December 6, 1979MINUTES
WEST MEMPHIS CITY COUNCIL
DECEMBER 6, 1979
A regular meeting of the West Memphis City Cauncil was held on
December 6, 199, at 1:30 p. m., in West Memphis, Arkansas, at City
t
Ha12 in the Council Chambers. Mayor Joyce T. Ferguson called the
meeting to order. The following persons were present:
Mayor Joyce T. Ferguson
City Attorney Robert Smith
Aldermen:
Pri tchard Horton
Roberta Jackson
Doug Mo rr i s
R. H. Ra y
Gary WaI ke r
Lloyd Woodell
Vince Angel e t t i
Robert Bentley
Leon DuYa11
James Hightower
Prayer was offered by Father Fil iatreau.
Mayor Ferguson announced the first item of business on the agenda,
the bid openinq for the Jesse Booker Construction Company, P. O. Box 67,
Earl, Arkansas X2331, phase 3 in the amount of 28,486 and phase 4 in
tha amount of ~4, 236.
Alderman Morris made the motion, seconded by Alderman Jackson, to
turn the bids over to the Community Devel opment Di rector, the City
Attorney, and the Architect for the Community Devel opment Agency, and
awarding of the same.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, 1'lorris, Ray, Wa1 ker, Woodell,
Angeletti, Bentley, DuYall, and Hightower.
N0: None
The motion passed.
The next item of business on the agenda is the approving or
correcting of the minutes of November 1,5, 199.
Al Berman Ray made the motion, seconded by Al Berman Jackson, to
table the minutes until the next meeting. Upon voice vote of the
CaunCil, the voting was unanimous.
Ci t i aens request:
Mr. Lynn Agee, an attorney in Memphis, Tenn., and also the attorney
for the United Furniture Workers of ~nrerica, local 282, appeared before
the Counc i 1 on behalf of the Pub1 i c Works Employees of West Memphis.
He stated that 92f of the employees had signed authorisation cards
stating that they desired to be represented by the United Furni Lure
l/orkers of Aeaerica, and that if the Council did not believe that they
should have an election conducted by a Preacher or any third party
representat i ve, or even the Mayor, so that the employees can vote and
advise you in that election that they want to iie represented.
AI Bowl s, who i s wi th the J. W. Rich Gi r1 s CI ub, appeared
before the Council and stated that he wanted at least half of
the money for the Girls Club that has been held up in Litigation
i n the court. He asked what time the money would be discussed.
Mayor Ferguson stated that the time was not known as of yet, but
that the Budget Committee would .discuss it in their meeting, and
that they would Let him know the time of the mettireg.
L i l 1 i an Hodges, who i s with the NAACP, stated that the Counc i I
should reconsider both of the g i r1 s c1 ubs and that the funds are
needed to operate each of them. She also stated that the girls
need some kind of activity.
Alderman Bentley made the motion, seconded by Alderman DuYal1,
that the Council have a five minute recess.
Mayor Ferguson called the meeting to order again.
Alderman Angeletti made the motion, seconded by Al demean Morris,
to table the Ordinance to establish compensation for the City
Attorney. Upon voice vote of the Council, the voting was unanimous.
The first item of business under new business was a Resolution
read by the City Attorney, to hire an Arkansas Licensed Engineer.
Alderman DuYal I made the motion, seconded b y Alderman Bentley,
to adopt the Resolution. Upon roll call vote of the Council, the
voting was as falla~s:
AYE; Aldermen: Jt~~~kson, Morris, Ray, Walker, Angeletti, Bentley,
DuYall, and Hightower.
N0: Aldermen: Horton, and Woodell .
