Ordinances

ORDINANCE NO.
7
An ordiuace to provide for the keeping in repair streets, alleys, roads,
sidewalks and praks in the town of Mo'Q...'1.tain
Home ,
Hieit ordained by the councd.Lof the incorporated to•.•

rn of MountainHome
••
Sec.• 1. All streets, alleys which have heretofore been, or .shall hereafter
be madea matter of record in the mannerprovided by law, all roads that
ha ve or shall be established in pursuance of law in the town are declared
public higbw"ays;and all parks which maybe madea matter of record in the
mannerprovided by law are declared public parks.
Sec. 2•. The Marshall, as exofficio street commissioner, shall from time to
time in the mannerprovided by this ordinance, all out all persons residing with-
in the town subject to work uponthe streets, alleys, roads and parks, and
. cause them under his d:irection to work as manydays at one time, and as manydays
in each year as he shall deemnecessary, not to exceed three days at ani one
time, nor ten days in any one year.. The road year to begin on the 1st day of
May, and end on the 30th day of April"
Sec. 3.. He shall construct such newside-walks as the council by resolution

maydirect, and see that all side-walks are kept in repair"
Sec•• 4. All male persons betweentne age of l' and 45, whoshall have r-esdded
in the toiP!P-
ten days next before the time he is notified, shall be subject to
work on the streets, side-walks, alleys, roads, and parks within said towne
Proy~dedthe residence for the purpose of this Section of persons having a
family shall be deemedto be where the family reside, and the residence of
other persons where they board.
Sec.• 5.. Themarshall shall give every person required to work upon the
public higl'rilTays,
and parks, at least two days "notice of the time set for work•."
, Such notice maybe given verbally by the marshall or any person appointed by
him for that purpose; or by mailing .sameto his last knlilWIladdress, or by
or by leaving a written notice at the usual place of abode of the person
notifi~d, with a memberof his family over the age of 15 years.. Theperson so
notified to work shall be informed of the time and place to begin; the number
of days he is required to work, and the tools he is required to furnish, if any•.
4/ne;nd~d4:1 ~~d lilt). 2.7'
See•• ,.. Anyperson Q.OtiIiedto work on the public highways,who shall on or
before the day on which he is required to work, pay to the marshall 75¢ 'for
each day he is required to work, or shall furnish a substitute acceptable to
the marshall, shall be discharged from labor, or any penalty on account therefor,
for so muchof the time as he shall pay, or his substitute shall labor e-
Sec•. 7.. All the officers of'the corporation shall be exemptfrom street labor
during their term of office •.
Sec..... Anyperson rufU8:.mgFto colripry,or violating any of the proVJisions;

of this ordinance shall be deemedguilty of violating an ordinance, and upon
conviction thereof shall be fined not less that ten dollars, nor more than.twen.ty-
fi.ve dollars •.
Sec,' ,.. This ordinance to take effect from and after publication •.
AdoptedJuly 2, 1••••.
D. Brooks, Mayor
I. R. Luther, Recorder
ORDINANCE NO.2'
An ordinance to provide for side-walks in the incorporated town of
MountainHome.
B:eit ordained by the couned.L'ofthe incorporated town of MountainHome,
Sece I It shall be the duty of all persons owningproperty adjacent to the

public square in the town of MountainHometo build and keep in repair such
side-walks as the council of said town shall by resolution and ordinance
from time to time direct" .
Sec. 2. Such side-walks shall be eight feet wide and built on a common
'grade
on the several sides of said public square.
Sec. 3. That said grade shall be made of stone curbing with earth and gravel,
or earth and stone filling •.
Sec. 4. Said side-walks shall be built of such material as a majority of

the board shall direct.
Sece 5. Said grade shall be built at the -EXpenseof the property owners
owningproperty adjacent to said square" Provided that no one shall be
required to build the same further than his ownproperty"
Should anyone fail or refuse to build said grade or side-walk'
within one monthafter notice of the action of the council in ordering the
sameto be done, shall have been served on him or them, then the couned.L may
by resolution cause the sameto be done by contract let under the direction of
the street commissioner, and charge the expense thereto to said property
owner, and the sameshall becomea lein upon said property to be recovered
and enforced by proper action •.
Sec. ,.. Tne notice provided for in Sec. 5 shall be 'iss~ed by the Recorder
and state the work he is require~ to do, giving the date of resolution or action
of the board of aldermen, and shall be served by the marshall delivering a
copy of the sameto the property ownernotified.. Andin case of non-resident
property owners, said notice shall be served by posting a copy of said notice
in a conspicous place on said property.
Sec. 7.. This ordinance to take effect from and after its publicatiort e
AdoptedSept. 7, 1•••••
D. Brooks, Mayor
I. R. Luther, Recorder
~J:.~~~.3~
--.~.""".
An ordinance to provide for keeping persons charged 'With
ordinances••
He it ordained by the council of the incorporated town of MountainHome"
Sec. 1. That whenany person shall be arrested for the violation of any
ordinance of the incorporated town of MountainHome,it' shall' be the duty
of the officer makingsaid arrext to take the person arrested before the
Mayorfor trial, and -it shall be the duty of the Mayorto .fix a sumat which
the party charged shall be admitted to "~'ail during the pendencyof the
••••1>
prosecution.
Sec•. 20 That should the party charged fail or refuse to give bail provided
for in Sec. 1, it shall be the duty of the mayorto issue a committment
commanding the officer to co~tt the defendant to jail during the prosecution.
Andit shall be the duty of the officer makingthe arrest to deliver the
defendant to the jailor to be by him kept subject to the order of the mayor.
Sec. 3. This ordinance to take effect and be in force from and after its pub-
lication"
AdoptedFeb. 4, 1'"
D•• Brooks, Mayor
C. A. Eatman, Rocorder
NO. 2:7
ORDINANCE
An ordinance to amendSec. , of Ordinance No•• 7
Be it ordained by the council of the incorporated town of MountainHome,

that Sec.• , or Ordinance No •. 7 be amendedso as to read as follows:
Sec. 1.. Anyperson notified to work on the public higmJl/"ays,

streets and
parks whowhall on or before the day on which he is required to work, pay to
the Marshall $l.N for each day he is t-equired to work, or shall furnish a
substitute acceptable to the Marshall, shall be discharged from Labor, or any
penalty on account thereof for so muchof the time as he shall pay, or his
substitute shall labor ••
Sec.. 2.. This ordinance to take effect from and after tis publication .•
J:. B. Simpson, Mayor

W. F. Eatman, Recorder
An ordinance to tax dogs and bitch dogs in the incorporated twon of Mountain
Home,.Baxter Bounty, Arkansas and describing the penalty for the violation there-
of by the owners; and also the taxation of all dogs and bitch dogs.•
He it ordained by the Council of the incorporated town of MountainHome;

Baxter County, Arkansas;
Sec.• 1" There shall be collected on every dog ownedor kept in the incorporated
tQwnof MountainHome,Arkansas over the age of three months; a tax of $1•.If)
per annum;the year ending the 31st day of December,1'15 and every year there-
after .•
Every person owningor keeping such dog shall apply to the Recorder
of said town, and on paymentof the said sumof $1.. shall receive a receipt
for said sum, and shall be furnished with a tag showingthat said sumhas been
paid.. Every person keeping a dog or dogs:subject to t his tax in said IncorporatedI
town of MountainHome,Arkansas, without paying such tax, shall be subject
to a fine of not more than $HJle (tI provided that no person shall incur this penalty
until five days after they have been notified by the town Marshall, of their
liability to pay said tax, and a failure thereafter to pay the samee
Sec•. 2.. There shall be collected on every bitch dog ownedor kept in the
-- Incorporated town of MountainHome,Ark., over the age of three months, a tar
of $2." per annum, the year ending as in Section 1 and every year thereaften;
and every owneror keeper of said bitch dog shall apply to the Recorder of
said Incorporated "townof MountainHome,A:rkansas, and on the paymentof
shall receive a receipt for same and shall be furnished with a tag showing
that said sumhas been padd; The provisions and penalty as provided dn Section
1 of this Ordinance shall apply to this Section"
Seer •• 3.. 'llhat where dogs are found about premises in said Corporation on which
no tax has been paid as is required by this ordinance in Sections 1 and 2, it
shall be the duty of the Marshall of the said Incorporated to'ill'Ilof Mountaim
Home,Arkansas, to verbally notify the person in charge of said presmies to
comeforward and pay said tax, unless said person in charge of said pra~ses
shall disclaim any ownership in said dog, or bitch dog, by hmself or any
memberor- his family where so notified; or shall fail for five days aftel'r'
said notification to pay tax on said dog, he shall be guilty of violating
this Ordinance, and punished by;a fine not to exceed $11••1' ,N
Se~. 4. That if the owner of said premises or persons in charge thereof shall
disclaim any interest in said dog or bitch dog or disilaim thereto by himself
or any memberof his family whennotified by the Marshall, then it .shall be the
duty of the Marshall to take charge of said dog or bitch dog and keep him or her
in someconvenient place in the town of MountainHome,Arkansasi for a period
of twenty-four hours; and if during that time no person will pay the t~ on
said dog or bitch dot, then it shall be the duty of said Marshall to kill said
dog or bitch dog and removethe carcas beyondthe limits of said town.
Sec. 5. It shall be the duty of the Recorder of the Incorporated Townof

MountainHome,Arkansas, to procure the proper numberof tags for the dogs
subject to taxation in said town, and that he furnish the sameto all whoapply
Qn or before the 2~h da;roof July, 1'15, for -such tags at and for the sumof
'l.~~ for each dog, and '2 ••0e for each bi.t.chdog subject to tax in said
Incorporated town, and that it will be the duty of the l-f.arshall for said town
to collect the tax from all persons whofail to oprocure from the Recorder the
tags aforesaid or to take charge of and kill or otherwise dispose of said dog,
for which he shall be allowed the sumof 25 cents for eqeh tax so collected,
or each dog killed or disposed of according to said Ordinance•.
Sec. That this Ordinance take effect and be in force from and after it$
publication.
W. R. Campbell, ¥4yor
.Ii. L. Cowan,Recorder.•
Re peiOtLed by 6Q..d.
An Ordi:aanceentitled
anc'Or-ddnance
Authorizing the Ccnst.ructdon, Main-
t enance and Operation of a Telephone $ystemforall
purposes L"1 the Townof
MountainHome,Arkansas, state", .
Be it ordained by the Council of the incorporated t01tffiof MountainHome,

Baxter Cqunty, of the state of Arkansas, an ordinance entitled an ordinance
authorizing the construction, maintenance and operation of a Telephone system
for all purposes, in the town of MountainHome,and the state of Arkansas.
Sec. 1.. ~e permission, consent, and the authority be and the same are hereby
granted and given by the couned.Lof the Incorporated town of MountainHome,
h~reinafter designated as party of the first part, unto Mrs"W. M.• DeLappj
LeonW. M:i.:J2er,and JFosephWard, operating under-the nameof the Interstate:
Telephone Company,their successors and assigns hereinafter designated a~
the party of the second part, to locate, maintain, construct and operate a tele-
phone system for the purpose of receiving and conveyingmessages and fOr all
other purposes pertaining thereto, in and for the town of MountainHome,in and
over-the streets, alleys, ~onnds or parks, within the incorporated
limits of said town and the use of peles, wires, cables and other structure~
necessary to construct erect and maintain and use all mechanical appliances
necessary-and suitable for the constr~ction, maintenance and operation of a
telephof!,esystem and to include the use for all purposes in any part of town,
and the said poles, wires and cables and any other necessary or suitable
appliances maybe erected in, over, and thru the streets, alleys and.highw-ays
of said town, all of which is subjeqt to the provisions and restrictions here-
inafter in this ordinance set out and provided and the rights and provt.Leges
hereby granted are extended over a period of ninety-nine years from the date
.of the passage of thsi ordinance"
Sec" 2. Said party of the second part in erection of all for the stringing
of wires, shall set such poles against the curb, true and straight, to the -
said lines inside of such curb in the outer edge of the sidewalk said poles to
be of uniform heighth, properly dressed and smoothedas nearly as possible,
their setting to be adjusted to give free access to the abutting property and
shall in no way be set so as to obstruct the entrance to passage thru to alleys,
and in setting said poles, the excavation thereof shall be well filled and
tampedand set and maintianed at a perpendicular and uniform heighth at all
times as nearly as possible and so as not to obstruct any water say. and to
conformto other walks whenthey are placed" All cross wires shall be ex-
tended not less that (12) twelve feed above the ground except whennecessary
to under bridg~s and other obstructions. All rights herein granted
shall be. so constructed so as not to interfere with the free use and enjoyment-
o~ valid and eyistL~g rights heretofore granted to other persons or corporations.
The poles and lines herein contemplated shaLl.be constructed, maintained and
operated so as not to interfere with any existing light wires or other wires,
nowexisting beyondthe extent necessary for the construction and operation
of the Inter-State TelephoneSys:tem~'
Sec. 3. The said party of the first:r;part orders for the safety and protection
of ijuman life and property and no T~lephone, Telegraph, electric light wire
or other electrical wires, poles, guywires cross arms or other fixtures used
in building, constructing maintianing, or operating other lines shall not be
placed, constructed and maintained nearer th~ • feet of the lines nowin
use, or that may hereinafter be built and used by the Inter-State Telephone
Company.
Sec, 4.. Andthe party of the first part shall have the right to the free
use without rental or charge any of the poles erected by the party of the
second part under this ordinance for Fire alarm or Police electric alarm which
it mayhereafter adopt for its ownuse, provided that said use shall not
-interfere with the use of said poles by the party of the second part ••
The party of the second part mayuse for the support of their wires II
cables and other appkiances the poles or masts of any other companyor person
that maynowor mayhereinafter be maintained in said to.."n, provided such
other persons or companyshall consent thereto"
Sec.. 5" The right to trim or cut trees shall be vested in the town counciJ.
and permission shall be obtained therefrom in every case where it is considered
necessar.r to cut down, removebranches, or limbs from any of the trees on
~he public streets.
Sec. e. It is further provided that the Inter-State TelephoneCompany,its

successors and assigns, shall not be chargeable with any corporative or
privilege tax on the poles or conduits bearing the wires of said Company•.
Sec. 7.. It is hereby provided that the said party of the second part shall at
all times, fcdthfully perform their duty and shall furnish to the inhabitants
of MountainHome,a good and reasonable service according to the exegencd.es
and ciz-cumst.anaes of the occasion overlooking the acts of Godonly, as an
excuse not to per-formsuch service" .
Sec.... 'll.hisordinance shall take effect and be in force from and after
its passage and publication.. All ordinances or parts of ordinances hereto-
fore in effect in conflict with this ordinance are hereby repealed.
Givenunder-our hands this the 2~h day of November1,2(1.
J" L. Cowan
Acting Mayorand Recorder.•
& it ordained by the Council of the Incorporated !won of Mountain

Home,Baxter County, of the State of Arkansas••
An or-dtaance entitled an ordinance authorizing the construction, maintenance

and operation of an Electric PowerSystemfor all purposes, in the Twonof
MountainHome,and the State of Arkansas.
Sec.l The permission, consent and the authority to be and the sameare
hereby granted and given by the Council of the Lnccrporat.ed Townof Mountain
Home,hereinafter designated as the party of the first part, unto Wyatt H"
Wolf, operating under the nameof 'IDleMountainHomeElectric Company,tn,eiJr
successors and assigns, hereinafter designated as the party of the second part
to locate, maintain, construct and operate an Elect1"'.ie
•.PowerSystem for light
Flowerand all other pupposes in and for the t ownof MountainHl.omein and over
the streets, alleys and public grounds or parks, within the Incorporated limits
of said town and the use of poles, wires, cables and other structures neceasary
to construct, erect, and maintain and use all the mechanical appliances
necessary and suitable for the construction, maintenance and operation of
an electric system and to include the use of electricity, for all purposes
in any part of twwnand the said poles wires and calbes and any other necessary
or suitable appliances maybe erected in, over and t.hrough the streets, alleys
and highwaysof said town, all of which is subject to the provisions and re-
strictions hereinafter in this ordinance set out and provided, and the rights
and privileges hereby granted are extended over a period of (31) thirty years from
the date of the passage of this ordiaaace.
Sec. 2. Said party of the second part, in the erection of all poles for the
stringing of wires, shall set such poles against the curb, true andstfuight a
to the line inside of such curb in the outer edge of the sidewalk, said poles to
be of uniform height, properly dressed and smoothedas nearly as possible,
their setting to be adjusted to give free access to the abutting pro})erty and
shall in no waybe set so as to oillstruct the entrance to the passage thru the alleys
and in setting sa.td poles, the excavations thereof shall be well filled and tamped
and set and maintained at a perpendicular and uniform height at all times as
nearly as possible and so as not to obstruct any waterwayand to conformto the
other walks whenthey are placed. 0 '
All cross wires shall be extended not less t.han sdxteen (1') feet above
the ground except whennecessary to pass under bridges and other obstructions.
All rights herein granted shall be so Construed so as not in any mannerinter-
fere with the free use and enjoymentof valid and existing rights heretofore
granted to other persons or corporations. The poles and lines herein contem-
plated shall be constructed, maintained and operated so as not to interfere
with any existing telegraph, telephone or fire alarm wires beyondthe extent
necessary for the construction and operating of an electric system.
Sec" 3. Said Grantees, their successors or assigns, shall not const.ruct, or

maintain any building house or shed of any kind or character in or upon the streets
of said town, without the consent of the town council••
Sece 4.. Andthe party of the first part shall have the right to the 'free use,
without rental or charge, any 6f the poles erected by the party of the 'second
part, under this ordinance, for fire alarm, telegraph or police electric alarm
which it mayhereinafter adopt for its ownuse, provided said use sr~ll not
interfere with the use of said poles by the party of the second part.
The party of the second part mayuse for the support of their wires, '
cables and other appliances the poles or masts of any other companyor persons
that maynowor mayhereinafter be maintained in said town, provided such other
persons or companyshall consent thereto. /
Sec.• 5. The party of the second part, its successors and assigns" shall have
the right during the contdnuanceof thdasordinance, to fix a minimum. char-ges
of ~ Dollars ($2.•10) per monthfor each customer'or place served regardless
as to whether the meter shall register to that amountor not.
The party of the second part shall have the right to charge on meters a
rate not to exceed ~enty cents (2$¢) per kilo\~tt hour for the first ten kilo-
watt hours used per month,'Fifteen cents (15¢) per kilowatt-hour for the second
ten kilowatt-hours used per month, Twelveand one-half (12~ per • pwatt-
hour for the third ten kilowatt-hours used per month, Ten Cents ( per kilo-
watt hour for amountsused betweenthi~~y andtwC:>ihundred fi tty kilowatt-hours
per month, and Eight cents (,¢) per kilowatt-hour 'for all amountsused in
excess of two hundred eighty kilowatt-hours per mont~. It is further ordained
that the party of the second part shall not be compelledto serve any customer
on what is knownas a flat rate unless they shall choose to do so.
It being understood that the party of the second part shall at all times,
sell its electricity at as low a rate as is consistent with sound business
principles and a fair return of profit.. Andthe right is herein granted to the
party of the second part, its successors and assigns, to makeany needfUl rules
and regulations for its protection and for preventing waste and wrongfUluse
of electricity, or other commodityfurnished by the party of the second part, its
successors and assigns.
Sec. ,,, The right to trim or cut trees shaLl be vested in the town Council and
permission shall be obtained therefrom in every case where it is considered
necessary to cut down,removebranches or limbs from any of the trees on the
public streets .•
Sec" 7.. It is further provided that the MountainHomeElectric Company,its

successors and assigns, shall not be chargeable with any corporative or privilege;
tax on the poles or conduits bearing the wires of said plant.
Sec.'o Said party of the second part, its successors and assigns, shall not be
required to serve customers, where the samewouldrequire the building of an
- extension to the lines of more than (5llllllll)
five hundred feet"
Sec•• ,. In granting this franchise it is further agreed that after ten (H!l) years,
the TOlltuof MountainHomemaytake over the MountainHOme Electric Company·S3
equipment, complete at a price agreed upon by the owners of the Mountain~me
Electric Company and the town of MountainHome. In case of a disagreement om
the price, then an electrical expert, one to be employedby each party, and said
exper-ts to select a third disinterested expert, and said experts shall agree upon
the value of said property and it shall be sold to the town of MountainHome
at this price"
Sec.• II.. The party of the second part agrees to furnish electricity to the public
and denominational schools and churches of MountainHomeat the regular meter rates,
said schools and churches to be chargeable only with the amountsactually regis-
tered by the meters ••
Sec. 11. The MountainHomeElectric Company its successors and assigns, agrees
to furnish electricity to the town of MountainHome,for the lighting of streets
alleys, parks and other public places, at a rate not to exceed Ten Cents (l.¢)
per kilowatt-hour" The town of MountainHomeagrees to furnish all necessary
f~es and street lamps of the series are multiple Lncandeecent; type. The party
of the first part maycontract with the party of the second part, for the-
lighting of its streets, for the period of this ordinance, and the party of the
second part its successors and assigns shall from time to time as the party of
the first part may see fit, extend its lines, so as to take in such additional
street lamps as the town Council shall order, whenever such extension shall call
for not less than six lamps, of the size and candle powerfurnished in other
parts of the town, tQ each mile of such extension. The party Qf the second part
its successors and assigns, shall locate all street lights as directed by the
t6~n council of the town of MountainHome ••
Sec" 12" Wheneverone hundred and thirty homes, stores and offices in Mountam
Homeare using electricity during any month, the rate for the first ten kilowatt-
hours used shall be Seventeen and one-half cents (17~) per kilowatt-houIr and when-
ever one hundred and thirty homes, stores and offices in MountainHOme use an aver-
age of 15 kilowatt-hours or more in one month, the minimumcharge to all customers
in MountainHomewill be OneDollar and seventy-five cents ($1.75) for that'month.
Whenevertwo hundred homes, stores and.offices in MountainHomeare using
electricity during an;ymonth, the rate for the first ten kilowatt-hours used will
be Fifteen Cents (15¢) per kilowatt-hour and whenevertwo hundred homes, stores
and offices in MountainHomeuse an average of 15 kilowatt-hours or more per
month for any month, the minimumcharge to all customers in MountainHomewill
be OneDollar and fifty cents- ($l ••S') for that month••
Sece 13.. The lights and powerfurnished by the party of the second part, its
successors and assigns, shall be furnished from early candle light, until
eleven o'clock Pe M••and until twelve otclock midnight on special occasions,
whenrequested by the council, and the party of the second part its successors
and assigns, may, if they see fit, operate their plant as manyadditional hours
as will best suit the business so undertaken"
Sec.• 14.. The party of the second part, shall have completed and in operation
said electrib pow~rsystem, within 128 days from the pa..5sa.ge of this ordinance
and upon failure to do so this francr..ise shall becomen~'li)and void, at the- op'~ion
of the party Iihfthe first part, and provided further the party of the second
part shall at all times faithfully perform their contract and shall furnish to
j
the inhabitants of MountainHomea good and reasonable service, according to the

t-ermsof· this franchise, over-looking the acts of Godonly, as an excuse for the
failure to provide service for a period not to exceed 3' days and upon their
failure to do so, this franchise shall becomenull and voidl at the option of
the party of the first part"
Sec" 15. This ordinance shall take effect and be in force from and after its
passage and publication. All ordinances or parts of ordinances heretofore in
effect in conflict with this ordinance are hereby annulled.
Passed by the Council of the Incorporated Townof MountainHome,Arkansas,
this the 23rd day of October, 1,22.
J. L" Cowan,
Recorder and Acting Mayor
An ordinance to Rrevent the running at large of horses and other an:iJ:nalswith-
in the Incorporated Townof MountainHome,Arkansas:, that t
Be it ordained by the Council of the Incorporated Townof MountainHome,

Arkansas, that:
Sec.. 1. After pUblication and going into effect of this ordinance, all persons:
owning cows, bulls, calves, horses, mules or that are or maybe found
running at large within the Incorporated town limits of the Incorporated
Townof MountainHome,Arkansas, are hereby and by this ordinance ane required
to take up such animal or animals and keep the same confined on their ownpremises
or beyond theil~mits of said town, so as to prevent the same from running at
large inside of the corporate limits of the town of MountainHome,Ark.•
Sec. 2. It shall be the duty of the Mars1"..allof said town to ,take up such
animals as described in Section 1 of this ordinance whenthe samemaybe found
running at large inside the corporate limits of the town of MountainHOme" and
keep and feed, water and othens-ise care for the same at the expense of the owner
thereof until said owner thereof, shall appear and pay the said expense of taking
up, feeding and otherwise caring for said animals or animal and take it or them
beyond the p.mits of said to'Wnor to his or her premises in said town and there
confined••
Sec. 3.. It shall be the'duty of said Mars:bAllimmediately upon the taking up of

any such animal or animals to post written or }i)rintednotices in th-I"eeof the
most conspicuous places in said to'Wn,one of which shall be at the door of the
court house in said town, giving an accurate description of the animal or animals
so taken up and to notify the owper thereof, that unless such owner shall appear
before the day of sale, which day shall be namedin said notice, and which shall
be not less than ten nor more than twenty days from the taking up and reclaim
said animal or animals and pay all legal charges incident to or occasioned by said
taking up and caring for, that he will on the day namedin the notice proceed to
::te11such property at a place namedin, said notice to the highest bidder for cash
_in hand to defray the expenses of taking up, keeping and otherwise caring for
such animal or animals••
Sec•. 4.. It s1".a11be the duty of the Marshall of said town at the time and place
menf.!ioned in the notice provided for in Section 3 of this ordinance to offer
for sale and sell such animal or animals to the highest bidder for cash at public:
vendue, between the hours of '0 I clock in the forenoon and , o·clock in the after
and out of the proceeds of such sale to pay first the costs of taking up,
!\.<::~::;IJ.l.LJl.!'. and selling such property; and the r-esd.deu , if ar.y, to be paid to the
owner of such animal shoulc he appear and claim same; Provided however, that
should no owner appear, or the owner of such animal be unknownto the Marshall
aforesaid, to the treasurer of said tow and take his receipt therefor e
5•. ,4g'afR~{ha4l' f'£'~A{,~.~fowed fees for his services under this ordinance
"See ••
as follows:
Taking up, each animal, 5@ cents.
Advertising, each sale, 5@ c~tse
Feeding and watering such animal taken up 75 cents for each dayo
For holding each sale, 5' cents.
Sec•. ,,, That this ordinance be in full force and effect fronr and the 1st
day of April, 1'2'.
First published March 21, 1'2' NTo C.

J. L.
v
An ordinance entitled, an 6rdinance authorizing the constr-Ll.ction, main-:;- "
t enance and opez-at.Lon of a Telephone To]J. Line only and £0J;,' all purposes incident
thereto in the Incorpoor?ted To·..,'71 of Mountain~() A.rkansas;"
it enacted by the town Council for the Incorpcrat.ed TO;;ffi

of Mountaiml
Home,Arkansas, the ordinance above entitled.
Sec. 1.. That whereas, the Ozark Central Telephone Company of 1'11 Pine Stree t
St. Louis,' Missouri, have applied to the TownCouncil for a franchise to locate,
maintain, construct and operate a telephone toll line in said Incorporated ToWlm
and to do and perform all things the same concerning, such application not being
for general telephone purposes other than are incident to entering t heredn for
the one purpose, said telephone companyknownherein as the 'I!elephoneCompany •.
Nowpermission, consent and authority are hereby grantea by the said Town
Couned.Lto the Telephone Company,their successors and assigns, to enter said
town and to conet.ruct , operate and maintain such toll line along the streets,
alleys and highwaysof said Town,and be permitted to use such ,oles, cross
arms, wires, conduits and other constructions such as are needful and necessary
to the proper operation of such toll line, and said toll line to connect with
the nowexisting local switchboard only••
Sec•• 2.. Anyand all pOles shall be set next the curb true and to the inside
line of the curb, the poles to be smoothed, of uniform height and set so as to
give free access to adjoining properties and in no case to obstruct any entrance
to any property, in the Town,not to obstruct any waterways and all wires to be
as muchas twelve feet above the ground unless otherwise required to pass over-
head obstructions ••
Sec••30 No. poles, wires or other appurtenances shall be placed or located so

as to endanger the life of any person, and not nearer to any electric current wire,
or existing telephone wire than is practical and customary in building such
utilities ••
Sec. 4. The said Townshall have the right to the free use of any poles of the
Telephone Company for city fire alarms or police alarms and appliances of that
natures so as not to interfere with the use 'of saae, Tne Telephone Company may
use the poles or appliances of any other tel!ephone comp<;nyWpe-mission of the
other company ••
Sec.• 5. The right to cut and trim trees on town streets alleys or highways
shall be vested in the Townand the Telephone Company shall obtain permission to
do so.. The 'lI.elephoneCompanyshall not be charged with any corporative or
privilege tax on its line and the appurtenances;Meif!g chargeable with curren'ti;,
town, state and taxes as other property ••
Sec.•• e It is required that the 'lfeLephoneCompany shall at all times faith-

f~ discharge the duties of such utility and to furnish their best service as
is reasonable, overlooking the acts of Gode
Sec, 7.. This ordinance shall take effect and be in force from and after its
passage and publication, and is in nowise exclusive in its nature .•
He n, Eaul, Mayor
.r.. L.. Cowan,Recorder
ORDINANCE
NO. .1
An ordinance. to regulate license or privileges •.
Be it ordained by the Council of the Incorporated Townof 1<1ountain
Home,
Arkansas••
Sec••1.. The fiscal year shall begin on the first day of May, and end on the.
31th day of April.. Andall license issued under the provisions of
ordinance shall expire on the 30th day of April" after the issue thereof, provided
t-hat a license may issue for any part of the fiscal year on which shall be collected
such license tax in proportion to time., Such privileges maybe exercised ~ the
applicant"
Sec.• 2. There snall be levi~d and collected on each peddler or hawker $2.5' per
On each sleight of hand show .5....

day., On.each traveling troupe of five, more or less, persons, $5" per day.
per day,,~On eerchcircus not to exceed $15,,"
per day.. For each day any person that shall be engaged at selling any goods, wares
or any valuable thing at auction $5 per day••
See'" 3.. Peddler or hawkerdefined:

Whoevershall engage in selling goods, wares, or merchandise of any
discription, other than articles grown, produced or manufactured by the seller
himself or those in his employ, by going from house t9 house or place to place,
to sell, the sameis declared to be a peddler or hawker••
Sec. 4... lIroperson shall be taxed for selling fruits, berries, melons, potatoes,
cabbage or other vegetables produce;;~ or grownwithin the state of Arkansas or
exchangedby any person whomsoeverin any mapner or any quantity, but
persons whomsoeverengaged in the sale of any fruit or vegetables grown
outside the state of Arkansas shall pay a privilege tax of $3,,50pei dV-"
Sec•. 5. Befor-eany person shall be authorized to exercise either of the priv.--

ileges enumerated in this ordinance, he shall pay to the marshall the amount of
tax on such privileges and take his receipt of the same, which receipt whenfiled
with the recorder shall entitle such person to a license to exercise such priv .•..
ileges which license shall be issued by the recorder.
Sec.... Anyperson who shall exercise any of the privileges enumerated in this;
ordinance without procuring the license provided hereof shal~be de~edguilty
of violating an ordinance, and on conviction shall be fined not less than five
nor more than twenty-five dollars ••
It is hereby declared that if any of this ordinance is in conflict with the
laws of the state of Arkansas or the Constitution of the state of Arkansas that
the same shall not void any other part of the ordinance•.
Sec. 7. All ordinances in conflict herewith are hereby repealed.
Sec" This ordinance to take effect from and after its pUblication"
HughPaul, Mayor
J. L. Cowan,Recorder.
o ( A portion superseded by Ord•..No. 114)
An OrdiBanceregulating the operation of i1el".icleson the Public Streets '.

and Highwayswithin the Incorporated Townof MountainHome,Arkansas~ and
Providing for Traffic Signs and Signals, and the Enacting of the HighwayLaws
of the State Of Arkansas as the LawsRegulating Traffic upon the Streets and,
Highwaysin the toWnof l-fountainHome,Arkansas••
Be it ordained by the Couneil of the Incorporated Townof Mountain Home

,
Arkansas, That:
Sec" 1.. It is hereby declared a nuisance to run an automobile, jitney» jitney

bus, truck or other vehicle at a greater.rate of speed than 20 miles per hour,
within the Incorporated Townof MountainHome,Arkansas" And hereafter it shall
be declared unlawful for any person or persons, firm or corporation, to run an
automobile, jitney, hitney bus, truck or other vehicle at a greater rate of
speed than 20 miles per hour within the Incorporated TownofMotL~tain Home,Baxt!r
County, Arkansas, and any person or persons, firm or corporation violating the
same shall for each and every offense, upon conviction thereof, be fined in any
sumnot less than $l.eO nor more than $25•.00.•
Sec•• 2" It is hereby declared,a nuisance and it shall be unlawful for any
driver of any of the above mentioned vehicles, while within the Incorporatedi
Townof Mountain Home,to fail to stop mementarily, whenapproaching the Stop
Signs, and to fail to reduce the speed to 15 miles per hour, approaching the
Slow Signs, while within the Incorporated Townof }'fountainHQlIle, Arkansas0 Any
driver of the above mentioned automobiles, ljitneys, jitneY/1:l'll:S~s, other
vehicles violating any of the provisions of this section, upon
of, shall be fined in any sumnot to exceed $25•.00 for each and every 0.t'1t"erlse.
Sece 3. Noperson shall park a motor vehicle or permit it to stand, whettJ,er,

attended or unattended, upon a highwayor Public Street witl1in.the Incorporated
Twonof MountainHome , Arkansas, in front of a private drivew-ay,or within 25
feet of the intersection of curb lines or if none, within 15 feet of the inter-
section of property lines, at an intersection of the Public Streets of the
Incorporated Townof MountainHome,Arkansas. It shall be unlawful for any person
firm or Corporation to leave any vehicle parked or standing upon the Public Streets
of the, Incorporated TOwn of Mountain Heme , Arkansas,_from 12· 0fclockmidnight J
until sunr-Lse, . Anyowner of any of the above mentioned automobiles, jitneys"
jitney Buses, trucks or other vehicles, violat~g any of the provisions of this
section, upon conviction t.her-eof', shall be fined in any sumnot to exceed $25.0€l
for each and every offense"
Sec" 4" It is hereby en~cted by the Incorporated Townof Mountainffome,~rkansasJ

that all the laws regulating the operation of vehicles upon the highways of the
State of Arkansas and providing for traffic signs and signals and defining the
power of local authorities, to enforce ordinances, rules and regulations, in
regard to all matters of. the enforcement of higb1"aylaws, that the samebe adopted
by the Incorporated Townof MountainHome,Arkansas, and that said laws and regu-
lations shall apply to the operation of vehicles, upon all the Public Str,eets of
the Incorporated To"Wn of MountainHifle, Arkansas, except wherein they are modified
by the provisions of this ordinance.
1, 11
-''- _.l
Sec•• 5.. If for any reason any pr-ovasaon or part of same, of this or-daaance,
shall be declared unconstitutional, it s~all not affect the reawJnder of this
ordinance, but the oridnance, in so far as it is not in conflict with the con-
stitution shall be suffered to stand"
Sec, ,. That all ordinances and parts of ordinances in conflict here .••.
'ith are
h~reby repealed, and this ordinance ehaLl, take effect from and <after its first
publication.
This the 13th day of May, 1931.
Hugh Paul, ¥.ayor
~. L. Cowan, Recorder.
-NOTICE
N"otice is hereby given that The Incorporated Townof Mountain Horne,Ark-

ansas, has adopted the ordinance hereinafter set out; that the said Towncontem-
plates the issuance of the bonds descr-Ibed in said er-ddriancej and that any person
interested may appear before the said Council upon the 17th day of September,
193-, at ':00 A. M••, at its usual place of meeting at office of Off .• B!. Foster,
and present protests. At such hearing all objections and suggestions will be
-heard and said Council will take such action as it shall deem proper in the
premises"
(Signed) T. J. McCabe, Mayor
Mountain Home, Arkansas
.~... iepe.~\ed b-J O~<.!. 6. (,33

