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2109ORDINANCE NO. a ~ ~~ AN ORDINANCE EXPANDING THE BOUNDARIES OF REDEVELOPMENT DISTRICT NO. 1 OF THE CITY OF WEST MEMPHIS, ARKANSAS; APPROVING AN AMENDED AND RESTATED PROJECT PLAN FOR SUCH DISTRICT; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, under the provisions of Amendment No. 78 to the Arkansas Constitution and Title 14, Chapter 168, Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Act"), the City of West Memphis, Arkansas (the "City") adopted Ordinance No. 2096, passed and approved on the 24th day of June, 2004 ("Ordinance No. 2096"), which created Redevelopment District No. 1 of the City of West Memphis, Arkansas (the "District") and approved a project plan for such District; and WHEREAS, it is proposed that (i) the boundaries of the District be expanded to include approximately 468.60 acres located in the Clement Norfleet Industrial Park Subdivision to the City of West Memphis, Crittenden County, Arkansas, and (ii) the project plan be amended and restated to include various infrastructure improvements within the district (collectively, the "Project"); and WHEREAS, an amended and restated project plan has been prepared, a copy of which has been presented to and is before this meeting (the "Amended Project Plan"); and WHEREAS, pursuant to and in accordance with the provisions of the Act, a public hearing was held on the date hereof before the City Council on the question of the expansion of the boundaries of the District and on the question of the approval of the Amended Project Plan; and WHEREAS, after due consideration, the City Council has determined to proceed with the expansion of the boundaries of the District and to approve the Amended Project Plan; NOW, THEREFORE, BE TT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. The boundaries of the redevelopment district shall be as follows: Clement-Norfleet Industrial Park as shown by plat recorded in Plat Book 4 at page 463 in the Clerk's Office of Crittenden County, Arkansas. Section 2. The City Council hereby fmds and determines that the real property within the expanded redevelopment district will be benefitted by discouraging the loss of commerce, industry, or employment and increasing employment. Section 3. The Amended Project Plan is hereby adopted and approved. The City Council hereby finds and determines that the amended and restated plan is economically feasible. Section 4. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 5. Ordinance No. 2096, as amended and supplemented by this Ordinance, is continued in full force and effect. All other ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. There is hereby found and declared to be an immediate need for the expansion of the boundaries of the District for the purpose of financing the Project herein described in order to discourage the loss of commerce, industry, or employment and to increase employment in the City. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the preservation of the public peace, health and safety shall be in force and effect immediately upon and after its passage. PASSED: December 2, 2004. ATTEST: ~~ J~. ~~ -,' City Clerk APPROVED: ` ~~,--- ~ s~ --/ Mayor (SEAL) RECEIVED City Clerk's Office ~~F