The Resolution passed and was assigned Resolution #728, which reads
as Poll ows:
J
_I_
RESOLUTION N0. ~~
A RESOLUTION TO HIRE AN ARKANSAS LICENSED ENGINEER
FOR THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, there are many activities performed by the
City of West Memphis that require the services of a Licensed
Engineer by the State of Arkansas; and,
WHEREAS, there is no Licensed Engineer now in the
employment of the City of West Memphis; and,
i
WHEREAS, it is necessary to employ outside Engineers to
r
perform City Engineering work on a part-time basis; and,
WHEREAS, it is believed the services of a full-time
Licensed Engineer will be a saving to the City as well as
maintaining a greater control over engineering operations of
our City;- and,
WHEREAS, a full-time Licensed Engineer could supervise
engineering functions over all operations of the City to
include, but not limited to streets, utilities, airport and
construction;
THEREFORE, BE IT RESOLVED, by the City Council of the
'' City of West Memphis, Arkansas, that the City of West Memphis
hire a full-time Licensed Arkansas Engineer, to work for the
City of West Memphis on a full-time basis and perform such
engineering duties as directed by the Mayor and city Council.
•
'~ ADOPTED this ,P day of ~~ , 1979•
MAYOR
fr"t1'~, ~,6,~ ~~
t ..., r
~ ,+ .
nmmt,om.
The City Attorney read a resolution authorising the transfer of
the notification of selection of prel iminary proposal section 8
housing assistance program.
Alderman Angel e t t i made the motion, seconded b y Al de mean
Jackson, to adopt the Resolution. Upon roll call vote, the voting
was as follows:
AYE; Aldermen: Horton, Jackson, Morris, Ray, l/alker, Woodell,
Angeletti, Bentley, DuYa11, and Hightower.
N0: None
The Reso1 ut i on passed and was assigned Resolution ~'~29, which
reads as f o11 ows:
..: a~~...a:~ _~,,,__.____ .._...~..___.._._._._. _ .__,_.
a ~--- ~ ~
RESOLUTION) h~0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKArlSAS AUTHORIZING THE TRANSFER
OF THE NOTIFICATIOiJ OF SELECTION OF PRELIMINARY
PROPOSAL SECTIOP! 8 HOUSING ASSISTANCE PAYMENTS
PROGRAM - PROJECT N0. AR37-0019-005 AND AUTHORIZ-
ING THE COMMUNITY DE'JELOPMENT AGENCY OF THE CITY
OF WEST MEMPHIS AS ADMINISTRATOR OF SAME.
WHE EAS, i n keeping wi th the spirit of providing safe, sani tary,
and decent housing for all citizens of West Memphis; and
WHE EAS, the City of West Memphis has received the approval of
they Little Rock Area Office of the U . S. Department of Housing
and Urban Development on the Preliminary Proposal for 76 units
of ection 8 New Construction housing; and
WHE EAS, the City of West Memphis has submitted a Finai Proposal
for, 76 units of Section 8 New Construction housing to the L i ttl e
Rock Area Office for review; and
WHE~EAS, the Little Rock Area Office has determined the Final
Pro~osal i s acceptable i f the units wi 11 be financially feasible;
and;
f
WHE EAS, it has been determined that financial feasibility can be
att i ned only through the transfer of the Notification of Selection
to ~ private development firm wi th administration charged to the
Comtnuni ty Development Agency of the City of West Memphis .
NOW
WES~
I.
i
i
II.~
i
I~I I
DAT
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MEt~1PHIS, ARKA~JSAS, THAT:
The Notification of Selection of Preliminary Propsal Section
8 Housing Assistance Payments Program New Construction - Project
No. A~37-001 9-005 i s hereby transfered from the City of Wes t
Memphis and assigned to Confederated Housing Associates, Inc..
The Administration of the Section 8 New Construction Project is
hereby assigned to the Community Development Agency of the City
of West Memphis .
This Resolution shall take effect immediately:
PASSED
>.
~_
_ ,
i` fl % J~;
_ .~
A OR
ATTEST:
The next item of business was an (lr"dinance to acquire 1~ interest
in White Bluff and Independence Coal Generating Electric Plants on
the emergency clause. The City Attorney read the Ordinance.
Alderman Angeletti made the motion, seconded b y Alderman Horton,
to suspend the rules. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Wooden,
Bentley, DuYall, and Hightower.
N0: Alderman Angeletti .
The rules roe re suspended on the f i r$t reading.
The City Attorney read the Ordinance for the second time.
Alderman Ray nittde the motion, seconded by Alderman DuYall, to
further suspend the rules. Upon rail call vote, the voting was as
follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Wal ker, Wooden,
Bentley, DuYall, and Hightower...