An ordinance providing for the construction and operation of a waterworks
system for the Incorporated TO\ffiof Mountain Home,Arkansas; providing for the
issuance of waterworks revenue bonds for said system; fixing rates for the service
to be furnished by said syst~nl fixing the details in respect of said bonds,
and declaring an emergency.
_ Whereas, The Incorporateri Townof Mountain Home, Arkansas, (hereinafter

called the "Townn) has no adequate waterworks system and the public mterest
and necessity require such_~ system be constructed, and,
Whereas, the TownCouncil of said 1I[O\ffi

has caused to be made by a duly
qualified engineer plans and specifications for such water works system, an
estimate of the cost of construction of the same and of the real property necessary
to be purchased, an estimate of the reasonable rates necessary to be charged to
consumers of water furnished by said system, an estimate of the revenues of such
system, an estimate of "the annual cost of operation and maintenance, and "an
estimate of the requ itement 5 for an adequate depreciation fund to provide for
probable replacements, all of which have been heretofore filed with the Towm:
Recorder, and
Whereas, such plans provide for a complete waterworks ~yste., consisting

of a deep well, elevated steel tank, and complete distribution system, including
the installation of fire hydrants and meters, and all equipment necessary fo11"
such a system, and also for the purchase of necessary land and right-of-way
therefor .•
Whereas, the TwonCouncil has exarrdned and approved said p~ans, estimates
and computations and finds and declares that "it is for the best interest of
said Townthat said watenv-orks system be constructed, and
Whereas, -said Townis without funds "nth which to construct such waterworks
-system, except from the proceeds of the bonds hereinafter ordered to be issued
(hereinafter. called the IIBbndsll), authorized by Act 131 of the Acts of the
-regular session of the General Assembly df the State of Arkansas of the :re8r
1932, as amended, together with certain fLmds to be furnished by the United States
sufficient funds to construct said project can be provided .•
NOW
THEREFORE,
BE IT ORDAINED
by the Council of said Town, as follows:
Section 1. That the estimated cost of the constrQction of said waterworks

system ( hereinafter called t};le nSystemll) and the purchase of said real property,
estimated by said engineer, i$ found and declared to be the sum of #34,545.
. I
Sec.. 2. That said System be ~nstructed and said real property be purchased
according to the plans" and specifications heretofore Siled with the TO\ffi Rocorder,
and reference to such plans and specifications is hereby made for a more detailed
descr-Ipt.Lon,
Sec. 3.. That the following be fixed as the minimumrates to be charged for water
to be furnished by the System, which the Councd.Lfinds are the reasonable and
necessary minimumrates to be charged:
• DOlfESTIC RATES
Flrst 3,500 gallons per ~onth, $..50 per 1000 Gallons.
Next .,500 gallons pe:rnmdnth, $.25 per 1000 Gallons .•
Next 10,000 gallons per month $.15 per 1000 Gallons .•
Allover 20,000 gallons :per.J,U9nth,$.10 per 1000 Gallons .•
}.finimummonthly' char-gej : '1. 7 5 .
For 1 yard hydrant only, $1.00 per month, allowing 1,500 Ga.Ll.oris
;
INDUSTRIAL RATE
First '20,000 gallons per month, 20 per 1000 Gallons"
Next 20,000 gallons per month, $.12 per 1000 Gallons.
Next .0,000 gallons per month, $.11 per 1000 Gallons ..
_ Next 100,000 gallons per month, $.•10 per 1000 Gallons .•
All over 200,000 gallons per month, $.0' per 1000 Gallons.
Minimummonthly charge, $4.•00
With a 10 per cent penalty to be added to charges paid after the loth of
each month.•
And tliis'Council further finds and declares that such rates as above set
out will produce a total revenue sufficient to pay the total operation and main-
tenance expense of the System and provide for the payment of the BOnds, both
principal and interest, as the same fall due and are payable, and to create all
fund~ herein provided.. '
Said rates shall never be reduced un,til a.ll t.he.ibonds and all coupons there-
to attached have been paid in full and shall, when necessary, be increased im
an amount sufficient to pronde for the maint.enance of the funds hereinafter
described"
\.. Meters shall be installed in water connections to all buildings, public
and private.
Bills for water service shall be rendered on the first day of each month
following the month during which service was furnished, and if not paid prior
to the 11th day of each month, a 10 percent penalty shall be added to the bill",
If the bills are not paid within 30 days from rendition, service shall be dis-
continued"
In the event service is discontinued due to non-payment of bills, the
premises shall be disconnected from the waterworks system. Such premises may
later be re-connected to said system upon payment of a reconnected charge of
$1.00 plus the payment of any unpaid bill due the Town, such payments to be made
at the time service is resumed.
Sec. 4. None of the facilities or service afforded by the System shall be

furnished without a reasonable charge being made t.her-ercr-, In the event that
the Townor any department, agency, or instrumentality thereof shall avail
itself of the facilities or services afforded by the System, including use of
fire hydrants for fire protection and other purposes, the reasonable value of
sel"llices or facilities so afforded shall be charged against the Townor such
department, agency or instrumentality and shall be paid for as the charges there-
for accure.. 1'he revenues so received shall be deemed to be revenues derived!.
from th~ operation of the system and shall be used and accounted for in the same:
manner as any other revenues derived from the operation of the system.. Provided,
however, that not.hing herein shall be construed as requiring the 'lrownor any
department, agency or instrumentality thereof to avail itself of the facilities
or services afforded by the System••
Sec. 5" The Treasurer of the Townshall be the eustodian of revenues derived
from the System and shall give bond for the faithful discharge of his duties a~
suchmH~;!:.odi.8n(suchbond to be fixed and approved by this Council)" The Treas-
urer shall deposit all of the revenues of the System, as collected, into a separate
fund ( herein called the ''Water Fund"). The Water Fund is hereby pledged, mort-
gaged and set apart, and shall be administered, as follows:
(a) Bond Fund, There shall be paid into a separate account (herein ca.Ll.edi
the "Bond Fundll) during each year in which any of the bonds are outstanding,
the following amounts in the respecti-wely designated years, which amounts are
found to be necessary to be set aside and applied to the payment of the principal
of and interest on the BOnds:
YEAIi AJ10UNT
$
1'3' '40 •.
1'3'
1'4@
'4@,.
1'41 1,340
1'42 l,32@
1'43; l,30@
1'44- 1,2'@
1'45 1,2et!;)
1'4' 1,24i
1'47 1,22i
194- 1,200
1'4' 1,18i
195fi1l 1;llt0
1'51 1;14G>
1952· 1,120
1'53 1,100
1954 1,08'
1955 1,5'0
1'5' 1,·520
1'57 1,4'0
195. 1,
195' 1,400
19'0 1,3ltO
19'1 1,320
1"2 1,28'
1"3 1,240
19'4 1,200
1"5 1,1'0
19" 1,12'
P~'7 1,080
1". 1,040
such payment shall begin when the first revenues are collected after the completion
of the construction of the System.. The amount required to be paid into the Bond
Fund in each year shall be paid in substantially equal monthly payments from the
revenue of the System before any of the revenues of the System received in such
month shall be=used for any other purpose; If,the revenues of the Syste..rnin any
month are insufficient to make the required payment into the Bond Fund, then the
amount of any deficiency Ln the payment made shall be added to the amount other-
wise required to be paid into the Bond Fund in the next month. The monies in the
Bbnd Fund shall be used solely for the purpose of paying the interest on and prin-
of the Bonds, Whenthe monies held in the Bbnd Fund are sufficient to pay the
principal of and interest on all Bonds, then remaining outstanding, the Townshall
not be obligated to make any further payments into the Bond Fund••
.nl monies held in said Bond Fund shall be deposited in a bank in the
State of Arkansa~ which is a member of the Federal Reserve System and in which
deposits are g~aranteed by the Federal Deposit Insurance Corporation ••
If a surplus shall exist' in the Bond Fund the same shall be used in so far
as possibie for the purchase and retirement of outstanding Bbndat a price not to
exceed the face value thereof'plus accured interest ••
Whenall the bonds have been paid or retired any monies remaining in the
Eond Fund may be used in any manner which may be determined by this Counci.L,
(b) Depreciation Fund; After paying the amount provided above into' the Bond
Fund in any period, ten (10) percentum of the remaining monies received in the
Water Fund during such period shall be paid into a separate fund, (herein called
nDepreciation Fundlt), which proportion is hereby found and declared to be a prope r
and adequate amount to be applied to the Depreciation Funds The Deprediation Fund-
shall be used solely for the purpose of paying the cost of replacements made
necessary by the depreciation of the System~
If a surplus shall be accumulated in the Depreciation Fund over and above
that which is necessary to defray the cost of the probable replacements during
the current and the next ensuing fiscal years, such excess shall be transferred
to the Bbnd Fund; provided,however, that no such tr~~sfer from the Depreciation
Fund to the Bond Fund shall operate as an abatement of the Bond Fund reE!uirements
hereinbefore set forth •.
(c) Openat.Lonand Maintenance Fund, After paying the amount provided above
into the Bond Fund in any month, then any monies received in the vlater Fund during
such month and not required to be paid into the Depreciation Fund shaLl, be paid
into a seperate account (herein called the "0peration and Haintenance Fund"}, The
Operation and Maintenance Fund shall be used solely for the purpose of paying the
.cost of operation and maintenance of the Systeme-
If any surplus shall be accumulated in the Operation and MaL~tenance Fundi
over and above that which is necessary to defray the cost of operating and main-
taining the System during the current and the next fiscal years, such excess shall
be transferred to the Bbnd Fund, provided, however, that no such transfer from
the Operation and Maintenance Fund to the Bond Fund shall operate as an abatement
of the Bond Fund requirements as hereinbefore set forth ••
'Sec. ,. Nothing herein shall be construed in such manner as preventing the

Lsauance by the To-vmof additional revenue bonds to finance or pay the cost of
constructing any extension, bet.termerrt or improvement to the System.. Provided,
however, that the Townin order to insure the payment of the interest on and
principal of the bonds, shall issue such additional revenue bonds while any of the
Bonds remain outstanding only if, at the time of the passage of an ordinance as
provided in Section 10, Act 131, Acts of Arkansas, 1933, as amended ( in which
the Council of the Townshall provide, find and declare the value of the contemplated!
extension, betterment or improvement and the value of the System), the revenues
of the System for the fiscal year immediately preceding the passage of said
ordinance (in this paragraph called the"Revenueslr) shall have been sufficient in
amount so that, if they be deemed to be the total revenues derived from the entire
system when the contemplated extension, betterment or improvement is completed
and are divided in the manner provided in said Section 10 for the division of the
revenues of such ancent.ir-e system and the amount of the Revenues which (pursuant
to said Section 10) would be deemed to be derived exclusively from such contemplated
extension, betterment or improvement is subtracted from the revenues, the remainder
will be at least equal to the maximum amount required to be paid into the Ebnd
Fund in any year while any of the Bonds remain outstanding plus an amount, sufficient
to apy the cost of operation, maintenance and depreciation of the System for the
next ensuing fiscal year.
Sec. 7. That the System shall be hereafter operated upon a fiscal year basis.
The first fiscal year shall commence upon the 1st day of October, 1937 (the
est imat.ed date of completion of the construction herein prov.zidedfor), and shall
end one year thereafter"
Sec. That revenue bonds of the Town (herein called "BOnds II) be issued L."1. the
total amount of $21,000, which amount, together with funds to be furnished by the
United States of America, is necessar.y to prov~de sufficient funds to pay all
cost of the herein described conta'nplated construction, and the purchase price of
the said real property, including engineering, legal, and other necessary expenses,
together with i.'1terestto a date six months subsequent to the est imat.ed date of
completion of the System; that said Bonds each be designated '~later1riOrks Revenue
Bonds" , be dated October ~, 193', be in the denomination of $500" each, be numbered
from 1 to 42, both inclusive" and mature in numerical order on 0.ctober 1 in each
of the years and in the amounts as follows:
- YEARS A110UNTS
1941 $ 500.
1942500.
1943 500.
1944 500.
'1945 500.
1946 500.
1947 500.
194' 500.
1949 500.
1950 500.
1951 500.
1952 500.
1953 500.
1954 500.
1955 1,000
1956 1,000
1967 1,000
195' 1,000
1959 1,000
1960 1,000
1961 1,000
1962 1,000
1,000
1$,41-: 1,000
19~5 1,000
196' 1,000
1,000
19" 1,000
that the Ea"ondsbear interest at the rate of four per cent (4 per cent) per annum;
payable on April 1, 1937, and semi-a~~ually thereafter on the first days of October
and April in each year, that the Bbnds be signed by the Mayor and sealed with the
corporate seal of the Town and a~tested by the Recorder of the TOwn and that th~
interest upon the Bonds be evidenced by coupons thereto attached, the coupons
to be signed by said 11ayor and attested by said Recorder their racsimile signatures,
and said Mayor and Recorder shall by the execution of the Bonds adopted as for
their own proper signatures their respective facsimiles appearing on said coupons;
that the Bonds and coupons be payable in such funds as at the time of the re-
spective payments are legal tender for the payment of debts due the United Stat ees
of America, at the office of the Town Treasurer, at Mountain Home, Arkansas.
The Bonds together with interest thereon shall be payable only out 'of the
Bond Fund as hereinbefore defined and shall be a valid claim of the holder thereof
against the Bond Fund, and the amount of the revenues pmedged to said fund,
which amount of said revenues is hereby pledged and mortgaged for the equal and
ratable payment of the BOnds and shall be used for no other purpose than to pay
the principal and interest of the BOnds as the same accrue.
Sec. 9" That said bonds and coupons be in substantially the follow1.-.'1gform;
No. $500.
UNITEDSTATESOF M-fERICA,
STATEOF ARKANSAS,
COD""NTYOF BAXTER
THE INCORPORATED TOWN OF
MOUNTAIN HOME,
WA TERWORKS REVENUE BOND
KNOW ALL NENBY THESEPRESENTS: That the Incorporated 'Downof Mountairn
Home, in the County of Baxter, State of Arkansas, hereby acknowlegges itself to
owe, and, for value ,received, promise to pay to bearer, as hereinafter stated, the
sum of Five Hundred Dollars ($500) on the first day of October, 1' , with interest
at the rate of four perc~nt (4 per cent) per annum, payable on April 1, 1937,
and semi-annually there~fter on the first days of October and April of each
year, upon presentation and surrender of t~e annexed coupons as they several~
become due; Both principal thereof and interest hereon shall be payable in any
coin or currency of the United States of America, which at the time of payment
is legal tender for public and private debts, at the office of Town Treasurer,
at Mountain Home, Arkansas ••
This bond, and the issu~ of which it forms a part, is is sued- for the
purpose of providing for the payment of the cost of construction of waterworks,
system for said Town.•
This bond" ,:isJonEL';ofsaudu:l:.Y -ahthbriaedci.ssue p:fr$?l:j.~OOs:tmnds-fcallrLef
pik~cdatefaIldGt-eriOr£ eEcePtea:S:;'~E'ma.tufit¥:y iss1lkedfbyosaiaiJ..;.'lroWn; fum accordame
with the provisions of Act 131 of the regular session of the General Assembly of·
The State of Arkansas for the year 1'33, as amended, and does not constitute an
indebtedness of said Town with any constitutional and statutory limitation, and
is apyab'l,e solely from a fhed amount of gross revenues from the said waterworks
system, which amount shall be· sufficient to pay the rpincipal of and interest on
the bonds as the same become due and payaltle" Said amount has been duly set aside,
pledged and mortgaged as a special fund for that purpose and identified as the
"IBond Fund", created by the ordinance under which the bonds are authorized to be
issued, and in said ordinance the 'fawn has convenanted and agreed to fix and main-
tain rates for water service which shall be sufficient at all times to prowide
for the payment of the principal of and interest on the bonds as the same become
due and payable, to provide for the creation of a depreciation fund for necessary
replacements to tpe waterworks system, and to provide for the payment of the
reasonable expenses of operation and maintenance therecf.
In and by said Act 131 of the General Assembly of the State of Arkansaes
for the year 1'33, as amended, there is granted and created a statutory mortgage
lien on said waterworks syst-em to and in favor of the holders of said bonds;
and each of them, and to and in favor of the holders of each of the coupons;
evidencing the interest on said bonds; and said waterworks system shall remaim
subject to such statutory mortgage lien until the payment in full of this bond,
both principal and interest, shall have been made"
I'It IS HEREBY C:ERTIFIED,RECITEDANDDECLAF.ED THATALL acts, condat.Lcns ,
and things required to exist, happen and be performed pursuant to and in the
issuance of this bond have existed, have happened, and have been performed 1m
due time, form and manner, as required by law, and that sufficient of the inceme
and revenue to be dBrived from the operatien of said system has been pledged to
0
and will be set aside into said special fund for the payment of the principal and
interest on the bonds ••
IN WITNESSlA1HEREOF, The Incorporated ·'Fownof Mountain Home, by its; Te'WDl
Couned.Lhas caused this bend to be signed by the ~.ayor thereof and sealed
with the cerporate seal of said Town and attested by its Recorder, and has caused
the ccupons hereto attached to be authenticated by the facsimile signatures ef
THE INCORPORATED TOWN OF MOUNTAIN HOlm, ARKANSAS.
BY. _
Mayor
(Seal)
ATTEST:
Recorder
(FORMOF COUPON)
~o
On the first day of , l'
'~G
, The Incorperate~
Town of Mountain Home, Arkansas, promises to pay to bearer the sum
of Dollars cut of the fund specified in the bend to which
this coupon appertains, at the of'f'Lce of the Treasurer of the Tbwn, at Y.l()untam
.Home , Arkansas, in any coin or currency of the United States of America, which
at the time of payment is legal tender fer public and private de\rt.s, being sm
months interest due on its Waterwerks Revenue BlOnd, dated the f.irst day of Oct-ober-
1'3' and numbered ,0
THEINCORPORATED TO~TN OF
MO
UNTAINHOME,ARKANSAS.
~-'----:~---
Mayor
ATTEST:
Recorder
Sec. l~.. After the Bonds have been executed as herein provided, they sha'l.L
be delivered by the Treasurer of the Town, all at one time or in blocks from
time to time to the United States of America at a price or prices which shall not
be less than par and accrued interest, and the proceeds received therefrom
shall be used solely for the payment of construction costs of the systeni
and the purchase price of said real property including engineering, legal, and
other necessary expenses, and for the payment of interest on the revenue bonds
herein authorized during the construction of the System••
Sec. 11. It is convenant.ed and agreed by the 1JroWnwith the holder or
holders of the BOnds, or any of them, that it will faithfully and punctually
perform all duties with reference to the System required by the Constitution and
Statues of the State of Arkansas, including making and collecting of reasonable
and sufficient rates lawfully established for services rendered by the System,
segragating the revenue of the System and its application to the respective fund
herein created" ~
Sec•. 12. The to'WDwill maintain the System in good condition and operat.es
the same in an efficient manner and at a reasonable cost , So long as any of the
Bonds are outstanding, the Townagrees to maintain insurance on the System of
a kind and in an amount which normally would be carried by a private company
engaged in a similar type of buatness , Nothing herein shall be construed ass
requiring the Townto expend any funds which are derived from sources other than
the operation of the System, but nothing herein shall be construed as preventing
t~e Townfrom doing so ••
Sec. 13. kny holder or holders of Twenty-five per centum (25 per centum)
in aggregate principal amount or the Bonds at the time then outstanding shall have
the right at all reasonable times to inspect the System and all the records,
accounts, and data of the Townrelating hereto.
Sec. 14.. So long as any of the Bonds are outstanding, the Townwill
not mortgage pledge or otherwise encumber the System of any part thereof or any
revenues therefrom, except as herein provided, and will not sell, lease or
otherwise dispose of any substantial portion of the System.
Sec. 15.. The Townwill keep proper books of records and accounts (separate ~
from all other records and accounts) in which complete and: correct entries shall
be made of all transactions relating to the System.. The Townshall furnish to
the original purchaser of any of the Bonds at the time outstanding, or to any
other holder of any of the Bonds upon written request, not more than thirty
days after the close of each six month's fiscal period, complete operating andi
income statements of the System in reasonable detail covering such six monthr 53
period, and, not more than sixty days after the close of each fiscal year, com-
plete financial statements of the System in reasonable detail covering such fiscal
yean', certified by the Townauditors .•
Sec. 1'. The Townfurther covenants and agrees that if default is made in
the payment of any bond or coupon or if the To'WD fails to meet any sinking
fund requirement, the holder of such bond may declare that bond immediately
due and' payable, and such bond shall thereupon be immediately due and payable
and in default ••.
Sec. i7," There shall be a statutory mortgage lien upon the System, as
provided in said Act 131 as .amended; which shall exist in favor of the holder of
the BOndsand each of them, ans to and in favor of the holder of the coupons
attached! to the Honds, and the System shall remain subject to such statutory
mortgage lien until payment in full of the interest on and principal of the
!bnds. If there be any default in the payment of either the ir~erest on or
principal of any of the Bonds, the holder or holders of any of the Bonds may
enforce the statutory mortgage lien upon the System in accordance with the
provisions of Section 7, of said Act 131, and may be proper suit compel the per-
formance of the duties.of the officials of the '.fown,as set·forth in said Act"
If there be default in the payment of the principal of or interest on the BOnds,
any court having jurisdiction in any proper action may appoint a receiver to
administer the System on behalf of the 'lfown,with power' to charge and collect
rates sufficient to provide for the payment of the IiIbndsand interest thereon
and for the payment of the operating expenses and to apply the income and re-,
venues in conformity with said Act and this ordinance providing for the Lssuaneee
of such bonds.
Sec. 1.. To the end that a record of the pledge of the rewenues and agree-
ments not to mortgage the System may be preserved, the Townbe and is hereby
authorized to file with the Clerk and EX-Officio ~ecorder of Baxt.er- County,
Arkansas, a certified copy of this ordinance, acknowledged i~ the form required
for deeds and mortgages, with the directions that the s8lID.e
be recorded in the
office of said Clerk as in the case of d~eds and mortgages.
S Sec. 1,. The ~~yor is hereby directed to publish for one insertion in the
Baxter County Citizen, which is hereby found and declared to be a newspaper-
published and in general circulat~ion 1..'11 MOuntain Home, Arkansas, this ordiaance
to which is attached a notice signed by him, in substantially the following
form:
NOTICE
Notice is hereby given that The Incorporated Townof Mountain Home,
Arkansas" has adopted the ordinance hereinafter set out; that the said Town
contemplates the issuance of the bonds described in said ordinance; and that
any person interested may appear before the said Council upon the _ day of
September, 1'3', at A. Me, at its usual place of meeting at __~~ __
and present pr-ot.est,s, At such hearing all objections and suggestions will be
heard and said Couned.Lwill take such action as it shall deem proper in the:
premises.,
SeCo 20.. All ordinances or parts of ordianaces in conflict herewith are

hereby repealed ••
,
Sec. 21. It is ascertained and declared that the lack of an adequate water
supply endangers the health of the inhabitants of said TO\ffiand increases the
fire hazard, which endangers the safety of the lives of the inhabitants and
of their property; that by reason of the present economic conditions .manycitizens
of the Townare out of work and the improvements herein provided would furnish
work for a large number of men and thereby add to the peace and happiness of the
]Own. It is therefore, declared that an emergency exists, that this ordinance
is necessary for the immediate preservation of the public peace, health and safety,
arid that this ordinance sha.Ll, take effect and be in force from and after its;
passage.
Passed August 28th, 193-.
Approved: To J••McCabe,
Mayor
Attest: LLOYD FISK

(Seal) Recorder
Recorded August 28, 193'.
(Seal) LLOYD FISK
Recorder
On motion and unanimous vote the meeting adjourned, LLOYD

FISK, Recorder
(Seal)
. Be it ordained by the Council of the Incorporated Tow"tl of Mountain Home,

Baxter County, Arkansas, an or-d.iaanee entitled 'ITo provide for closing of
certain businesses on the Sabbath.tI
Sec e I. That all business houses in the TOwnof Mountain Home, Arkansas, shall
close and remain closed throughout Sundays except Ice Plants, Drug Stores and
Cafes.
Sec. 2. That any person or persons violating this ordinance or any prov~s~on
thereof shall be fined for said offense not less than $10.00 nor more tham
$25.00 for each separate offense" -,'
This ordinance shall take effect and be in force from and after the dat ee
: of first publication"
Hugh Hackler, J.1ayor
. .J::,
O. R. M~cMon~gle, R corder
First published June 12, 1937"
NOTICE
All persons are hereby notified that the City Council of the
Townof Mountain Home, Arkansas, will enforce Ordinance No•. 50 of the
Townof Mountain Home, Baxter County, Arkansas, which requires ali persons;
ownkingor keeping. dog~ in the limits er the Incoroorated Town o:fMountain
A r ansas, to obta~ l1cense :for h d :f' ~ Home,
bitch dogs $2.00 per year. ~. su: ogs as ollows: Dogs ~loOO per year,
July 1st, 1937.. .. L1cense must be obtained :from the City Marshal by
Hugh Hackler, Mayor
0" R" McMonigle, Recorder
First published June 12, 1937.
vi
Ref:)eA o, b33
An ordinance prohibiting the erection o:f or maintenance o:f canopies or
sheds within the incorporated town o:f Mounta~
Home, Arkansas, and prescribing
penalties :for violations thereo:f.•
Be it ordained and enacted by the °t dl

Home, Arkansas: C1 y coun o:f the City o:fMountain
Sec e 1. That. it sh~ll be, and is hereby' declared to be unlawful :for an

person, pe::sons, :fu-m.,:fu-m.s,partnership or corporation to construct buil~
or erect an any manner any can
d d' t 1 ' °PY, or s e , e1tner o:fwood or. metal ,or bo~hs
h d .,. '
woo an. me ~ which extends over and across any sidewolk, and supported b OJ
posts extend~~ upwards f'r-om sidewalk or suspended by means o:f cable Cha~
metal rods or ~l any other manner attached to the main building to shich said
canopy. or shed.is attached thereto, provided: that this ordinance sh~ll not apply
to any decorat1ve marquee which f'orms a part o:fthe main building"
Sec ..2.. That it shall be, and is hereby declared to be ,uu.,,- wiul :f
person, persons, :firm, :firms, partnership or corporation to ma:Ji~a1n an~r any
canopy or shed constructed either o:fwood or metal or both woodand.metal which
protrudes over and across any sidewalk, said canopy or shed being supported
either by posts extending from sidewalk upward or suspended by any cable chain
or metal rods or in any other manner :from the main building to shich said canopy
or shed may be attached.
Sec. 3.. All persons who shall erect or attempt to erect any canopy or
shed, either wood or metal, or both wood and metal, as set out in Section 1
hereo:f, shall be guilty o:f a misdeameanor and upon conviction thereof shall
be :fined in any sum not less than $5.00 nor more than $1.00 :for each, day
said canopy or shed remains in violation o:f Section.l.
Sec. 4. All persons who now have canopies or sheds, as described in

Section 2 her-eof', shall be required to remove same :from and over said sidewalks;
within 5 days from the effective date of this ordinance and for each and every
day thereafter any person, persons, firm, firms" pa.rtnership or corporation
violating the pr-owi.sacns of this section, shall be guilty of a misdemeanor" and
shall be fined in any sum not less than $10.,00 nor more than $25.•00 for each
day that said canopy or shed remains in violation of Section 2 hereof, and
each day shall constitute a separate offence.
Sec. 5. If the owner of said canopy or shed, as set forth in Section 4,

shall fail, refuse or neglect to remove same, within 5 days from the e:ffective
date of this ordinance, the city marshal shall proceed to cause said canopy or
shed to be removed from over and across said sidewalk and the cost of the sl!Il!Iie
shall be charged to the owner of said property, and the cost of removing said
canopy or shed shall constitute a lien against the property of said owner.
Sec. ,. If any pr0V1S10ns of this ordinance or the application of such prO-

vision to any person, persons, firm, firms, partnership or corporation, or circum-
stances, shall be held invalie, the remainder of this ordinance, or the applicatio~
of such provisions to such person, persons, firm, firms, partnership, corporations
or circumstances, other that those as to which it is held invalid, shall not
be affected thereby.
Sec .•7.. All ordinances" or parts of ordinances in conflict herewith,

are hereby repealed and this ordinance shall be in full force and effect :from
and after its approval and publication; same being necessary for the public peace
and safety of the city o:f Mountain Home, Arkansas ••
Hugh Hackler, Mayor

Lloyd Fisk, Recorder
Jesse Coffee
Adamson
.M.a:J:.
Neil Nelson
Robert Livingston
W .•As Parks
Council
State of ArkansaS3, )
County of Baxt.er-, ) CERTIFICATE
I1J Lloyd Fisk, recorder of the city of Mountain Hone , Arkansas, do hereby
certify that the annexed and foregoing pages are true &1d compared copy of the
original ordinance filed in my office on the 12th day of September, 193'.
Gbren under my hand and the seal of the Lncorpor-at.ed town of Mountain Home,
Arkansas, this the l'th day of September, 193'. LLoyd Fisk, Recorder.
ELECTION
PROCLA¥ATIO~
lfbtice is hereby given that an election will be held in the Incorporated

Townof Mountain Home,Arkansas, on Saturday, May 25, 1'1$, for .the purpose of
changing the classification from andIncorporated Townto a City of the Second Class;
for the election of two aldermen from ,ward 1, and one alderman from ward 2 •.
All qualified electors may bote at said election:
For changing the classification from andIncorporated Townto a, City of
the Second Class.
For two aldermen from ward 1, and one alderman from ward 2.
Given under my hand this the 23rd day of April, 1'4@"
Hugh Hackler, Mayor
Lloyd Fisk, .Recorder
(Seal)
April 2', May 3
State of Arkansas )
County of Baxter ) CERTIFICATE
I, Lloyd Fisk, Recorder of the City of Mountain Home, Arkansas, do hereby
certify that the annexed and foregoing pages are a true and compared copy of
the original ordinance filed in my office on the 22nd day of April, 1940••
Given under my hand and the seal of the Incorporated Town of Mountain Home',
Arkansas, this the 23rd day of April, 1'40 .•
(Seal) Lloyd Fisk,Recorder
Ajbril 2'
ORDINANCE
NO. 73
An ordinance ra~sing the classification of the Incorporated Townoff

Mountain Home, Arkansas, to a City of the Second Class"
Be it ordained and enacted by the Town Counail of the Incorporated Town

of Mountain Home, Arkansas:
Sec~ 1. Thatcthe classification of the 'Incorporated Townof Mountain Home,

Arkansas, be, arid tt.he same is 'hereby declared, to be a City of the Second Class
as pr-ovided by Act 334 of the Acts of the General Assembly of the State of
Arkansas_for the year of 1937, as amended by Act 211 of the General Assembly of
the State of Arkansas, in 1'3'0
See , 2" That said City shall 'be divided in four wards which shall embrace
the territory as follows:
Ward It Shall include all of the territor;sr east of Baker Street, north of
'th Street; and for the purpose ofcfurther·classi.fication, Baker Street shall
mean a L'ine extended north from Baker Street to the corporation
r line •. '""-
Ward 2: Shall include all that terri,tory west of lrfard 1 and north of 'th St..•
Ward): Shall include all t.err-Ltory west of Baker Street and south of
'th street.
Ward 4: Shall include all territory east of Baker Street and south of
'th Street.,
Sec., 3: For the purpose of division, Baker Street shall mean a street
extending nor-t.h and south from the north line of the corporation, to the south
line of the corporation, and 'th Street shall mean a street extending east and
west from the east line of the corporation, to the west line of the corporation.
Sec .• 4. It is ascertained and hereby declared that by reason of the

continuing growth of the Lncorpor-at.ed-Townof Mountain Home, Ar-kansas, and being
handicapped'bJ not being able to become a City of the Second Class by reason
of population, that t}1is ordinance is necessar.y for the preservation of the
jbublic'pea<re, health and safety~ Therefore, an emergency is declared to exist,
and this or-dinance shall be in full .force and effect from and after said ordinance
has been approved by"the qualified electors of the incorporated Townof
Mountain Home, Arkansas, at a specialmlection to be held on the 25th day of
May1'40.
Max Adamson Hugh Hackler, Mayor
Hesse Coffee L!o;srdFisk, Recorder
Robert Li~ingston
Neil Nelson
Aldermen
/
v
Repe.A- o. 33
An ordinance making the leaving of a key in the ignitfuon switch of an
unattended motor vehicle an offence.
Be it ordained by the City Council of the City of Mountain Ho"ne, Arkansas.
Sec. 1. It shall be unlawful for any person to park a motor vehicle or to

leave same unattended on the public streets or highways within the city of
¥lOuntain Home with the key remaining in the ignition switch of said mobor-
vehicle" : ,
Sec. 2. Any person violating the pr-ova.aaons of this ordinance shall be

~eemed guilty of a misdemeanor and upon conviction shall be fined in any sum
not less than $1.0@ nor more than $10.00.
Sec. 3.. The conditions arising from the unauthorized driving away of motor
vehicles which are left unattended with the key in the igni,tion switch has re-
sulted in serious law enforcement difficulties.. An emergency is therefore
declared and this.ordinance being necessary for the preservation of the public
peace, health, and safety shall be in full force and effect from and after its
passage .•
Dated: April 15, 1'46 ,..
Approved! V. E. Hutcheson,
(Seal) Mayor
Attested: Don Alley, Clerk and Recorder
April l'
An Ordinance Amending Ordinance No" 76
Be it ordained by the City Counc.i.Lof the City of Mountain Home, Arkansas:
Sec.. I" Ordinance No .•76 being entitled "An Ordinance to Levy a 'I'axon
the Privilege of Engaging in any Business, Trade, Occupation, Vocation,
Profession or Calling, and For Other- Purposes, II is hereby amended as follows:
Sec. 21 Section 4 of OrdL~ance No. 76 is amended to read: The fees for

licenses under this ordinance shall be as set opposite ",,,,""'->-it"';:,.::>, trades,
occupations, callings and professions herein listed:
Bank •.• • e •• •• • •• •• • •• e • • e •• •• • e $100.00

DrugStore e •• • • • • • •• •• ••• 50.00
Theater •. e •• • •• • e •• •• ••• .00
Tel~phone Company ...• •.•. • •.•. •. • •.
Blacksmith Shop •. e •• ••• " • •• •• •• •• •• •• e • 12.00
Machine Shop •. e • •• •• • • •• e • • • •• •••• 15.00
lilT elding Shop •. e •• • •• " •• • e... • • •••• • •. 15.00
Ne,\"lspaper Publisher •.• •.• • eo... • •.. 60 .•00
Printing Shop .. e •• • •• • e • • •• •• o. 3.Q",OO
Cotton Gin e •• •• •• •• " •• •• •• • • •• •• •• • • 50 e 00
Carpenter Shop and/or Cavinet Shop .• e 24 .• 00
Steam Laundry .•.•• • • • • .•• ...•.• • 30 .• 00
Serve Yourself Laundr,r .•• .•.• • .••. • .•15.00
Cleaning and Pressing Shop .• • " • • .... • ..30.00
Abstract Plant ...;" .• • e • •• 1' .•00
•• • •• •• ••
Photographer's Studio.. • • • .•• .• •• 12.00

Mill for grinding wheat or corn .• .• " ...••. 12.00
Bottling Company ..•. • .• .• ..• e • e • •••• 50.00
Jewelry Shop ....••• .•.. •. • .. • ..•• ..• .•i2.00
Jewelr,r Store .•.. .•• • .. •.• ..• .•." .• • .••.•30.00
Lumber or l1aterial Dealer with'stock
less than $2500.00 •. • .•• • • •. •. 25.00 0
Lumber or Material Dealer with a Stock

of $2500.00 or more .•.• • .• • • .. .. 75.00
Lunch Counter ...• •.•. • • .•• • ..e 1',00
Cafe or Cafeteria .• e •• • • • • •• 36.00 e- • •• • •
Automobile Agency .•.. • • .•.• .. .. ..•.. 75.00

Garage •....• e •• • •• ••• • • • e • • • • • e 30.00
Auto Paint and Body Shop • • • • • • • • • • 24~OO
Renair Shon • 0 • • • • • 12.00
Fu~niture Store e 0 4 G I) 4) 0 .3boOO

cD • e c •• 0
Second Hand Furniture Store • • • • • • . •• i~.oo

Tourist Court having less than six cabins •• 1g.OO
Tourist Court havL~g more than SLx Cabins • .36.00
House Trailer Camp with from Two to
Five Trailers • • • • • • • • .12 00 0
House Trailer Camp with Six or more Trailers " $24.00
Wholesale Dealer • • • • • • • • • • • • • "60"00
Used Car Lot • • • • • • • • • • • • • • • .40.00
BUrial Association or Funeral Home • .. • • .50.00
Skating Rink e • • • • • • • • • • • • • e" •• .11,,00
Bakery or Confectionery • • • " • • • • • •• • l'.OC
Ice Plant G. e e •. • •• e • e 0 e 0 eo. • GI li.OO·
Cold Storage or Frozen Food Locker Plant • ..11.00 '0 •
Shoe Reapir Shop e • e •• • •• • e • • • • • • 12.00 0
Florist Shop • • • • • 12.00 0 • 0 • • • • • .'. .0 ••
Meat Market • 0 • • 11.•00

• • • • • • • • • • • 0 •• •
Retail Stores of all types· other than

those expressly mentioned, having a
stock of a value of less than $5000.00' •• ' e li.OO
From $5000.00 to $10,000.00 .••.• ~ • 3'.00
Over $10,000,,00 " •••• 75.00, - 0 • 0 ••
Electric Pwwer and Light Co. ....."..... .•'0.00

Produce House and/or Cream Station" •• .12.00 '0 .0
Service Station .• • 18.00'

0 • • • • • • • • • • • • •
Filling Station handling Ga-soline and/or •••.•

oil but not offering general service • • .12.00
' .. Hot.e'l , Apartment House, or Rooming House"
of less than 8 rOOF~ • 18.00 0 • • • • • • 0
Hotel, Apartment House, or Rooming House

of $ Roams or more • • • • • .. .36.00
Operator of Taxicab for each vehicle • • 0. .12 ..00
Bu..s Ter.minal • •.• • • • • • 0 • • I') 0 .11.00
Individual Builder Contracting Firm j
or Company e • • • • lit.00 0 0'. 0 • • • •
Private Engineer or Engineering Firm. • • e • • .13.00

Auctioneer •••• 12..00
0 • • • • • • • e •• 0 •• ' •
~lectrician and/or Electrical Shop • • .12.00

Doctor, Physic~an or Surgeon •••••••••.. 1$.00
Lawyer or Law F-irm " .18,,00 e • • • • • • • • • • • •
Dentist •..•••• 18.00

e • 0 e' •••••• '.0 •• ' •
Optometrist •.• • 0 13..00

• • • • • • • • • • • • • •
Barber Shop with one chair • • • 6.00 0 • • 0 • • • •
Barber Shop'\vith more tr~ one chair. • .1i.00

Beautician • • • • • 6.00 0 • • • • • • • • • • •
Beauty Shop •. 0 • .12,,00

• • • • • • • • • • • •••• •
Real Estate Office or Agency • • • • • • • • • 36.00

Real Estate Agent not mainta~ing an office • • 12.00
.Undertaker and/or Embalmer ••• -. • e • • • • 12.00
Plumbers • • e • • • e .12.00
• ., 0 • • • e e • (II 0 CD
Painter and/or Paper Harlger • • • • • • 12.00 e • • •
Plasterers .. 0 • • e •
CD • e• e • • 12.0®
• •• • • ••• •
Carnenter ". • • • • • • • • • • • • •. • • • .12 .•00

Bri~k Layers Q.".. .. " " " • " .. • ., ..'" ,,'.
12.00
Stone Masons ., • " • • • 12.00 e • • •• " • " " • • •
Insurance Agent ."".... " • • " • • • •• 12.00

Cement Block Manufacturer •••••••• " ••• 3'.00
Hospital • • .'. • .•• • • •• • • " • e • " • .50.00
Medical Clinic e '.. • • • •
Purse or ~eather Goods }~ufacturer

