1016
RESOLUTION ~ laib
OF THE C I TY OF t9EST h2EbiPii I S
ARKANSAS
PREFACE
A RESOLUTION TO PROVIDE WORKERS OF ALL
SUBJECT: MUNICIPALITIES COMPENSATION COVERAGE
FOR THEIR OFFICIALS AND EMPLOYEES'
SPONSORED BY:
DATE OF COUNCIL MINUTES PASSED:
hiONTH DAY YEAR
~~ ~
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RESOLUTION N0. ~ ,~
A RESOLUTION TO PROVIDE WORKERS OF ALL MUNICIPALITIES
COMPENSATION COVERAGE FOR THEIR OFFICIALS AND EMPLOYEES
WHEREAS, Arkansas municipalities are required by Act No. 866
of 1985 to provide workers' compensation coverage for their
officials and employees; and,
WHEREAS, the effective date of the municipal responsi-
bility for funding this coverage is July 1, 1985, and.
WHEREAS, the Arkansas Municipal League is proceeding to
meet the requirements of Act No. 866 by forming a group of
municipalities to self-fund the coverage; and,
WHEREAS, it is felt that self-funding will enable us to
provide this coverage in the most economical manner possible;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the governing body of the City of
West Memphis, Arkansas, directs its Mayor to sign and complete
the Application for Membership in the Arkansas :`iunicipal League's
self-funded workers' compensation program in compliance with
Act No. 866 of 1985.
SECTION 2. That upon receipt of the statement for this
coverage, the Treasurer and/or other proper officials shall see
that it is paid immediately. The Mayor shall be authorized to
require reimbursement to the general fund from the independent
agencies of the City for whom the coverage is provided for their
pro rata share of the expenses.
SECTION 3. It is hereby found and determined that the
workers' compensation coverage as called for in this Resolution
is essential to the continued receipt of general turnback from
the state; and, therefore, an emergency is hereby declared to
exist and this Resolution being necessary for the immediate
preservation of the public peace, health and safety shall be
in full force and effect from and after its passage.
G~/r ~ 1985.
ADOPTED this day of ,
,,
ATTES ~ __ MAYOR
~~~ ~~ 'I~~h'~
MAYOR LE
CERTIFICATE
STATE OF ARKANSAS )
(SS
COUNTY OF CRITTENDEN)
The undersigned, City Clerk of the City of West Memphis,
Arkansas, hereby certifies that the above and foregoing is
a true and complete and correct copy of >,a,~o1b
as the same appears in the official records of said City.
IN WITNESS WHEREOF, I have hereunto set my hand as City
Clerk of the City of West Memphis, Arkansas, and the Official
Seal of said City, on this ~-G„r day of , 19 ff 5' .
.CITY CLERK, CITY OF WEST b1EfiIPHIS
CRITTENDEN COUNTY, ARKANSAS
(SEAL)
MEP~~ORANDUr7 OF INTENT
This D~EMORANDUM OF INTENT is between the CITY OF WEST MEMPHIS,
ARKANSAS, party of the first part (hereinafter referred to as the
"Municipality"), and WILLIAM T. BIDS and PATRICK H. TURNS, a part-
nership doing business as WEST MEMPHIS FENCE COMPANY, party of the
second part (hereinafter referred to as the "Company").
IN CONSIDERATION of the undertakings of the parties .set forth
herein and the benefits to be derived therefrom and of other good
and valuable considerations, receipt of which is hereby acknowledged
by the parties, the Municipality and the Company AGREE:
1. Preliminary Statement. (a) The municipality is a duly
organized and existing city o. the first class under the laws of
the State of Arkansas and is authorized by the laws of the State of
Arkansas, including particularly Act No. 9 of the First Extraordinary
Session of the Sixty-Second General Assembly of the State of Arkan-
sas, approved January 21, 1960, as amended ("Act 9"), to issue
revenue bonds for financing the costs of acquiring, constructing and
equipping industrial facilities (as defined in and authorized by
Act ~) and to lease, sell and/or make loans to finance the same for
such rentals and payments and ul,on such terms and conditions as the
Municipality deems advisable.
(b) In order to secure and develop industry which will furnish
substantial employment and payrolls. (in furtherance of the public
purpose of Act 9), it is proposed that there will be acquired, con-
structed and installed industrial facilities (consisting of lands,
buildings, improvements, machinery, equipment and facilities, called
(the "Industrial Facilities").