NO: Alderman Angeletti.
The rules were ,further suspended on the second reading.
The City Attorney read the Ordinance for the third and final
time. Alderman Ray made the motion, seconded by Alderman Morris,
to-ada~at the Ordinance on the third reading. Upon roll call vote,
the voting was as f of 1 ows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Wa1 ker, Waodell, '
Bentley, DuYall, and Hightower.
N0: Al de rnaan Angeletti .
Al de rmarc}- Ray made the-...m~~ i an, se cvnded b y AI de rr~ax~~~ ,l~ckson,
to :adopt the em6'1~'Qe7FCCF~ C,IQ~LtSe - seCtl4~"lK l q. Upon roll call vote,
the voting was as fo11 ows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Wooden, Bentley,
DuYall, and Hi ghtower.
ND: Ald~+rman: Walker and Anq~el"~etti.
fine Ordinance and the emergency clause, sectt`on 19, were adopted.
The Ordinance was assigned Ordinance #9A8, which reads as follows:
I rr ,
~ ,
t ,
ORDINP.NCE ItiG. C
~~.
AN ORDINANCE AUTIiCRIZ ING THE ACQUIRING, CONSTRUCTING
P.ND EQUIPPING BY THE CITY CF 4vES'I' NiEriPHIS, ARKANSAS
GF IN'T'ERESTS IN CERTAIN ELECTRIC GENEkA'IING PLANTS
(IDENTIFIED IN THE GRDINANCE AS THE INDEPENDENCE
_ ~ PROJECT AND THE Vv'HITE FLUFF PROJECT) ; AUTI~iORI Z ING THE
EXECUTIGN AND DELIVERY OF P.N ADDENDUM TO GUvNERSHIP
AGREEMENT AND AN ADDENDUM TO OPERF,TING AGREEMENT
PEP.TAINING TO THE INDEPENDENCE PROJECT; AUTHORIZING
' ~ THE EXECUTION AND DELIVERY CF AN ADDENDUM TO
OWNERSHIP AGREEMENT AND P.N ADDENDUM TO OPERATING
AGREEMENT PERTH INING TO THE WHITE BLUFF PROJECT, AND
A'N F~GREEMENT BY AND BETtivEEN ARKANSAS POWER & LIGHT
COMPANY AND 'T'HE CITY OF WEST riEMPHIS, ARKANSAS
PEfiTP.INING TG BOTH THE INDEPENDENCE PROJECT AND THE
WHITE BLUFF PROJECT; AUTHORIZING THE EXECUTIGN AND
DELIVERY OF A P04v~ER COORDINATION INTERCHANGE ATiD
TRANSNIISSIGN AGREEMENT; AUTHORIZING THE ISSUANCE OF
PUBLIC UTILITY REVENUE FONDS UNDER ACT Iv0. 131 OF THE
ACTS GF ARKANSAS OF 1933, AS AMENDED, ACT NG. 132 GF
THE ACTS OF ARKANSAS CF 1933, AS AMENDED, AC^i N0. 297
OF THE P.CTS GF ARKANSAS OF 1937 , AS AMENDED, ACT
N0. 145 OF THE ACTS CF ARKANSAS OF' 1967, AS AMENDED,
AND ACT N0. 5 OF THE ACTS OF P_RKANSAS OF 1979;
AUTHORIZING THE, EXECUTION AND DELIVERY OF AN ESCRGW
DEPGSIT AGREEI~~ENT A.NL THE MAKING GF THE DEPOSIT
i THEREEY SECURING THE PAYMENT CF THE OUTSTANDING WEST
MENiPHIS, ARKANSAS PUBLIC UTILITY REVENUE REFUNDING
AND IrIPRCVEMENT FONDS, SERIES 1976; AU'I"HGRTZING THE
EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING
THE BGNDS; A.UTHGRIZ ING THE EXECL'TICN AND DELIVERY OF
AN OFFICIAL STA.TErtENT; AUTHORIZING THE SALE OF THE
BGNDS AND THE EXECUTION AND DELIVERY OF A BOND
PURCHASE AGREEMENT; AUTHORIZING AND PRESCRIBING OTHER
NiA~l'~l'ER.S PER`T'AINING THERETO; P.ND DECLARING AN
ENIERGENC:Y .
