the sum of
Two and No/100ths Dollar. s (~2 ~, 00 } , annually: for eac~~ of the
average number of custc~ine:=l:= s~~~;~ ~.~ d~;.z~i n~i ~;~~P next ca~t_endar year
within the lirnits of the C~:i~~y of ti~Te ~;-f; iY~~:llnpt~is, Arkan~>as.
An additional spec~.:.~:i. a~_,~~e~;~~rr~ent, tax, and c~-~a~~ge shall be
imposed as follows : thc~ ~:~:;rn~~a:r~~~ for C ~.cx1 calendar year shall pay
an additional sum of Sxt:,r `I.~~~ot.1sand and ±~1o/100ths ~-'~o? lars,
($60,000.00) payable in a~~proxirrlately ealual quarterly installments
f dr~~~
beginning .~~=~7`'~ ,~'' . ~_ Pa ~er~ts shall
_ Y~"' c ontznue
in succeeding years unless sooner modif~_ed.
Section 2. All o~~°c''i.rr:r7r..E.s axed ~;ar•t a of` ord•±rzances in conflict
with the provisions of t~~~_;; -;r,~;.~_r~~rzCO a,1~o hereby rooeal.ed, including
Ordinance No. 361.
Section 3. It is r; ~ ~•Ka ~ ~f~ :~'c;7.and by the City Council of the City
of West Memphis, Arkansas tha, ~1.~~~e is an urgent need for additional
revenues ..for the City. T~~.erefa~:~e, an emergency is declared to exist,
and this ordinance being neces:~ar~y for the preservation and ad~ra,nce~rent
of the public peace, health, safety and welfare, shall be in full
force and effect .from and after the date of its approval, e.• ,
3;-~~-r~-~-a~
.,~,
90
Mr. Woodrow Compton appeared and requested consideration of permission to grant
an additional cab to the Yellow Cab Company. Alderman Cosgrove, seconded by
Alderman King, moved that waive the rule and the matter be considered. Upon vote,
the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay: None .
Mr. Compton stated has a fleet of 12 cabs, and plans to increase to 15 cabs by the
end of 1975• After discussion, Alderman Harris, seconded by Alderman Cosgrove
moved permit for five additional cabs be granted Woodrow Compton-Yellow Cab
Company. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt,
Horton, King, and Rodgers.
Nay : None .
Mayor Ferguson announced appointment of a Steering Committee composed of
Alderman Cosgrove, Chairman, and Aldermen Harris, Holt, and King to work with
Girls and Boys Clubs funds. The Presidents of the Girls and Boys Clubs and a
member of the Clubs designated by the Presidents will work with the Steering
Committee.
Alderman Horton brought to the Councilts attention complaints as to blind
intersections due to hedges, growth, and other obstructions. After consideration
of set back requirements, easements, and enforcement of ordinances, the matter was
referred to the Police Department for investigation.
Alderman Hightower presented request from citizens of the Eastern section of the
City for playground or park in providing recreation facilities to keep children
out of the streets. Suggestions were made that the matter be considered by the
Community Development Plan, and Lee Cramer of the Recreation Department.
Alderman King inquiried as to procedure for issuing of tickets for Improper
Parking Violations, and discussed the matter with Police Chief Harper.
There being no further business, the Council adjourned.
ATTE
CITY
MAYOR
A~'PROVED : AUGUST 7, 1975