• • • • " "
.. • • • " .•20.00
• • • .00 .3'
Pool Hall .•• • • • • • • • • •. " " ••.•. • • .100.00
Monument Works ."......... e e • e • 19. 00
Auto Salvage Yard .,• •. • • • " " " " •. " • • .12.00
Ice Cream Parlor and/Confectionary • • • •.• • 1$.00
Golf Course ,.. . • e e • e e it e 4) eo. •• •. 00
Se~ o,Qd.NO. ?)<p j to;)
Sec. 31. T.he Tax Hate levied herein will become effective July 1, 194'.
Pasaeds June 10, 194'
ApprovedL E. Hurcheson, MayoI!'
Attest: Don Alley, City Clerk and Recorder
(Seal)
Passed by 2/3 majority vote of the City Council
Sec. 7. In all cases where the amount to be paid for the license depends-
upon the inve ntory of stock, it shall be the duty of the person applying for
the license to render the City Collector a sworn statement of the value of
such goods or stock and such further¥oof as the City Collector shall demand
to show the actual value of the goods or stock; and said City Collector shall
not be required to rece:$pt for any money until such proofs are furnished"
Tne City Collector may require the applicant to furnish for inspection a
of the applicant's income tax return to the State of Arkensas ,
S:eq. ,@ Any person, corporation, or firm beginning business in the City
of .Mo-qnt,ai;n.HQll1e,Arkansas
on or: a,f~er July 1st of any year shall be allowed
to pay one half .of annuaL occupat ion t~ provided for such business.
. Sec. ,9.NQ license issued under ,this or-dinance shall be transferred

except ,by.the. consent, of .the .City C01L1'1cil of the City of Mountain Home,
Ar~ansas, .and no. license sha.Ll, be .t ransf'er'r-ed in any event from one business
to ,anqther:"
Sec , ,lQ. ~he, receipt of .t he ,City Collector of the City of ¥J.Ountain

Home Lssued totheapp:Ucant ,sho-~..J'.g
.payment,of the tax in full shall constitute
the required license herein~
Sec., U... Should any section or pr-ova.saon of this ordinance be f'orr any
reason he.Ld v;oid .or. ip.valid, it shall not. affect the validity of any other
section or prov:isionhereof ~h~c4 is ftotitself held void or invalid"
S.e'c,.12,,, , Th~s' ordina~ce shall not repeal any pr-ovi.s i.on or provisions for
lic;ensescontainedin apy, oz-diriances previously adopted i.11this city except
as exnressly stated herein~
Sec. 13.. It shall be unlawful for any person, ffir1.J.l or corporation to

knoJ\ringly.and ".j.D-I:ully:make a false written or verbal statement in his
application for license to the City Collector for the purpose of defrauding-
the. C~t;y;of £.foUc'1.tain
Homeby procuting his license for a less sum than is
la'l<r,fuUydue, I,t shall be unlawful for any person, corporation, or' firm to
fail or refuse, to Iurnish the City CoUe~tbr any further reasonable proof' as
:maybe demanded by the City Collector to properly determine the amount off"
the, annual license", , .
Sec",.:t4.. .All per-sona, firms,or. cpr,porations failing to pay the City Coll-
ector .thelicr.e.ns,e ,due on or before January 31st of each yean- shall be subject
to a fine ?-s.fixed in ~e~tion 15 hereof.
Sec e , 151, . Any.per-scn; firm, or .corpor?-t,ionviolating 8..'1Y of the pr-ovasacns

of prdL~ance 8h$1l pe d~emedguilty o,f a ~isdemeanor, and upon conviction
sha.LL pee fin~d, in. any ,SUIrL not more than double the amount of the license; and
each day sa i.d violation shall cnntdnue shall constitute a separate offense",
. .
. Sec.• ;Lb.o All, per-sona, firm:s or cor-porat.Lons falling within the appli-
©ation of the proyisipnp of this ordinance shall procure a license for the
last qu?-rter of the year 1940, beginning October 1, 1940. The fees for said
lic.enses, shall be 9ne-fourth of the annual license fee. All persons, firms,
or ~orporations fa~1ing to.paytp the 9itY,C91lector the license due for the
last qu?-rter of, the.y~ar ;L940on or before October 15, 1940 shall be subjeo:t
to a fine as provided,in ~ection 15 h~r.eofo
Sec" 17" Whereas, the City' pf, H9uptaln Home, Arkansas is in a deplorable
financial condd.t.Lon which. if pot illlIDe9-i?-telyremedied will result in a
ser~ous impairment, of the city, credi~, therefore an emergency is declared to
exi!3t and tr,i~ ordir1apce bej.ng necessary for the preservation of the public
peacey hea.Lt.hr.and safety, the same s~J-l. be ;in full force and effect from
and after Lt s paasage and public?-ttop e ,
Pas sed 'f_ugust.19., 19401'

Approveci: Hugh,Hackler, Mayor. ,.
Attest? ~loycl Fi?K, 9ity.Clerk,apd,Recorder
Pasaed py, 2/3, l1l<l.D9rity
vote of CitJi~Council.
Augpst 23, 39, S.ept. 6, 13~
(Repealed by Ordina;ce lio. 102)

, ORDINANCE NO.• ft
Nov.• 22, 194'
An ordLl1ance Establishing Water-works Improvement District ~6. 1 of
the City of Hountain Home, Arkansas.
ir1hereas, parties cLaindng to be the owners of more than two-thirds in

assessed value of the property located within the territory her.einC}-fter
described have filed a petition praYL~g that an improvement district be extab-
lishes for the purpose hereL~after set out; and
Whereas, after due notice as required by law, the City Council of the
City of Mountain Home, Arkansas, has heard all the parties desirh'1.g to be
heard, and has ascertained that said petition was signed by more than two-thirds
L~ assessed value of the owners of real property within said territory;
Now, Tl-iSREFORE,
BE IT ORDAINED
by the City Council of the City of Motmtain
Home, Ar-karrsas,
Sec. 1. There is hereby established an improvement district embracing
the following property in the City of Mounta:i..n H me, to-"Wi.t:
All real property ly1..J1g within the corporate limits of the City of
Mountain Home, Arkansas; for the purpose of extending and improving the present
waterworks system which the city owns, in such manner and ,-lith such materials
as the Commissioners to be elected for said improvement district shall deem
to be for the best interest of the district, and that the cost thereof, over
and above any aid received from any agency of the federal or city government,
be assessed and charged upon the real property above described, provided the
liability of each lot or tract of land shall be limited to its assessed
benefits •.
Said District sha.Ll, be known as Waterworks Improvement District No.1,
and Lloyd Fisk, ff~ B. Foster, and H. O. Tipton are hereby named commissioners,
who shall compose the Board of ,Improvement for xaid district"
Sec. 2.. This ordinance shall take effect and be Ln force from and after
its passage ..
Passed: July 2, 1946.

Approved: V. E. Hutcheson, !1ayor
Attest: DonAlley, City Recorder.
CE..~TIFICATE
The undersigned, City Recorder of the City of Mountain Home,Arkansas,

hereby certifies the above and foregoing to be a true, correct and complete
copy of an ordinance adopted by the City Council at a meeting held July.,
194', at which meeting more than two-thirds of the Countdl members elect were
present, and that said Ordinance No" 21 is now of record in BbokA ••, page 25,
in the records of my office e
Witness my hand and the seal of said City this ath day of duly 1946.
(seal) Don Alley, Recorder
ORD~--
An ordinance pror.d.biting the Leaving of vehicles within the

City of M01h'1.tain
Homeunless kept inside of a building and for other purposes •.
Be it ordained by the City Council of the CitY of Mountain Home, Arkansas:
Sec.. 1" It sr.all be un'Iawfu.L for any person who oanes or has the rig):1t to the
possession of a jup~ motor ver.d.cle or vehicles to permit such vehicles to be or
remain in the City of :t-1ountainHome,Arkansas, unless same are kept inside of
a ~ilding"
/
Sec. 2.U junk motor vehicle shall be construed to be a motor vehicle which
is not in operating conditione) Vehicles which are inside .of buildings or
which are in the G3..ctualprocess of being r-epaar-ed/are excluded from the provisions
of this ordinance ••
Sec.• 3.. Any person violating the provi.saons of thisc ordinance shall be subject
to a f.ine of not: less than five dollars nor more than twenty-five dollars; and
each day that this ordinance is violated shall constitute a separate offense e-
Sec.. 4.. A congested condition caased upon some of the streets by reason of. the
parking of junk motor vehicles thereon and leaving same for a long period, the
unsanitary condition and the undesirable appearance created by such junk
vehicles has resulted in serious problems effecting the health and welfare of
the citizens of Mountain Home, An emergency is therefore declared and thia
ordinance being necessary for the preservation of the public peace, health,
and safety shall be in full force and effect from and after its passage"
Dated: July 22, 194'..

Approved: V.• E, Hutcheson, }!f.ayor
(seal)
Attested: DonAlley, Clerk and Recordere
NO. 83
ORDDlANCE
An ordinance providing for the acceptance of contigeous and adjoining

territory to the City of Mountain Home, Baxter County, Arkansas..,
Be it ordained by the council of the City of Mountain Home, Baxter County,
Arkansas , that,
WHEREAS, a petition was filed by Charles A. Marcus and Hazel Marcus,

husband and wife, with the County Court of Baxter County, Arkansas, seeking to
annex all of the terriroty within the following described boundry to the City
of Mountain Home, Baxter Counby, to-wit:
Part of the NWiof the SEi of Section 9, Twp•. 19 North, Range 13 West,
bounded and described as follows:
Heginningat a point on corporate boundry line 475 feet East and 430 feet
South of the Northwest corner of the NWt of SEi of Section 9 ~wp. 19 North
Range 13 W, run thence East 43' feet to a st akej thence Nortfi 191 feet to a
point" thence West 14 feet to a point.; thence !\lorth 89 feet to a point on
present corporate bcundry line ii4 feet East 1'5 feet South of the Northwest
corner- of the NW1? of the SE! of Section 9, Twp. 19 North, Range 1.3 West .•
And Whereas, the County Court did on the 10 day of August, 1946" make and
order annexing said territory above described to the City of Mountain Home,
Baxter County, Arkansas.
And Whereas, thirty days elapsed and no protest was filed with the Clerk
of the County Court, and
Whereas, said proceedings in said County Court was on the 10 day of Sept-
ember, 194', conf'Lrmed by said court in all things ••
N'owtherefore, be it ordained by the Council of the City of Mountain Home,

Baxter County, Arkansas, that the inhabitants residing therein shall have and
enjoy all the right and privileges of the inhabitants witl1in the original
limits of tl1e City of Mountain Home, Baxt er- County, Arkansas.
:'-11 ordinances
and parts of ordinances in con"flict herewith are hereby
repealed and this ordinance shall take effect and be in full force from and
after its approval and publication as required by law .•
Approved this 7 day of Oct., 1946.

If. E. Hutcheson,
Mayor of the City
of Mountain Home, Baxter County, Arkanscm
A1TEST: (seal)
Don Alley, Clerk of the City
of Mountain Home, Baxter County,
Arkansas .•
ORDINANeB NO. 8-4 (Repealed by Ordinance No .• 1(2)

Nov•• 22, 1949 "
An ordinance assessing the benefits to be received by the owners o£ each

of the several lots, blocks and parcels of land ;withingWaterworks Improvement
District No. 1 of the City of Mountain Home, Arkansas.
Whereas, the majority of two-tr...irds in value of the property owner-s

owning property adjoining the locality to be affected and situated in Water-
works Improvement- District No. 1 of the City lOf Mountain HOme,Arkansas,
or-gam.zed for the purpose of extending and impro-ving the present waterwork~'
system which the City owns as therein set out have 1petitioned the City Council
of the City of Mountain Home, Arkansas for the construction, of said improvement,
and the cost thereof sr~ll be assessed upon the real property of said District
according to the benefits received; and
lihereas, said benefits received by each and" every lot, block and parcel
of real property situated in said District equals or exceeds the local assess-
ment thereon; and
Whereas, the estimated cost of said improvement is $45,00P;

Nowtherefore, be it Ordained by: the City Council of the City of Mountain
Home, Arkansas:
Sec. 10 That the said several lots, blocks and parcels of real property in
said Waterworks Improvement Distt'ict No•• 1 of the City of Mountain Home, Arkansas,
be ass~ssed according to the assessment list for said improvement district as
the same now remains in the office of the City Recorder and that three and one-
::.e~ghth per centUlJ!.(3 1/8%) of the assessment of benefits of each of said Lot s ;
~locks and parcels of real estate shall be paid annually on or before the 1st
day of May each year, beginning with May 1, 1947, until the whole of the said.!
loc~l assessment~of benefits shall be paid.
Sec. 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed, and this ordinance shall be in full force and effect from and after
its passage.
Passed: March 24th, 1947.

Approved: Hugh Hackler, Acting Mayor
Attest: Don Alley, City Recorder

(seal)
ORDINANCE
NO. '5
An ordinance to amend Ordinance Noo 5' by increasing the fees of the City-
Marshal for services rendered in connectio~ with livestock running at large.
He it ordained by the City Council of the City of Mountain Home:
Section 1. Section 5 of Ordinance ~o. 5' is hereby amended to read as follows:

"Said Marshal shall be allowed fees for his services under this ordinance -as
follows: Taking up each animal $2,,00; Advertising each sale 50¢; Feeding and
watering each animal taken up 75¢ for each dayj For holding sale 504;"_
Section 2. This Or-dtaance being necessary to insure adequate enfor-cement, of'

Ordinance No. 5', ~~ emergency is therefore declared and this ordinance being
necess~ry for the preservation of the public peace, health, and safety shall be
in full force and effect from and after its passage e-
Dated April 7, 1947•.
Approved: Y. E. Hutcheson, Mayor-
Attested: Don Alley, Clerk and Recorder
(seal) April 11, 4'
ORDINANCE
NO..
An Ordinance AmendingOrdinance No.. 7- as Amendedby Ordinance 'fifo.. 80.•
Be it Ordained by the City Council of the City of Mountairi.Home, Arkansas:
Section 1. OrdiBance Wo•. 7- being entitled "An Ordimmce to Levy a Tax on the
Privilege of Engaging in any Business, Trade, Occupation, Profession, or Calling,
and for the purposes," As amended by Ordinance No•• 0 passed June 10, 19M.,
is further amended as follows:
Section 2.. Section 4 of Ordinance Wo..7' is further amended by adding th~'

foll~~g occupations and fees for licenses:
Selling ice whether at wholesale or retail " " • .. " • " " " • " • $1'.00
Picking up and Delivering Cleaning and Pressing " .• .• " .. • .• " .. .• 30.00
Picking up and delivering laundry eo. • • • • • • • • • • • • • • 15.00
Selling at Retail of any kind of merchandise other than fann

products ~ frm""Ilby seller ." • • .. • • • • • • e • • • e • 15•.00
Section 3. The provisions of this amendment shall not apply to occupations:.

having an e:s:tablished place of business in the City of MOlli'1.tain
Homeupon which
occupation tax license is paid but shall apply only to persons, partnerships,
and corporations transacting the above mentioned business in l.fountain Homebp.t
not maintianing a regular office or place of business, upon which a tax has
previously been paid.
Section 4. The license fees herein levied shall not apply to the taking of
orders for goods to be shipped by interstate commerce"
Section 5. The license fees herein levied shall become effective July 1, 1947.
Passed: June 23, 1947.

Approved: V. E. Hutcheson, l-fa.yor
(seal)
A.1f1lEST:Don Alley, City Clerk and Recorder.
Passed by 2/3 majority vote of the City Council"
Jlli~e 27, July 4, 11, lao
Be it Ordained by the Cit..y Council of Mountain

Sea:tion 1. It shall be unlawful for any person, firm or corporation to construct .II
build or er-ect. in any manner any building or structure of any kind, shape or size
or to construct, build, or erect in any ma..'1Ilerany annexation, ext.ens.lom, or en-
largement of any existing building, or structure, or to move any building on'
structure within the corporate limits of the City of Mountai."1Home,Arkansas;
without first procuring a permit to do so from the City Council.
Section 2. Application for a permit shall be filed with the City Clerk and R
Recorder, and the applicant shall at the time of filing said application pay a
fee of $2.,5@to cover the cost of administering this or-d'inance, Upon the filing
of the application aforesaid and the payment of the filing fee, the V4yor shall,
within ten days, call a meeting of the City Council to consider the application;
and notice of said meeting shall be given to the applicant" Uponthe hearing
and consideration of any application of the City Council shall determine whether
or not the proposed building, annexation, ~Atension, or enlargement, as the case
may be, would tend to create a fire or traffic hazard or would tend to be in-
jurious to the public health, welfare, and safety; and if the City Council shou'Ldi
so find; it may refuse to grant a permit" If the City Council should not so find,
it shall grant the application and a permit bearing the signature of the MayoF
anu attested by the Recorder shall be issued to the applicant.
Section 3. Any person, firm, or corporation receiving such permit shall construct
said building, annexation, extension, or enlarge~entauthorized by the permit in
accorda.."1ce
with the specifications set out in the application.
Section 4'.. Any person, firm, or corporation violating any of the pr-cvasxons of
this oftilinance shall be deemed guilty of a misdemeanor and upon cOr;l.victionshall
be fined in any sum not to exceed $15.• 00 for each day said v~ola,!>ionoccured,
and each day any building, annexation, or extension shall be under constructiom
or permitted to exist after construction without first having o~aineq a permit
prior to the beginning of the construction thereof shall be a violation of this 0
ordinance"
Section 5& All ordinances and parts of D~dinances and parts of ordinances in
conflict herewith are hereby repealed, and this ordinance shall be in full force
and effect from and after its approval and publication ••.
Passed June 23, 1947.

Approved: V. E. Ifu.tcheson, Mayor
Attested: DonAlley, City Clerk and Recorder
(seal)
June 27 . '. ..'
.;.+- c», 0,
rr ::s :j
-..A-'
r~n!,
J V
0
C-p·""_v)'LOVI~.
'---- '- --
.~ •.
ll1~d~ ~.G,&
IC~-f..... ',J
e to Regulate the Operating 0 Limits:
,
Be it Ordained"and Enacted by the E:ity Council of the City of Mountain

0
Home,Arkansas: '
Section I. That it shall be, and is hereby declared to be, unlawfUl for any person,
firm or corporation to'engage in the operation ' of any taxicab or automobile for
o
hire withi."1the City of Mountain Homewithout first procuring from the City
Council a permit to doro.
Section 2" Uponan application for a permit hereunder being filed'with the City
Recorder, the Mayor shall call a meeting of the City Council within .30 days to
consider such application. notice of the time, place and purpo~e of said meeting
having been given to the applicant" If, after consideration of an application,
the City Council finds that it is to the best interest and necessary to t~e public
peace, health and safety and public welfare, it may grant said per.mit.. It is does:
not so find, it may refuse to grant such a permit"
Section 3., It shall be tmLawfu.L for any person, firm or corporation to operate
within the City of Mountain Home, any ta..ncab or automobile for which is;
in a defective mechanical condition" The City Council may revoke permit of
any peroan violating this provision of this ordiaance.
Section 4" An applicant for a per.mit under this ordinance shall pay to the City
of Mountain Homea fee for such permit according to the following scheduler
$20.00 for the £irst automobile; $15.00 for the second; and $10.00 for each
additional automobile included in the permit.
Section 5.. Any person, firm or corporation operating under the provaaacns of this
ordinance shall be required to furnish service t1."ienty-four hours per day, if
called upon"
Sect Lom G... Any person, fii-m or corporation vi«Hating any of the terms of thi$
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any sum not less than $10 00 nor more than $25•.00, and each
0
day thereof shall be deemed a separate offense .•
Section~. If, for any reason any portion of this ordinance be held to be invalid,
such invalidity shall in no wise affect the remaining portions thereof which are
valid, but such valid portions shall be and remain in full force and effect"
Section 8. And this ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is hereby declared to exist
and the same shall be in full force and effect immediately after its passage"
Approved this 18th day of October, 1947.

Attest: Don Alley Recorder V" Eo Hutcheson, Mayor
(seal)
trove 28
ORDINA.YlJCE
NO. 89
Be it Ordained by the City Council of the City of Mountain Home, Arkansas •..
Section 1.. All motor vehicles ~ha;Ll be parked at an angle of 45 degrees, upon
the Public Square in the City of ¥.l()untain Frome,Arkansas.
Section 2. On all other streets within the City of Mountai.."lHome, all motor
vehicles shall be parked parallel.
"
Section 3. There shall be no double parking on any street in the City of Mountain
Home, Arkansas .•
Section 4. There shall be no tID turns at traffic lights on the Northwest or thee
Southwest corner of the Public Square ••
Section 5.. All motorcycles and bicycles, must have at least one and not more
than two head lamps, and a red tail lamp and stop lamp on the rear ••
Section G.. All other motor vehicles shall be equipped with at least two head
lamps, one on each side at the front; a red tail lamp on the rear, and a white
light to illuminate the rear license plate.
Section 7. Trucks and trailers shall be equipped in addition to the 19ihts

required in section G., with clearance, :iJ:rentification, side markers andi directional
signal lights.
Section 8~ It shall be unlawful to operate any motor vehicle within the City
of Mountain Home, Arkansas, withput hawing an operabor+s or chauf'fer+s license
as required by State Law"
Section9c Every person who shall violate either of the foregoing section$
shall be guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than $2.50 and not more than $25.$')(:)".
Section 10" All ordinances and parts of ordinances in connict:i:mrewith, ,is

hereby repealed, and this ordinance shall be Ln full force and effect from and
after its approval and publication ••,
Passed April 27,

Attest: Don Alley, Clerk Hugh Hackler, Mayor
(aeal )
ORDINANCE
NO.
B:e it Ordained by the City Council of the City of Mountain Home, Arkansas"
Section 1" That no motor vehicle shall be parked on the outside of the Public:
Square, in the City of l-fountain Home, for more than one hour; between the hour-s
of eight 0 t'clock in the forenoon and six 0 Wclock in the afternoon, daily except
Sunday"
Section 2.. That no moto~ Vehicle shall be parked on any street for a dist.ance
of one block from the Public Square in the Cit;T of MountaL"lHorne, for more than
two hours, between the hours ~f·eight o'clock iq the forenoon and six o'clock
daily except Sundayo
Section 3. E'VERY PE1l1.S0N

WHOSHALL VIOLATE EITHEROF THEFOREGOING Sections;
shall be guilty of a misdemeanor, and upon corrvi.ct-Lonet.her-ecfshall be }''-'-,
•.L<>U'<> •.•.
by a fine of not less than $2050 and not more than $25.00 •.
Section 4. All ordinances and parts of ordinances in conflict ilerewith" are

hereby repealed, and this ordinance shall be in full force and effect from and
after its approval and publication ••
Passed March 29, 194'. V. E. Hutcheson, Mayor
Attest: 'Don Alley, City Clerk

April 9
NO. 90
ORDINANCE
Be It Ordained by the City Council of the City of Mountain Home, Arkansas.
Seation 1. ~b trucks or pickup trucks with body more than i feet long will be
allowed to park on the public square L."'1
the City of Mountain Homee
Section 2. It shall be unla .•,ful to park any vehicle in an alley or "WoParking"

zone"
Section 3. Every person who shall violate either of the f'or-ego lng sections shall
be guilty of a misdemeanor, and upon convdct.Lon thereof shall be punished by a
fine of not less than $1.00 and not more than $25.00.
Section 4. All ordinances ~nd parts of ordinances in conflict herewith, i$

hereby repealed, and this ordL."'1~~ce
shall be in full force and effect fromcand
after its approval and publication.
Passed April 27, 194'. Hugh Hackler, Mayor
Attest: Don Alley, City Clerk

(seal)
ORDINANCE
NO.
Ell3 It Ordained by the City Council of the City of 1·10illnl~a:l.n Arkansas:
Section 1. Any person who shall appear at any public gathering of ar~ kind or
upon any public highway, street, park or throughfare in the City of Mountain
in a drunken or intoxicated condition shall be deemed guilty of a misdemeanor
conviction thereof shall be fined in any sum not less than $5. nor
$100 .•
00.
2. Any person who while in an intoxicated condition shall dr-Lve any
motor vehicle upon any public highway, street, park or throughfare within the
City of Mountain Homeshall be deemed guilty of a misdemeanor convd.ct.Lon
thereof shall be fined in any sum not less than $50 .•
00 not $100,,00•.
Sect.Lon 3. Any person who shall drive any motor vehicle upon any public highway,
street, park or throughfare in a reckless or careless manner shall be deemed
guilty of a misdemeanor and upon conviction t.her-eof' shall be fined not less than
$10.00 nor more than $100,,00.
Section 4. All ordinances and parts of ordinances in conflict .is hereby

repealed, and this ordinance. shall be in full force and effect from after it$)
approval and publication.
Passed April 27, 194a. Hugh Hackler, Mayor

(seal)
ORDINANCE
NO. 92
BE It Ordained by the City Council of the City of Mountain Home, Arkansas"
Section I. Any person who shall obstruct the drainage of any street or
throughfare in the City of Mountain Home, by private driveway shall be deemed
guilty of a misdemeanor.•
Section 2. Any person or persons now having the drainage of any street or
throughfare in the City of Mountain Homeobstructed shall remove said obstruction
withi..n 30 days from the date hereof.
Section 3. If said obstruction mentioned in Section 2, herein, shall not be
removed withi.J."J.
said 30 days the Street Commissioner shall remove said obst ruct.Lom
and the cost of said remo~l saa Ll, be charged to the owners of said property <>
Section 40 Any person or persons violating either Section one or ti[i:Q, shall
be guilty of a misdemeanor, and upon conviction thereof, 'Shall be fined in any
sum not less than $10.00 nor more than $25.00.,
Section 5. All ordinances L.1'1

conflict herewith, is hereby repealed, and this
ordinance shall be in full force and effect from and after its approval and
publication",
Passed April 27, 194~. Hugh Hackler, }'1:aYOF
Attest: Don Alle;.r, City Clerk

(seal)
ORDINANCE
NO. 93
Be It Ordained by the City Councd.Lof the City of Mountain Home, Arkansas
Section 1.. Anyperson who shall fail to stop at WlYstop sign in the City of
}1ountain Homeshall be deemed gu.ilty of a nri.sdemeanor-,
Section 2. Any person who shall fail to stop on a red light shall be deemed
guilty of a misdemeanor.
Section 30 Any person who violates either Section 1 or 2 shall be deemed

gui.Lt.y of a misdemeanor and fined in any sum not less than $2.50 and not mor-es
than $25.00.
Section 4. All ordinances and parts of ordinances in conflict herewith is

hereby repealed, and this or~1'1ance shall be in full force and effect from and
after its approval and publication"
Passed April 27, 19~. hugh Hackler, ~..a.yor
Attest! Don Alley, City Clerk

(seal)
ORDINANCE
NO. 94
Be It Ordained by the City Council of the City of Mountain Home, Arkansas:
Section 1. If any person shall willfully obst~ct or resist any sheriff or

marshal, or other ministerial officer, in the service or execution,of, or in the
attempt to serve or execute, any arit, warrant or process, original or judicial,
in discharge of any official duties, civil or criminal, or in the service of
any order or rule of Court in any case whatever, he shaLl, be deemed guilty of a
misdemeanor, and, upon conviction, shall be fined in any sum not less than $50.00
and m?Yalso be imprisoned not exceeding six months. ' ~
Section 2.. Every person who shall assault, beat or wou~, any officer while
engaged in the serv~ce or execution thereof or the attempt to serve or execute
any writ, warrant or process, original or judicial, or any order or rule of
Court, or while negaged in the discharge of any official duties, shall be deemed
guilty of misdemeanor, and on conviction, shall be punished as prescribed in
Section 1 hereof.
Section 3.. All ordiaances and parts of ordinances in conflict herewith, is

after its approval and pUblication.
Passed April 27, 1949.. Hugh Hackler, Mayor

(seal)
NO. 95
ORDINANCE
Be It Ordained by the City Council of the City of Mountain Home, Arkansas •.
Section 1. Any person who shall wear or carry in any manner, whate-wer, as
a weapon, any dirk or bowie knife, brass or metal knucks, or any pistol of any
kind whatever, l'11i.t.hin
the Cit;r of Mountain Home, shall be guilt;r of a misdea.rnanor;
and upon conviction thereof, shall be punished by a fine of not less than $50.00
nor more than $200.00 or by imprfusoment in jail for not less than 30 daysonor
more than 3 months, or by both fine and .impr-Lsonment,
Section 2. All ordinances and parts of ordinances in conflict herewith is

Passed April 27, 1948. Hugh Hackler 3 Mayor
Attest: Don Alley, City Clerk.

(seal)
lie It Ordained by the City Council of the City of l..fountain

HeIDe, Arkansas:
Section 1. It shall be unlawful for .y owner , .manager-, operator or any
other employee of a pool hall in the City of Mountain Home, to allow any person
or persons under 18 years of age to enter Irrt.oand r-emaln therein for any length
of time; and each and ever,y such owner, manager, operator or other employee so
permitting the 9.\!ltry
into and remaining therein, shall be guilty of a misdemeanor
and upon conviction thereof, shall be fined in any sum not less than $5.00 nor
more than $25.00.
Section 2. All ordinances and parts of ordinances in conflict perewith, is

its approval and publicationc
Passed April 27, 1948. Hugh Hackler, Mayor

(seal)
ORDINANCE NO. 97.
An Ordinance Prohibiting the Holding of Carnivals Within. the Corporated

Limits of }~untain Home, Arkansas.
Ef:e It Ordained by the Council of the City of Mountain Home, Arkansas.
Section 1" It shall be unlawful for any person, persons, firm, firms or
corporations to hold or produce ~'1y carnival, or to be interested in the showing
or producing of any carnival or to sponsor same to shown or produced within the
incorporated limits of the City of Mountain Home"
Section 2. Any person, persons, firm, or firms or corporation who shall

violate t.he+provfs.Lons of Section 1, herein, shall be deemed guilty of amis--
demeanor and upon conviction thereof, shall be fined in any sum not less than
$25.00 nor more than $250,,00 for the first offence; and for> each SUbsequent
offence shall be fined in the sum of $250.00. Each day sh9-ll constitute a separate
offence" .
Section 3. An emergency is hereby declared to exist and this Ordinance being

necessary for the immediate preservation of public peace, health and safety, it
shall take ~f!ea and be in fl.l.llforce from and after its passage .••
Approved}~y 11,1948. Hugh Hackler, l-1ayor .
(seal) Don Alley, Clerk.

ORDINANCE NO. 9i
Ef:e It Ordained by the City Council of the City of Mounta:ip Home , Ar-kansase
Section 1.. That no motor vehicle shall follow the fire truck or any firemam's
cars closer than a distance of one block .•
Section 20 That no motor verdcle shall stop or park closer than one block
to any burning building while the firemen and fire truck are in operation"
'Section 3.. It shall be unlawful for any person or persons to stand or con-
gregate closer than two hundred feet of any burning building while firemen and
the fire truck are in operation .•
Section 4.. It shall be unlawful for any person to drive any vehicle across
a fire hose while lying upon or across any street at any time .•
Section 5.. Any person occupying or driv'.....ngany vehicle shall park saidJ
vehicle at curb or other place at a safe distance from the street at the sound
of the fire alarm and remain in that position until they determine the direction
or street upon which fire t ruck is traveling"
Section 6" Every person who shall violate either of the foregoing sections
shall be guiltJr of a misdemeanor, and upon conviction thereof shall be punished
by a firie of not less than $25•.00 and not more than $50.00.
Section 7.. All ordinances and parts of ordinances L.'1. conflict herewith, are
Passed October 12, 1948•. Hugh Hackler, Mayor
(seal) Attest: Don Alley, Clerk.

Oct. 29
ORDINANCE
NO. 99
fo~ Ordinance to Provide for City License for Automobiles, Trucks and Other
Motor Vehicles ••
He It Ordained by the City Council of the City of Mountain Home, Baxter

County, Arkansas:
Section 1. That Ordinance Number 74 be, and the same is hereby repealed.
Section 2. Any person or persons, firm, firms, partnerships or corporation~

in the City of Mountain Home, Baxter County, Arkansas, owrung or operating am
automobile, truck, or any other motor vehicle, shall be requir ed to obtain a
City license for same••
Section 3" 'lJhat said license. shall be as follows: automobiles, motor-

cycles, one-half ton trucks, one and one-half ton tr'.lcks and all other motor
vehi.c'l.es shall be $5.00 each per annum; and all dealers in new and used automobiles,
motorcycles, trucks, or any other In0tor vehicle shall pay a license of
$10.00 per annum.
Section 4. That said license shall be due and payable between the dates o~
January 1st and January 15th each year and shall be paid to the City Collector
at his office in Mountain Home, Arkansas; who will issue a receipt and tag therefor;
and all persons failing to procure a Li.cense tag and exhibit same
upon his automobile, truck or other motor vehicle within said dates, shall pay-
a penalty of twenty-five cents for each day thereafter, not to exceed the amount
of the license provided herein", --
Section 5. Any person, persons, firm, firms, partnerships or corporation in

the City of Mountain Home, found operatd.ng an automobile, truck or any other
motor vehicle, Irithout having displayed thereon a city license tag for the current
year, shaLl, be deemed guilty of a misdemeanor, and upon conviction thereof, in
additionl to the penalty provided in Section 3, shall be fined in any sum not less
than $10.00 nor more than $25.00 for each offense, and each day of said operation
shall constitute a separate offense"
Section ,. The word person, persons, firm, firms, partnerships or corporations

who have or maintain, a recognized place of business within the incorporated
limits of the City of Mountain Home, or who reside within the City of J.1ountain
Home e
Section 7" Any person, persons, firm, firms, partnerships or corporations

shall be deemed a resident of the City of Mountain Homewho have resided therein
for a period of thirty dayss, and shall be subject to procure the license provided
in this Ordinance on and after thirty days from the date of rewidence.
Section 3. If any section or part thereof of this Ordinance be declared to be

unconstitutional by a Court of competent Jurisdiction, it shall not affect any
other section herein, unless specifically so stated .•
Section 9.. All Ordinances and parts of ordinances in conflict herewith are
hereby repealed and this Ordinance shall be in full force and effect from andi
after approval and publication hereof.
Passed October 12, 1943. Hugh Hackler, Mayor-
(seal) Attest, DonAlley, City Clerk.
Nov. 12
ORDINANCENO. 100
AN ORDINANCELEVYINGA TAX UPONMUSIC V.ACHINESWITHIN THE :mcoRPORATED

- LIMITS OF THE CITY OF MOUNTAINH~ME, ARKANSAS.
BE IT ORDAINEDBY THE COUNCILOF THE CITY OF MOUNTAINHOME,ARKANSAS:
Section 1. It shall be unlawful for any person, persons, firm, firmS",

partnership or corporation to operate, maintain, or have in their and or its
possession any music machine in which the public may deposit coin for the purpose
of giving music, without first having secured a license for the operation,
maintenance and possession of said machine from the City of l{ountain Home,
Arkansas.
Section 2" '!'here is hereby levied an annua.l, tax in the sum of Five Dollars
($5 .•00) on each machine that is located within the corporation of the City o:f
Mountain Home, Arkansas, as set out in Section 1,,° hereof.
Section 3. Said Tax shall be due January 1, and payalil:l.e on or before January
15 of each year .•
Section 40 No permit will be granted for a Les s period than three months; and
said license shall expire on the 31 day of December of the calander-year in which
said license shall have been paid.
Section 5. AN EMERGENCY is hereby declared to exist, and this ordinance being

necessary for the immediate preservation of pub-lic peace, health and safety, it
shall" take effect and be in full force from and after tis passage.
Approved: October 4, 194' Hugh Hackler, Mayor .•

Don Alley, Clerk .•
(seal)
ORDINANCE
_NO. 101
An ordinance providing for the acceptance of cont.Lgeous and adjoining

territory to the City of Mountain Home, Baxter County, Arkansas e
BE IT ORDAINEDby the council of the City of Mountain Home, Baxter County,

Arkansas, that.
WHEREAS,a petition was filed by B•• Nic Saltzman, Ward Hackler, and sixty--
eight other citizens and land owners with-the County Court, of Baxter County,
Arkansas, seeking to annexed all the territory hereinafter described to the
City of Mountain Home, Baxter Counby , Arkansas, to-w;it:
SE l. NEl..
. l;.
m.r1.NIlifl..
4-, an4- ?-=. SEl..
4-, J.l/'£:. 4-, SEl.
4- SW1. 1Iw1..NE):l- NW+SE+
.....,.,.u4-, <j: ..•. ...., e
NWt;:sWi; S! S! NEi swi in Section 4; S! SEi NEb SE~;

SE~ swi llmi SE:!::; NEi NW~SEi SE~; NE:!::SE~ SE:!::; mE:!::SEi
SE:!::SE:!::j in Section 5; SE! RE! NiE!.; lit'! S~

1 anni
SE4= ~
in Section 17; NWi W:!::; N! NEt NW:!::;swi NEt .IillWW~Ii;a,nQ
mwi NE:!::in Section l~; NW:!::;SW:!::;W ! SWt SEt; iN! NW:!::

SE:!::;:
W~ NW:!::
SE:!::; NE:!::NWt SE:!::;N:~Nfi-lIIE~ SEt;; S! NEt; NWt NEt;
all in t.ownshfp 19, N'tlrth, Range 13 West of the 5 principal
Meridian .•.
ANDWHEREAS, the County Court did on the 17th day of September, 194', make
an order annextng said territory above descr-Ived to the City of Mountain Home,
Baxter County, Arkansas •.
ANDWHEREAS, thirty days have Leapsed and no protest was filed v.rith the Clerk
of the County Court,and,
WHEREAS, said proceedings in sid County Court, was on the 17th day of October,
1949, confirmed by said court in all things"
NOWTHEREFORE, be it ordained by the council of the City of Mountain Home,

lBaxter" County, Arka."1sas, that the inhabitants residing therein sha.l.L have and enjoy
all the rights and privileges of the inhabitants with in the original limits of the
City of ~untain ijome, Baxter,County, Ark~nsas.
ALL ORDINANCES ANDPARTSOF ORDINANCES in conflict herewith are hereby repealed,

and this Ordinance shall take effect and be in full force from and after its approval
and publication, as required by law ••
Approved this:: 1st day of November, 1949••
Hugh Hackler, Mayor of the City of

Mountain Home, Baxter Co.• Arkansas ••
ATTEST:
Recorder of the City of Mountain:.