WHEREAS, the City of West riemphis, Arkansas (the "City" )
Awns and operates electric, water and sewer facilities as one
Ingle municipal undertaking, which facilities are controlled,
', operated and managed by the City's Utility Commission (the
i
`s
"Utility Commission"); and ,
WHEREAS, the Utility Commission has made a study of the
needs of the City and its citizens for power and energy for the
present and the future and in connection therewith has caused
to be prepared and analyzed a power supply study by R. W. Eeck
and Associates, a consulting engineering firm with offices in
Denver, Colorado and in connection therewith has taken into
_r_
acount the following:
', (a) The economies and efficiencies estimated to be
achieved in acquiring, constructing and operating the
Projects authorized by this resolution;
\ , ~~
~.
f
a
Y
rr+
~.
i
r
~I
The City's est imG ted recuirements for power and
(b)
m the Project and for reserve capacity and to
energy fro
ations under pcol ing and reserve sharing
meet oblig
asonably related to its needs for power and
agreements re
o which it is or is anticipated to become a party %
energy t
and
he cost of existing or alternative power supply
(c) T
sources ; and
r kansas Power & Light Company ("AP&L") has
WHEREAS, A
a one percent (1 0) undivided interest in
offered the C1tY
'red steam electric generating stations in
certain coal-f 1
ount , Arkansas near P.edfield, Arkansas (known as
Jeffer..on C Y
~~ off Steam Electric Station") and in Independence
the Vvhite El
sas near Newark , Arkansas (known as the
County, Arkan
Electric Station") , and their operation by
"Independence Steam
benefit of AP&L, the City and others, after
AP&L, for the
or the transmission of electricity therefrom to
completion and f
the City; and
Cit roposes to finance the costs to it of
WHEREAS , the Y P
constructing and equipping its ownership
{ i) acquiring,
e White Bluff Steam Electric Station and the
interests in th
eam Electric Station (the City's ownership
Independence St
e hereinafter referred to as the "White Bluff
interests shall b
respectively) , and
project" and the "Independence Project ,
for the paymer;t at maturity of the $ 5 , 390 , 000 ,
{ ii) providing
blic Utility Revenue Refunding and Improvement
outstanding Pu
97 6 dated r5ay 1 , 197 6 , and (iii) financing
Bonds, Series 1
in of certain reserves, and interest during
costs, the fund g
the issuance of public utility revenue bonds
construction, by
- Constitution and laws of the State of Arkansas,
under the
1 ar 1 Act No . 131 of the Acts of Arkansas of
including par tlcu Y
d P=c t No . 132 of the Acts of Arkansas of 1933 ,
1933 , as an~-ende ,
Act No . 297 of the Acts of Arkansas of 1937 , as
as amended ,
t No . 145 of the Acts of Arkansas of 1967 , as
amended , Ac
t No. 5 of the Acts of Arkansas of 1979 {the
amended , and Ac
l
~.
~~
0
f
e
U
n~
E
r
p~
R
ii
a
i
t~
P~
,c ts" } ; and
~vHEREPS, pursuant to and in accordance with the provisions_
the Acts, the City is now prepared to proceed with the
~~nancing as above described and to issue and sell not: to
:ceed $30 , G00 , 000 in aggregate pr incipal amount of its Public
:il ity Revenue Bonds, 190 Sex ies A (the "Bonds") , and_ at a
't effective interest rate to the City not to exceed ten
~rcent (10%) per annum, to provide such financing; and
WHEREAS, the City has made arrangements with E. F. Hutton
Company, Inc., New York, New York, Stephens Inc. and T. J.