(c) The Company has determined that prior to commencement of
acquisition, construction and equipment of the Industrial Facilities,
it must obtain a commitment from the A'Iunicipality that it will issue
revenue bonds under Act 9 as the Company and the Municipality, upon
advice of counsel, shall deem appropriate and make the proceeds
available for the permanent financing of any part or all of the costs
and expenses incurred in acquiring, constructing, and equipping the
Industrial Facilities.
(d) The Municipality is willing to so commit and to proceed
with the issuance of such bonds as and when requested by the Company,
in principal amounts necessary to furnish such permanent financing
subject to compliance with all conditions set forth in Act 9.
(e) The Municipality considers that the acquiring, con-
structing and equipping of the Industrial Facilities, and the
making of loans to finance or the leasing or sale to the Company
of all such facilities as are so financed, will secure and develop
industry and thereby promote the general health and economic
welfare of the inhabitants of the Municipality and adjacent areas.
2. Undertakings on the Part o_f the Municipality. The
Municipality agrees as ollows:
(a) That when requested by the Company, it will authorize
and take, or cause to be taken, the necessary steps to issue
revenue bonds under Act 9, in the aggregate principal amount necessary
to furnish the permanent financing of all or any part of the costs of
acquiring, constructing and equipping of the Industrial Facilities.
In this regard, it is estimated at this time that the cost of accom-
plishing the Industrial Facilities will be in the amount of approxi-
mately $250,000, but bonds will be issued in such amount as shall
be requested by the Company whether that amount is more or less than.
$250,000 (the "Bonds").
(b) That it will, at the proper time and subject in all
respects to the recommendation and approval of the Company, have
the Bonds underwritten and will adopt, or cause to be adopted, such
proceedings and authorize the execution of such documents as may be
necessary and advisable for the authorization, sale and issuance of
the Bonds, the acquiring, constructing and equipping of the Indus-
trial Facilities, the loan to the proceeds of the Bonds to the
Company for that purpose or the leasing or sale of the Industrial
Facilities to the Company (it being understood that the form of the
transaction will be subsequently determined), all in conformity
with Act 9 and any other applicable federal state laws and upon
terms and conditions mutually satisfactory to the Municipality and
the Company.
(c) That the aggregate basic rents or payments (i.e., the
rents or payments to be used to pay the principal of, premium, if
any, and interest on the Bonds) payable under lease, loan agreement
or sale agreement (whichever is applicable) between the 1`~Iunicipality
and the Company, shall be sufficient to pay the principal of,
premium, if any, and interest on the Bonds when due.
(d) That it will take or cause to be taken such.. other action
and adopt such further proceedings as may be required to implement
the aforesaid undertakings or as it may deem appropriate in
pursuance thereof.
L .~
3. Undertakings on the Part of the Company. The Company
agrees as follows:
(a) That it will cooperate with. the runicipality in the
sale and issuance of the Bonds to the end of achieving timely and
favorable marketing thereof.
(b) That it will enter into such lease, loan agreement,
sale agreement or other appropriate agreement with the Municipality
as the Compay will obligate itself to pay to the Municipality rents
or payments sufficient to pay the principal of, premium, if any,
and interest on the Bonds when due.
(c) That it will take such further action and adopt such
further proceedings as may be required to implement the aforesaid
undertakings or as it may deem appropriate in pursuance thereof.
4. General Provisions. (a) This Memorandum of Intent
shall continue in full orce'and effect until the Industrial
Facilities and its financing by Bonds, as hereinafter specified,
is accomplished, and in this regard it is understood that there
may be separate issues of Bonds, and separate series within a
particular issue, with different maturities, interest rates,
redemption provisions and other details. In the case of each
issue, and of each series, the Municipality will take appropriate
action by ordinance or resolution, to sell and authorize the Bonds
and to authorize and execute such agreements and documents as may
be determined necessary or desirable by the Municipality and the
Company.
(b) The P~.4unicipality and the Company will enter into an
{ agreement whereby the Company will make payments in lieu of ad
valorem taxes on the Industrial Facilities, in amounts as agreed
'sir. upon between the Municipality and the Company.
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IN WITNESS WHEREOF, the A4unicipality and the Company
have entered into this D4emorandum of Intent by their officers
thereunto duly authorized, as of the 6th day of June, ,
1985.
ATTEST:
CITY C ERK
(SEAL)
CITY OF WEST P4EMP S, ARKANSAS
BY ~~~ ~! 2J
MAYOR
WEST r~ET~PHIS FENCE COr1PANY,
A Partnership Consisting of
William T. Bius and Patrick H. Turns
WI LIAr~ T. BIUS
PATRICK H . TURNS