Home, Baxter County, Arkansas e
ORDINANCE
NO..102
AN ORDINANCEREPEALING
ORDINANCES
NO. and NO.. a1 au
OF THECITY OF MOUNTAIN
HOME,ANDDECFARING
AN EMERGENCY.
WHEREAS, the City of Mountain Home, Arkansas, in furtherance of its plan to

provide an adequate supply of wat.er for its inhabitants ...and in response to a petition
from the owners of real property within the corporate litmits;, by its City Couneil
enacted Ordinance No. a1
on July a,
1946, establishing Waterworks Improvement
District No•• 1 of the City of Mountain Home, Arkansas; and,
WHEREAS, in fut'the""~ce of that plan the City Counnl did 01). March 2l+ 1947
pass Or-dlliance N.O.. 54c 1...rflJ.cn
-levied an assessment of benefd ..ts agaanst, the I!nas With
in the aistrict, and since that time it has developed that the improvement proposed
~ the district cannot be undertaken because of the statutory limitation on the
amount of money the district can spend, and the district has been abandoned,
making it advisable to repeal these oridnances and clear the way for new plans;
for the improvement of the water and sewerr service afforded to the inhabitants
of the City; now, there~ore,
HE IT ORDAI}'1ED
ey- the City Council of the City of Mountain Home, Arkansas;
Section 1.. That Ordinance No, 81 of the City Council of the City of Mountain
Home, passed and approved on July a, 1946, be and the same is hereby repealed,
annuled, set aside, and forever held for naught~
Section 2. That Ordinance NOe '4 of the City Council of the City of Mountain
Home, passed and approved on March 24, 1947, be and the same is hereby repealed,
anulled, set aside, and forever held for naught ••
Section 3.. It is further ascertained and declared that there is immediate

need for the improvement of the water and sewer service in the City of Mountain
Home1,.'1 order to protect the lives, property and health of the inhabitants of the
City, and thatibherefore an emergency exists, and this ordinance J being necessary
for the presergation of the public peace, health and safety, shall take effect
and be in force on and after its passage ••
Passed; November 22, 194'.
ATTEST: Approved: Hugh Hackler, :t-fayor

-----~' "-'"- - ~~ ---=-..---
City Recorder
ORDINANCE NO. 103
An Ordinance Amending Ordinance No.7', as amended by Ordinance- Nb ••go
He of the City of Mountain: Home, Arkansas.

it Ordained by the City 6ou-11.cil
Section L, Ordinance No" 7' being entitled III An Ordinance to levy a tax
on the privilege of engaging in any business, trade, occupation, Vocation, p
n-,
profession or calling, and for other '1)Urposes as amended by OrdL."lanceIIfb
e
~, is hereby amended as follows: -
Section 2.. Section 4 of Ordinance No.7', as amended by Ordinance Wo .•

is hereby amended by adding two lines at the close of Section 4, as follows:
.Monument Works.. • • • • oo
$la •.
Auto Salvage Yard • •
• • <»
. . .• .
• ••• • • <» • III e •
eo..
• e
•. • 12 •.
00
Section 3.. All Ordinance and parts of Ordinance in conflict herewith

are hereby repealed, and this ordinance shall-be in full force and effect
from and after its approval and publication~
Dated Januar,r 3rd, 1950 0
Approved: Hugh Hackler, Mayor

A Tl'EST: _
Sity Clerk and Recorder
(seal)
ORDINANCE NO. lOl#
AN ORDINJ..NCEESTABLISHING SEWER IMPROVEMENT DISTRICT NO.1 OF THE

CITY OF MOUNTAIN HOME, ARKANSAS.
WHEREAS, parties claiming to be the owners of more than two-thirds in

assessed value of the property located within the territory hereinafter
described have filed a petition praying that ~11. improvement district be estab-
lished for the purpose hereinafter set out; and
1jVHEREAS,after due notice as required by law, the City Council of thee

City of Mountain Home, Arkansas, has heard all the partied des Irdng to be
heard, and has ascertained that said petition was signed by more than two-
thirds in assessed value of the owners of real property withLn said territor,r.
NOW, THEREFORE, BE IT ORDAINED by the' City Council of the City of Mountain

Home, Arkansas;
SECTION 1. There is hereby established an impro~ement dist~ict embracing

all of the real property lying in the following deaer-Lbed part of the City
of Mountain Home, County of Baxter, State of Arkansas, to-wit;
Beginning at the southeast corner of Section 5, To~mship 19~orth,

Range 13 West, thence north to th~ southeast corner of theNlEt;;_ SEt;;sE;k ~ of
said Section 5; thence west to the southwest corner of the mEt;;sE;k SEl SEl
of said Section 5; thence north to the north line of SE:k of said
Section 5; thence east to the east line of said Section north to
the northwest corner of the SW! sw-i -! SWt;;of Section Twonship 19 North,
Range 13 west; thence east a distance of 490 feet; thence so~th to a point
500 feet south of the east and west centerline of the SW! of ,said Sect.Lon 4;
thence east to the centerline of Main Street extended north; thence north to
the southwest corner of the mwl SWt;;NEl SW! of said Section 4; thence east
to the north and south crenterline of said Section 4; thence south across
U. S. Highway No. '2 to the south right-of-way line of said Highway '2;
thence northeasterly along the south right-of-way boundary of said highway
a distance of la' feet to a point which is 175 feet east of the north anm
S'Quth meterline of said Section 4; thence south and parallel to the center -
line of said Section 4 to the south line of said Section 4, thence east a dis-
tance of 3g feet; thence south and parallel to the north and south ~enter-
line of Section 9, Township l' North, Range 13 West, a distance of 275 feet
to a point which is 213 feet east of the north and south centerline of saim
Section ,; thence east and parallel to the north line of said Sectiom , a
distance of '47 feet; thence South and parallel to the north and south
centerline of said Section , a distance of 550 feet to a point which is 135
feet east of the east line of liD" street; thence southeasterly a distance
of 209 f:f~ to a point which is 270 feet east of the east line of liD" street
and 284 feet north of the east and west centerline of the ~£Et of said Section
9; thence south a distance of 284 feet to the east and west centerline of
the NE~ of the said Section 9; thence east to the center of the NEt;: of saidl.
Section 9j thence south to the southwest corner of the NlW"tN'Y1TtSEt NEt: 9ff'
said Sect~on 9; thence east to the north and south centerline of the SEt NE~
of said Section 9; thence south to the southeast corner of the NEi: ml! mEt SEt
of said Section 9; t.hence west to the north and south center line of the SE~
of said Section 9; thence south to thee southeast corner of the NEt NW~ SE~
of said Section 9; thence west to a point 442 feet east of the north and
south centerline of said Section 9; which line is also the cent.er-Line of
Shipps Ferry Road; thence south and par~llel to the centerline of said Section
9; to a point 852 feet north of the south line of Section 9; thence west to
the centerline of said Section 9; thence south to the south line of said
Section 9; thence west to the centerline of Dodd Creek; then meandering
with the centerline of Dodd Creek in a nortpwesterl~ direction to an inter-
section with the east and west centerline of the NEJ; SE~ of Section 8;
'Ilownship19 North Range 13 West; thence west, to the southwest corner of the
SEi NE! NE~ SEi of said Section 8; thence north to the east and west centerline
of said Section 8; thence west to the sout.m.•est corner of the SEt SW~ SEi: NEt>
of said Section 8; thence north to the east and west centerline of the ~rEi:
of said Section 8; thence east to the southeast corner of the $Wt NEi: NE~
of said Section t; thence north to the nenter of the NEt NEi: of said Section
8; thence east to the east line of said Section 8; thence north to point of
beginning; for the purpose of constructing a sanitary sewer system to
serv-ice said territ;or.y and, if deemed advisable, to extend the outlet beyondi
the boundaries thereof, in such manner- and with such materials as the Comm- ,
'-j issioners to be elected for the said improvement district shall deem to be
for the best interest of said district, and that the cost thereof be assess~
and charged upon the real property above described •.
Said District shall be known as Sewer Improvement District Mo. 1, and
B" B. Foster
Ray Ramey Jr., and
Sam Powe'l.L
are hereby named commissioners, who shall compose the Board of Improvement
for said district.
Section 2.. This Or-ddriance shall take effect and be in force from and)
after its passageo
Passed~ March 28, 1950.

Approved: Hugh Hackler, }fayo!'
Attest: Don Alley, Recorder.
ORDINANCE NO.I05
_~00RDINANCE ASSESSING THE BENEFITS TO BE RECEIVED H[ THE Ow~S

OF EACH OF THE SEVEP..ALLOTS, BLOCKS AND PARCELS OF LAND Wj:THUIf
SE"WER D1PROVEMENT DISTRICT NO.1 OF MOUNTAIN HOME, ARKANSAS ..
WHEREAS, a majority of two-thirds in value of the property owners

owning real property adjoining the locality to be affected and situated in
Sewex' Improvement District No. I of Mountain Home, Arkansas, organized for
the purpose; of constru.cting a sanitary sewer system to serv-ice said territo:vy
and if deemed advisable, to extend the outlet beyond the boundaries thereoi':~
in such manner- and with such materials as the Commissioners of the District
shall deem to be for the best interest of the District, have petitionedl.
the City Council of the City of Mountain Home for the construction of said
improvement, and that the cost thereof shall be assessed upon the real
property of said district according to the benefits rec~ived; and
WHEREAS; said benefits received by each and every lot, block~ and
parcel of real property situated in said District equals or exceeds the
local assessment thereon; andi
WHEREAS, the estimated cost of said improvement is $230,000 of which

$120,000 will be paid by sewer revenue bonds, leaving a total cost to the
distric:t of $110,000;
NOW T'nEREFORE, BE IT ORDAINED by the City Council of the City of

Section 1. Tr~t the said several lots, blocks and parcels of real
property in Se\"lerImprovement District No •.1 of Mountain Home, Arkansas, be
assessed according to the assessment list for said District as the same now
remains in the Office of the City Recorder, and that five per-centum (5%) of
the assessment of benefits on each of said lots, blocks, and parcels of real
estate shall be paid, annually with the first installment of the general
taxes until the whole of said local assessment shall be paid, the first
collection to Me made in the Year 1951 •.
Section 2. All ordL~ancex and parts of ordinances in conflict herew~th

are hereby repealed, and this ordinance shall be in full force and effect
from and after its passage ••
Passed: Sept. 5, 1950

Approved: Hugh Hackler, lJI".ayor
Attest: Don Alley, City Recorder"
ORDINANCE NO •.106
AN ORDIrJANCE FIXING THE TIME FOR THE FILING OF REFE...'1ENDUM

PETITIONS
PROVIDED FOR BY AMENDMENT NO.. 7 TO THE CONSTITUTION OF THE STATE OF
ARKANSAS, AND REGULATING THE PROCEDURE THEREON.
BE IT ORDAINED tiw the City Council of the City of Mount.a.In Home, Arkansas:
Section 1. All referendum petitions under Amendment No •.7to the

Constitution of the State of Arkansas must be filed with the City Recorder
within thirty days after the passage of the measure upon which the referendUm
is sought •.
,
Section 2.. Whenever any referendum petition is filed, the City Couna:il
shall give notice by publication for one insertion of a time not less than
five days after the publication of such notice at which they will hear all
nersons who wish to be heard on the cuest}on whether such petition is sigg~d
by the r-equ.Ls
i.t e number of pet i.t.Loner's
, _"l.t
the time named the GiCy L:ouncu.
shall meet and hear all who wish to be heard on the question, and its decision 1
shall be final, unless suit is brought in the Chan eery Court of BIL"CterCounty
wQthin thirty days to review it s action"
Section 3.. If the City Council finds that such petition ~gned by
the requisite number of petitioners, it shall order a special election to
determine by a vote of the qualified electors whether the ot't:1L."1a.nce
shall
stand or be revoked" The date for such election shall be not less than ten
days after the order therefor has been made by the Council, and said electiom
shall be had and conducted as general mlli~icipal elections held the Cit~ of
Mountain Home.
Section 40 If any ordinance referred to the people is defeated at the

polls, the City Council shall make notice of such fact and shall expunge
such ordinance from its files with red L~k~
Section 5. If any provision of this ordinance void, it
shall not affect the validity of the remainder, but shall stand"
Section~. The City COQnail hereby ascertains and declares that there
will be in the near future the enactment of certain ordinances and resolutions'
pertaining to the improvement of the municipal water and sewer systems, and]
that unless there is a limit fLxed within which referendum petitions may Be
filed, there is danger of loss of life or PiIJoperty,and that therefore aE
emer-gency exi.s't s and this ordinance, being necessary for the preservation of
public peace, health and safety, shall become effective without delay
immediately upon its passage.
Issued Sept. 19, 1950"

Appro-I;ted:H;zI. •.EDallrym.pl:e.~y~yor
Attest: Don Alley , :fi~cor§.l?l'H _
City Recorder
ORDINANCE
NO 107 e-
AN ORDL~ANCE PROVIDINGFOR T}IEEXTENSIONJ ENTJ.RGBJ1ENT,

ANDIMPROVEMEN'Jr
OF TfIEPRESENTVlATERVlORKS SYSTEMSERVINGTfIE CITY OF MOUNTAL~ HOME"
J<.RKANSAS,
.tI.NDFOR THE ENLARGEMENTANDEXTENSION OF THE SEW"E."i
SYSTEM:
SETTINGtJP CERTAINFUNDS:FIXING TfIE R8..TESTO BE CHJ<.RGED FOR THE
SERVICESTO BE FtJRNISHED BY SAID i1TATER
A..~DSKvJERSYSTEMS:PROVIDING
FOR THE ISSUANCEOF 1'lATER ANDSEWERRVl:&\ltJE BONDS:REPEALINGORDINANCE
NO. OF SAID CITY; ANDDECLARING ANLE1JlERGENCY"
WREP~S, the City of Mountain Home, Arkansas, mvns a municipal waterworis

system which is free from debt, but due to the rapia growth in population of
said City t.hi.s system is now inadequate to give the proper ser-vt.ce to the,
inhabitants of the City and it is necessary to provide for the extension and]
improvement of the said wat.erwor-ks sys t.em, and there is immediate need to
enlarge and extend the sewerage collection system to be built by Sewer Improve-
ment District No. 1 of Mountain Home: and
WHEREAS,the City Council has had plans made for the necessary extension
and equipment of both the waterworks system and the sewer' system, in order to
protect the lives and property of the inhabitants of the City, which p'Ianes
have been prepared by Y.ax A.. Hehlburger of Little Rock, Arkansas, a r-egi.st.ened
engineer and a recognized authority on waterworks and sewer systems, who haa
also filed an estirr~te of cost show~ng that it will require $270,000 to pay
for the needed irr~rovements, extensions, and equipment; and these plans,
together with the estimates of cost, have been filed with the City Recorder
and are nov on file in his office, and the estimates of cost will cover all
engineering, legal and other expenses in connection with the extension and
new equipment for the systems, and interest durL~g const5uction, together.
with the cost of the issuance of the necessary bonds; andJ.
WHEREAS,the City Couned.L has det-ermined that the funds for the improve-
ments and extensions shall be obtained by the issuance and sale of $~'O, 000
in revenue bonds payable solely from the net revenues to be dm-ived from the
operation of the waterworks and sewer systems after the proposed extensions: .
and new equipment have been made and furnished, and $110,000 shall be pro-w.i.ded
by the issuance of. bonds by Sewer ~-nprovement District No. 1 of Hountain
Home, to be secured by an assessment of benefits; an~
WHEREAS,THE Cit;.r has entered into a contract with We R.. Stephens

Investment Company, Inc", of Little Rock, Arkansas to sell to them the
$160,,000 of water and ses.•er revenue bonds of the City, bearing interest at
the rate' of 31/2% per annum, to be dated July 1, 1950, and due serially on
January 1 of each year as follows:
$3000 in 1950 to 1955,inclusive

3500 in 195' to 1959, inclusive
4000 in 19'0 to 19'3, inclusive
4500 in 1964 , 1965 and 1966
5500 in 1967 and 196$
6000 in 1969 and 1970
6500 in 1971 and 1972
7000 in 1973 and 1974
7500 in 1975 to 197$ inclusive
$000 in 1919 and 19$0
$500 in 19$1
with the right to convert these bonds to bonds bearing a. lower rate of
interest, upon condition that the City shall receive no less and be require&
to pay no more than it would receive or pay if the bonds were not converted;;
and
WHEREAS,the purchaserw have elected to convert $16.0.000 of 3-1/2% bonds

to $172,000 in bonds bearing Ln.terest and maturing as hereinafter set out;
and"
WHEREAS,the City has examined the computations for both the issue of"
$160,000 in 3-1/2% bonds and the. issue of $172JOOOin 2-1/2% and ~ bondss
both issues dated July 1, 1950, and maturing serially, and has found that the;
total cost of retiring the 2-1/2% and 3% bonds will be $640 less than the
cost of retiring the3#1/2% bonds, and that therefore the City by reason of'
the conversion will not receive less or be required to pay any more than it
would receive or pay if the bonds were not converted, and so the conversion
is approved;
NmiT,THEREFORE,BE IT ORDAINED
BY The City Council of the City 0:['
Mo~~tain Home, Arkansas:
Section L, That the City of ¥lOuutain Home, Arkansas, her-eby ratifies

and confirms the determination to enlarge, extend and equip with new-equip-
ment the present wat.erwcrks system now serving the City, and to enlarge andi
emtend the sewerage collection system to beilt by Sev-lerImprovementDistricd
District No. 1 of Mou."1tainHome,and to that end a general description of
the work to be done is as follows:
For the waterworks system-- the plans call for enlargement of the
distribution mains and service lines in order to makethe water availarrl.e
to substantially the entire population of the City" '
For the Sewer System-- the plans include the enlargement and construction
of the collection system to afford sew-e]!'
service to parts of the City which
otherwise would be without it"
The City Council further finds' that the plans have been approved by the
State Board of Health.
:Boththe water system and the sewer system, as they vlill be after the
completion of the improvementsand extensions, are sometimes hereinafter
referred to as the ltWorksIf"
Section 2. That under the authority of Acts Nos. 131 and 132 of the
General Assemblyof the State of Arkansas for the year 1933, and acts
amendatory thereof (hereinafter sometirnes referred to as nAa:ts131 and 13:e,
as .l1.:ro.endedrevenue
ll), bonds be issued in the total amount of $172,(iJOO,
th~
proceeds of the sale of which issue shall be used toward the cost of constru~-
tion of the \A/orks;that said bonds be designated IlCity of Mountain ROmeo
---1" ~I/ater and Sewen- RevenueBondTw, to be dated as of .fuly 1, 1950, numbered
from 1 to 182, both inclusive, to be in the denomination of $1000 each except
BOndNo.5, which shall be in the denomination of $200, and Bonds .!\ros.18,
23, 28, 33, 38, 43, 48, 53, 58, 79,104, Ill, 133, 141, 149, 157 and 182,
which shall be in the denomination of $500 each, of which Bonds No. s to 43,
inclusive, amounting to $39,200, shall bear interest at the rate of 2-1/2%
per annumand Nos. 44 to 182, both inclusive, amounting to $133,500,shall
bear interest at the rate of 3%per annum, and to mature serially on the first
day of January in each of the following years and in the fol1mling amounts,
respectively, (but callable as hereinafter set forth):
YEAR BOND NOS. MfOUNT

(both inc1usive)
1952 1 to 5 $ "4200
1953 6 to 9 4000
1954 10 to 1.3' 4000
1955 14 to 18 4500
1956 19 to 23 4500
1957 24 to 28 4500
1958 29 to 33 4500
1959 34 to 38 4500
1960 39 to 43' 4500
1961 44 to 48 4500
1962 49 to 53 4500
1963 54 to 58 ~.500
1964 59 to 6:J 5000
1965 64 to 68 5000
1966 69 to 73 5000
1967 74 to 79 5500
1968 80 to 85 6000
1969 86 to 91 6000
1970 92 to 97 6000
1971 $8 to 104 6500
1972 105 to III 6500
1973 112 to 118 7000
1974 119 to 125 7000
1976 126 to 133 7500
1976 134 to 141 7500
1977 U.2 to 149 7500
1978 150 to 157 7500
197~ 158 to 165 8000
1980 166 to 173 8000
1981 174 to 182 8500
Interest sha.Ll, be payable on the first day of January and July of each year;
the bonds shall be signed by the Mayor and City Recorder and sealed with the
corporate seal of the City; the interest shall be evidenced by coupons
attached to the bonds, the coupons to be signed by the Mayor by his facsimile
signature, and said ¥ayor shall be the execution of the bonds adopt as and
for his own proper signature his facsimile signature appearing on said
coupons; the bonds and coupons shall be payable in such funds as at the time
of the respective payments are legal tender for the payment of debts due the
United States of America, at the office of The Corr~ercial National Bank of
Little Rock, Arkansas.
The bonds, together with interest thereon, shall be payable solely out of
the Hater and sewer Revenue Bond Fund as hereinafter defined, and shall be
a valid claim of the holder thereof only against such fund, and the amount oir
the revenues pledged to said fund, which amount of said revenues is hereby
pledged and mortgaged for the equal and ratable payment, of the bonds and shall
be used for no other purpose than to pay the principal and L~terest of the
bonds, except as hereinafter set out.
SECTIONc3e That said bonds and coupons be in substantially the following

form:
UNITEDSTATESOF AMERICA
STATE OF ARKAl\JSAS
COUNTY OF BAXTER
CITYOF MOUNTAINHOME
~ vlater and Sewer Revenue Bond

Nbe_
KNOW
ALLMENBYTHESEPRESENTS:
'"
'l1hat the City of l{ountain Home, in the County of Baxter, State of'
Arkansas, for value received hereby promises to pay, solely from the special
fund provided therefor as hereinafter set forth, to bearer, the sum of
on the first day of

-~-------. DOLLARS
January, 19__ , with interest thereon at the rate of
_~_-"per centum (~) per annum from •.
Ju'Iy 1, 1950, 'until paid, payable
on the first day of January and July of each year, upon presentation and
surrender of the annexed coupons as they severally become due , Both l3rinlici.pal
hereof and interest hereon shall be payable in such funds as at the time of
the respective payments are legal tender for the payment of debts due the
United States of America, at the office of The Commercial National Bank of
Little Rock, Arkansas .•
This bond is one of a series of bonds aggregating One Hundred Seventy-

two Thousand Seven Hundred Dollars ($172,700, all of like tenor and effect,
except as to number denomination, interest rate, and maturity, numbered from
1 to 41:$2, both LnoIusdve ; and issued for the purpose of providing funds for
improving, enlarging and extending the water and sewer systems og said City"
This bond and the series of which it forms a part are issued pursuant-
to and in accor-dance with the provisions of Acts Nos•. 131 and 132 of the
General Assembly of the State of Arkansas for the year 1933, as amended, and
do not constitute' an indebtedness of said City of MOl.mtainHomewithin any
constitutional or statutory limitation.. Said Bonds are payable solely from
a fixed amount of the gross revenues from the water and sewer systems, whi.ch
amount, shall be sufficient to pay the principal of and interest on the bonds
as the same become due and payable. Said amount has been dul;y-set aside and'!
pledged as a special fund for that purpose and identified as lIWater and Se'<Ner
Revenue BOndFund", created by Ordinance No. 107, duly adopted by the City
Council of said City of Mountain Homeon the 19th day of September, 1950,
under which this bond is authorized to be issued, and in said ordinance the
said City has fixed and has covenanted and agreed to maintain rates for water
and sewer servf.ces ",rhich shall be sufficient at all times to provide for the
payment of the prinli!ipal of and lc"1terest on the bonds as the same become due
and payab~e, to provide for the creation of separate depreciation funds for
necessary replacements to said wat-er and sewer systems, and to provide for
the payment of the reasonable expenses of operation and maintenance of said
systems.
TJ,.is bond is expressly made negotiable under said Acts No.. 131 and 132
of 1933, as amended, and is issued with the intent that the laws of the State
of Arkansas shall govern the construction t aereof e
'1!hebonds of this issue shall be callable for payment prior to maturity
in L~verse numerical order, at par and accrued interest, as follows: If callero
for payment from surplus revenue, on any interest paying date; if called fOlT
payment from any other funds, on any Lrrt.er-es't
paying date on and after July 1,
1955.. In the event a call is made for payment 'Defore maturity, the City shall
publish notice of such call once a week for two weeks in some newspap~ of
general circulation throughout the State of Arkansas and published in the City
of Little Rock, Arkansas, giving the number and maturity of each bond being
called, the first pUblication to be at least fifteen days prior to the date
fixed for redemption, and after the date fixed for redemption each bond so
called will cease to bear interen, provided funds for its payment are on
deposit with the paying agent at that time.
IT IS HEREBY CERTIFIED, RECITED, ANTI DECLARED that all acts, conditions

and things required to exist, happen, and be performed pursuant to and in the
issuance of this bond have existed, have happened, and have been performed in
due time, form and manner, as required by law, and that sufficient of the
income and revenue which is deemed to "be derived from the operation of said
water and sewer systems has been pledged to and will be set aside into saim
special fund for the payment of the principal of &~d interest on said bonds.
'Ihis bond shall not be valid until it shall have been authenticated by
the certificate hereon, duly signed by !he Commercial National Bank of Little
Rock, Arkansas •.
IN WITNESS I'ffiEREOF,the City of Mountain H me , Ar-kansas, by its City

Council, has caused this bond to be signed by the Yayor and City Recorder
thereof and sealed with the corporate seal of said City, and has caused the
coupons hereto attached to be executed by the facsimile signature of said
Mayor, as of the first day of July, 1950 0-,
CITY OF MOUNTAIN; HOME, P.RKANSAS

By IE. L" Dalrymple
FrAyer'
(Seal)
Attest:
City Recorder •.
(Form of Coupon)
Ko._-- ~--
January
On the first day of July, 19_, the City of Mountain Home, Baxter
County, Arkansas, unless the bond to which this counon annertafus is sooner
called for payment, promises to pay to bearer the
solely out of the fund specified in the bond to coupon appertains,
at the office of The Commercial National ~'1.k of in
such funds as at the time of payment hereof are the payment
of debts due the United States of America, being then
due on its Water and Sewer Revenue Bond dated July numbered __ e
CITY OF MO UNTAINHO~1E) ARKANSAS

BY: HeL.. Dalrymp1e.Y;ayo:rr
(All coupons shall be for six months' interest. The Mayor"ssignature on the
coupons may be lithographed or engrav~do)
On the back of said bonds is to appear the following:
CERTIFICATE
This is one of the 182'bonds aggregating $172,700 dexcribed within
THE COMMERCIAL NATIONAL BANK OF

LITTLE ROCK, ARKANSAS, Trustee
By .....,...----,.....-- ~_-....o.-_
Vice-President and Secretary
Little Rock, Arkansas
__________ s 1950 •.
SECTION4G That the following rates have been fL~ed as the rates to be
charged for water to be furnished by the wat-erwor-ks system, and the Counc:il
_hereby finds them to be reasonable and necessary miD~UID rates to be charged,
and hereby continues then, to-wit:
DOl<lESTIC
RATES( PER MONTH)
First 3,000 gallons or less $2.50
Allover 3,000 gallons: .50 per 1000 gallons
Minimummonthly charge 2.50
COMMERCIAL
ANDINDUSTF.IAL
HATES( PERMONTH)
First 20,000 gallons or less $5.50

All over 20,000 gallons .25 per 1000 gallons
Minimummonthly bharge 5.50
FIP..EHYDP..ANTS.
PER.HYDRANT
PER.YRIffi
Except in the case of fire hydrants, meters shall be installed for each
separate user of water, both public and private: a f8.JtLlilyor .a business shall
be considered one user but each apartment in an apartment house shall be a
separate user"
The monthly sewer rates shall be as follows:
DOHESTIC
RATES(PER.MONTH) $ 2.00 per user
COMl-fERCIAL
BATES(PER.HONTH)
Tourist courts, schools, hotels, and
PUb;~~ ~~;!~~~' p:~'1:~e{~~r 10

toilets or less,
25¢ per month per toilet ~or
all toilets over lOG
Service stations
All stores, restaurants and cafes:

With freezing unit 7.50
Without freezing unit 3.50
Ice plants and bottling plants 3.50
plus 50¢ per connection.
All other business or professional

establishments 2..
50
Each family or business shall be considered one user, out each apartment·
in an apartment hbuse shall be separate user ••
Bills for water and sewer services shall be rendered monthly, and if not
paid before tl:J.etenth day following the original date of billing, a 10%
penalty shall be added to the bill. If the bill is not paid within thirty
days, services shall be discontinued and the premises shall be disconnected
from the water-works system. A charge of one dollar shall be made for re-
connecting a delinquent premise.
SECTION5" This Council further fL.'1ds and declares that such rates as
above set out will produce a total revenue sufficient to pay the total
operation and maL.'1tenance eA~ense of the Works and provide for the payment
of the bonds issued to finance the cost of the :im.ppOvementsand extensions,
both principal and interest, as the same fall due and are payable, and to
creste all funds herein provided .•
Except as herein authorized, said rates shall never be reduced until all
bonds herein authorized. and all coupons thereto attached have been paid in
full, and shall when necessary be Lncr-eased in an amount sufficient to provide
for the maintenance of the funds hereinafter descri ved., L1'l the event that the
future grotvth in popUlation and the increased consumption of water produce
more revenue than is needed for all of the purposes herein set out, the rates
herein fixed may with the consent of the Trustee be reduced, but no reduction
shall be made which would r-educe the net revenue below 150% of the total
pr-Incapa.L and interest requirements of both the bonds authorized by this
ordinance and the bonds issued by Sewer Improvement District Kb. 1 of the
City of Mountain Home, Arkansas, and whenever in the judgment of the Trustee
it is necessary or advisable to restore the rates hereL'1 fixed, such decision
on the part of the Trustee shall be finaL
SECTION be None of the facilities or services afforded py the Works
shall be furnished without a reasonable charge being made therefor.. In the
event that the City or any department, agency, or instrumentality thereo1'
shall avail itself of the facilities or services afforded by the Works, the
reasonable value of the services and facilities so'afforded shall be charged
against the City or such department, agency, or instrumentality, and shall be
paid for as the charges therefor accrue.. The revenues so received fram the
City shall be deemed to be revenues derived from the operation of the Works,
and shall be used and accoQnted for in the same manner as any other revenues
derived from the operation of the Works; provided, however, that nothing
herein shall be construed as requiring the City or any department, agency, or
instrumentality thereof to avail itself of the facilities or services afforded
by the Works.
SECTIom7 .• The Treasurer of the City shall be the custodian of the

revenues derived from the ~vorks, and shall give bond "for the faithful dis-
charge of all duties as such custodian in the amount of $10,000, such bond
to be approved by the Trustee. -
SECTION 8.. Water and Sewer Fun~. A fund is hereby created and designated
lllilater
and Se'\~-er
Fund", into which there shall be placed as received all
revenues derived from the operation of the Works. Such Revenues are hereby
pledged, and shall be applied to the payment of all bonds issued hereunder
and secured hereby and the interest thereon, and to the operation and main-
tenance of the Works, and to providing an adequate depreciation fund, in the
manner hereinafter provided .•
SECTION 9.. Water ancL.S~ver Systems Operation and ¥.:ai..'1tenance

Fund,.
There shall be paid by the City Treasurer from the 1r.Jaterand Sewer- Fund into
a fund which is hereby created and designated "Water and Sewer Systems opera-
tion and Ff..aintenanceFund" (hereinafter termed "Operation Fund"}, on the
first day of each month while any of the bonds issued under and secured by
this ordinance shall be outstanding, the amount estimated to be needed for
the operation and maintenance of the Works. Fixed annual charges, such as;
insurance, may be set up on a basis of one-twenfth thereof to the Operation
Fund each month. l.foneysin the Operation Fund shall be used solely for the
purpose of paying the cost of operation and maintenance of the Ivorks, except
the surplus may be transferred either to the Depreciation Fund or the Bond
Fund, hereinadter created, but such transfer to the Bone Fund shall be in
addition to all other payments required to be made into the Bond Fund e-
Payments from this fund and all the other funds created -by this or-Ldnances
shall be made by check or voucher signed by two duly authorized persons and
dr-awn on the depository '\>Id.th
which the moneys in said fund shall have been
deposited.. Each such crheck or voucher shall briefly specify the purpose of
the expenditure e
SECTION 10. Water and Sevier Systems Depreciation Fund.. There shall be paid
by the City Treasurer from the.Water and Sewer Fund into a fund which is,
and Sewer Systems Depreciation Fundn
hereby created and designated Illilater
(hereinafter termed "Depreciation Fund!!'),on the first day of each month while any
of the bonds issued under this ordinance shall be outstanding, 5% of the
gross revenues of the 1rforks..Moneys in the Depreciation Fund sha Ll. be used
solely for the purpose of paying the cost of replac~,ents made necessary by
the depreciation of the Works .•
If any sur-p.Iuss
shall be accumulated in the Depreciation Fund over and
above the amount which shall be necessary to defray the cost.of the probable
replacements during the thBn current fiscal year and the next ensuL'1g fiscal
year, and which in the judgment of the Council is not needed for replacements,
such surolus or excess may be transferred by the Council and paid) Lnt o the
Water ~1d Sewer Revenue BOnd Fund; provided, however, that such transfer or
payment into the Water and Sewer Revenue Bond Fund shall be in addition to
all other payments hereinafter required to be made into said Bond Fund .•
SECTION 11.. Water and Sewer Revenue Bond Fund" (1) There shall be
paid by the City Treasurer from the \',Tater
and Se',verFund into a fund which
is hereby created and designated fn~ater and Sewer Revenue BOnd FundI! (herein-
after termed "Bond Fundll), the sums in the amounts and at the t i me her-einaf'tez-
stated ;n SUbsection (2) for the purpose of providing funds for the pa~nnent
of the principal and interest on the bonds as they mature according to the
follovling schedule, and as a reserve for contingencies:
YEAR PRINCIPAL INTERES'JI TOTAL
Jan. 1 of Jan" 1 JUl: 1 Jfan. 1 July 1
each year 2 172~ : ;i;
1951 $ $490,,00 $490,,00 $2002•.50 $2002,,50 $4985.00
1952- 4200•.00 490,,00 437,,50 2002.•50 2002•.50 91;32
•.50
-1953 4000.•00 437.50 387.•50 2002.50 2002•.50 8830.00
1954 4000,,00 387•.50 337.•50 2002.50 .2002..50 - 87)~~00
1955 4500.•00 337•.50 281.25 2002•.50 2002.•50 9123•.75
1956 4500,,00 281.25 225.•06 2002.•50 2002•.50 -9011•.25
1957 4500,,00 225.•00 168••75 2002,,50 2002•.50 8898.7:£
1958 4500.00 168.•75 1l2,,50 2002•.50 2002.50 8786.•25
19-59 -4500,,00 -112.•50 56.•25 2002,,50 2002•.50 8673.•75
1960 4500.•00 56.•25 2002.•50 2002•.50 8561.•25)
1961 4500,,00 2002•.50 1925.•00 8437•.50
1962 4500,,00 1935.00 1867•.50 8302.•50
1963 4500..00 1867.•50 1$00.•00 8167•.50
1964 5000.00 1800.00 r- 1725•.00 8525•.00
1965 5000•.00 1725.•00 1650.•00 8375.00
1966 5000.•00 1650.00 1575.•00 8225•.00
1967 5590.•00 -1575.00 1492,,50 8567.•50
19.68 6000.•00 1492•.50 1402,,50 8895••00
1969 6000.•00 1402.•50 1312.•50 8715•.00
1970 6000.00 1312.•50 1222•.50
1971 6500,,00 1222•.50 1125.00 ~~~~:~£
1972 6500.•00 1125••00 1027•.50 8652.50
1973 7000.00 1027,,50 922.50 8950••00
1974 7000.00 922•.50 817•.50 8740•.00
1975 7500.00 [ SI.7;:~ 705.•00 9022.•50
1976 7500,,00 705.•00 592.50 8797.50
1977 7500•.00 592•.50 480•.00 8572,,50
1978 7500.•00 480•.00 367•.50 8347•.50
1979 8000•.00 367.50 247.•50 8615.00
1980 8000.00 247.50 127•.50 8375••00
1981 8500..00 127.•50 ------ 8627..50
(2) There shall be paid by the City Treasurer from the Water and Sewer
Fund into the BondFund, beginning on the first business day of the morltjij.
after the delivery of the bonds and continuing on the first business o1f"
each month thereafter until all the bonds with interest issued under thi$
ordinance have been paid in full, or provision made for such payment, a sum
equal to one-fifth (1/5) of the next installment of interest and one-tenth
of principal of the bonds and the Flying agent !Ils;
(1/10) of the next :L"1sta1JJnent
fees, until a reserve of $10,000 has been accumulated; provided, however, that
when in any fiscal year no principal or interest of the bonds of this issue'
is in default and the reserve in said NondFund equals $10,000~ the amount as
payable each month into said fund shall equal one-sixth (1/6) of the next in-
stallment of interest and the paying agentw3)fees, and one-twelfth (1/12)
of the next installment of principal and the paying agent t s fees .•
(3) If the revenues of the Works in any mont.hare insufficient to make

the required payment on the first day of the following month into the Bond]
Fund, then the amount of any deficiency in the payment made shall be added to
the amount otherwise required to be paid into the Bond Fund:on the first day
of the next month" The amount by which payments in any fiscal year exceed
the aggregate amount of interest and principal payable in the neat succeeding
fiscal year shall be held in said Bond Fund as a reserve for contingencies
and"used solely as herein provided; provided, however, that when the moneys
held in the Bond Fund, including the reserve for contingencies, shall be and
remain sufficient to pay the J:principa1 of and interest on all the bonds then
outstanding, the City Treasurer shall not be obliged to make any further
payments into the Bond Fund. If for any reason the City Treasurer shall
fail at any time to make any of such payments into the BondFund, any sums
then held as·a reserve for contingencies shall be used to the extent necessary
in the payment of the interest on and the pr incdpa'L of the bonds, but such
reserve shall be reimbursed from the Water and Sewer Fund as soon as the
moneyis available" All moneys in the, Bond Fund shall be used solely for-
the purpose of paying the interest on and the principal of the bonds issued
under this ordinance and the paying agents fees e
SECTION 12.. It shall be the duty of the City Treasurer to withdraw from
the Bond Fund and to deposit with The Commercial National Bank of Little Rock,
Arkansas, the paying agent, on the first day of each month, an amount equal to
one-fifth of'vt.heamourrt of interest due on the.next interest paying date and'
v
one-tenth of'.the amount of prinliipal due at the next principal maturity,

together wit~ the paying,agent's fee of one-eighth of one per cent on principal
and one-fourth of one per cent on interest, until t.her-eis in the hands of the
payirig agent a reserve of $10,000, when the respective pa~lnents may be reduced
toone-siA'th,of the interest and one-twelfth of the princ·ipal. Such deposits
shall be at the sale risk of the City and sha.Ll,not oper-atesas a payment oi!"
the bonds or-coupons until so applied. Whenever the reserve shall be less
than the amount herein stated, the pa~!nents of one-fifth and one-tenth, res-
pectively, shall be resumed ~~til the reserve has been restored; The reserve
may be invested in United States Govern~ent Bonds~
SECTION,13... If any- surplus shall be accumulated in the vlater and Sewer-