~ney & Sons, Inc., both of Little Rock, Arkansas and UMIC,
ic. , N~emphis, Tennessee (the "Underwriters") for the sale of
Ze Bonds pursuant to the terms and conditions of the Eond
irchase Agreement authorized by this Ordinance; and
WHEREAS, copies of the hereinafter described documents
h ve been presented to and are before this meeting;
NOW , THEREFORE, BE IT ORDAINED by the City Council of the
Ca.ty of west Memphis, Arkansas:
Section 1. That on the basis of the study described in
the preambles hereto, the City Council hereby finds that the
acquiring, constructing and equipping of the Independence
Pk of e c t and the White B1 of f Project pursuant to the agreements
authorized in Sections 4 through 9 hereof are necessary and
d sirable and will not result in -the City obtaining electric
p we r capacity in excess o.f the power requirements of the City
f r the present and a reasonable time in the .future .
Section 2. That the acquiring, constructing and equipping
of the facilities of the Independence Project is hereby
aluthor ized .
Section 3. That the acquiring, constructing and equipping
of the facilities of the White Bluff Project is hereby
aluthor ized .
• j Section 4. That there is hereby authorized the execution
and delivery of an Addendum to Ownership Agreement among AP&L,
other owners and the City (the "Independence Ownership
A reement") pertaining to the Independence Project, and the
Ni yo r and City Clerk are hereby authorized to execute , -
a knowledge and deliver the Addendum to Cwnership Agreement for
a d on behalf of the City. The P.ddendum~ to Ownership Agreement
i hereby approved in substantially the form submitted to this
m eting and the Mayor is hereby authorized to confer with AP&L,
a d the other owners in order to complete the Addendum to
i
Cwnership Agreement in substantially the form submitted to this
meting with such changes as shall be approved by such persons
e~ecuting the document, their execution to constitute
c nclusive evidence of such approval.
Section 5. That there is hereby authorized the execution
a d delivery of an Addendum to Gperating Agreement among AP&L,
o her parties thereto and the City (the "Independence Operating
A reement") pertaining to the Independence Project, and the
Ni yor and City Clerk are hereby authorized to execute,
a knowledge and deliver the Addendum to Operating Agreement for
a~d on behalf of the City. The Addendum to Operating Agreement
is hereby approved in substantially the form submitted to this
mjeeting, and the Nayor is hereby authorized to confer with
&L, and other parties thereto in order to complete the
'i1
ddendum to Operating Agreement iri substantially the form
ubmitted to this meeting with such changes as shall be
pproved by such persons executing the document, their
xecution to constitute conclusive evidence of such approval.
Section E . That there is hereby authorized the execution
nd delivery of an Addendum to Ownership Agreement among AP&L,
ther owners and the City (the "P_ddendum to ~r~hite Bluff
wnership Agreement") pertaining to the Wriite Bluff Project,
nd the Mayor and City Clerk are hereby authorized to execute,
cknowledge and deliver the Addendum to Ownership P_greement for
nd on behalf of the City. The Addendum to Ownership Agreement
s hereby approved in substantially the form submitted to this
eeting, and the Mayor is hereby authorized to confer with
PtP&L, ar~d othere owners in order to complete the Addendum to
Gwnersrlip Agreement in substantially the form submitted to this
meeting with such changes as sr.all be approved by such persons -
executing the document, their execution to constitute
t
~T
~~
conclusive evidence of such approval.
Section 7. That there is hereby authorized the execution
and delivery of an Addendum to Operating Agreement among •AP&L,
other parties thereto and the City (the "Addendum to tivhite
B uff Gperating Agreement" } pertaining to the White Eulff
Project, and the Mayor and City Clerk are hereby authorized to
e ecute, acknowledge and deliver the Addendum to Operating
A reemetn is hereby approved in substantially the form
submitted to this meeting, and the Nlayor is hereby authorized
t confer with AP&L and othere parties thereto in order to
c mpl ete the Addendum to Gperating Agreement in substantially
t e form submitted to this meeting with such changes as shall
b approved by such persons executing the document, their
exlecution to constitute conclusive evidence of such approval .
Section 8. That there is hereby authorized tYie execution
arld delivery of Agreements between AF&L and the City (the "West
Memphis Independence Agreement" and the" West Memphis White
B~.uff Agreement") pertaining to both the Independence Project
arad the White Bluff Project, respectively, and the Mayor and
C ~ ty Clerk are hereby authorized to execute, acknowledge and
d liver the tivest Memphis Independence Agreement and -the West
M mphis tivhite Bluff Agreement for and on behalf of the City. ,
T e West Memphis Independence Agreement and the West Memphis
W ite Bluff Agreement are hereby approved in substantially the
~ rm submitted to this n-e e t i ng , and the Mayor i s hereby
~thor ized to confer with AP&L in order to complete the West
~mphis .Independence Agreement and the West Memphis White bluff
;regiment in substantially the form submitted to this meeting
ith such changes as shall be approved by such persons
~ecuting these documents, their execution to constitute
inclusive evidence of such approval.
ar
T~
~~ ~
Pt
C]
tY
Tr
fc
ai
T~
t]
pc
cc
Section 9. That there is hereby authorized the execution
~d delivery of a Power Coerd ination Interchange and _
ansm i ss ion Agreement between AP&L and the City (the
ransmission Agreement") pertaining to both the Independence
oject and the tivhite Bluff Project, and the Mayor and City
{e r k are hereby author ized to execute , acknowledge and deliver
I
~e Transmission Agreement for and on behalf of the City. The
{ ansm i ss ion Agreement is hereby approved in substantially the
arm submitted to this meeting, and the Mayor is hereby
thor ized to confer with FOP&L in order to complete the
ansrnission Agreement in substantially the form submitted to
~is meeting with such changes as shall be approved by such
arsons executing the document, their execution to constitute
#nclusive evidence of such approval.
Section 10. That the issuance of the Bonds is hereby
thor i zed . The Bonds shall be issued in the forms and
a~
denominations, shall be dated, shall be numbered, shall mature,
shall bear interest (at a rate or rates not to exceed ten
percent (10 0) per annum) , shall be subject to redemption prior
tC~ maturity , and may contain such other terms , covenants and
conditions, all as set forth in the Trust Indenture securing
tie Eonds (hereinafter authorized).
Section 11. That for the purpose of providing for the
p yment of the outstanding $ 5 , 390 , 000 Public Utility Revenue
R funding and Improvement Bonds, Series 1976, dated Miay 1, 1976 ,
w' th interest thereon, premium, if any, and Trustee's and
P~ying Agent's fees in connection therewith, that from Bond
p oceeds a cash deposit in sufficient amount therefor is hereby
a tho r i ~e d to be made with the Escrow Bank under and pursuant
t an Escrow Deposit Agreement between the- City and the Escrow
B nk and the Mayor and City Clerk ar e hereby authorized to
e ecute, acknowledge and deliver the Escrow Deposit Agreement
f r and on behalf of the City, and to make the Escrow Deposit
r quired thereby, and the Mayor is hereby authorized to
coomplete the Escrow Deposit Agreement i n substantially the form
s~ibmitted to this meeting with such changes as shall be
a~ proved by such persons executing the document, the execution-
t constitute conclusive evidence of such approval.
Section 12. That the Bonds be sold to the Underwriters
fpr the purchase price and upon the terms and conditions, set
f~rth in a Contract of Purchase to be entered into betwe~e.n the
City, the Utility Commission and the Underwriters (the "Bond
Plurchase Agreement") The Bond Purchase Agreement is hereby
a~proved in substantially the farm submitted to this meeting,
and the Mayor is hereby authorized to confer with the
U derwr iters in order to complete the Eond Purchase Agreement,
a d to execute and deliver the same on behalf of the City in
substantially the form presented to this meeting with such
changes as shall be approved by such persons executing the
dOCUemnt, their execution to constitute conclusive evidence of
s~ich approval.
Section 13 . To prescribe the terms and conditions upon
si
~'
t~
~ c
'~ tl
j I P
i ich -the Eond s are to be executed, authenticated , issued,
:cepted, held and secured, the Mayor is hereby authorized and
erected to execute and acknowledge a Trust Indenture by and
:tween the City and a bank or trust company which will act as
-ustee thereunder, dated as of the date of the Londs (the
ndenture") and the City Clerk is hereby authorized and
.rected to execute and acknowlege the Indenture and to affix
ie seal of the City thereto, and the N~ayor and City Clerk are
~reby authorized and directed to cause the Indenture to be
:cepted, executed and acknowledged by the Trustee. The
ndenture is hereby approved in substantially the form
~bm i tted to this meeting , and the Ntayor is hereby authorized
~ confer with the Trustee and the Underwriters in order to
>mplete the Indenture in substantially the form submitted to
lis meeting with such changes as shall be approved by such
arsons executing the document, their execution to constitute
>nclusive evidence of such approval.