Fund over and above the amount which shall be necessary to sez-vf.ce the:
different funds hereinabove created, such surplus or exceas- revenue shall be
and is hereby pledged to the pa~~ent of the principal and interest of ~
series of bonds to be issued, by Sewer Improvement District No. I of }1ountaL~
Home, Arkansas, and if such surplus is sufficient to pay in· full the maturi-
ties each year of said improvement district bonds, it is agreed that it will
not be necessary for the· improvement district to le~~ any collection on itffi
assessment of benefits, but if the surplus from the operation of the Work$
shall not be'sufficient to pay in full the principal and interest as they
mature of the sewe~improVcement district bonds, then the Commissioners shall
levy such rate on the assessed benefits as may be necessary'to pay said bonds
and interest, not exceeding the rate of five per centum (5%1 per annum off
such assessment of benefits as f~d by Ordinance No. of the City of
M"ountai,"l
Home" If after· making full pr-ov.i.sd.on for the principal and interest
payments of the bonds tocbe issued by the sewer improvement'district there
still remains a surplus in said Water and Sevier Fund, such surplus or excess;
must be used either for extensions and improvements to the '1fforks or f'orr
calling bonds for payment before maturity or for buying the'bonds of thiffi
issue at the market, whichever is less.
SECTION 14.. '.RheCity hereby agrees to make all payments on bonds andl
interest only through the paying agent. All bonds paid or purchased, either
at or before maturity, shall be cnacelled when such payment or purchase is
made, together with all ubmatured coupons appertaining thereto, and held by
the City Treasurer, and shall not be r-ed.esued; All unpaid interest coupons
maturing on or prior to the date of such payment or purchase shall continue
to be payable to the respective bearers thereof.
SECTIO~15o '.Rhebonds, together with interest thereon, shall be payaBle

solely out of the 1iater and Sewer Revenue Bend Fund as hereinbefore defined
and shall be a vali§. claim of the holders thereof only against said Bond Fund
and the amount of th~ revenues pledged to said Bond Fund, which amount of sai~
revenues is hereby pledged for the equal and ratable payment of the bonds anm
shall be used for no other purpose than the purposes set out in this ordinanee.
SECTION 16., All deposits of the money in the different fundss created by
this ordinance shall be deposited in such depository or depositories as the
City may lawfully designate from time to time, subject, however, to the giving
of security by such depository as now or as hereafter may be' required by law •.
All deposits made by the Treasurer shall be in the name of the City and be so
designated as to indicate the particular fund to which the revenues belong e-
SECTION 17" The security for the issue of revenue bonds authorized by
this ordinance shall be all of that security and right granted by said Acts
NbS •• 131 and 132 of 1933, as amended, with the proyision that no recourse
shall be had for the payment of the bonds or interest thereon or any part
thereof against the general fund of the municipality, nor shall the cr~dit
or t~g power of the municipality be pledged to such payment" The bonds
and the interest thereon shall not be a devt of the municipality, nor a charge,
lien or encumbrance, legal or equitable, upon any property of the m uniripality,
other than the improvements constructed with the proceeds of this bond issue,
nor upon any income JI receipts or r-evenues of the municipality,; other than usch
of the revenues of the Works as shall have been pledged; and the bonds of th~
issue herein authorized shall carry a statement in their face that said bonds,
including interest thereon, are payable solely from the revenues pledged to
their payment and the municipality is under no obligation to pay the same
except from said revenues.
SECTION 18.. Nothing in this ordinance shall be construed to prevent th«;
issuance by: the City of additional bonds to fi..l1aJ1Ce or pay the cost of c-on-
1
struction: 6fany extensions, betterments or additions to the lilorks;, ranking-

equally and ratably with these bonds; provided, however, that the City shall
not authorize or issue any such additional bonds so long as any of these
bonds are outstanding, unless the gross revenues derived from the Wonks for
the fiscal year then next preceding shall have been sufficient to provide for
all costs of operation, repair, maintenance, and depreciation of the Works
and leave a balance equal to at least 150% of the aggregate of: (a) principal
and interest payment-s for such year on all bonds then outstanding and the
fiscal agency charges therefor; (b) the average requirement for one year o~
the pa~~,ents of principal and interest of such additional bonds. However,
the City may, without regard to said limitation, issue additional r-evenue-
bonds for the purpose of making improvements and ext ensions to the 'water and
sewer systems as they will be after the improvements and ext ens Lonss to be
made from the proceeds of this duly 1, 1950 bond issue have been made, but
such additional bonds shall be subject to the prior lien of the bonds of
this July 1, 1950 issue upon the revenues of the 'irlorks.•.
SECTION 19. ~he Works shall be operated upon a fiscal year basis,
beginning January 1 of each year end ending on and including the following-
December 31"
SECTION 20. It is eovenant ed and agreed by the City with the holder OF
holders of the bonds, or any of them, that it will faithfully and pune:tually
perform all duties with reference to the Works required by the Constitutiom
and statutes of the State of Arkansas, including making and collecting of"
reasonable and sufficient rates lawfully established for services rendered
by the Works, segregating the revenue of the Works and its application to
the respective funds herein created.
SECTION 21" The Cit;y will maintain the Works in good condition and
operate the ·same~,-inan efficient manner and at a reasonable cost., So Long;
as any of the bonds are outstanding, the City agrees to maintain fire,
lightening and tornado Lnsur-ance on the Works i..1'lan amount which normally
would 1re carried by a private company engaged in a similar type of busrness ,
~~ese insurance policies are to be taken with companies approved by th~
'1'rustee, are to carry a clause maklng them payable to the Trustee as its
interest may appear, are to be kept continuously in force, and are to be
plac-ed in the custody of the Trustee. In the event of loss, the proceeds;
of such insurance shall be applied solely towards the reconstruction, re-
placement, or repair of the Works.. In such event the City will, with
reasonable promptness, cause to be commencedand completed the reconstruction~
replacement, and repair" Nothing herein shall be construed as requiring the
City to expend any funds for premiums on its Lnsurance on the vlorks wl:iichare
derived from sources other than the operation of the Works, but nothing:
herein shall be construed as preventing the City from doing so e-
- SECTION 22. So long as any of the bonds are outstanding, the City will
not mortgage, pledge, or otherwise encumber the Works or any part thereof orr
an;y-r-evenues-therefrom, except as her-edriprovided, and will not sell, lease,
or otherwise dispose of any substantial portion of the same.
SECTION 23.. T'ne City w-i.-llkeep proper books of records and acrrourrtes
(separate from all other records and accounts) in which complete and correct
entries shall be made of any transactions relating to the Works.. 'rhe Cit;,w-
agrees to have an annual audit made by an independent certified publi~
accountant of all of the records and all of the accounts of the Works, CD
copy of this audit shall be furnished to the Trustee" In the event that the
City f ails or r-efusea to have such an audit made, the Trustee is authorized
to have such an audit made and to charge the cost thereof to the Operatiorn
Fund.
SECTION!24" There is hereby granted byt ne City a statutory mortgage:

lien upon that part of the w~terworks system constructed or acquired by the
use of the proceeds of the sale of the bonds herein authorized, which shall
exist -in favor of the holders of the bonds of this issue and each of t.henr,
and m and inffaViOIr'
of the holders of the coupons; attached to the bonds"
and that part of the waterworks system shall remain subject to such statutory;-
mortgage lien until payment h'"1 full of the interest on and principal of the
bonds" If there ge. default in the payment of either the principal of or ,
interest on any of the bonds, the holder or holders of any of the bonds may
enforce this statutory mortgage lien and may be proper suit compel the per •...
formance of the duties of the officials of the City.:-,as set forth in saidi
Aerts Nos•. 131 and 132 of 1933, as amended" If there be default in the pay-
ment of the principal of or interest on the bonds, or if the'City shall
f~il to keep any other obligation which it herein aSSUIQeS,and such defaul~
shall continue for thirty days thereafter, any court having jurisdiction in
any proper action, wh~ch may be instituted either by the tr~stee on behalf
of all the bondholders, or by any holder of a bond in default, may appoint
a receiver to administer the i'lorks on behalf of the City, with power-to
charge and collect rates sufficient to provide for the expenses of th~
receivership, the payment of the bonds and intereBt thereon, and for the
payment of the operating expenses, and to apply the income and revenues in
conformity with said Acts and this ordinance providing for the issuance off
said bonds, but when all defaults are cured, the receivership shall be ended
and the management and control of the Works restored to the City"
SECTION 25. 'lite City further covenants and agrees that if default is:
made in the payment of any bond or coupon, or if the City fails to meet any
s inkirig fund requirements, the holder of such bond may declare that bond
immediately due and payal:Jrl.e,and such bonds shall thereupon be immediately
due and payable and in" default, and either the Trustee on behalf of' all the
bondholders or any bondholder for himself may institute suit to enforce per-
formance by the City., The failure to exercise this option upon any default
will nbt be a waiver of the right to exercise such option upon a subsequent
default •..
SECTION:26.. The owner or owner-sof all improved property lying withim

the area that will, after the propesed improvements have been made, be
served by the sewer system, are hereby directed and required to connect all
toilet and waste '..ater facilities of such improved property with said se"w-er'
system as soon as the service is available; and the owners of property that
is improved after the completion of the Lmpr-ovement.s to the said sewer system
shall immediately connect the toilet and waste water facilities of such
property with the sewer system"
SECTION:27.. The City shall send a written notice to any owner andJ/or
0
tenant of improved property that can be served by the sewer- system but is
not connect ed, to make such connection within two weeks from the date of said)
not.Lce, Any property owner failing or refusing to connect his improved
property with the sewer system after being notified to do so, and any tenant:
contimuing to occupy property unconnected with the sewer system after :being-
notified to make such connection, shall be guilty of a misdemeanor and upom
conviction shall be fined in any sum not .Less than two dollars and not e;!I[-
cree~ng ten dollars, and each day's failure or refusal after the ~~iration
of the time fixed in the notice to make the .connect.Lonshall be a separat ee
offense; provided, no one shall be required to build or lay a connection
service pine of more than two hundred feet in length in .or-der-to have sewer
ser-v.Loe , •
SECTION 2i" The City further covenants that the bonds issued hereunder
shall have the protection of the provisions of Section 19-4113, Ark.;'Stats ••
1947, which provides that the sevier rates, if not paid when due; shall con-
stituteo a lien upon the premises served by the Works, and upon the fee titl~
to the land and permanent improvements thereon, even though the occupant,
receiving the bnenfit of the ser.ric:e for '",hieh the charge is due has merely"
a leasehold interest or a lesser estate in the premises. If any service
rate as established by this ordinance shall not be paid within, thirty (30)
days after the same is due, the amount thereof, thgether ,"lith a penalty of
10% and a reasonable attorney's fee, may be recovered by the City in a sui~
filed in the Chancery Court of Baxter County in the name of the City, or im
the name of the individual bondholders, or the suit may be filed by thre
'1lrustee,,·for and on behalf of all of the bondholders.
SECTION29. 'Fhe bonds in the face amount of $172,700 shall be delivered

to W. R•. Stephens Investment Company,Inc. of Little Rock, Arkansas, upon.
payment by them in cash of the full purchase pri~ of said bonds, together
~~th the accrued interest thereon. The money received by the City TreasureF
for the accrued i..n.terest shall be apid by him into the Bond Fund; The
balance of the money rea:-eived from the sale of this bond issue shall bee
deposited in an account named "Const.ruct.Lon Fund", and the City must con-
stantly require full security for all amounts by 'which the deposit exceeds
the amount guaranteed by the Federal Deposit Insurance Cor-porat.Lon s, Money
in the Construction Fund shall be apid out only upon engineer'S3 estimates
for all items except payments of engineering costs and expenses of the bond
issue.
SECTION 30" l..h.e
bonds of this issue shall be ca Ll.alfl.e
for payment
prior to maturity according to the terms set out L~ the bond ~ormo
SECTION! 31.. ~e statutory mortgage lien referred to above and the

pledge of revenue shall be evidenced by a certified copy of this ordinance
recorded as a mortgage and pledge :L."1
the office of the Circuit Clerk andt
ex-officio Recorder of FCLxter County, Arkansas •.
SECTION 32. \vherev:erreference is made in this ordinance to a trustee,

it shall refer to The Commercial National Bank of Little Rock, Arkansas c-
The said Trustee shall be responsi'&le only for "dlful misconduct in the
execution of this trust. The recitals of fact herein contained, and contained
in the bonds, except the recitals :L.l the Trustee's certificate, are statements
of the City and shall not be construed as be:Lng made by the Trustee" The
Trustee shall not be required to effect insurance agadrist. fire or damage to
mortgaged proper-by; nor to advance 8.."1y
money to pay insurance premiums, norr
to pay any charges or special assessments against said property, nor to see
that this mortgage and pledge is properly executed, recorded and kept in for~
as a mortgage and pledge, nor shall it be required to take notice or be deemed
to have had notice of any default of the City in the failure to perform any off
the conditions of this mortgage and pledge, unless said Trustee whall have been
specifically notified in writL"1g of said default; nor shall it be required to
take any action under this mortgage and pledge until it has been indemnified
to its satisfaction by the holders of the bonds herein mentioned, or some off
them, against loss or damage on account thereof" The Trustee may at any time:
resign by a letter addressed to the City Recorder, or 4e may be removed o~
the holders of a majority in value of the out.st.anctlngbonds, and in either
event his successor shall be appointed by an instrument of writing executed
by the holders of a majority in value of the bonds then outstanding anm
filed for record in the office of the Circuit Clerk of B'axter County" Arkansas"
Any successor trustee shall have and exercise the powers herein granted
thi,s Trustee e-
~ SECTION ,33.. The City her-eby expressly r~serves the right to create;
a commission for the purpose of operating and managing said Works, and in
the event that it elects to create such a commission, then the control andt
mamagement of the Vforks shall be lodged in said commission from and after
its creation ••
SECTION 34.. It is hereby declared that the prov~s~ons of this ordi-

nance are separabel and, if any provision of this ordinance shall for any
reason be held illegal or invalid, it shall not affect the validity of thl!£;
remainder of the ordinance ••
SECTIO~ 35. The provisions of this ordinance shall constitute a

contract between the City and the holders of the bonds authorized herepy:,
and after said bonds have been issued, no change shall be made in sa.irf
provisions without the written consent of the holders of all bonds then
outstanding •.
SECTION 36. ]he mayor is hereby directed to publish for one insertion
in THE BAXTER BULLETIN, w}4.ch is hereby found and declared to be a news<-
paper published in and of general circulation in the City of Mountain HomEt.,
Arkansas, a certified ~py of this ordinance to wrach is attached a notice;
signe,d by him, in substantially the folio-wing form:
NOTICE
Notic.eeis hereby given that the City Council of the City of Mountain
Home, Arkansas, has adopted the ordinance hereinafter set out; that saidJ
City contemplates the issuance of the bonds described! in said or-d.inanee;
t-hat any person interested may appear before the Councd.I.on the 3' day off'
Octobe!, 1950, at 7:30 P.M. at the usual p~ace of me~ting in the City off.
Mounta~ Home, and be heard" At such hear-Ing all ob ject ions and suggest-Lone
will be heard and the said Co~~cil w~ll take such action as is deemed proper
in the premises.
Dated this 19th day of September, 1950.
}fuyor of M~~tain Home, Arkansas

Attest:
SECTION 37e OrdLnance No. 88, passed and approved on August 11, 1947,
and all other ordD1ances or parts of ordinances in conflict herewith, are
hereby repealed.
SECTION 38. It is hereby ascertained and declared that the larg~

increase in population of Mou..ntainHome has made the present wat er- and)
sewer systems whol~ inadequate for the protection of the health and)
property of the inhabitants of "the City and that there is an immediate
need for greatly eXpanded facilities, and that therefore an emergen~
exists and this ordinance is necessary for the prese~~ation of the publi~
peace; health and safety,_ and shall take effect and be ii'1force 1tJithout
delay from and after its passage.
PASSED: September 19, 1950.

APPROVED H. Lo Dalrvm.nle
1-1ayor
Attest::~ __ -=-__ • _
City Recorder
-GlmnT~lJOE
...••..
iIly... 00
. 0 1.C4.
~Vu 1u'~4'led
/('c: r' b/V
OJ2d . /30
AN ORDINANCE HA.VING FOR ITS PlJRPOSE THE CREATION OF A CITY PLANNING
COMJ:{ISSIONFOR CREATING ZONING DISTRICTS IN THE CITY OF lfOUNTAIN HOlvtE..,
ARK.4.NSAS,
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOl.mTAIN HOME, ARKANSAS:
SECTION 1. That in accordance with section 19-2811 of Arkansas Statute~

(1947) of the Laws of the State of Arkansas a City p'Ianning commission is;
hereby created, ~nd said comJUssion shall be conposed of .
twelve (12) members, at least two thirds of whom shall not hold any ot her-
municipal office or appointment" The members ;of saddJ board shall be elected
Oy the Council and 8&c11 alderman and the ¥~yor shall nominate one person to
ser-we on said comnri.s
si.on, Lm addition to the follO'<'ling who shall be members;
of the commission by reason of the office they hold ; Chairman of the street
curmnittee of the City Co'~~il, one member of the Sewer Corr~ission, to be
selected by said Sewer Commission and certified to the Council, Chairman
of the v-Iater~JorksCon'1!1ittee of the City Counc.i.L,and the City 'Recorder who
shall be Secretary of the Comrr~ssiorr. Each member of said Commission, except
the Council members and the City Recorder, shall hold Office for a term of
three years; provided, however, that of the first a~pointments made by th~
COUJllliCil
three members. shall be appointed for one year, th.ree members shall
be appointed for twa years, and tr~ee members shall be appoLn~ed for three
years" The absence of any member for three consecutive meetings of the
conunission without a r-easonatd,e escuse shall be termed a resignation f'r-onr
the commission by such member, and the council shall fill said vacancy for
the unexpired term for which said member was appoL'1ted.
SECTION 2. The ~ommission shall adopt rules and regulations fDr the conduct
of its- business, and shall hold regular meetings at such times as it may
deem best, and shall elect a chairman from among its members, and such other
officers as it may deem proper for the efficient functioning of the commission,
except that the City Recorder shall be Secretar.y, of the Commission, and th~
Commissioro shall be represented in any legal matter by the City Attorney.
At any meeting seven members shall constitute a quorum of such meeting, and
a majority of those present shall have the authority to act any bUsL'1ess
before it"
SECTION 3~ The commission shall have the authority-, and is hereby empowered
to do and perform the acts specifically set out and authorized in Se~iorri 19-2812
of Arkansas Statutes (1947) as amended, of the lal-{s>ofthe State of Ar-kansasi,
and in addition to said power-s sha Ll, have the auth?ri'ty to; adopt a plan
after holding a public hearing ~pereon, and after giving ten days notice
of the time and place of hearing by pUblication in a newspaper,published in
the City of Mountain Homes, which plan shall designate zones within the legal
boundaries of the City of Mount.a.InHome and prescribe the charaet.er-,~iight,
area, bulk, location and use of buildL'1gs and premises within the respectiv~
~onesG According to said plan the_ city may be divided into districts L~
such shape and area as may be deemed advisable, and ~Qthin which the erection,
construction, reconstFQction, alteration, repair or use of buildings, stru«t-
~res or prer.1ises-
may be regulated or restricted~
SECTION 4. After said plan is prepared by the commission it shall be referred

to the «ity council for adoption or rejection., and if adopted it shall be
filed in the office of the city recorder and a certified copy thereof shall
be fi.Led in the office of the Recorder of Baxt er County, Arkansas , and shall
be made a part of the perm~~ent records of said county.
SECTION: 5. After the zoning 01an as above provided for shall have been
prepared and adopted by the planning commission and the city council, it
shall be unlawful for any person, firm or corporation to construct any
building or make any use of any premises' in the City of Mountain Home except
in accordance with said city plan; provided however, that said city plan
shall not effect the, use of any property or building which commen~ed before
the enactment of this ordinance.
SECTION 6"Anyperson, f1 I'm or corporation who shall violate any of the

provisions of this act shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined Ln any sum not exceeding $50.00; and each day that-
any violation of this ordinance continues shall be de:amed to be a separate and
distinct offense and brea~h thereof.
SECTION 7., \~lhereas,due to the -growth of the City of Mountain Haffieand be-
cause of the lack of a comprehensive plan Uusiness properties are being
erected in residential districts in said city without proper regard for fir~
and health precautions an emergency is hereby declared and thi~ ordinan«e
shall be effective from and after its passage and publication."
H. L. Dalrypmle
Mayor
ATTEST: f i i f i..U, :~/
City Recorder}
ORDINANCE NUMBER 109
An Ordinance Defining The Rules and Regulations Governing the Co~

nections to the Ml.micipal ilvaterand Sewer System in the City of Mountain
Home, Arkansas •.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MGUNTAIN HQi:.ffi,

A.."ftKANSAS.
Section 1. That this ordinance shall be known as the 'rlaterand Sewer System
Connection Ordinance.
Section 2. That no person, firm, or corporation shall do any work whatever

in connection with the introduction of the water into any property or con-
necting for water or sewer, or alter, extend or repair any water or sewerr
connections unless they shall first obtain permission from the City oft'
Mountain Home, Arkansas, or its duly authoriz.ed agent for such purpose, and:1
all such connections, alterations, ,extensions and repairs shall be done and:1
installed according to the re quirements of this ordinance and under thee
supervision of the superintendent of the Water and Sffi4erDepartment of the
Cit;)Tof Mountain Home, Arkansas •.
Section 3.. 'Ibat no tapping of any Street }fJainshaI'Lbe Ttfithany tapping

mach.ine other than a St andar-d Machine approved by the said duly authorized
and acting Superintendent, and the 'Yee of the Corporation Cock must be left
facing upward, so as to be easily accessi~le, and the Corporation Cocks must
be left either ~enuine MUeller, Hays, Crane or their equal. Type K Copper
pipe only, shall be allowed from the Main to the property line, at the op-
tion of the owner" Service line from Main to property line shall b-e in-
stalled by the Water Department, at cost, to property owner. Property
ovmer shall make a suitable advance deposit to cover cost of service line.
Section 4. That galvw"1ized seFvice lines may be used prowided service ODn-
nection is made to a 14ain not laying in a public road, street, alley or
high-way•. Such galvanized services must be atta.ched to the Corporation Cock
and Main through a lead gooseneck of extra strong quality, bent in an !lsn
shape to a.LLow for expansion and contraction.
Section 5. That all service pipe must be laid no less than 18 inches below
established grades, of all streets, gutters, sidewalks and on ORNer's prem-
ises. An inverted ston cock attached to a meter voke shall be installed in
each meter box. ~e y~ke and stop cock shall be ~f nadger, Ford or equal
manufacture. No property owner, tenant, plumber, or any indiv~dual shall
use this s~op to turn water on or off to the prerrliseswithout permission
of the Water Department.
Section 6.. That all service pipes must be p rovi.ded with a sufficient number
of stop and waste cocks to insure complete drainage of all pipes when
water is cut off. All stop and waste cocks shall be M~eller, Hays, Crane or
equal and if placed b~neath the ground, a rod key shall extend above the
first floor in an easily accessible place so that water may be cut off to
prevent freezing, or for making plumbing repairs. A charge of $l .• QO
shall be. made by the Water Department for turning water on or off at the
request of any o~~er, resident or plumber on existing property not equipped
with a wor-kab.Iehouse stop and waste. The water s~ll, however, be turned
on and off for test purposes on new or repaired plumb:L"1g by the Water
Department, without charge to owner, resident or plumber.
Section 7. ]hat no person or persons shall tap a ,vater line and use water
from same wi.t hotrt written permission of the Water Department. Insertion of
"jumpers" or by-passes around meters are prohibited.
Section s. ~at applications for water shall be made at the office of the
Water Department by the owner- of the pr-enu.ses
, his authorized agent or the
tenant of the property. On Domestic Service a security deposit 9f $5.00
sr~ll be made by the owner or authorized agent or tenant, and a ~lO.OO
deposit shall be amde by COli!IlD.ercial
Consumers"
Section 9. That all bills for water and sewer service are due and payable
the 1st to 10th of each month. That the charge to be collected for water
furnished by the Water Department shall be at the rate fixed by Section l.J;.
of Ordinance 107, pas sed and enacted by the City Councd.L of the City oft"
MOuntain Home, Arkansas, Septanber 19, 1950 .•
Section 10. That customers shall not be allowed to furnish other persons
with water without a permit from the City Water Department; penalty f'orr
doing so sr~ll be discontinuance of their water service.
Section lie That all Customers should notifv the City Water Department iff
they move from one property to another or they shall be held: lia&le for any
water used or wasted on the premises, after their departure.
Section 12. That the owners of rental property shall be liabl~ for the water
used at scheduled rates by a for.mer tenant and w~ter will not b~
turned on to any tenant or business house lLnles8 property owner shall paY'
the service charges in person, dUe credit will be given, but should ~Bnant
fail or refuse to payor remove from such property after ServicElCharge is;
due, leaving same unpa.i.d
, the water shall be turned off Until such ar-r-ear-s,
are paid. Where a ~drant, faucet or service is used for two tene-
ment houses, the o~ner shall be liaQle for ail such use, and failune
to pay for anyone of such tenements, the water shall be cut not
turned on again until such charges and penalty hereinbefore prescribe~
shall be paid e
Section 13. That in the event of a water shor-tages, due to any cause, the
Water Department shall have the right to discontinue service to customers'
using water for irrigation purposes or any purpose considered not to b~ to'
the best interest of the General Publie ••
Section 14. That no person or persons shall take water from a Fire Hydrant
or spigot in any park or Public Place in said City, without written approval
of the Water Department and pa~Jment of the same, at the prescribed rate, for
any purpose other tpan water used for ext~~guishing fires ••
Sec'ti.on 15.. That no preperty owner, tenant, plumfi:eror others shall tap oz-
attempt to tap any sewer- without permission of the Mountain Hom~ Water and1
Sewer Department.. The tap must be made with a B1itrified Clay tapping saddle
approved by, or furnd shed , at cost, by the Water and Sewer Depar-tment, Vit-
rified clay tile or- better shall be used for service line from SevIer"line to"
property line.. The completed tap must be inspected by a representative of
the Water and Sewer Department before any backfill or trench is made e- -e
Section 16.. That nO' property owTIElr,tenant, pUumber or ethers shall be

permitted to directly or indirectly introduce into the sewer system any
storm water or other water other than that originating from the CitY,1vater
Distribution Systeme Any such conn.ections that may nry~ exist must be
imffiediatelybroken .•
Section 17. ]hat if a property Owiler at his own expense lays a water or
sewer line and connects it to the distribution or collection system ,of
the Mountain Home liiater and Dewer Department, said w-ater or sewer line,
upon connection srail become the sole property of the Water and Sewer De-
partment and be controlled by same; The property owner or persons hawi.....ng-
said lines shall be entitled to no reimbursement at any time in the future
for said water and sewer Line , Exception to this rule would be an agreement
made between the Water and Sewer Department and property owner- or owners,
subject to majority vote of the Mountain Home City Council. If any event,
the Water and Sewer- Department shall from time of connect i.on control and
operate at its discretion said line or lines"
Section 18. That if any portion of this ordinance shall be held invalil!
by a court of competent jurisdiction, the remaining portion thereof shall
not be affected thereby.
Section 19.. That any person who shalf violate any of the terms of this
Ordinance shall upon conviction thereof be fined in any sum not to exceed
$25.00 provided that each days violation of any of the terms of this 0Ir-
dinance shall constitute a separate offense .•
Section 20" EMERGENCY: Whereas, it being immediately necessary for.the

preservation of the peace, health, and safety of Mountain Home and the irr-
habitants thereof, th;cct the provisions of this Ordinance be put into full
,.:., force and effect, ancemer-geney is hereby declared to exist, by reason
whereof, this Ordinance shall take effect and be in full force from andi
after its passage, appro-val and puhl.Lcat.Lon ••
Passed on this 17th day of April, 1951 e-
-Attest:
SIGNED SIGNED IL L. Dalr;v!n~ _
City Clerk Mayo!!"
Published in the Baxter BUlletin April 19th, 1951.
ORDINANCE
NO. 110
AN ORDINANCE FOR THE PURPOSEOF AUTHORIZINGTHE CITY OF MOUNTAINr

HOME,ARKANSAS,ANDTHE CITY COUNCILTHEREOF,BY ORDINANCEOF RESOLUTION,TO
PURCHASE,llJSTALL, MAINTAIN',OPERATE, AND CONTROLPARKINGMETERS, IN THE
PUBLIC STREETS, AVENUES,ROADS, ALLEYS, PUBLIC PARKS, PUBLIC PARKINGLOTS, AND
PUBLIC PLACESWITHIN THE CITY OF MOUNTAIN HO:ME,ARK..A.NSAS,
AT SUCHDESIGNATED
PLACES AS THE CITY COUNCILMAYDmi li'ECESSARY ANDPROPERANDESTABLISHBY
RESOLUTIONOR ORDINANCE:TO SET ANDCOLLECTREASONABLE RATES,' FEES OR CHARGES
FOR THE USE OF PARKINGPLACESSO DESIGNATED ANDEQUIPPEDvJITH PARKINGMETERS:
TO REGULATETHE PERIOD OF TIME IN vmICH SUCHPA.'llaNG PLACES'\rUTHPARKING
METERSMAYBE USED BY THE PUBLIC AT SUCHRATES: TO PROVIDEPENALTIES FOR THE
VIOLATIONOF SUCHPARKINGMETERREGULATIONS,and for other purposes.
HE IT OP.DAINED
BY THE COUNCILOF THE CITY OF MOUNTAIN
HOME,ARKANSAS
•.
SECTION 1
That the City of Mountain Home, and the City Council thereof by ordinance
or resolution, shall have the power to purchase, L~stall, maintaih, operate,
and control parking meters in the public streets, avenues, roads, alleys, public
ways, public parks, public parking lots, and public places within the City of
Mountain Home at such designated places as the City Council may deem necessary
and proper and as it may establish by resolution or ordL~ance; to ~d collect
reasonable rates, fees or charges for the use of parking places so designated
and equipped with parking meters by vehicles; to regulate the period of tL~e in
which such parking places with parking meters may be used by the public for
parking vehicles at such rates; to provide by ordinance.penal~iesfforctheYiol-
ation of parking meter regQlations pu~suant to the laws of the State of Arkansas,
particular~ Act 309 of the Acts of the General Assembly of the State of Arkansas
for the year 1939, and the Constitution of the State of Arkansas for the yeaF
.
1876 as amended"
SECTION'2
All ordinances and parts of ordinances in conflict herewith are hereby

repealed and siad orQL~ance shall be in full force and effect from and after
its passage.
ATTEST:
Mayor
RESOLUTION
Section 1.. WHEREAS, the City Council of the City of Mountain Home, Ark&'1.sas,
has duly passed the following Ordinance on this regular statutory meetdrig held on
the 1st day of October, 1952:
ORDINMJCE NO e. 110
II' Ordinance for the purpose of authorizing the City, of Mountain Home, Arkansas,
and the City Council thereof, by Or-d.inanceor Resolution, to purchase, install, m
mai.1'1tain,operate, and control parking meters, i.1'1
the public streets,avenues,
roads, alleys, public ways, public parks, public parking lots, a.'1.d'publicplaces
within the city of l~untain Home, Arkansas, at such designated places as the Ctiy
Council may deem necessary and proper and extablish by resolution 9rordi.1'1anc~
to set and collect reasonable rates, fees or charges for the use of parking places
so designated and equipped l.rithparking meters; to regulate the period of t::i.mei.1'1
which such parking places 1t:ithparking meters may be naed by the public at such
rates; to provide penalties for the Violation of such parking regu~ations, and
for other purposes.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF !-fOUNTAIN'MOl-fE,ARKANSAS.
Section 1.. That, the City of }1ountai.'1. Hoffie,and the City Council thereOf by ordi-
nan-Ge or resolution, shall have the power to purchase, install, maintain, operate
and control parking meters in the public streets, avenues, roads, alleys, pub l.i.e
ways, public parks; public parking lots, and public places within the City of
!-fountainHome, at such designated places as the City Council may deem necessary
and proper and as it may establis~ by resolution or ordinances; to set and
collect reasonable rates, fees or charges for the use of parking places so desig-
nated and equipped with parking meters-by vehicles; to regulate the period o~
time in which such parking places with parking meters may be used by the pubLi.e for
par-king vehicles at such rates; to provide by ordinance penalties for the viola-
tion of parking meter r-egu Lat.Lons pursuant to the laws of the State of Arkansas"
particularly Act 309 of the Act of the General Assambly of the State of Arkansas
for the year 1939, and the Constitution of the State of Arkansas Jor the year
1874 as amended e
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed and said ordinance shall be in full force and effect from and after its
passage,lIand~.
Section 2. WHEREAS, the City Council of the City of Mou.ntain Home, desires that
said Ordinance be referred to the people for approval or rejection at an election
to beheld in the City of Mou.ntain Home on the 4th day of Nbvember 1952; now, there-
fore
Section:h Be it Resolved by the City Council of !-fountainHome, Arkansas, that

an election is hereby called to be held in the City of }{ou...'1tain
Home on 4th day of
November,.1952, at the follo~-llg voting places!
First Ward N" E. 60rner Oour-tz-oom

Second Ward W. Corner Courtroom
N"".'.,
Third vvard S" W;

Fourth v~ard
•.. Corner Courtroom
0., .c" Corner Courtroom
Section 4. At such election there shall be submitted to the electors the approVal
or rejection of Ordinance No" 110, with the ballots being prepared in the following
form:
It A..n
Or-d.inancefor the purpose of authorizing the City of Mou,,'1tainHome, and
the City City Council thereof, by Ordinance or Resolution, to purchase, install"
maintain, operate and control Parking Meters, in the public streets, avenues,
roads , alleys, public "-fays,public parks, public parking lots and public places
- within the City of Mountain Home, at such designated places as the City Counril
may deem necessary and proper and establish by resolution or ordinanc~S) to
set and collect reasonable rates, fees or charges for the use of parking places
so designated and equipped with parking meters; to regulatetl].e period of time Ln
which such parking places with parking meters may be used by the public at such
rat.es; to provide penalties for the violation of such parking regulations, and
for other prrpos es .•
FOR ORDINANCE NO. -..;;;=..;::...,..---
110.
AGAINST ORDINANCE NO._l:l~O~ _
WitnesSODur hands and seals this 1st day of October, 1952.
ATTEST: ,H" L. Dalrymnle

City Clerk
ORDINANCE
NO. III
AN ORDINANCEFIXING ANDESTABLISHINGTHE AGGREGATE PJ10lJNTOF LICENSE FEES,

CHARGESANDSPECIAL TAXESDUETHE CITY OF HOUNTAINHm.1EFROM}10UNTAINHOMETELEPHONE
COMPANY,WHICHAMOUNT WILL BE ACCEPTEDBY THE CITY IN LIEU OF ALL SUCHTAXES
EXCEPTINGAD VALOREMTAXES, SPECIAL MILLAGETAXESANDAUTm10BILELICENSES AND
AUTHORIZING
RATE SCHEDULESFOR TELEPH.QNESERVICE FURNISHEDTHE CITH &~D FOR
OTHERPURPOSES.
~dEREAS, The Mountain Home Telephone Company (here~~after sometimes referred

to as II The Telephone Company-II), is duly authorized by franchise ordinance here-
tofore enacted to operate a telephone exchange system in the City of HountaL~
Home, Arkansas, (here;na~~er sometimes referred to as If City!f ) and said Telephone
~change System and appu:tftenances thereto and used in or incident to, the ren-
dition of telephone service to the City of Mountain Home and the inhabitants
hereof residing in said City, and
WHEREAS,T'ne Mountain Home Telephone Company is now occupying the streets

and alleys of Mountain Home for the purpose of operating, maintaining and extending
its telephone service to the City and the inhabitants and users r-es Lding .in saidl
City, and is supplying to the City Telephone service and
WHEREAS,The City is entitled to receive such just and reasonable t.axes from
the }.fountain Home Telephone Company which City may lawfully impose, and the Company
is entitled to receive reasonable payment for services received by City.
c.::: NOWTHEREFORE,BE ORDAINEDBY THE COUNCILOF THE CITY OF MOUNTAIN

HO~..s,
C.:.~ ARK..4..NSAS
THAT!
4/}?Mc4::d £;i. 04d 113A -~~e 8:3
uv!;i~ The Telephone Company shall pay to the City each year, commen
~ •• e~ ective date of thi,s Ordinance, payable quarterly
witn in advance, an
equ to! "Re.peRle.d No.58'=>
No\,Jem be.a 1 . zq
ew Sea.+·lo~.1
Two ;. t'reCedJ .rig calendar year"s gross telepho service revenue
( excluding distance and western union revenues) as paid o·the Telephone
Company by 'custom residing within the Corporatel:L.'1lit 1 the City of M011..1rJ.tain
.Home, Payments shall made by the Telephone Comp .; . 0 the City in equal
quarterly installments. Dista1rJ.ce and weste~ union revenues are those revenues
derived from the use of facili ~ s outside Corporate limits of the City of
r1olli~taL'1.Home owned by persons or c ions other than Mountain Home Telephone
Company and for which use, rental 0 compensation is paid by Mount.a.in
Home Telephone Company.•
It is expressly az ed and understood by the C~v that said payment shall

constitute and be .sidered as complete pa~Tfient and dis~ ~rge by the Telephone
Company of all cense fees, charges, impositions or taxes ther than auto-
mobile lic' e fees, special roillage taxes, and the general ad ]orem taxes)
which now and might in the future be imposed by the City under a hority
rred upon the City by lawo
Section 2" Telephone serv~ce furnished the City shall be paid by the City
in accordance with the applicable rate schedules of the Telephone Company now on
file ~"1d/or as they may in the future be filed by the Telephone· Company and
approved by the Arkansas Public Service Commission. The Telephone Company shall
have the privilege of crediting any amount due City with any unpaad balance due
said Telephone Company for telephone service rendefed to said City. It is ex-
pressly agreed and understood between the City and the Telephone CompanJTif
any licenses, charges, fees, impositions or taxes ( other than automobile licens~
fees, special millage taxes, and the general ad valorem taxes~be charged, im-
posed, or levied by the City of 110untain Home in the future, then, in such event,
the obligations of the Telephone Company set forth in Section 1 hereof, to pay
the City the Sum of two per cent arillually of the gross telephone service revenu~
( excluding long distance and western union) shall immediately terminate.
Section 30 Nothing herein contained shall be construed as giving the