Section 14. 'That there be, and tr~ere is hereby authorized
tie preparation and distribution to various prospective and
actual purchasers of the Eonds of an Gfficial Statement (and-
Preliminary Official Statement) , in the name of the City,
describing the City, the Eonds, the Indenture, and setting
forth such other information as may be determined to be
ecessary or desirable by the Underwriters and the City. The
ayor is authorized to execute such Official Statement on
ehalf of. the City.
Section 15. That the N~ayor and the City Clerk, for and on
ehalf of the City, be, and they are hereby, authorized and
irected to do any and all things necessary to effect the
''~ ~xecution and delivery of the Addendum to Independence
Ownership Agreement, the Addendum to Independence Operating
greement, the Addendum to 4~hite Bluff Gwnership Agreement, the
' ddendum to ~vhite Bluff Operating Agreement, the west Memphis
ndependence and ~~ihite Bluff P.greement, the Transmission
agreement, the Bonds, the Indenture, Escrow Deposit Agreement,
the Bond Purchase Agreement, and the Official Statement, and to
perform all obligations of the City under and pursuant thereto,
' '~~hat the Mayor and City Clerk be, and they are hereby, further
I
~', author ized and directed, for and on behalf of the City, to
xecute all papers, documents, certificates and other
nstruments that may be required for the carrying out of the
uthority conferred by this Ordinance or to evidence the
xercise thereof; provided, however, prier to the,
uthentication and delivery of the Eonds to the Underwriters,
he Mayor shall report to the City Council and the City Council
n the administration of its affairs and to provide a permanent
ecord of the actions hereby authorized shall pass a resolution
etting forth, among other matters, the amount of Bonds issued
nd sold , the purchase price of the Bonds, the rate or rates of
interest for each maturity of Eonds, the amount of pr incipal
nci interest due at each maturity, the Trustee, the Paying
;Agent, the place of payment, the name of the Escrow Bank and
j
~..j
~~
he amount of the Escrow Deposit.
Section 16. That the City Clerk is hereby authorized and
irected to file in the office of the City Clerk, as a part of
.he minutes of the meeting at which this Grdinance is adopted,
'or inspection by any interested person a copy of the Addendum
:o independence Cwnership Agreement, Addendum to Independence
operating Agreement, Addendum to White Bluff Ownership
,greement, Addendum to White Bluff Qperating Agreement, West
iemphis Independence and White Bluff Agreement, Transmission
agreement, Indenture, Escrow Deposit Agreement and Bond
>urchase P,greement presented at this meeting and as finally
executed, and such documents shall be on file as finally
executed, and such documents shall be on file for inspection by
any interested person.
Section 17. That the provisions of this Ordinance are
lereby declared to be separable, and if any section, phrase or
provision shall be any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of
the sections, phrases and provisions.
Section lII. That all ordinances, resolutions and. parts
thereof in conflict herewith are hereby repealed to the 'extent
~f such conflict.
Section 19. That there is hereby found and declared to be
z immediate need for the securing of adequate , reliable and
conomical supply of electric power and energy in order to
rovide electricity and otherwise benefit the public health, ,
afe ty and welfare of the City and the inhabitants thereof , and
he issuance of the Bonds authorized hereby and the taking of
he other action authorized hereby are irc-mediately necessary
or the accomplishing of these public benefits and purposes.
t is, therefore, declared that an emergency exists and this
rdinance being necessary for the immediate preservation of the
t 4
. ,
a
1
ty shall be in force and effect
passage .
1979.
PFROVED:
Mayor
t r
C.- t_s
Mayor Ferguson asked for permission to lease the Old City Shop
for `400 per month with an option to 1 ease ,for another year, after the
initial l2 months lease, and if after one year they had a buyer, they
could sell the shop.