Telephone Company any rights, or privileges in addition to tho~e already enjoyed
or owned by said Company, nor shall it affect any prior or existing rights of
the Telephone Company to maintain and operate a Telephone Exchange Systam withiru
said City"
Section 4. This Ordinance shall remain in effect for a term or two (2)
years and for successive periods of one (1) year each unless and~ntil cancelled
not more than six (6) months nor less than three (3) months prior to the e~
piration of the original term or any a:nniversary thereof"
Section 5. All other ordinances, agreements, and qna.rtsof ordinances and
and agreements in conflict with the provisions of this Ordinance are hereby
repealed .•
Section 6. Said Telephone Company shall have thirty (30) days from and
after it s passage and approval to file its wr-Lt.t
en acceptance of this Ordinance
with the City Clerk and upon said acceptance being filed, this Ordinance shall
be considered as taking effect and beLng in force from and after the 1st day of
January, 1953.
Approved this 2nd day of December, 1952.
v-ladeLahar
Recorder Mayor
ORDINANCE NO. 112
AN ORDINANCE FIXING AND ESTABLISHING THE AGGREGATE AMOlJ1H OF LICENSE FEES,

CHARGES A..l"JD SPECIAL TAXES DUE THE CITY OF MOu'NTAIN HO}W, A,.11.KftJJSAS,
FR0}1 .A
..
RKANSAS
PO"l'i'ER.
AND LIGHT COMPANY, 'WHICH AMOUNT WILL BE ACCEPTED BY THE CITY IN LIEU OF
ALL SUCH TAXES, EXCEPTING AD VALOREM TAXES, SPECIAL MILLAGE T.4.XESAND AUTOMOBILE
LICENSES, AND AUTHORIZING RATE SCHEDULES FOR STREET LIGHTING AND UTHER MUNICIPAL
USES OF ELECTRICITY AND FOR OTHER PURPOSES.
WHERRA.S, The Arkansas POi-Ferand Light Company ( hereinafter sometimes

referred to as the "Power- Company!!) is duly authorized by fz-anch.i.se ordinance
heretofore enacted to operate an-electric distribution system in the City of
}lountain Home, Arkansas, (hereinafter sometimes referred to as nCity) and said
electric distribution system and appurtenances thereto or used>in, or incident
to, the rendition of electric service to the City of Mountain Home, and the
L"'1habitantsthereof residing in said City, and,
"I'i~S, The Arkansas Power and Light Company is now occuping the streets
and alleys of the City of }fountain Home for the purpose of operating, main-
taining, and extending its electric service to the City and the .inhab.Lt.ent.s
and
consumers residing in said City, and is sUpp~YJ.g to the City electric service
for street lighting purposes and other municipal uses, "and
~REAS, The City is entitled to receive such just and reasonable texes
from the Arkansas Power and Light Company "which said City may lawfully impose';
and the Company is entitled to receive reasonable payment for services received
by said City"
NOVJ THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TEE CITY OF HOliNTAIN HO:fc1E,

ARK'\. lITS \ S) ":'PJ'T:
Section L Power- Company shall pay to the Cit;)'""

each year-, commencing
'Nith the e~fective date of this Ordinance, payqble quarterly Ln advance, an
amount equal to: Four per cent of the preceding calendar year's gross electric
revenue; excluding L~dustrial and municipal revenues) as paid to the Power
Company by customers resid;YJ.g1vithin the corporate limits of the City of
Mountain Home , Payment s shall be made by the Power Company to the City in
equal quarterly installment;se Industrial revenues or those revenues defined
.by the Power Company as such and approved as such by the Arka~sasPublic
_Service CoaBission. ~~icipal revenues excluded shall be those covered in
Section 2 hereof.
It is expressly agreed and w"'1derstoodby the City that said payment shall
constitute ~~d be considered as complete payment and discharge by the Power
Company of all license fees, charges, impositions or taxes ( other than automobile
license fees, special millage taxes, and the general ad valorem taxes) which are
now and might in the future be imposed by the City under authority conferred
upon the City by law.
Section 2. Electricity furnished the City for street lightnLYJ.g~"'1dother

purposes shall be apid by the City in accordance with the applicable rate
schedules of the Power Company now on file and/or as they may in the future be
filed by the Power Company and approved by the Arkansas Public Service Co~~ssiono
The Power Company shall have the privilege of crediting any amount due City
1f.rith
any unpa i.dbalances due said Power Company for electric service rendered
to said Cityo It is expressly agreed and understood between the City and the
Power Company if any licenses, charges, fees, impositions or taxes (other than
automobile license f~es, special millage taxes, and the general ad valorem
taxes) be charged, Luposed, or levied by the City of Mountain Home in the
future, then in such event, the obligations of the Power Company set forth Ll Section
1, hereof, to pay the City the sum of four per cent annually of the gross electri~
revenues ( excluding industrial and mthiicipal) shall immediately terminate.
Section 3. NothL.YJ.g
herein contained shall be construed as giving the Powerr
Comp~r any rights or pri~~leges L.YJ. addition to those already enjoyed or owned
by said Company, nor shall it affect any prior or existing rights of the Power Com-
pany to maintain and operate an e~ectric
-, ' distribution system withLi said Cityo
'/
Section 4. This Ordinance shall remain in effect for a term of two (2)
years ~ld for successive periods of one year each unless and until cancelled;
not more than six' (6) months nor less than three (3) months prior to the expiration
of the original term or any anniversary thereof.
Section 5. All other ordinances, agreements and parts of ord;nances and
agreements' in conflict with the provisions of this ordinance are hereby repealed.
Section 6. Said Pov-.rerCompany shall have thirty (30) days from and after
the pas saga and approval of this Ordinance 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 after the
first day of January, 1953~
Approved this ~ld day of Decew~er 1952.
ATTEST:
City Recorder
O?DINANCE ~O. 113

AlJ ORDINANCE IN EXERCIST OF THE AUTHORITY GRu.NTED BY MID
IMPLE1,1ENTINGORDINANCE NO. 110 OF THE CIT'T CF lii(tJNTAIN
HmiE:;
A.RE:ANSAS,PASSED ON OCTOBER 1st, 1952, AND ADOPTED BY THE
PEOPLE IN REFERENDUH ELECTION fiELD ON NOVEHBER 4, 1952;"
REGULATING VEHICu~ USE OF CERTAINPuoLIC STREETS: PRO-
VIDING FOR INSTALLATION OF PARKING }1E'l'E,RS
AND FIXING P..EGUIA-
TIONS FOR USE F1JD OPERATION OF SAME: PROVIDING PTIJAETIES FOR
VIOLATION Th~EOF; AND FOR OTHER Pu~POSES
BE IT ORDAIN"ED BY THE CCUNCn OF THE CITY OF ~10UNTIAN Hm-iE, ARKANSAS:
SECTION- I. DEFI~TIONS. (a) The word llvehiclell shall mean any device in,
uponoor by shieh any person or property is or may be transported upon a high-
*~y or street, except a device wh.i.ch is operated upon tracts or rails.
(b) A Parking Meter Zone shall include ani! public street, or public parking
area herein designated, or hereinafter by ordinance designated, where parking
meters are to be installed, used and operated.
Cc) The word "per-son" shall include any individual, firm, co-partnership
or corporation.,
(d) The word "operat or-" shall include -every individual, who shall operat ee
a vehicle as the woner thereof, or as an agent, employee, or permittee of the
owner-s.
(e) A Pary,ing Meter Space shall be defined for the purpose of parallel and!
o~-angle parking as a space 18 to 24 geet, more or less, along the curb of a
street or public par~ing area.
SEGTICN 2.. ~1'f~v~ p~~~f'tt:l!efs

in
hereby designated as Parking Meter Zones:-
l:!..dand west sides of MaLYJ.Street bet-ween Fifth Street a ,- brth Street;

+
East an -t sides of Hain Street one-half block so +-L of Seventh Street;
North and south s of East Seventh Street~-~lfBlock East of Baker
Street ~ld Public Square, e east sid~aker Street Between Sixth street
and Seventh street; The South S' f Seventh Street bet-ween Hain Street
and Baker Street; the vve~ of Hain eet behree~ Seventh Street and
Sixth street; The No"'~side of Sixth Street be' ,f'lainStreet and Baker Streei;
also that par.~ area around and coextensive with t.e '~eter
J
Court yar~ ~urroundLlg the Baxter CO~lty Courthouse, said

on Lns i.de of the public square and separated from the
/
J~d by an octagonal concrete walk and raining ,..rall,
on which com-
k pary~g meters shall be installe'.
excepting such loa "ng and unloading, ~~ theatre and t~{icab sp~ces, if any,
as may be des Lgnat ed bi r now' or ~fter by resolution of the ?ity Council"
/'
The Parking of vehi.c.Les)~:thin the Parking Heter Zones shall be either ~

parallel or diagonal as~et~rroin ~ by the City Council and the chosen method
shall be designated9Y/iTIarkings upon he curbing and the pavement.
//
The City ~cil may from time to tim designate other par-king meter zones
upon the p~c streets and parking areas an or eliminate any of the above
design~ Parking }~ter Zones as in its opinio the traffic conditions require.
SECTION 3" Parking Meters are to operate in said Pa_:ing Meter Zones as follows:
EVERY DAY EXCEPT SUNDAY: From Eight (8) otclock A. M. to Six (6) o'clock
PC"Me, except ing further the follmring NJati9nal Holidays: of each year: Hay 30
Memorial bay); July 4, \ Independence Day); Thafl.ksgivi..1'lg
DC!-y:ana December
25 ( Christmas Day).
SECTION 4.0_ In such Parki..'1g

l{eters Zones the Mayon and City Counc-il shall cause
parking eters to be installed and sh~ll fix the line limitations for legal
parking L. such zones, and the hours during whi : said meters must be used'
(by ar~ per n who desires to enjoy the use of a parking meter space) and when
the limitatio s shall be effective; and sha~,indicate the time limitation~
by designating arne on the parking meters orlby appropriate signs posted in
proximity of sai meters" /
/
Parking Meters . lstalled in the Payking Heter Zones established shall be
placed upon the curb i ned.i.at.e'Ly ad jaoerrt to the individual parking meter
spaces herein described.. Each park~g meter shall be placed or set in such a
manner as to show or disp ay by a s/ign~l that the parking space adjacent to
such meter is or is not le~~ly it
use. Each parking meter installed shall
indicate by proper legend ~h~ J,.egalparking time established by the City; and
when operated shall indicate ~ and by its dial and pointer the duration 0]"
the period of legal parking;/an'd on expiration of such period shall indicate
illegal parking" /
- /
The Mayor and City/CounCil sha - have lines or maI±ings painted or placed
upon the curb and/or)he street adjac t to each parking
meter for the purpose of designating th parking space for 1vhich said meter is
to be used, and e~h vehicle parked adjav nt or next to any parking meter shall
park within th~ J-1l1es or markings so extab,""'shed" It shall be unlawful and a
vicHation of t~s Ordinance to park any vehi le across any such Line or marking
so establishe , or to park such verdcle in su' position that the pame shall
not be errti,n ly 1-:1.thin
the area so designated b such lines or markings.
The ehicle shall be parked so that the front foremast part shall be
nearest vO the parking meter.
SECTION 5~ v{.henany vehicle shall be parked in any space adjacent to which

a parking meter is located in accordance with the provisions of this OrdL~ance,
the operator of said vehicle shall upon entering the said parkLng space
deposit Ln~ediately, or cause to be deposited, one or more one cent (l¢) coin~;
one or more five cent (5¢) coins or a ten cent (lO¢) coin of the United
States in such parking meter, as directed Ln the instructions of said meter,
which shall immediately put said meter in operation. Failure to insert the coin
by the person parking such vehicle constitutes a violation of this Ordinance
and shall be pun i.shed as hereinafter set forth. The deposit of a 1 cent coin
in parking meter adjacent to parking meter space entitle the depositor to park
a vehicle in the parking meter space adjacent thereto for a period of 12
minutes; the deposit of two 1 cent coins shall'entitle such depositor to use
said space for 24 minutes; the deposit of three l¢ coins shall entitle such
depositor to use said space for 36 mL"1utes; the deposit of four one cent coins
shall entitle such depositor to use said space for 48 minutes; the deposit
of a 5 cent coin or five one cent coins, shall entitle such depositor to
use of aaid space for 60 minutes; the deposit of six cents ahall entitle
the depositor to the use of said-space for 72 minutes; the deposit of seven
cents shall entitle the depositor to the use of said space for 84 minutes;
the deposit of eight cents shall entitle the depositor to the use of said
space for 96 minutes; the deposit 0 f nine cents shall entitle the depositor
to the use of parking meter space for 108 minutes; the deposit of ten cents
shall entitle the depositor to the use of said space for 120 minutes; and the
deposit of one dime shall also entitle the depositor to the use of said space
for 120 nrinutes;
Said parking meters shall receive one cent C01...."1S,
five cent coins and ten
cent coins if said vehicle sp~ll remain parked in any such parking meter space
beyond par-king time limits fixed for such par-king By coins deposited in s aid meter
in accordance with the time schedule hereinabove set out, such parking shall be
a violation of this ord1....'1ance
and punished as hereinafter set forth.
SECTION 6. It shall be unlawful and a violation of the provisions of this

Ordinance for any person to:
(a)o Cause, allow, permit or suffer any vehicle registered in the name of,
or operated by such person, to be parked overtime or beyond the period of legal
parking time established for any parking meter space as herein d~scribed;
(b) Permit a veracle to remain or be placed in any parking space adjacent

to any parking meter while said meter is displaying a signal indicating that the
vehiCle occupying such parking meter space has alreaqy parked beyond the period
of time prescribed for such parking space on the parking meter a~jacent to such
spaceo
(0) Deface, injure, tamper with, open or wilfully break, destroy, or impair
the usefullness of any parking meter installed under the provisiQn of this
ordinance;
(d) DeDosit in any parking meter any slug, device or metallic substitute
or any other substitute, and to use any coins other than c oins of the United
States"
(e) Cause, permit or allow any vehicle of a rated capacity greater than
one ton or of a wheelbase greater than 218, or an overall length of 240 inches,
to park, remain or be placed in any parking speae designated by proper markings
upon the curbing and pavement for diagonal parking and the diagonal parking
of ar~ such vehicle shall be prima facie proof that proper markings do existo
SECTION 7" It shall be the duty of the Police Officers of the City, acting
in accordance with the instructions issued by the Mayor and the City Coun<ci.l
to report;
(a) The number of each parking meter which indicates that the vehicle
occupying the parking spaee adjacent to such parkL"1g meter is or has been parked
in violation of any of the provisions of this Ordinance;
(b) The State Licen«e of such vehicle;
(c) The date and hour said officer detected such vehicle parking in
violating the provisions of this OrdL"1ance;
(d) Any other facts, a knowledge of which is necessary to a thorough

understanding of the circumstances attending such violation"
Each such Police Officer shall also attach to such vehicle a notice to
the o~neror operator thereof that such vehicle has been parked in violation
of the provisions of this Ordinance, and instructing such o~ner or operator to
report to the offiee of the City Collector of MciuntaL"1Home, Arkansas, in re-
gard to such viOlating. Each such owner or operator may ~-ithin 24 hours, of
the time when such notice was attached to such vehicle, pay to the said City
Collector at: the City Hall in Mountain Home, Arkansas, as a penalty for and in
full satisfaction of such violation the sum of fifty cents ( 50¢).. The failure
of such owner or operator to make such payment to the City Collector within
said 24 hours sr~ll render such o~ner or operator subject topena~ies therin
after pro-v.tdedfor violation of the provisions of this Ordinance. Said City
Collector shall keep strict accounts of all such receipts, and shall report and
remit such sums in the same manner as required by ordinances of said City
relating to other receipts of said officee
SECTION So In any hear-Ing in the Mayor's Court of !lountain Home, Arkansas,

on a charge of illegally parking a vehicle, testimony that a vehicle bearing
a certain license plate was found, or that was duly reported, unlawfully parked
-as prohibited by the provisions of this Ordinance, and further testimony that
the records of the registrar of motor vehicles for the State or City reflect said
license plate was issued to the defendant, shall be prima facie evidence that
the vehicle was unlawfully parked, was so parked, or permitted to be parked,
by the defendanto
SECTION 9, An;/ person who shall violate any of the provisions of this Ordinance,
and any person who aids, abet a, or assists therein, shall upon conyiction
thereof be subject to a fine in any amount not exceeding one dollar for the
such offense or violation. Not to exceed five dollars for the second such
offense; and not to exceed ten and no/lOa dollars for each such offense in
excess of two such offenses or violations.
SECTION; 10 -'l'fieiJue Cent; (lH--, Fi\re cent (5¢), and the ten cent (lO~) coins re-
quired to ~e deposited in parking meters as herein.provided are her;by l:v~ed
and assessed as fees to provide the proper regulatlon and control.oL traIflc upon
the Dublic streets an~ avenues of said City, and also the cost of rental,
purchase, installation, supervision, protection, inspection, operation, main-
tenance and control and use of the parking meters described herein.
SECTIOJjf1ll. This Ordinance shall be deemed to be in addition and supplementary

~er ordinances of said City regulatL~g traffic therein, which are not in
conflict herewith. All ordinances, or parts of ordinances in conflict with
this Ordinance are hereby repealed.
SECTION 12" If any section, part of section, sentence, clause, or phrase of
this Ordin;nce shall be held unconstitutional ?r ~nvalid, the rem~L~ing portions
and pro-visions thereof shall nevertheless remaln In full force ana effect.
SECTION 13, It is ascertained and declared that the lack of traffia:re~~ations

in Mountain Home, Arkansas, and the general traff:i..ce:
congestion that is manifest
in the Parking Meter ZOnes hereL~ established, endangers the peace, health,
and safety, and property of the inhabitants of said City; and that the i 'n-
stallation of parking meters is the most efficient and practical way to
remedy such situation. It is therefore declared that an emergency exists;
and that this Ordinance being necessary for the immediate preservatioM
of the public peace, health and safety shall be in full force and effect
from and after its passage .•
ATTEST: APPROVED
~=~~~=--------
-v.fade
Lahar
],fayor
ORDINAl~CE NO. 114
AN ORDINANCE TO LINIT THE SPEED AT vJHICH VEHICLES JvIAYBE OPERll_TEDIN OR

UPON THE PUBLIC STREETS AND HIGHWAYS WITHIN THE CORPORATE LlliITS OF THE
CITY OF MOUNTAIN HO}IE, ARKANSAS: TO PROVIDE IENALTIES FOR THE VIOLATION'
THE...B.EOF:
AND FOR OTHER PURPOSES
:&E IT ORDAI:NED BY THE COUNCIL OF THE CITY OF ].fOIJNTAIN

H01-1E,AP..KANSAS"
SECTION 1. DEFINITIONS: (a) The wor-d "Vehicle" shall mean any device in, up-
on or by means of which any person or property is or may be transported
upon or L~ a street or highway.
(b) The words "Per-son" shall mean and include any indibidual" firnr,
partners tdp , or corporations
SECTION 2. It shall be unl~~ful for any person to operate, or to cause or

permit any vehicle to be operated at a speed in excess of forty-five miles
per hour in the follow~_g areas:
(a) Ue S" Highway Nb. 62, NE, between the point where said highway
enters the City of MOuhtain Home from the northeast and the point where saiffi
higm~y intersects College Street.
(&) m" s" Highway No. 62 ffiv.betweenthe point where said highway enters
the corporate limits of the City of Mountain Home from the southwest and the
point where said highway crosses Dodd Creek bri1ze.
(c) Arkansas State Highway lTo •• 5, het;ween~the point '"here s§,id high-
Hay enters the corporate limits of the City of Hountain Home from the south-
east and the point where said highwa;)Tintersects :Bryant Streett.
Cd) Arkansas State HigmNaY No. 5, ~~, between the point where said
hi.ghway enters the corporate limits of the City of Mountain Home from the north
west a~d the poL~t where said highway intersects Dyer Street.
SEC TIONi3" It shall be unlawful for any person to operate, or to cause OIr
permit to be operated any vehicle under his o~~ership or- control at a speed in
excess of thh-ty miles per hour :4"1. or upon any public high"ray or street
within the corporate limits of the City of Mountain Home, those areas described
in Section 2 above alone being excepted from the Application of this section.
SECTION 4. Any person who shall violate any of the provisions of thi~
Ordinance, and any person who aids, abets, or assists therein, shall upon
conviction there be subject to a fine :L1'1
any amount not to exceed, however,
the amount of twenty-five dollars.
SECTION 5. In any hearing of any court of compete~t jurisdiction of a
charge of violating this Ordinance, testimony that a vehicle bear-Ing a certain
license plate was found to be operated in violation of this Ordinance, andt
further testimony that the records of the Registrar of Motor Vehicles for the
State or City reflect said license plate was issued to the defendant, shall be
prima facie evidence that the vehicle was unlawfully operated, and was so
operated, or permitted to be operated by the defend~1'1t.
SECTION 6. It is ascertained and declared that the lack of traffic spee~
regulations in Mountain Home, Arkansas endanters the peace, health, safety,
and property of the inhabitants of said City. It is therefore declared that
an emergency exists; and that this Ordinance being necessary for the im-
medizte preservation of the public peace, health, safety, and welfare, shall be
in full force and effect from and after its pas sage,
APPROVED: 1rIADELAHAR Mayor
ATTEST: ______________ s RECORDER
ORDINANCE NO. 115
AN ORDINANCE AUTHORIZING AND DIRECTING 'YliEMAYOR AND CITY

RECORDER OF THE CITY OF MOUNTAIN HONE, ARKil..NSASTO ENTER INTO
AN AGREEMENT WITH TIlE STATE OF ARKANSAS TO OBTAIN INSURANCE COVERAGE FOR
ALL THE NON UNIFOR}f EJ.'lPLOYEESOF THE CITY UNDER THE PROVISIONS
OF THE FEDERAL SOCIAL SECURITY ACT: AUTHORIZING DEDUCTIONS FRO}f EHPLOYEES I
WAGES: APPROPRIATING THE CITY'S PORTION OF THE TAX: AND FOR OTHER PlJRPOSES.
BE IT ORDAINED BY 'YliECITY COUNCIL OF }fOUNTAIN HOHE, ARKANSAS:

SECTIONl.. That the VJ.ayorand the City Recorder of the City of lvfountainc.
Home, Arkansas, are hereby authorized ~1'1ddirected to enter into an agreo-
ment with the State of Arkansas for the purpose of obtaining insurance
coverage for all the non-uniform employees of the City under the terms and
provi~ions of the Federal Social Security Act.
SECTION 2. That commencdrig April Lst , 1953, each employee I'S Insurance
contribution shall be deducted from his salary check in accordance with
the terms and provisions of the said Social Security Aet&
SECTION 3. That commenc:L1'1gApril 1st, 1953, there is hereby appropriated

from the General Fund of the City of VJOuntain Home, Arkansas, the sums of
money necessary to pay the City's share of the insurance tax in accordance
with the terms and provisions of the said Social Security Act ••
SECTION 4. All ordinances in conflict herewith are hereby repealed, and un-
less the provisions of this ordiriance are placed into effect at once, the
health and safety of the citizens of the City will be a dversely affected,
therefore an emergency is hereby declared to ey~st, and this ordinance shall
be in full force and effect from and after its passage and approval.
PASSED: r-rJaY 6. 1953
ATTEST: APPROVED: BADE LAHAR

City Recorder Mayor
6rdinance to AmendORDINANCE
113 OF THECITYOF MOUNTAIN
HOME,
ARKANSAS.•
Ere it ordained by the Council of the City of I1ountai.1rJ.

Home, Arkansas:
Section 1 Ordinance Noc 113 of the City of Hountain Home, Arkansas, is hereby"
amended by providing that Sectiom 2 of said ordinance 113 shall-read as follows:
Section 2. 'Ithe following public streets in }1ountain Home, Ar-kansas are now
hereby designated as Parking Meter Zones:
East and vlest s ides of }fain Street between Fifth Street and Sixth Street; East
and West sides of Y~in Street one half block South of Seventh Street; North and
South sides of East Seventh Street one half block East of Baker Street an~
Public Square; '1!b.eeast side of Baker Street between Sixth Street and Seventh
Street; 'Ithe South side of Seventh Street between Main Street and Baker Street;
'Ithe West side of l~in Streeo~ between Seventh Street and Sixth Street; The
Worth side of Sixth Street between Yain Street and Baker Street; also that
parking area ~round and coextensive with the perimeter of the Court yard sur-s
z-ound.ingthe Baxter Counby Courthouse, said par-king area being on the inside
of the public square and separated from the Baxter County Cour-tyar-d by a.mJ.
octagonal concrete walk and retaining wall, on which concrete walk parking
meters shall be installed; the East and West sides of Baker Street between
Fifth Street and a pod rrt 100 feet North of Ninth street; the North side
of Sixth street between Baker Street and Church Street; and the South side of
Eighth Street between Baker Street and }fa:L'1street.
Excepting such Load.ing and unloading, bus.; theatre and taxi-cab spaces,
if any, as may be designated by or now or hereafter by resolution of the
City Couneii.L,
The parking of vehicles within the Parking }feter Zones shall be either'
parallel or diagonal as det.ermi.ned by the City Council and the chosen met.hodi
shall be designated by markings upon the curbing and the pavement .•.
The City Council may from ti.me to time designate other parking meter
ZonelSO upon the public streets and parking areas a.1rJ.d/oreliminate any of the
above designated Parking l~ter Zones as in its opi.1rJ.ionthe traf~ic conditions
-r-equar-e,
SECTION2. Except as herein amended, Ordinance 1:13 of the City of }fountain

Home, Arkansas, shall remain unchanged and in full force and effect .•.
SECTION3. This Ordi.nance shall take effect Lmmediately upon its passage,
PASSED:Feb. 2, 1954
(seal)
ATTEST:CHAS.§CHARLAU APPROVED:Wade Lahar
City Recorder l1ayor
"
ORDINANCE
NO. 117
Whereas the United States of America has filed in the Office of the
Clerk and Recorder of Baxter County, Arkansas, a certifi~ plat comprising
the follo"d.-,-TJ.g
described lands:
A tract of land situated in the County of Baxter, State of Arkansas,

being part of the E~ of the E~ of Section 8, part of the w.~ of the W~ of Sect-
ion 9, Tb~nsr~p 19, N~rth, Range 13 West of the 5th priniipal meridian, and
Being more particularly described as follows:
lt
Begin,'1.ingat a point which is South 36 20r East 158,,8 feet from the east
quarter corner of said Section 8, said point of beginnL'1g also being South 65-
2' West 1,274.3 feet from the intersection of the centerlines of 4th and College
Streets in the City of Mountain Home, Ark; thence North 88°30' West 789.7 feet,
more or less to a poL~t on West bank of ThJer Creek; thence upstream along
0
the meanders of said west bank as follows: North 30 06'West 133.4 feet to
0
a point; thence North 0 45' East 279.3 feet to a point. thence North 3° 311
East of 206&4 feet to a point; thence North 17 22' East 587.5 feet to a point;
thence South 72 49t feet to a point; thence South 73 32' East 442.4 feet to
a point; t~ence South 73 34' East 127.0 feet to a point; thence South 15 36t
West 941.1 feet to the point of beginning, containing 22.80 acres more or
less"
said plat having. been filed on the-13th day of July, 1954 and appearing of
record in Baxter C01L~ty, Arkansas in plat book one at page eighty-nL~e,
said plat designating the !I Village SUb:_Division, Mourrta Iri-Home , Arkansas",
And whereas the said United States of America has offered to donate to the
publi~ the street reflected on said plat for the use and benefit of the publi~
subject to the cOflditions expressed in the proposal of donations~ and whereas
it is to the L.~terest and benefit of the City of l10untain Home, Arkansas and
the public at large that the donation proposal be accepted by the City off
Mountain Home, Arkansas subject to all the terms·and conditions thereof;
therefore be it ordained that the City of Mountain Home, Arkansas does hereby
accept the proposed donation subject to all the terms and conditions therein
expressed; and be it further ordained that the l~yor and City Recorder-of
the City of Mountain Home, Arkansas be, and they are, hereby authorized to
do all acts and execute all instruments necessar-y L.~ carry:i.:ng
out the terms of
the proposal"
Dated at }fountain Home, Arkansas this 20th day of July 1954.
ATTEST:
\"lADE LAHAR
Mayor
City R~corder
f \
§RDINMW:Z UO. :'100.0..;v~

AN ORDINANCE FOR THE PURPOSE OF INSURING THE COORDINA~ED, ADJUSTED A!\1D
HARMONIOUS DEVELOPME..~TOF THE CITY OF 110UNTAIN HOME, ARYlANSAS
BE IT ORDAI1'ED BY THE CITY COUNCIL OF 110lJNTAINHOME, ARK.8..NSAS
PURPOSE - The zoning and Planning Commission of l1uuntain Home, Arkansas,

crreated py erd~nance no. 108, enacted March 20, 195~ having made a com-
prehensiv-e study of present conditions and future gro·w-th.ofthe City and
PAVing nrepared and adonted a Land Use Zohe ~lan i~ accordance with the
require~lents of Act 108·, '1929 as amendedfinds that this Ordinance wouLd carry
out the intent of the'Land Use ~9ne-Elan and would promote, in accordance
~vl~h present.and future need§, the safetl~ orde~~.conveuieJlceJlefficiency,
ana ebonomy L~ the process 01 dev-elopmen~, convenlence L~ popu aulon
distribution; good civic design, and arrangement; and adequate provisions
for public utilities· and other public :improvements.
DEFINITIONS -
A~ Words used in the present tense include the future;y,rords in the singu'Iar-
include the plural number, and wor-ds Ln the plural include the sihgular; the
word shall is mandatory and not directory.
B~ Certai..nwords in this Ordinance are defined for the purpose hereof.

as follows
L Acces..,.sor;v
building ( structure) A subordinate building located
0
on the same lot or parcel w-ith t he pr Inc Ipa.L structure wh.Lch.

is cust.omani.Iyincident to the principal structure ••. _
2. 1£10 A tract of land defLned by metes, bounds; or boundary li..~es
in a recorded deed or on a record~d pl&~ (plat).
3. StoF,Y~ That portion of a structure ~ncluded between the upper
surfaee of any floor and the upper surface of the floo.r next above;
also any portion of a structure used for human occupancy or toe
storage of goods between the topmost floor and roof. A basement
shall not be counted as a story unless the height of the surface
of the first floor above the average elevation of the ftoished lot.
grade at the structure exceed 4 feet.
4.. Structure" Anything constructed or erected, wh i.ch requires
loc~tion on the grolll~dor attacrunent to something having a
location of the ground.
5. Yard.. A space on the same lot or parcel with a main building,
open, unoccupied and unobstructed by structures from ground to th~
sky , A yard consists of the area between a line drawn parallel
to the property line the distances required in this Ordinance"
P~SIDEA~TIAL DISTRICT
A"" Permitted Use..-
1. One family, two family, and multi-familJi' structures e
2.. Public schools, rolleges, churches and sunday school b~ldings:,
libraries .•.
3. Parks., playgrounds, or community centers owned and operated by
a goverP~ent agency.
4. Farming~ truck gardening, and nurseries or greenhouses provided
that no sales office is maintained on the premises.
5" Tourist courts, room; 11g and borading houses"
6. Hospitals, medical and dental clinics.
7. Accessory buildLl1gs.•
1[~. Area
1. Lot area minimum one family 6,000 sqaare feet"
- minimum: t"ro fan-Lily10.,000 square feet .•
- minimum multi-family 10,000 square feetr-for two units
2,000 for each additional unit"
2" Lot vvidth - mirrimim : one family 75 feet
- minimum t"JQ family 75 feet
- manamum : multi-family 100 feet
3.. Front yard - minimum: 30 feet .•
4. Rear yar-d - minimum: 25 feet .•
5. Side yard - minliimum: 10 feet.
6. Accessory buildings must be 5 feet from any lot line, except
rear lot line if it is on an alley .•
7. Coverage: places of public assembly shall not cover more than
50 per cent of the lot area"
Co Height - maRimlli~2 stories and not to exceed 30 feet.
Off street Parking.;'

10 One par-king space shall be provided on the lot for each dweLl.Lng
unit e
Tourist courts and rooming houses shall provide one parkin€f space
on the lot for each sleeping unit"
RETXIL DISTRICT
A. Permitted Useso
1" All uses permitted in residential district
2" Any retail or professional service bus.iness ; restaurants, auto-
mobile service stations, garages, hotels, banks
buildings. Custom works which make articles for on
the premises and do not employ more than eight
~~ Height- maximum 2 stories and not .0
exceed 35 feet~
C.. Off Street Par-king

1.. Residential structures, tourist courts and r-ooming houses shall
meet the off-street parking requirements of the residential
district"
Do. Area •.
1" Residential structures, tourist courts and rooming houses shall
meet the requirements of the residential district"
Eo. Off-Street Loading and UnloadL11g.

L Each non-residential structure shall provide off-street loading
and unloading facilities which shall not block traffic ll1a street,
alley, or other public ~~y0
F" Rear Yard .•

1. All structures shall be located 12 feet from the rear lot lin~
or center of alley".
Go Coverage ••
1. Places of public assembly shall not cover more than 50 per cent
of the lot area"
H. Residential and business uses shall not be permitted in the same
st ruct.ur-e
.•
COMMERCIAL DISTRICT
A" Permitted Uses
1. All uses jermi.t t ed in the Business District
20 Wholesale trades and business •.
3.. Storage and sale of bulk materials which are not hazar-dous be-
cause of danger of fire or eA~losion&
4. The Hanufacturing, compounding, pr-ocess ing, packaging, assembling,
stprage ~d sale of products which do not by reason of nois~,
fumes, dust, odors, vibration, danger of fire or eA~losion become
noxious or dangerous to the health, safety or general welfare
of the public •.
m Area
1" No struc:ture shall cover more than 66 2/3 per cent of the lot area"
Co Height
10 1lB.Ximum
Height: 2 stories and not to exceed 30 feet.
D. Off~treet Parking.
1.. Adequate on lot par~g must be provided for employees.
B" Off-Street Loading and Un.Ioad.irig Facilities •.

1. Each st ructur-e or use shall pr-ovade off-street loading andl
unloading facilities which will not block traffic in a street,
alley, or other public way•.
-! ZONIlMn
1lAl' DESIGNATIONS
e
A" As definite distances in feet are not shown on the Zoning }1ap,
the district boundaries on the Zoning Map are Lrrtended to be along
exf.stdrig street) alley, or property lines or extensions of or flrom
the same.. vVhenthe location of a distriGt line is not otherNise
det.ernrined , it shall be determined by the scale of the map measured
from a given line.
( AMENDMENTS
A. The City Council may from time to time amend by ordinance the
regulations or zoning map here-in established. Any proposed
amendment, to the regulations or zoning map shall first be sub-
~itted to the City Pla~Jling Comrrdssion for its recommendation
and report ••.
Eo Amendment-sto Regulations .•
1.. Proposed amendments to the regulations may be .initiated by
the City Councilor by ~he City Planning Ccmmi.ss i.on, Am~nd1-
ment,s initiated by the City CouncLLshall be referred to .t.he
City Planning Commission for its recommendation and report.
Failure of the City Planning Commission to report in 60 days:
shall be deemed as an approval
2" The recommendations of the City,Planlling Comrni.ssd.on are qnly
advisory and the City Council shall be at liberty to conf'Lrm,
modify, or reject them. c
Co .Amendemntsto Zoning Map .

1. Proposed amendment ( changes) to the zoning map may be initiated
by the City Counci.L or the City Planning Commissione-
2" Amendmentsinitiated by the City Council shall be referred
to the City Planning Comrnission for its reco~mendation an~
report •.
3. Any nroperty owners, lessees~ or other interested L~dicidual
groups may mitiate a r-equest; for a change in the zoning of
property~ Such request shall be made by letter to the City:
Planning Commission in conf'orrrd.ty with such rules and regula-
tions as it may establish.
4.. IBieforeany recommendation is made to the City Council conC':ern-
ing a change in zoning, the City Planning· C011J.1!1.ission must:
a •• Publish a notice of the time and place of a public hearing
on the proposed change, which shal+ be published at least
once aot less than 15 days preceeding the date of such
hearing, in a paper of general circulation .in Hountain
Home, said notice shall contain both a legal and general
description of the property and the proposed change.. .
bol~y cause to be given additional notice to adjacent
property owners~
c" conduct a public hearing on the proposed amendment to
- the zoning map, After the hearing has been held, the Cit;w
Planning Commission may approve, in who.Leor part, OIr
reject the proposed request for a change i...'1zoning.
de The City Planning Commission shall make a recommendation
and report to the City Councilon all changes initiated
by the City Councilor by property ovmers, lessees, in-
dividuals or groups~
e. The City Council may approve, modigy, or reject a recom-
mendation of the City Planning Commission by a majority
vote of the entire membershin
fo A request for a change of zo~ing :iii.itiatedby property
owners, lessees, or interested indiv~duals or group&
shall be accompanied by a filing fee to defray the costs
of publication, the giving of notice, and the general
expenses in connection therewith as follows~
(1) A min~ of $10 for the first 50 feet of
prinEipal front footage of the property to
be affected, and $5 for each additional 50
feet of principal front footage,' or fraction
. thereof, of said property.
(2)The principal front footage shall be determined by
the plaFti1ingcommission~
BOARD OF ADJUSTl1ENT'
A Board of Adjustment is hereby-established to consist of four
members to be nominated by the Planning Commission and confirmed
by the City Counc.i.L, Two (2) members of the first Board shall be
appointed for one year and two (2) members for two years, and
thereafter all members shall be appcdrrted for terms of two (2)
years each. Vac8P.cies shall be filled for the unexpired term of
any member whose term becomes vacant, in the same manner as the
original appointments"
~ Upon appointment and annually thereafter the' Board shall meet,

or-gard.ze
, and elect its own chairman and secr-etary who shall
ser-ve for one year or until their successors duly qualify",
NEETINGS
A.. Meetings of the Board shall be held at such times and at such
place or places within the City of Mountairl HOme as the Board
may designate, but the Board shall meet at least once each s~
months and may meet at any time on call of the chairman .•
:83.. The B-oard shall keep minutes of its precedings which shall contain
as a minimum e
1. Tim~, date and place of meetirlg.•
2 .•Names of members present.
,3. Citation, by number and description, of appeal or application.
4.. Pertinent facts of the case .•
5. Persons appearing and their interest i..11.
the case.
6. Record of vote by names.
7. Authority for decision ( cite ordinance or stat~te ) and
reasons for conditions imposed.
The minutes of the meeting shall be filed in the office of the
Board and shall be public record.
Co rne presence of three members of the Board shall constitute a

quorum and the concurring vote of three members shall be encessary
to reverse any order, reqUirement, decision, or determination of
the enforcement officer or to decide in favor of the applicant
on any ma.tter upon which it is required to pass under the z:oning
ordinance or to authorize a variance from such regulations~
J, APPEALS
A. The Board shall hear appeals from an administrative decision of the
enror-c.ingofficer concerning interpretation of the zoning or-ddnance
and shall decide whether such interpretation was L11.error or not.
VARIANCES
A. The Board of Adjustment may grant a variance from the regulations
of the zoning ordinance in the following instances on~:
1. To authorize a variance where, by reason of exceptional
narr~N.ness, shallowness, depth or shape of a specific ~iece
of property of record on the date of ~he passage of this
ordinance, or by reason of exceptional topographic or _
physiographic conditions or other extr~ordinary or ex-
ceptional situation or condition of a specific piece of
property, the strict application of any provision of this;
orainance would result L11.peculiar and exceptional practical
difficulties and particular hardship upon the owner or
such property and amount to a prsctical confiscation of such
property as distinguished from a mere inconvenience to such
owTIer, provided such relief can be granted -without substantial
detriment to the public good and without substantially llrr-
pairing the general purpose and intent of the comprehensive
plan as established by the regulations and provisions con-
tained in this ordinance.
2~ To interpret the provisions of this ordinance where the
street layout actually on the ground varies from the
street layout as shown on the map fL.~ing the several
districts"
In granting a v~riance, the Board may impose such conditions as

are necessary to protect the public health, safety, and general
welfare, ;n accordance with the purpose and intent of the zoning
or-dirran e€ Q
T11e Board is hereby prohibited from grant ing an exception to the

d
use regulations governing the use of a st.ruct.ur-eor the Land,
S, NOTICE AND FEES

A. Whenever an appeal or application for a variance is made to the
,Ebard, the Board shall have published the tLme and place of th~
public hearing upon such an appeal or application, which notice
shall be published at l~st once not less tha."1fifteen (15) days'
preceeding the date of such hearing in an official paper or a
paper of general circulation in ~ountain Home, said notice to
contain the particular location of which the appeal or application
is made as w~ll as a brief statement of what the proposed appeal
or application consists.
]ffi" FEE" The appellant or applicant shall be required to pay to the

City Clerk a filing fee of five (5) dollars to cover such costs
of giVh"1g notice and such other costs as may be incurred in con-
nection with such appeal or application e-
ENFORCEMEN'Jr
1\.:.. The provisions of this Ordinance shall be admirri.st-er-ed by an
enforcement officer designated by the City Council. &~ilding
permits shall only be issued when the application has been approVie~
by the enforcement officer as meeting the requirements of this
Ordinance.
R13.. 'IlhePlanning Commission shall establish the administrative pro-

cedures necessary ~or the enforcement of this Ordh"1ance
C. Failure to comply with the requirements of this Ord inance and

the procedures established by the P'Ianrring Dcrnmi.ssdon shall be
punished as provided in Chapter X.
; NmfJiCONFOmITNG USES DEFINED

A. Any use of property ( land or structure) existing at the ti!ne of
the passage of this Ordinance that does not conform to the Regula-
tions prescribed in this Ordinance shall be deemed a Non-Conforming
Use.
Non Confor.~mingUse of Land. A non-conforming use of land sha Ll, not

be changed unless changed to a conforming use
B'. A non-conforming use of land wrri.chshall cease for a continuous

period of more than 30 days shall be deemed permanently abandoned
and any use thereafter established must be in conformity 1~th thi~
Ordina."1ce.,
4
;!, A., lIIDft-ConformingUse of Structures" A non-conforming use of a st.ructur-e
may be continued subject to such regulations as to the maintenance of
premises and conditions of operation as may in the judgement of the
Board of Adjustment be required for the protection of adjacent property.
]3).. A non-conforming use of a structure shall not be extended, but the

extension of a use to any portion of a structure which portion was
arranged or designed for such non-conforming use at the time of passage
of this Ordinance shall not be deemed the extension of a non-conforming
use.
Co A non-conforming use of.a structure may be changed to a use ~erroitted

in the same classification the original use was included if no
strucrtural changes are necessar,r.
D~ A non-conforming use of a·st~~cture once changed to a conforming use
cannot be cha~ged to a non-conforming use.
E.. A non-conforming use of a st.ruct.ur-e

which shall cease for a continu-
ous period of more t han 360 days shall be deemed permanently
abandoned any any use thereafter established must be in conformity
with this Ordinance .•
F", A non-conforming structure whLch is damaged or destroyed to an extent

of 50 per cent of its p resent value cannot be repaired or restored
for any non-conforming use.
SPECI.A~ REGUU:;.TIONS
AREAS NOT TO BE DD1INISHED

A. ~he lot or yard areas required by this ordLnance for a particular
building or use existing at the time of passage of this Ordinance
or later constructed or established shall not be dimL'1.ishedan~
shall not be included as a part of the required lot" open space,
or yard area of any other building.. If the lot, open space, or
yard areas required by this Ordinance for a particular buildL'1.g
or use are diminished, the continued existence of such building
or use shall be deemed a violation and punishable as provided in
Cha1hter X of this Ordinance"
2 OCCUPATIONS PER}ITTTED IN RESID~~TIAL STRUCTURES IN P~SIDDJTIAL DISTRICTS

K. A business, occupation, or profession-may be carried on in a
residential structure in a residential district only if it complies
-".,.'ith
all of the f'o'Ll.owinge .
1. Does not require the emploJ~ent of persons on the premises
in addition to the residing family
2.. Does not require the sale of commodities on the premises that
are not produced on the premises.
3. Does not involve the use of commercial vehicles or business
signs ••
4.. Does not require the use of more than two rooms otherwise
normally considered as liying spaee ••
5. Does not require the use of an accessory building or yard
space or an activ-ity outside the main structure not normally
associated with residential use.
6. Does not have a sign L'1.excess of one square foot to denote
the business, occupation, or profession ••
7..Does not involve the display of goods or services.
A.. ACCESSORY BUILDINGS. An accessory building located in any residential
district shall not be located less than sixty (60) feet distant from
the front property line unless constructed as an integral
part of the ma iri struct.ur-e, An accessory building in any residential
district s~411 be built concurrently with or after construction of
the main bud.Ld.ing and shall not contain cooking facilities or be
used il} connection with the livelL'1ood of t he :family.
A" A1TNEXED AREA.. Territor,{ annexed to the City of Mountain Home after
adoption of this ordinance shall be governed by the following
temporary rules and regulations until permanent zoning can bepromul-
gated with due hearings afforded to property owners in the annexed
territory in order to protect and properly safeguard the v ar-rous.
neighborhood or localities with due respect to the public welfare.
10 That no buildLng permit be approved by the enforcement officer
for a use other than those permitted in Residential District
R-l. If an application is made to the enforcement officer
for any other use, he shall .accept the application and sabmit
it to the City Planning Commission for consideration and;
recoIT~endation to the City Council. The recommendation of thff
City Planning Commission is only adv"isory and the City Council
shall be at liberty to affirm it or allow such construction a$
the facts in the opL'1.ionof the City COQ~cril may justifJ.
2.. No existing bui.Ldtng within any territory newly annexed to
the City of Mount.adn Home not now lawfully used for business pur-
poses shall be altered, remodeled, or reconst7~cted for business
purposes without a permit from the City Council of Mount.a.inHomes,
The permit shall be obtained under the smaeprocedure set out
in this Article for a building permit",
CO}WLETION OF EXISTING BUILDINGS
A" Nothing herein contained shall require any change in the plans,
construction or designatedpse of a building actually under
construction at the time of the passage of this Ordinance, and
wlj.iahentire building shall be completed within two years from
the date of the passage of this Ord;nance. NbthL~g herein con-
tained shal~ require any change Ln plans, construction or des-
ignated use of a building for which a building permit has been
issued within 60 days prior to the adoption of this Ordinance
and wlri.ch entire building shall be completed within two years
from the date of the passage of this OrdLnance.
PENALTY FOR VIOLATION! ••
K" Any person or corporation who shall violate any of th~
provisions of this ordinance or fail to comply therewith
or 1rd.thany of the requirements thereof, or sho shall build
or alter &ny buildings in violation of any detailed state-
ment or plan submitted and approved hereunder shall be guilty
of a misdemeanor and shall be liable to a fine of not more':
than one hundred (100) dollars.
El" Each day such vimlation shall be permitted to exist shall

constitute a separate offense"
C" The owner or Oi~ers of any building or premises or part there-

of, wher-e anything in violation of the Ordinance shall be
placed, or shall exist, and any architect, builder, contractor,
agent, person, or corporation e~oyed in connection therewith
and who may have assisted in the commission of any such
violation shall be guilty of a separate offense and upon
convietion thereof shall be fined as herein before provided.
VALIDITY OF ORDIN.a..NCE
A. If any section, paragraph, subdivision, clause, phrase or

provision of this Ordinance shall be adjudged invalid or
held unconstitutional, the same shall not affect the validity
of this Ordinance as a shole or any part or provision thereof
other than the part so decided to be invalid or unconstitutional"
this 20th day of July 1954

Dated) at Mountain Home, Ar'rr-ansas
ATTEST
Wade Lahar
City Recorder Yayorr
ORDINANCE NO. 119
AN ORDn~JU~CE CP~TING THE OFFIOE OF'PLUMBING lNSPECTOR, GOVEP~ING THE

CONSTRUCTION, INSTALLATION JUJU Il'.JSPECTIONOF PLID1BING, AND 9TBm PURPOSES.
BE IT ORDAINED BY THE CITY C01JNCIL_OF MOUNTAIN H0HE, ARKA.NSAS"
SECTION L" Definitions. Plumbing for the purposes of this ordinance

is her~b~~ defined as folloi>ls: .s~ ~~ .
..1./.:2.-
8:" All piping, fbctures, appliances and appurtenances in connection with

the wat er supply and dradnage systems wi_thim a building and to a point from
three to five feet outside of the building.
be. The const.fmet.Lon and connection of any dr'ain or waste pipe carrying
domestd.e sewage from a'point within three to five feet outside of the
foundation walls of any building with the sewer service lateral or other
disposal terminal, including private domestic sBwage treatment and disposal
systems and the alteration of any such system, drain or wast e pipe, except
minor r-epa.iz-s to faucets, va Ives-, pipes, appliances and removing of st.oppages.•
c. The water service piping from a point within three to five feet
outside of the foundation walls of ~~y building to the water meter or other
water utility property or other terwinal and the connect Lng of domestic
hot w-ater storage tanks, water softeners, and water heaters with the
water supply system"
d , Water pressure systems other than public utility systems •.

e. A plumbing and drainage system so designed and vent piping so in-
stalled, as to keep the air within the system Ln free circulation and m
movement, and to prevent with a margin of'~~fety unequal air pressures
of such force as might, blow, siphon or affect trap seals or retard th~
discharge from pl~b~ng fLxtures, or permit sewer air to excape into the
building.
SECTION 2. State Code. The provisions and regulations of the Arkansas

State Plumbing Code, and amendments thereto, a:ioptedby the State Boar-d of
Health of Arkansas are hereby made a part of this ordin~~ce by reference,
three aertified cODies of which shall be on file in the office of the
City Clerk, and shall extend over and govern the installation of all
plurrillL~g
installed, altered or repaired Ln the City qf Mountain Home,
Arkansas. Sea..., ~. '"1'l4>. ~ a 7, ,..2 /02 '
SECTION 3. Inspection and ~upervisiono
a" There is hereby created the position of PLumb.ing Inspector who shall
be appointed by the Mayor, subject to the confirmation of the City Cow1cil.
b , The Plumbing Inspector shall receive as full compensation for his

services as such L~spector the sum of 80% of all plumbing inspection fees
collected by the City~
c. The P'Iumb.irig
Inspector shall have experience in the business of
plumbing to the extent that enables hLll to know when plumbing is installed
in accordance with the provisions of the Code. He shall not be connected
L~ any way with any person, firm or corporation directly or indirectly engaged
:Lnthe business of plumbing, or plumbing suppliese
d. It shall be the duty of the Plumbing Inspector to enforce all

provisions' of this ordiaance and the Plumbing Inspector is hereby granted
the authority to enter all buildings in the City of Uountain Home, Arkansas
in the perforrr~nce of his duties between the hours of 8:00 a.m. and 5:00
p.m. daily. ~~e Plumbing Inspector shall issue permits for plumbing work
as hereL~ provided and shall prepare suitable forms for applications,
permits and other reports~
e. ,It shall be the duty of the PIQmbL~g Inspector to inspect and test
all plumb:Lng work for compliance with the Code.
SECTION 4. ApDlications, Permits.
a. Nefore beginning any p.lumb.ingwor-k in the City of Mountain Home,

the person installing same shall apply to the Plumbing Inspector, or other
designated official and obtain a permit to do such work. Only those persons
authorized to do p5bumbing may be issued permits. A permit may be issued
to a property o,Yner to install plumbing in a sL~gle fami~ residence
provided the property ovmer does the work hLmself and the building is oi~ed
and occupied by such owner as his home.
b. _!\lpplieabi9):1£orc'per:rnits'sha.ll
be!macle
by the Plumbing Inspector. The application by fees
in accordance with the followL~g schedule:
Fee
Plurnbing Roughing In Inspection ~-------------'$ 1.50
Each plumbing fixture and waste dischargL~g device -- .25
W:-ei<T
or reconstructed sevier connect.Ion.i--, ....
--,...---
$1.00
Each septic ta~~ ------~-----------~---~-~~;--- 2.50'
For f'Lna.L certificate of Irispect ion J.~OO
-~rl adclition.al fee of ~,5'') ~1-;,=-'_~_~ be charged each a
add'i.t Lons.L trj_p on t.he part of t.ne ~nspector~,
caused by degligerce of t.he PIumber-;
SECTION 5.. fund Reau-irect.. J:.,very

¥B.ster P'Iurnber-
doing business in. the
City of Hountain Home shall execute and deliver to the City a bond "cfith
a surety bonding company in the sum of $1,000 to idewiify the city or
~~y citizen for any damage caused by the failure of such Master Plurriller to
comply strictly with the provisions of this ordin~~ce. No plumbing permit
shall be issued to any }fuster Plumber unless this bond has been delivered
to the City and is L~ full force and effect.
SECTION 6. Street Open_h~~.
a. All openings made L~ the public streets or alleys to install

plumb.ing must, be made as carefully as possible and all mat.er-La'l
si excavat esf
from the trenches shall be removed or placed where the least ;nconvenience
to the public will be caused"
b , All openings must be replaced in precisely the same condition as'

before the excavation started and all rubbish and material must be removed
at once, leaving the street or s~dewalks clean and in perfect repa;~G
c. All openings shall be marked 1'[ithsufficient barriers. Flares or

red lamps shall be maintained around t.he open irig at night and all other
precautions shall be taken by the plumber or excavator to protect the
public from darrage to person or property"
Alternative Section 6. (b)

Before any opening is made in the pavement of the streets of the
City-of Mountain Home, the person desiring to ID~ke the opening shall deposit
.1"uth the City of Mou..'1tain
Home a sum of not less than $25.00, and in
addition thereto shall deposit ~~lth the City of MountaL'1 Home, a su..~of
money to be determined by the Plumbing Inspector to cover "the necessary
expenses incurred by the City of Mountain Home in repairing said pavement-
and restorh'1g it to its former condition. After the plumbing work has been
completed the hole refilled, all excess rubbish and material shall be
removed leaving the street or sidewalk clean
SECTION 70 Penal~ieso Any person, firm, or corporation found guilty

of violating any of the provisions of this ordinance shall be subject to
a fine of not less than ten dollars ($10.00) nor more than one hundred ($100)
tGgether with the costs of such prosecution, or by imprison~ent. Each day
dur~~g which violation continues shall be a separate 01fenseo
SECTION 8" ConflictL'1g Ordinances Repealed. All ordinances or parts of

ordL'1ances conflicting with any of the provisions of this ordinance are
hereby repealedl.
SECTION 90 rnis ordinance beh'1g for the regulation of plumbing and for
the-protection of the public the provisions hereof are declared to be
separable, and the i..nvalidit;)T
of any clause, sentence, paragraph or section
hereof shall not affect the validity of the rea~der of this ordi..nance.
SECTION 10 Effective Date" This or-dinance shall be in full force and!

effect from and after ~ts passage and publication as required ~'1the
Arkansas Statutes.
Passed August 17th 1224

ATTEST
Naomi Bo_denhamer. APPROVED Vfade Lahar

City Recorder Mayor
ORDIWUWE NO. 120

, -r- r -ar ;-1\
--~his ordinance was dissolved by C~~ncery Court decree, Febe 16, 1955
ORDINANCE NO. 121
AN ORDINANCE FOR THE CREATION OF A PAPJ\.SAND RECREATION Cm<mISSION: TO

~u~~TE THE PCNffiRS'ANDDUTIES THKBEOF! TO PRESCRIBE QUALIFICATIONS OF
COVh"ISSIONERS: Al\TDFOR OTI-ffi'i
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF M01J1~TAINHOlfE, ARKANSAS:
SECTION le COMMISSION C~_TED. There is hereby created a Parks ancr

Recreation Cowmission which sh~ll hereafter be designated and known official-
ly- as 11 The Mount.aIn Home Parks and Recreation Commi.ss i.on" e-
SECTION 2. COMPOSITION OF C01~vrrSSION.-The Said Cowill~ssionshall be

composed of Five Hembers each of whom shall be a Citizen of Mountain Home,
Ar-kansas, and a qualified elector of said City 0'
_SECTION 3. POvmRS MJD DUTIES OF CP}lliISSIO!~ The Commission shall be

and is hereby invested with the foll01~~g Powers ~nd charged with the
following duties:
(a) The Commission shall have full and complete control and author-
ity to build, wAnage, operate, maintain, and k~ep L~ a good state of re_
pairs any Municipal buildings deemed necessary to carryon a Parks anw
Recreation Program for the City of ¥lOuntain Home, including the building
of SwiroEdng Pools, Field Houses, Stadium Zoos or other buildings necessary
to car~y on a Parks and Recreation Program.
(b) The Commission have full and complete charge of such buildingff
and grounds as 'are enumerated in Sub-Paragraph (a) above, i..ncludingthe
right to control and permit or refuse to permit such Public Gatherings or
other meetings or affairs as the COITillUssionersshall see fit and deem to
be to the best interest of the City .•
(c) The Commission shall have the exclusive right and power to make
purchases of all supplies, apparatus, and other property and things re-
quisite and necessary for the management and operation of said Parks and
Recreation Program, ;ncluding the construction of same and repairs an~
additions theretoo The Corrmissioners shall not have power or authority
to sell, mor-tgage , or encumber said Property unless ot.herwi.seauthorized
to doJ so byrtae:i69nstitution and/or: Statutes of the State of Arkansas e
(d) The Comrrissioners shall have authority to enter into Contract$

'Mith persons, firms, or corporations or organizations for the use off
buildings or parts of the Parks and Recreation Progr-ame-
(e) fhe Commissioners shall adopt such Rules and Regulations as

they may deem necessary and expedient for the proper operation and manage-
ment of said ~icipal Parks and Recreation Program, and shall have auth-
ority to alter, change, or amend such rules and regulations at their
dd.scr-et.Lon,
(f) The Commissioners shall submit quarterly reports, beginning

three (3) months after they take their oath of office, and each three
(3) months thereafter, r-epor-t-ing in full on the operations, including
an accounting of receipts and disbursements, to the Mayor and City Coun-
cil and shall furnish such other and further eReports, data. and informa-
tion as may be requested b;y-the l>1a.yorand City Counc.iL, The quarterly
reports to the Mayor and City Council with respect to Receipts and dis~-
bursements shall also submit an annual audit of the onerations of the';
Parks and Recreation Program to the Yayor and Counci-1:
(g) The Commissioners shall have authority to utilize all revenues

desired from the operation of the Parks and Recreation Program in the
operation of the said program. All fllildsderived from the use of the Park$
and Recreation Program shall be segregated L~to a Park Fund which fun~
shall be used by the Commissioners ~n the operation of the Parks and Re-
creation Program exclusively. The moneys in said fund shall not be ming-
led ",nth other funds of the Cit;( and shall 'be handled exclusively by the'
Commissioners. Said Coro~issioners shall furnish the City a bond in the
amoQnt of $5000 00 executed by a Corporate Surety Company, authorized-
0
to do business Ll Arkansas, as Surety, ~rhich Bond shall serve to Lnsure

the City aga.inat any misappropriation or mishandlL.ng of fundss, The prem-
ium on said bonds shall be paid from moneys from the Park Fund , The com-
missioners shall be reimbursed from the Park Fund ,for actual expense L.n-
curred L~ the performance of their duties@ Said Park FQnd may also be ex-
pended by the Commissioners as they deem best, for the purpose of obt~in-
ing attractions to be staged as a part of the Parks and Recreation Progra~m;
SECTION 4... APPROPRIATION OF FUNDS BY CITY COUNCIL. The City Council

may from time to time appropriate funds from the General Revenue Fund of the
City, or from such other funds as the City may have available to make up
any deficits as may be shown on any quarterly report or as may be necessary
to carry on the operations of the said Parks and Recreation Program.
SECTION 5.. APPOINTMENT OF CONNISSIONEII.S- TE..BMS. It shall be the duty

of the Mayor to appoL~t the Five Members of the Parks and Recreation Comm-
ission subject to" the confirmation of such appointments by a majority vot~
of the members of the City Council.. Each Comrrtissioner shall hof.-doffice
for five (5) years; PROVIDED HOWEVER, that those commissioners first app-
ointed and confirmed after the passage of this ordinance shall se~re for
ter.ms of one (1); two (2), three (3), four ,and five (5) Years.
Thereafter, upon the expiration of their respective terrns, corrw~ssioners
appointed by the Mayor and approved by a majority vote of the City Council
shall each be appointed for a term of five (5) years. In the event of a
vacancy occurring ON the Commission, the Mayor shall'appoint a Commissioner
subject to the approval of a majority vote of the members of the City Coun-
eil, to hold office for the remaL~der of the unexpired term of the person
creating the vacancy" Each <rommissioner shall file the oath requiredJ
in the State of Arkansas for public officials.
SECTION6. REHOVAL OF C01lIvJISSION1~1S. Any Commissioner a ppoint.ed and

confirmed pursuant to the prtivisions of this ordinance may be removed for
cause upon a two-thirds vote of the duly elected and qualified members
of the City Council.
SECTION7" Repealing Claus~.. All Ordinances and parts of ordinances in,

conflict herffi{ith are hereby repealed.
Adop~ed Sept .• 21, 1954
ATTEST:
Recorder, Naomi B9denhamer Wade Lahar

¥;.ayor .
RESOLUTION
A RESOLUTIONBY TrlE CITY COL~CILCONFIRMING THEAPPOIN~~~I OF COMMISSIONERS

TO SERVEON THE MOlJ1-JTAIN
HONEPARKSANDRECREATION COHMISQIO~: SETTING
FORTHTHE TER1VJ:S
OF OFFICES FOR THE INITH.L ~:tEMBERSHIPTHEREOF.AND
DESIGNATII:NG
A CHAIRHAN OF SAID COl.fr{[SSION
•.
BE IT RESOLVED:
That vJhereas, the City Council of the City of }fountain Home, Arkansas,
has duly enacted Ordinance No.. 121 creating a Parks and Recreation Commission
fpr toe City of Mountain Home, Arkansas; and
Whereas, the Y.tayor has duly appointed the following citi:rens of Hountain
Homewho are qualified Electors of said municipality to serve as Commissioner4s;
one of whom he has also appointed to be the Chairman of said Commission, for
the terms set out beside their names as follows:
Lloyd Fisk, who shall serve as: Chairman, of said Cormd.ss Lon and shall
serve for a term of 5 yearse
Bryan Joyce, who shall serve forlYear .•

].fax Nusch , who shall serve for ~ears
Reba Dearmore, ~ho shall serve for -2-Years
Jewell Cooper $ who shall serve for --1± years
Whereas ~he City Council does 1;lhollyapprove of said appo irrtment.s ,
Nbw, Therefore, He It Resolved, ~nat the said appointments made

by the Mayor to said Commission be and the same are hereby in all t.lrings
approved and confirmed.
Adopted Sept. 21, 1954
ATTEST:
Naomi Bodenhamer Wade Lahar

Recorder V.layor
ORDINANCE
NO. 122
An ordinance appropriating the sum of tvlenty-five hundred:' forty dollars

from the Mountain Home, Arkansas water and qewer operation and ma'irrt.enaness
fundTor' purchase of amchinery, storage and handling facilities, necessary-
to flouridate the water sipp'Iy of l-fountain Home; to authorize the injection
of flourine compounds into the city water supply: to refer this ordinance
to the electorate of said city for approval or rejection at the general
election to be held in said city on the 2nd day of November 1954, and for
other purposes •.
SECTIONL There is hereby appropriated from Mountain Home water and

sewer syst.em+s operation and maintenance fund the sum of twenty-five
hundr-ed fort~T dollats, which sum shall be expended for:
(1) The purchase 8..L"1d
installation of machinery and equipment .of'
appropriate design and adaptatrl,e for the use of injecting into the water supply
of the City of HountaL"1 Home, Arkansas, .til.purine compounds of a typee
approved for such use by the Arkansas State Health Department:
(2) The erection of storage facilities for such flourine compounds upon
property now owned by the City of MountaL'1.Home: and
(3) For the purchase of equipment for handling such flourine compounds "
SECTION 2. From and after the effective date of this ordinance and after
the purchase of equipment and facilities for which appropriation is wBde herein,
the entire water supply of the City of M..ouIltain
Home shall be treated with flourm
compounds of such chemical composition, and L'1.such amounts as shall be approved'
or recommended by the Arkansas State Board of Health, for use in public water
supplies .•
SECTION 3. All ordinances and parts of ordL'1.ances in conflict herewith

are hereby repealed .•
SECTION 40 It is further ordained by the City Council of the City of

:MOuntain Home, Arkansas, that this ordinance shall be referred to the people
for approval or rejection, at an election to be held in the City of MOQntairr
Home, on the second day of November, 1954 .•
SECTION 5. An election is hereby called to be held in the City of

MOuntain Home, on the second day of November 1954, at the follow~ng voting
places:
1st v-lard .NE corner- court room
2nd Ward :rn:w corner court room
3rd Ward SW corner court room
4th ~iTard SE eorner- court room
SECTION 6. At such election, there shall be submitted to the electorffi
the approval or rejection of Ordinance No .•122, with the ballots being prepared
in the follovJing form:
An ordinance appropriating the sum of twenty-five hundred forty dollars
dewer- operatiorr.and maintenance
from the MountaL'1 Home, Arkansas, water 8.J.'1d
fund, for purchase of machinery, storage and~handlL'1g facilities, necessary
to flouridate the water supply of MOQntain H me; to authorize the injection of
flourine compounds into the city water supply; to refer this ordinance to the
electorate of said city for approval or rejection at the general election to
be held in said city on the second day of November, 1954, and for other purposes.
For Ordinance Noo 122
AGAINST Ordinance No. 122
SECTION 70 This ordinanceobeing necessary for the promotion and preserva-

tion of the public health, saf'ety, and welfare, shall take effect immedia.tely
upon its passage, provided, however, that if a majority of the electors botins
in the election to be held L'1 the City of Mountain Home, Arkansas, on the second'
day of November 1954, as aforesaid, shall vote to reject this ordinance, this
otrlinanee shall thereupon be repealed and become null and void.
Adopted October 5, 1954.
ATTEST
Naomi Hbdenhamer
City R~co'r'd~r"<.~---
ORDINANCE NO. 123
AN ORDINJUJCE CREATING A.J.Tl.JD

ESTABLISHING A CIVIL DEFENSE AGENCY: PROVIDING
FOR A DIRECTOR THEREOF: GR.AlIJTINGCERTAIN POVJER.S!PRESCRIBING THE DUTIES THEREOF:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, .A..Rl\...A.NSAS.
SECTION 1.. POLICLA-ND PURPOS~...!_ (a) Because of the exi.stIng and Lncr-eas.Ing
possibility of the occurance of disasters of unprecendented size and de-
structiveness resulting from en~ attack, sabotage, or other hostile action,
or from fire, flood, earthquake, or other natural cuases, and in order to insure
that preparations of this City will be adequate to deal with such disasters, an~
generally to pro\~de for the common defense and to protect the public peace,
health, and safety, and to preserve the lives and property of 'the people o~
this City, it is hereby fOllr.dand declared to be necessary; (1) to create a
City Civil Defense Agency. (2) to provide for the renderiIlg of.mutual aid to
other cities~witrdn the State of Arkansas, and those adjoining states, and to
cooperate with the State Government ~nth respect to carr.ying out 6ivil
Defense functions e-
(a) It is further declared to be the purpose of this ordL~ance, and the
policy of this City, that all Civil Defense functions of this City b~
«oordinated to the maximurrlextent ~~th the comparable f1L~ctions of the State
Governrrlentincluding its various departments and agencies, of other cities
and localities, and of private agencies of every type, to the end that the
most effective preparation and use may be made of this City's manpower, re-
sources and facilities for dealing lifithany disaster that may occuro
Cc) It is further declared to be t.he purpose of this and the

policy of this City, to organize its Civil Defense organization 1.'1 conf'ormi.ty-
the Arkansas Civil Def'ense plan as directed by Act 321 of 1953, which
-",rith
is cited as II The Arkansas Civil Defense Act of 1953" e
SECTION 2. DEFINITIONS As used in this ordinance; (a) "C'iv i.L Def'ense"

shall mean the preparation for the carrying out of all emergency functions, other
than functions for repair L'1jurj~and damage resultLDg from disasters caused by
enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake,
or other natural causes. These functions include, ~rithout li.i11itation,fire
fighting services, medical and health services, rescue, engineering, air raim
warning services, cOmnnLlications, rafological, chemical and other special
weapons defense, evacuation of persons from stricken areas, emergency welfare
services ( civilian war aid), emergeney transportation, existi11g or properly
assigned functions of plant protection, temporary restoration of putliioc
utility services, and other functions related to civilian protection, to-
gether with all other activities necessary or incidental to the preparatio~
for the carrying out of the foregoing flU~ctionso
SECTION 3" PO'VJERSOF THE M..l\.YORo

The JYIayorof the City shall be r-esporrs
Ib'l.e
for and have gaeeral direction and control of the Civil Defense of this city"
In addition to the~~Lpowers and duties the :tvfa.yor
now has, he shall have such add--
itional powers granted ~ld conferred by this ordinance not ineonsistent with
other oridnances of this citYe
SECTION 40 DIRECTOR OF CIVIL DEFENSE The Mayor, with the consent of the City
Coun~l, is hereby authorized to appoL11t a Director of Civil Defense, who shall
perform such duties as are imposed upon him by this ordinance, and as are
delegated to him by the ¥layor when not contrary to other ordinances of this:
City"
SECTION 5" DUTY OF DIRECTOR" The Director shall coordinate the activities
of all organizations for Civil Defense within this city and shall maintain
liaison with and cooperate with the Civil Defense agencies and organizations
within the state and with the State Goverrlil'Ilento
SECTION 6.. ADVISORY COUNCIL 0 There is hereby created a Civil Defense

Advisory Council consisting of ------ ~tizens appo~nted by the ¥gyor, who
shall advise the Nayor and the Director on all matters pertaining to Civil
Def'ense s.: The }1ayor shall serve as chairman of the Couned.L, and the members
thereof shall werve without compensatdora,
SECTION 70 DUTIES. (a) In performing his duties under this ordinance, th~
I~yor, or the Director of Civil Defense ",hen such authority is delegated to
him by the 11ayor, is authorized to cooperate with the State Governi'Tlent,with
other cities and counties, and with provate agencies in all matters pertaining
to the Civil Defense of this City and State.
(0) In performing his duties under this ordinance, and to effect its policy
·and purpose, the ¥gyor is further a~1horized and empowered:
(1) To make, amend, and recind the necessary orders, rules, anm
regulations to carry out the provisions of this ordinance within the
limits of the authority conferred upon him herein, with due consider-
ation of the plans of the, State Governmente-
(2) To prepare a comprehensive plan and program for the Civil Der
fense of this cit;)T, such plan and program to be Lnt egr-at.edLnt,o and
coor-dinat.ed with the Civil Defense plans of the State Government, and'
of other cities and counties with;n the State to the fullest extentt.•
(3) In accor-danceswith such plan and program for the Civil Defense
of this city, to institute t.radrringprograms and public information
programs, and to take all other preparatory steps including the partial
or full moBilization of the ~i;ril Defense organization, in advance of
actual disaster, to insure the f'urnd.srringof adequately trained arrlill.
equipped forces of Civil Defense personnel in time of need,..,
(4) To make such studies and surveys of the L~dustries; resources;
and facilities in this city as may be necessary to ascertain the
capabilities of the city for Ci\~l Defense, and to plan for the most
efficient emergency use thereof.
(5) On behalf of this city, to enter into mutual aid arrangements

with other cities and counties withL~ this state, and also with
Civil Defense agenciew or organizations in other states, for re~ip-
rocal Cival Defense aid and assistance in case of disaster too great
to be dealt with unassisted.. Such rmrtua.Iaid arrangements may 1Jre
made sUbject to the approval of the Governor, or of the State Directrorr
of Civil Defense.
(6) To delegate any administrative auth0rity vested in hL~ under

this ordinance, and to provide for the subdelegation of any such
authority e-
(7) To cooperate with the Governor and the Arkansas Office of Civil
Defense and other appropriate State offices and agencies, and with
the Officials ~nd agencies of other cities and counties within the
State, pertaining to the Civil Defense of the State, includL~g the
direction or control of (a) blackouts and practi~ blackouts, air-
raid~ drills, mebilization of Civil Defense forces, and other tests
and exercises; (5) warnings and signals for drills or attacks~ and
the mechanical devic·es to be used :L.'1.
connection therewith; (C) the
ef'f'ect.Lvescr-eening or extinguishing of all Li.ghts: and lightL"'1g
devices and appliances; (d) shutt:L.'1.goff water mains, gas mains,
electric power connections ~~d the suspension of all other utility
service; (e) the condu~t of civilians, and the movement and cessation
of movement of pedestrians and vehicular traffic during, prior and
subsequent to drills or attack; (f) public meetings or gatherings; and
(g) the evacuation and reception of the civilian populatioE.
SECTION 8" HUTUAL AID ARRANGEMENTS
(a) The Director of the organization for Civil Defense may, in colla.
oration w"ith other puhLi,e; and private agencies within this st.ate, develop
or cause to be developed mutual aid arrangements for reciprocal Civil .
Defense aid and assistance in case of disaster too great to be dealt vrith
unassisted. Such arrangements shall be consistent with the State. Civil
Defense plan and program, and in time of emergency it shall be the duty off'
each local organization for Civil Defense to render assistance in accord-
ance w"ith the provisions of such mutual aid arrangements.
(b) The Director of the org~"'1ization for Ci'~-1 Defense may, subject to the
approval of the Governor, ent.errdrrt.o
:mutual aid arrangements with Civil
Defense agencies or organizations in other states for reciprocal Civil D
Defense aid and assistance L"'1'
case of daiaster too great to be dealt with
unassisted"
SECTION 9 APPROPRIATIONS AND AUTHORITY TO ACCRPT SERVICES, GIFTS, GRANTS,

AND LOANS.
(a) WhBBever the State Government or any agency or officer thereof shall
offer to this city, services, e~uipment, supplies, materials, or fun.ds by
way of gifts, grant or loan, for purposes of Civil Defense, the city, acting
through the l~yor may authorize any officer of the city to receiv~
such services, equipment, supplies, materials, or funds, on behalf of this
city, and subject to the terms of the offer and the rules and regulations,
if any, of the agency making the offere
(b) ~fnenever any person, firm, or corporation shall offer to this city
services, equipment, supplies, materials, or funds by way of gifts, gra"'1t
or loan, for purposes of Civil Defense, the city, acting through the l1iyor may
authorize any officer of the city to receive such services, equipment
supplies, materials, or funds on behalf of the city, and subject to the
terms of the offer.
SECTION 10" UTILIZATION OF EXISTING SERVICES .A.NDFACILITIES
In carrJ~g out the provisions of this ordinance, the Mayor is directed to

untilize the services, equipment, supplies, and facilities of existing de-
partments, offices, and agencies of the city, to the maximum extent prac-
ticable, and the officers and personnel of all such departments, offices,
and ageBcies are directed to cooperate with and extend such services and fac-
ilities to the Mayor, and to the Civ-il Defense organizations of the «ity
upon request"
SECTION: 11" POLITICAL ACTI\TITY PROHIBI'P'..J).No organization for Civil

Defense established under the authority of this ordinance shall participate in
any form of political actiVity, nor shall it be employed directly or indirectl;y-
for political purposes"
SECTION 12. CIVIL DEFENSE PERSONli&L. No person shall be employed or associa-

ted in any capacity in the Civil Defense organization of this city, estab-
lished under tr~s ordinance, who adVocates or has advocated a change by force
or violence in the constitutional form of the Goverrunent of the United State$
or of this state, or of this city, or the overthrow of any government in
the United States. b~~ force~'6f'violence, or who has been convicted of or is
under- indictment or Lnformat icn char-gi.ng any subversive act against the
United States. Each person who is appointed to serve in this organization
for Civil Defense shall, before entering upon his duties, take an oath :L.'l
writing, before a person authorized to administer oaths in this state, which
oath shall be substantially as follows:
If I do solemnly swear ( or affirm) that I will

support and defend the Constitution of the United States, and.
the Constitution of the State of Arkansas, against all enemies,
foreign domestic; that I will bear true faith and allegiance to the
same; and I take this obligation freely, without any mental reser-
vation or purpose of evasion; and that I will well and faithfully
discharge the duties upon which I am about to enter.
11And I do further swear' ( or affirm.) that I do not advo cat e , nor

~llI a member of any political party or organization that advoc~tes
the overthrow of the Government. of the United States, or of this
state by force or violence; and that during such tLme as I am a
member of the Mtn. Home Civil Defense Agency, Hountain Home, Arkansas
I ,fill not advocate nor become a member of any political party or
organization that advocated the overtr~ow of the Goverrill(entof
the United States, or of this State, by force or violencell
SECTION 13. This ordinance shall not pe deemed to repeal any existing
ordinances on this subject, but shall be cumulative thereto.
SECTION 140 SE\~~BILITYo If any provisions of this ordina't1ceor the appli-

cation thereof to any person or circumstance is held invalia, such validity
shall not affect other provisions or applications of the ordinance which
can be given effect without the invalid provision or application, and to this
end the provisions of this ord~nance are declared to be severablee•
SECTION 15.. ENFORCEMENT. It shall be the duty of the organization for Civil
Defense established pursuant to this ordinance, and of the officers thereof,
to execute and enforce such orders, rul~s, and regulations, as may be made
by the !~yor under authority of this ordinance. Such organization! shall have
available for inspection at its office all orders, rules, and regulation~
made by the Vayor, or under his authority.
SECTION 16. This ordinance shall become effective immediately upon its
passage and approval by the !v1ayorof the City of }iountain Homeo.
PASSED
JANUARY 4. 1955 APPROVED Wade La.har

l-iayor
ATTEST
Naomi Bodenhamer
Recorder
ORDIR~NCE NO. 124
AN ORDINANCE TO DEFINE Th'E EFFECTIVE PERIOD OF BUILDING PEPJ-ITTSGRA.NTED

BY THE CITY COUNCIL OF THE CITY OF MOU1JTAIN HOl1E, ARKIUJSAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOHE; ARKANSAS"
SECTION 10 That all building permits issued by the City of Mountain Home:,
Arkansas more t han sixty (60) days prior to the passage of this Ordinance
and under which buildLng perrr&ts no construction has been commenced by the
holder thereof, are hereby revoked and made hUli and void.
SECTlotJ 2. All building permits hereafter issued by the City of Mountain!