Alderman Angel e t t i made the motion, secanded by Alderman Horton,
to grant the Mayor permiss i on to 1 ease the I d City Shop, with an
~r- option to lease for another year after the initial 12 month lease.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall, and Hightower.
NO: None
The permission was granted.
COMMITTEE REPORTS:
Publ is Works Committee.
Alderman Horton stated that the Utility Commission employees had
requested that Rushing Road, from 8th Street t o the Treatment Plant, be
paved. Alderman Horton also stated that if the Uti1 ity Commission would
furnish the materials needed, that the City would furnish .the Labor and
equipment. Alderman Horton asked that i f i t be the Counc i 1 s wishes,
would Alderman Duvall speak to the Utility Commission about the paving
of the Raad. Upan voice vote of the Course i 1 to have Al de rman Duvall
speak to the Utility Commission, the voting was unanimous.
Budget Committee.
Alderman Morris stated that the Committee had a request for a
transfer of funds in the Data Processing Department, with no change
in the total of the budget.
Increase Maintenance `50.00
Decrease Travel ,~`27jr; 00
Decrease Binding, Printing, Reproduction `,50.00
Decreasel'lembersh i p & Subscri pt io ns `50.00
Alderman Morris made the motion that the transfers be accepted,
Alderman Horton seconded the motion. Upon voice vote of ~t~ Counc i 1,
the voting was unanimous.
AZ derman Morris stated that the Utility Commission requested the
expendi ture, funded by `z 197jr bond issue, for re pair and maintenance of
sewer systems, so that the main on Polk Avenue between Redding and
South Aval vn could be re paired.
Increase Repair & Maintenance50,710.00
Increase Engineering Fee ~`8, 000.00
Alderman Morris made the motion, seconded by Alderman Horton, to
grant the request. Upon voice vote of the Council, the voting was
unanimous.
Alderman Morris stated there wits a request for budget change in the
Police Department.
Increase Regular Salaries & Overtime ,x`84, D00. DO
Increase Fees and Sal ries`5"0.00
Increase Soc°£ctl Securi ty-City ,625.00
Increase HoI iday Pay-Uniformed Employees ~`4,47jr'.00
Alderman Morris made the motion, seconded by Alderman Xorton, to
grant the request for budget changes. Upon voice vote of the Council,
the voting toas unanimous.
Alderman Morris stated that the Budget Committee recommends that
the decision to allocate the Race Tracks funds, Act 8~9, to the Grua
Clubs, be deferred until the next Counc i 1 meeting.
Alderman Morris made the motion, seconded by Alderman Angeletti,
that the decision be deferred to the next Council meeting. Upon
voice vote of the Council , the voting ryas unanimous.
ANNOUNCEMENTS:
Meetings/Conference Room:
Thursday:
.5:00 - Chief Keen
5: 45 - Code enfor emen t
Friday:
5: DO - Fi re Department
5:45 -City Attorney
Monday:
5: 00 -Parks and Recreation
~'uesday:
,5:00 -Street and Shop
Mayor Ferguson requested that the Fire Commissions and Police
Commsssions meet and elect a chairman so that she could work on the
Committees for the following year.
Mayor Ferguson announced that all Council Members and thei r
,families, and Citizens of West Memphis were invited to a musical
presented by the Ministerial Alliance at the Civic Auditorium on
December 16, 199, at 3: 00 p. m.
APPOINTMENTS:
Mrs. Tommy Ca11 ahan, 1403 Ches i re, and Jene va Fitts, 8~5 Do ve r,
were appointed to City Beauriful Committee.
Alderman Ray made the-t.on" than these appointments be confirmed.
Alderman Morris seconded tl~~e.-~ i on. Upon voice vote of the Counc i 1,
L
the voting was unanimous.
Alderman Morris made the motion to recess the meeting until
Monday, December 10, a t ~: ,30 p. m. Upon voice vote of the Council ,
the voting was unanimous.
The meeting recessed a t ~: 40 p. m.
PASSED AND APPROVED this ~ ~~,.______da y of ~~j'~`..~.~...~--199•
.F'e rguson
Mayor
ATTEST
Da t
City Clerk
u'7