Horne, Arkansas shall be ~alid for a period of sixty (60) days qnd shall
become null and void sixty (60) days after issuance, unless the construction
authorized by such buildL~g permit shall have been commenced by the holder
of such permit withL'l.said sixty (60) day period e "
- Se'~ OAd. /';;9
SECTION 3. It shall be un~awful for any person to erect or cause to be
erected within the City of Mountain Home, Arkansas any building or other-
edifice for which a buildL~g permit is required under ordinances now in
effect~ unless and until such person shall have obtained a building perrrdt
and wlri.ch shall be valid under the ru Les her-e-inabove set out.
APPROVED: April 4, 1955
vfade Lahar
1-'IAYOR
ATTEST
Naomi Bodenhamer
Recorder
ORDINANCE NO. 125
an 6rdinance calling a special election in the city of MOUNTAIN HO}iE,

ARKANSAS, T9 submit to the electors of said City the question off issuing
Bonds for the purpose of Improving a PuThlie;Par-k, including but not limited
-thereto, by eonstructing a swimming Pool, and declaring an emergency"
WH:EREAS, the City of MountaLn Home, Arkansas, does not have a municipal
sW~Lg pool, but it is the judgment of the members of the City Council
that a municipal sw~g pool would promote the health and pleasure of the
iiJ.habitantsof the City, and by affording an opportunity for safe swimming
would protect the lives of the boys and girls of the City; and
v~~S, the City does not have the money to build such a pool,
the estimated cost of which is $60.000. but it can secure the funds by issuing
bonds under the authority of Amendment fJo• 13 to the Constitution of th<!!S
State of Arkansas; now, therfore,
BE IT ORDAINED by the City Council of the Ci t;;r of Mountain Home,

Arkansas:
SECTION 1" That a special election is hereby called to be held Ln said

City on'the 12th day of July, 1955, for the purpose of voting upon th~
question of issuing $60,000 in improvement bonds dated as of June 1, 1955,
for the purpose of imprmring a public park, Lnc.Iud.irig but not limited
thereto, by constructing a swirrmLng pool, said bonds to bear Lnterest at a
rate not to exceed thPee'cand one-fourth per centum ( 33 1/4%) -per annum
but convertible to a lower" rate of interest upon such terms that the City
will receive no less and pay no more than it would receive or pay if the bonds
were not converted, and said bonds to mature on December 1 of each year as
follows:
$ 500 in 1958 to 1969, inclusive
1000 Ln 1970 to 1979, Lnc Iu s i.ves
1500 in 1980 to 1985, inclusive
2000 in 1986 and 1987
31,000 in 1988
SECTION 2.. The ballot for said election shall be in su'fustantially

the following forrrL:
BALLOT
~pecial Election
City of Mountain Home, Ar-kansaa
July 12th, 1955-
--,-,--- -
Vote by placing an 1IX" .in the square above the measure either
, ._-----
for 9F~.,gainst _~ _~ ..~ ~ ~
For the issue of bonds in the amount of $60,000 c e e 0 e e ...
Against the issue of bonds in the amount of $60,000 • • 0
The bonds will be issued for the,purpose of improving a public park,

including but not limited thereto, by constructing a swiIDffingpool, They
w-ill bear interest at a rate not to exceed 3!% per annum but will be con-
vertible to a lower rate of interest upon such terms that the City will
receive no less and pay no more than it would receive &~d pay if the bonds
were not converted, and will mature serial~T on December 1 of the years
1958 to 1988, inclusive, but callable for payment prior to maturity at the
City's option e
SECTION 3. Said election shall be ehld and conducted and the vote
thereof canvassed and the result declared under the law and in the manner
now provided for municipal elections, so far as the same may be applicable,
and the Mayor oaf the City of Mountain Home is hereby authorized and directed
to give notice of such election by an advertisement published weekly, once
a week, for four times in THE BAXTER EI.iT,I,ETIN,
a newspaper published in the
City of Mountain Home and having a bonafide circulation in said City, the
last publication to be not less than ten days prior to the date of said
election, and only qualified boters of the City of Mountain Home shall have
the right to vote at said election.
SECTION 40 The result of said election shall be proclaimed by the

Mayor and his proclamation shall be published one time in said newspaper,
and the result of said election as proclaimed by the JYIayorshall be
conclusive unless attacked in the courts w-ithin thirty days after the
date of such proclamation .•
SECTION 5. In anticipation that the electors of the City of Mountain,

Home will favor the bond issue, and i.11.
order to hasten the beginning of
the proposed construction, the IYByor and City Recorder are authorizedan~
directed to advertise, according to the terms of said Amendment No. 13,
the public sale of the. proposed bond issue, the form, time and place to be
fixed by t hem, and in' said notice they shall provide that the buyer may have
the right to convert the bonds to qonds bearing a lower rate of interest,
upon such terms that the Cit;ywill receive no less and pay no more than it
would receive and pay if the bonds were not converted; that the buyer may
depignate the trustee and place of payment of the issue; and that the bonds
vr-Lll be callable for pa~cment prior to maturity in inverse numerical order
at par and accrued interest, as follows: From surplus revenues derived]
from the special tax levied for their payment or from proceeds of the bond
sale remaining when construction has been completed, on any interest pay-'.l-lls
date.; from funds from any source,'on any interest payingdate on and after
December 1, 1960"
SECTION 6" That a copy of this ordinance be given to the Baxter County
Sheriff in order that he may post and publish his proclama~ion of said
election, and that copy be given to the Baxter County Boar-d of.Election
Commissioners so that they may provide the proper election officials &~d
supplies"
SECTIO~ 7. It is hereby ascertained and declared that there is an

~~ediate and urgent need for the acquisition and construction of a municipal
swirr~.ingpool for the City of Mountain Home in order to protect the health,
lives and property of its inhabitants, and that therefore an emergency e
exists and this ordinance is necessary for the preservation of the public
peace , health and safety,' and shall be i.'1.
force and take effect immediately
upon and after its passage"
Passed: June 7, 1955

APPROVED: WADE LAB.AR
NAYOR
AIT'TEST
Naomi Bodenhamer
City Recorder
CERTIFICATE"-'.··.·""-.,=
·_""""'-'e· ••'c·.-,..
~ - ~ ~
I~ the undersigned, City Recorder of Mountain Home, Arkansas,
~ere~y,certify, the,f9regoing to be a true copy of an ordinance passed
by the City Council at a regular meet ing , duly called and constituted,
at which more th~~ two-thirds of the members-elect of the Council were p
present and voted for the ordinance"
CERTIFIED under my hand and the seal of said City, this 7th
day of June, 1955.
NAma BODEN~~_~". _. _
(SEAL) CITY RECORDER
ORDINANCE NO. 126
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF BONDS FOR THE PURPOSE

OF IMPROVTIifGA PUBLIC PARK, INCLUDING BUT NOT LTIlITED THERETO, BY CON*
STRUCTING A SVv'TI1J:.lING
POOL: LEVYING A TAX SUFFICIENT TO APY THE PRn::rCIPAL
AND INTEREST OF SAID BONDS; AND DECLARING AN ~·~GENCY.
1rlHEREAS,by crd.inance duly passed on June 7, 1955, there was=;submitted
to the qualified electors of the City of Mountain'Home, Arkansas, the question
of whether it should issue bonds to the amount of $60,000 for the purpose of
improving a public park, including but not Linri.t.ed thereto s by constructing
a sv~g pool, said bonds to bear interest at a rate not to exceed 3i% per
annum; and
WHEP~S, due notice of the election was given as requ~red by law and said
election was duly held on July 12, 1955, at which election 329 votes were cast
for the issue of bonds and 96 votes were cast against the issue of bonds; and
vvtiEREAS,the result of the election was announced by the Mayor by ~

proclamation issued on July 16, and duly published in THE B~\T~R BULLETIN,
A newspaper havL~g a bonafide circulation in said City; an~
~nrrREAS, the City of Mountain Home, at a public sale held at 1:00
P.l-fo on August 5, 1955, Ln the City Council Charnber -in Mow.tam Home, -
after mor-e than twenty days advertisement in s aid paper, contracted to sell
W
the bonds to We R. Stephens Investment Company, In~., of Little Rock,

Arkansas, who submitted the hest and highest bid for said bOhds, being a
..
prlce or~ par ana, accrue d ll1
. t eres t lor
- ~1 of, Don ds, p~us
5~ 1 t'De COS0.•.or~prlriGlng
..•..
and certifying the bonds and the approv:Lng attorneys' fees; ~n~
~mlliD~.S,the buyer of said bonds has elected to name Commercial

National Bank of Little Rock, Arkansas, as Trustee the pay:L~g agent, and has
elected to convert the bonds to $69,000 in bonds bearing interest and
maturing as hereinafter set out, which the Councd.L finds is vQthin. the:
terms of the sale notice; now, therefore,
BE IT ORD..A.II\TED
by the City Council of the City of MountaL.~ Home,
Arkansas!
SECTION 10 That the slae of the bonds to W. R. Stephens Investmen~

Company Ineo of Little Rock, Arkansas, and the GOnversion of the:bond$ to
a lower interest rate, are hereby approved and confirmed~
SECTION 20 That the ~~vor and Citv Recorder and herebv authorized &nd
directed to execute the Park ImprovementUBonds of this City;U dated Jm1e 1,
1955, and maturing on December 1 of each year as follows~
Y'E.A.R BOND NOS. AHOUNT
1958 1 $1000
1959 2 1000
1960 J 1000
1961 4 1000
1962' 5 1000
1963 6 1000
196# 7 ,1000
1965 8 1000-
1966 9 $ 1000
1967 10 1000
1968 11 1000
1969 12 1600
1970 13 1000
1971 14 1000
1972 15 1000
1973 16 '1000
1974 17 and 18 1500
1975 19 and 20 1500
1976 21 and 22 1500
1977 23 and 2# 1500
1978 25 and 26 1500
1979 27 and 28 1500
1980 29 and 30 1500
1981 31 and 32 1500
1982 33 and 34c 1500
1983 35 and 36 1500
1984 37 and 38~ 150.9-_
1985; 39 and 40 1500
1986 41 and 42 2000
1987 43 and 44 2000
1988 45 to 75, incl .• 31,000
'Ehe bonds shall of $1000 eaeh, except ~OS3 ••
be in the denomination
18, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38, and 40, which shall be in
the denowination of $500 each. The bonds shall bear interest paya~le
serni-armually at the rate of 2 1/2% per annum, and shall bee ca.l.Labil,eas
hereinafter set out •.
SECTION3.. Said Rands shall be .in subst.arrt i.a.Ll.y the follow'ing form:
UNITEDSTATESOF .AJ-1ERICA
STATEOF ARKANSAS
CITY OF MOUNTAINHOl1E
COlJNTYOF BAXTER
2t( Park Improvement Bond
KNOW
ALLlvlENBY THESEPRESENTS:
That the City of Mountain Horne, in the County of Baxter, State

of Arkansas, acknowledges itself to owe aTld for value recei~d prom;ses
to pay to bearer the sum of
DOLLARS
-------------
in la-wful money of the United States of Amer-Lca , on the first day of
December, 19 , with ;nterest thereon from t~e first day of June, 1955,
at the rate of two and one-half per centum (2i;%) per annum until paid,
interest payable semi-annually on the first day of dune and Decerr~er
of each year, cow~encing December 1, 1955, on presentation and surrender
of the annexed coupons as they severally mature" Bbth the principal andi
interest of this bond are hereby made payable at the office of the Union
National Bank of Little Rock, Arkansas G<
Th1.Sis one of a series of bonds aggregating Sh2ty-nine 'rhousandl

Dollars ($69,000), all of like tenor and effect except as to number,
denomination, and maturity, numbered from One (1) to Seventy-five (75),
inclusive, issued for the purpose of .impr-cvanga public park, including'
out not limited thereto, by constructing a swimming pool, and the City
hereby warrants and covenants that Ln the issuing of t.hi.s bond it has
pre~eeded L, accordance with the provisions of AmenilillentNo. 13 to the
Constitution of the State of Arkansas, and i.Tl accordance with the laws of
said State, under ordinances of the City Council of said City and in purr-
suance of an election duly held at which the majority of the legal voters
of said City vot.Lng on the question iroted in favor of the issue of the
said bonda; that all things necessary to the validity of this bondi under
the laws of the State of Arkansas, and particularly under- said amendmentt
to its Constitution, have been done, have happened and have been performedi
1.,."'1 due time, form and manner as required by law and by said Amendment,Wo.,
13; that a tax sufficient to pay the bonds aforesaid has been duly levied
in accordance with said constitutional amendment and made paya11r.leannually
until all of said bonds and interest thereon have been fully paid and disch-
arged; and that the indebtedness represented by this bond and the issue of
which it fOFms a part does not exceed any constitutional or statutory
limitation" .
For the prompt paJ~ent of this bond issue and the interest thereon,
the said City of Mountain Home hereby pledges its full faith, credit, and
taxing power, including the five mill special tax authorized by sairo
Amendment No. 13 Q
The City has agreed that out of the revenue derived from the special
tax whi.ch it has bevied and which is authorized by Amendment No. 15 to the
Constitutio~ of the State of Arkansas, it ~ll first set up a reserve of
$500, and that any surplus after the reserve has been set up must be used
to call the .bonds of this issue for payment prior to mat.ur-Lty., All of'
the bonds of this issue are callable ·for payment prior to maturity Ln
inverse numerical order at par and acc~Jed interest, as follows: From
surplu~ revenues derived from the special tax levied for their payment or
from proceeds of the bond sale remaining when constructron has been completed,
on a~~ interest paying date; from funds from any source, on any Lnterest
paying date on and after December 1, ~960$ In the event the City ~all
call bonds for payment prior to maturity, it shall pUblish notice of such
emll once a week for two weeks in some newspaper of general circulation
throughout the State of "Arkansas, the first publication to be not less
than fifteen days pri-or to the date fixed for redemption, and the notice
.shall give the number and maturity of each .bond being ca Ll.ed , ,All.BondS"
so called shall cease to bear interest after the date fixed for their
r-edemptd.om, provided the funds for their payment are on deposit with the
paying agent ~t the t ime,
This bond shall not be valid Qntil authenticated by the certificate

hereon of the Union National Bank of Little Rock, Arkansas"
IN WI,TNESS W'dEREOF, the City of Mountain Home, Arkansas, has executed

this bond by the hands of its ~yor and City Recorder and attested it ~th
its corporate seal, and has caused the coupons hereto attached to be
authenticated by the facsimile signature of its Mayor, as of the first
day of June, 19550
CITY OF MO tJNTAIN HONE, A...11.KA.t"JSAS
(SEAL)
AT-TEST:
City Recorder
To each of said bonds shall be attached coupons for the s~~i-annual

interest Ln the follo"Iing form:
COUPON:
No. $_--
June
On the first day ~f December, 19 , Q~less the bond to which
this coupon is attached is paid prior thereto, the City of Mountain
Home, Arkansas, promises to pay. to bearer DOLLARS in
lal{ful money of the United States of America, at the office of the
Union National. Bank of Little Rock, Arkansas, being six months W
interest then due on its park improvement bond dated June 1, 1955,
and number-ed .
CITY OF MOUNTAIN HO:tcm,ARKANSAS
BY
------,,------------
:M"..ayor
( All coupons shall be for six months r Lrrt er-est , The signature
of the Mayor on the coupons may be lithographed or engraved .•)
Each bond sha Ll.r be authenticated b;)r the Trustee, as f'o lLows e
TRUSTEE'S CEHTIFICATE
~~e Union National ~~k of Little Rock, Arkansas, hereby ~ertifie~

that this is one of the 75 park irr~ro\~ment bonds aggregating $69,000
described herein.
UNION NATIONAL BANK
OF LITTLE ROCK, ARKANSAS, Trustee
Authorized Signature
Little~Rock, Arkansas
SECTION 4. The }~yor and City Recorder are hereby authorized

and directed, when they have executed said bonds and have had them duly
certified, to deliver them to the purchaser upon receipt of the full
purchase price, and the proceeds of said bonds shall be"used for no
purpose except the purpose for which voted.
SECTION 5. In order to pay the said bonds .at, t.hey mature, \vith
interest thereon, there is hereby levied upon all taxable real and
personal property ,'fithinthe City of l10untain Home, Arkansas, a ta:zr
of five mills on each dollar of assessed valuation, beg.inrring with
the taxes -collected in the year 1956 and continuing a~'1ually as
long thereafter as may be necessary in order to pay the bonds and interest
authorized By this ordi:aance, oeing a sum sufficient to"meet saiili
bonds and L'1terest as they mature with five percentum added for unfore-
seen contingencies; and the City Recorder is directed to transmit a copy of
this ordL'1ance to the County Clerk of Baxter County, Arkansas, to th~
end' that said tax may be extended on the tax books of said county andi
~collected a~'1ually along ~dth the other taxes until the said bonds and
L'1terest thereon are paid in full. The City agrees that all of the revenues
from the tax levied for these bonds shall be put L'1a separate fund known I
as If Bend and Interest Fundi" and shall be used solely for t.he, payment
of the bonds and interest of this issue, as set out in this ordinance"
Any surplus from year to year shall be kept and accumulated until the City
has on hand a surplus of $500 over and above the current principal and h'1-
terest requirements of this issueo Any revenues over and above this $500
surplus must be used to c~ the bonds of this issue for payment prior
to maturity in inverse numerical order, except that the City will not
be required to call bonds for partial payment.
SECTION6" In order to pay said bonds, vvith interest thereon, as they

mature, there are hereby appropriated out of the proceeds of the tax
hereby levied, and if such proceeds be not sufficient, then out oflthe
general revenues of the City, the follOi'fingsums to' pay the pr inc'Lpa.L
and L'1terest of said bonds as they mature:
YEAR PRINCI1"'AL INTE..B.EST TOTAL

Deer•.1 of June 1 & Dec. 1
Each Ye~"" 0.. of Each Year:-
1955 $ $ $862,,50 $ 862.50

1956 862.50 862.50 1,725.00
1957 862.50 862.50 1,725.00
1958 1,000000 862.50 862.50 2 .•
725.00
1959 1,000.00 850.00 850.00 2,700,,00
1960 1,000.00 837.50 2,675.00
837050
1961 1,000.00 825,,00 825 .•
00 2,650.00
-1962 1,000.00 812.50 2,6~~.00
812.50
1963 1,000.00 809,,00 800.00 2,600.00
1964 1,000.00 787.50 787.50 2,575.00
1965 1,000.00 775.00 775.00 2.550.00
- 1966 1,000.00 762.50 762.50 2,525.00
1967 1,000.00 750.00 750.00 2,500.00
1968 1,000.00 737.50 737.50 2.',475.00
1969 1,000.00 725.00 2,J+50.00
725.00
1970 1,000.00 712.50 712.50 2,425.00
1971 1,000000 700.00 700,,00 2,400.00
1972' 1,000.00 687.50 687.50 2,375.00
1973 1,000.00 675.00 .675.00 2,350.00
1974 1,500.00 662.50 662.50 2,825.00
19757 1,500.00 643.753 643.75 2,787.50
1976 1,500,,00 625 .•
00 625.00 2,750.00
1977 1,500.00 606.25 606.25 2,712.50
1978 1,500.00 587.50 587.50 2,675000
1979 1,500.00 568.75 568.75 ? 61'7
=» -' 50 i 0-
1980 1,500.00 550 00

0 550.00 2,600 00 0
1981 1,500.00 531.25 ~?l

'/-,-J_U
?!:f
_.",:.-
?
......
t;F--?
J./v~O/·-...,I
r::n
1982 1,500,,00 512.50 5J_20 5C p
'l) ~_rr-
-.!b.J--'-;;~U.J
r"'\,r"\
,_ ••..•. 7"'<--
1983 1,500,,00 493 •.
75 4~;;$()~' .50
1984 1,500.00 475,,00 475000 00
1985 1,500.00 456.25
' •••
4)O.<~J
/ r'I,-
,2,,;jl1?,50
1986 2,000,,00 437.50 437.50 2,675000
1987 2,000,,00 412.50 412.50 2;,8'25000
1 '"'KK
~'1~~ 31,000,,00 387,,50 387,50 31,775,,00
v
SECTION 70 The Tr-easur-er- of t118 Cit:r of 1~olJ.Y1tairl HOme is- hereby
ordered and directed to remit to the paying agent, not later than five
SECTION 80 'L'heCity agrees to deposit the proceeds of the sale as;

fo.l Lows e The accrued interest shall be paid'into the Bond and Interest
Fund, as hereL~above defined, and the balance received from the sale of th~
bonds shall be deposited in a separate fund to be known as the fI Construction
Fund'", to be used solely for the payment, of the cost of construction plus'
the expenses of the bond issue.
The City agrees to require from"the depository bank in which the

Construction Fund is placed, security for all of the deposit over th~
the $10,000 'insured by the Federal Deposit Insurance Corporation, and:
such security shall be either in the form of a corporate surety bond or
in the form of government bonds escr-owed wi.t h some other bank, with the
right in the depository to withdraw bonds from the escrow as the Construction
Flhnd is withdrawn by the City. .
SECTION< 9. Ebth the BOnd and Interest Fund and the Construction
Fund shall be deposited Tn one or more banks holdli~g membership ;n the
Federal Deposit Insurance Corporation. Vouchers upon either fund must
be signed by two duly authorized persons '"
SECTION 10 If default is made and contlilues for thirty days

0
in the pa~nent of any interest coupon, the holder of the bond to which
it is attached may declare the same immediately due and payable, and
the failure of the holder to exercise tl-'d.s
option upon any default shall
not be a waiver of his right to exercise the option upon any subsequen~
de.fau.Lt ;
SECTION 110 Tne bonds of this issue shall be callable for

payment; pr-Lor- to maturity accor-d.ing to the terms set out 1...1'1 the face
thereof.
SECTIO~ 12$ The Union ~ational Bank of'Little Rock, Arkansas, is

de9ignated ~s Trustee, aut~orized to act for'and on behalf of the bondhoJ.ders
but it shal~ be responsible only for wilful v~ong in the execution Df its
trust, and the recitals of·fact contained herei.n and in the bonds them-
selves ( except the Trusteets Certificate) are statements made by the
City and not by the Trustee. The Trustee shall not be required to take
notice of any default or to take any action hereunder lli~ti1it shall have
be~n notifi~d in writing of said default and'inderruLified to its satisfac-
tion against any loss, expense or cost that it may L~cur by taking action.
The holders. of a majority in value of the outstanding bonds; at any t ime
may, by an ~strurrLent duly executed and recorded in the office of th~
City Record~r, appoint a new Trustee, who shall have all of the powers
of the Trustee originally narned, and the Truttee herein named may~esi~
at any time. upon ten days to notice in -writing'mailed to the City R~cordero
SECTION 130 The terms of this ordL1'lanceshall constitute a contract

between the. City of Mountain Home and the holders of the bonds herein
authorized, and no variation or change Ln the undertakings herein set out
shall be am~e while any o~ these bonds are outstanding, eECept with the
written conpent of the holders of all of said outstanding bonds, and the
hold err-of any bond may at any time, for and on his o-wn behalf, or the-
TYliste~may, for and on behalf of all the bondholders, enforce the obliga-
tions of the City by a proper suit for that purpose.
SECTION 14. The provisiops of trds ordinance are separable, and In

the event any section or part of section shall be held to be invalid, such
invalidity shall not affect the remaL~der of the ordinance.
SECTION 15. It is hereby ascertained and declared that there is an

irrmediate and urgent need for the improvement of a public park for the
City of 110UJ.ltain
Home, mclliding but not limited thereto, by constructing-
a swirr®ing pool, in order to protect the health and property of the City's:
inhabitants; therefore, an emergency exists: and this ordinance, be ing
necessary for the preservation of the public peace, health and safety,
shall be in force and take effect immediately UpOIllJ
and after its passage e
Passed: August 17th , 1955.

APPROVED: TV'Jade
Lahar
Mayor
Attest!
Naomi Bodenhamer
Cit;r Recorder
CERTIFICATE
I, the undersigned, City Recorder of the City of Mountain Home,

Arkansas, hereby certify the foregoL~g to be a true copy of an ordiaanrre
passed by the Cit;)TCouncil at a duly called and constituted meeting at:
which more than two-thirds of the total nUJ.~berof members-elect of th~
Couneil were prexent and voted for said ordinance, which is now of
record in Ord.inenee Hook No , s page , of the
records of said City.
CERTIFIED under my hand and the seal of said City, this 17th
day of August, 1955.
Naomi Bodenhamer
(Seal) City R~corder
Re.pelOi
BE IT-ORDAINEP BY
That Section 1 of Or-dInance No. III of the C· Y of l~ountain

be, and the same is hereby, amended to read ~s follows:
liSECTION 1., The 'I'e'Lephone Company shall pay to t City each yearr
co~~encing with th effective date of this ordinance payable quarterly in
advance, an amount e •.al to two per=cerrtum (2%) of the preceding calendar
year's gross twlwphone .l: evenue, excluding long Lst.ance service revenue
and 1tiesternUnion revenue, as paid to the Tel phone Company for teler,hone
service supplied by the Com ny by the use~ facilities located within
the corporate limits of Hounta' n Home Arkansi:1s" Long distance and vJestern
re'Ven~es-are-.t;hQse-:Jr~venu. .ed::£r0I!ius,~.,O:lD f'acilities o1l,'at.side
corpo~at~ i:L~its of
th~'C:tty 0 .o~ntai11 Home, :o~med by' persons ~'o;'-
corporations, other t.han the Mount :L.~ r me Telephone Company, and for wh Lch use
+,
ren t or or.ner- compensa t'"aon lS Jl l d' oy.1·1\ .nt.aan
". .•~'TIemr e1epnone
H h ,..,
company,
~a~.lent sha.l.L be made by t~0elephone ComRan:r to the City in equal quarterly
lns~allmentse ~~
'"~
disch~~~~ i?y;Y~i'i~-tTgl-
l!hOlsrgne~Jl~H~; d
8f aff :t£eg;Ig~--@e~; 8RKP~~~;ffi:;pt}~s1j8R~~
or taxes ( other t:an motor vehicle license fees, sp cial millage taxes, and
general ad valA.eID.taxes) which are now and might in t' -.futUre be imposed
by the City· der aut hor-Lt.y conferr-ed upon the City by la- II
SE .LON 2" Except as hereinablve provided, Ordinance No. 11 of the

~~~.J.' Hounta~'1 Home, Arkansas shall remain wlchanged and in fu~l force
;:~ ~~fect.
- Approved ~his 20th day of January 1953"
OHDINANCE
NO. 127
AN OHDINANCECLASSIFYINGANDDEFININGTRADES,BUSINESSES, PHOFESSIONS,
VOCATIONSANDCAlLINGS, ANDFIXING THEAMOUNT OF LICENSEANYPERSON,FIRM,
OR CORPORATIONSHALLPAYFOH THE PHIVILEGEOF ENGAGING IN, CARRYING
ON, OR
- FOlLO!rHNG
ANYSUCHTRADE,BUSINESS, PROFESSION,VOCATION,OR CALLINGvJITHIN
THE CORPORATELIMITS·OF THE CITY OF MOUNTAIN
HOME,BAXTERCOUNTY,ARKANSAS,
ANDPROVIDINGTHEMANNER ANDMEANSOF COLLECTING SAID LICENSEANDPRESCHIBING
PENALTIESFOR VIOLATIONOF THIS OHDINA..~CEo
BE IT ORDAIl-J"ED BY THE COUNCILOF THE CITY OF MOUNTAIN HOME,BAXTERCOUNTY,

AREJ.JrSAS,IN REGulWUl SESSIONASSEMBLED:
/)mel'k;/ed L OAd.~. -
gEGTION' ONi: 'lnat any p~rson, firm or corporation engaged in any of the
trades, businesses, or professions hereinafter named, within the City Li1l1its;
of the City of Mountain Home, Baxter County, Arkansas, on the 1st day of
Januar-y of any year shall procure f'r-om the City Recorder of said. City for
each such trades, businesses, or professi6ns engaged in, an occupation
,license, which shall be for a period of one year beginning on said 1st day
of -January and expiring on the last day of December of the following year-,
the price of any such license which is not procured by the 1st day of
February following said 1st day of January whall be subject to a penalty
of 20% in addition to the price hereinafter set out in Section 3 of this;
ordinance; that any such person, finn, or corporation who faila to procure
said license by the 1st day of l1arch following said 1st day of January shall
be guilty of a misdemeanor and, upon conviction thereof in the Justice of
the Peace Court of said City, shall be fined in any sum less than $1.0'0
nor more than $50,,00, and each and every day of such shall be
considered a separate offense.
SECTIONTwO: That any person, firm or corporation, on beginning to engage

in any of the trades, businesses, or profe"§sions, hereinafter named, within
the City Limits of said City, shall procure from the City Recorder of sai~
City, for each of such trades, businesses, or professions e:n.gaged in, am;
occupation license, which shall be for a period begiP..ningonthedate of
beginning to engage in said trades, businesses, or professions and expiring::
on the last day of the next December; that the price of any sueh license
shall be subject to a deduction from the price hereina:rterset of 25%
for each complete 3 months period from the precedingiJanuary to the date on
.m.ch said person, finn or corporation begins to engage insaid.tttade,
business or profession; that the price of any such lic.ense>whichis not prliJtlo
cured j by the date one calendar months from the dat e. on which said person,
firm or corporation begins to engage in said trade, business or profession,
shall be subject to a penalty of 20% in addition to the pricel'l.ereinafter set
out in Section 3 of this Ordinance; that any such person, firm or corporation
who fails to procure said license by the date of two ca'Lendar- months from
the date on which such persoh, firm or corporation begins to engage in ~aioc
trade, business or profession sha.I'L be guilty of a misdemeanor and, UpOl1J
conviction thereof in the Justice of the Peace Court of said· City shall be
fined in any sum not less than $1.00 and not mDre than %50.00, and each an~
every day of such vuilation shall be considered a separate offense"
'JJhat the trades, businesses and professions for which occup-

licenses must be obtained when said trades, businesses, and prlGJlfessions;
are engaged in within the City Limits of said Cityanciithe/prices of saiGi
licenses when there are no deductions IGJlrpenal'iiesasprovided for in this
Ordinance, shall be as indicated below; that a person,' f;i:rm or corporation:.
engaging in more than one of the trades, busdnes ses :and professions named
bellGJlwshall procure an occupation license for of said trades,
businesses or professions which carried the highest . a single f~
or corporation shall be reuqired to ppocure only license
for each trade, business or profession named below in by E'said:
firm or corporation, regardless of the number of people in said
unless it is otherwise indicated
Abstractors $20,,00
Upholstery Shop $20 ••00
Lunch Counter $20,,00
Feed Stores $20 .•00
Service Stations $20,,00
Contractors $20~OO .-/
Plumbers $20000
Electricians $20~00
Root Beer and Ice Cream Stands $20 .•00
Barber Shops $20',,00
Courts with less than six. units $20 .•00
Manufacturing or processing Pliant
employing up to and inc~uding 5 people $20aCO
-,
Gift Shop _ $20 •.
00
Photo Studios $20,,00
Cab Company $20 •.
00
Paint Stores $20~00
Florist $20,,00
Ant-iques $20 •.
00
Ice, and Locker Plants $20.00
Laundries $20 .•
00
Rad;io Repair $20~OO
Recapping Plant $20 .•
00
Junk Dealers $20 .•
00
Monument Works $20.00
Cabinet :V~kers $20,,00
Outboard Motor Repairs $20 .•
00
Comnetic Sales $20,,00
Accountants $20 .•
00
Land and Gravel Haulers $20 ••
00
Credit Bureaus $20,,00
-::~-o"ooAnnR§!.l_Fee
Manufacturing or processing plants
employing 6 to 10 persons $40 •.
00
l{arine equipment sales and repair $40,,00
Wholesalers $40 e ?0 -
Tourist courts having from 6 to 12 units $40"OO~
Cleaning, pressing, dr~~eleaning and

laundries .(except
- self service) -/
Restaurants, cafes, cafeterias,

(not to include diners or lunchrooms)
Hotels, apartments or rooming houses

with 8 ~T more rental units $40 .•
00 /
Insurance agency or office, or agent $40 .•

00
Real estate agency or office or broker
Medical or de'htal cLirri.e
Groce~ stores operated as self service

super-markets (not neighborhood groceries) $40.00
Plumbing and electrical shops $40,,00
- Variety stores,.cLot.hang stores, shoe

st_ores, gift shops, drygood stores
Sport stores
. ,
Doctors, lawyers, dentists, ~ptometrist~/
~- chiropractors) o
$60,,00 Annual Fee
Drug stores $60,,00
Newspaper publishers $60 •.

00
Funeral homes $60,,00
Hospitals $60,,00
.-'.---- .-.~
Ha.rdware,))not
--.-" ..• --~-- ~ .-
~.----
including building material
..
..- .. -
$60,,00
Manufacturing or processing plants emplo;y"i.ng

11 to 25 persons $60.00
T-ourist courts having from 13 to 20 units

$80.00 Annual Fee
D
B~nks G~ building and IGans and lending agencies $80 •.
00
Theatre& $80 e 00
Automobile agency - $80.00

&v-clL
Lumber and building material dealers $80.00 - (CD 60
Furniture dealer, new, or new and used cGrnbined $80 e 00
Butane and propane gas dea1er~ $80 .•

00
Public utilities not covered elsewhere in

ordinances $80 •.
00
Manufacturing or processing plants employing

26 or more persons $80 •.
00
'llOuristcourts having 21 or more units $80 e 00
Pool halls or places of amusement ~hoo..oo

That any such person, firm, or corporation who fails tG prGcure
an Gccupation"license fGr each of such trades, businesses, or professions,
either for the period and at the price set out above in this Section on
the first day of engaging in said trade, business, or profession shall
be guilty of a misdeameanor and, upon conviction thereof in the Justice
of the Peace Cour-t,of said City, shall be £$ned in any sum not less than
$1 •.
00 nor more than $50 00,
0 and each and every day of such violation shall
be considered a separate offense.. ~
SECTION FOUR: That when the building, shed or vehicle in which a person,
firm or corporation has been engaging in any of the trades, businesses,
'Gr prGfessions hereinbefore named and the stock of merchaQdise, if any,

is transferred to assigned to &~other person, firm or corporation for
use in engaging in the same trade, business or professiGn, the occupatio~
license in for~e at the time of the transfer or assignment may be trans-
ferred to the new owner if the parties to said transfer or assignment
os desire; that said transfer shall be by means of a written assigtlmen1:t
of said license, signed by the former owner of said licenseia.."1d placed.
on or attached to said license, and by notifying the Recorder of ..said City
IJ>fsaid transfer in order that he may adjust his records accordingly.
SECTION FIVE: Any business, profession or eccupat.Lon jiof specificallY

mentioned in this ,rdinance shall be charged at the rate of $20.00 per yearo
Amel7ded h V t:/.Rd.IJd· /3/
sa¥uon DE{: All of the above fees may be apid in s emf.annua.L installments=.
with one-half of said fee to be paid on January. I and the balance to be
paid on or before July 1 of each year. If any person, firm or corporation
should fail to pay the installment to be paid on or before July 1 of each
year a penalty of 20% in addition to the amount of said payment may be
assessed for any such payment received after July 1 but on or before
August 1" An:l person, firm or corporation who fails to pay said s emi.annua'L
installment by Sept-ember- 1 shall be guilty of a misdemeanor and upon
conviction thereof the Justice of the Peace Court of Mountain Home, Arkansas ,
shall be fined in any sum not less than $1.00 and not more than $50,,00
and each and every day of such vitIation sr,all be considered a separate
offense.
SECTION SEVEN!": ]If any section of this ordinance should be held by the
Courts to be unconstitutional that ruling shall in no wise impair the
validity of the remaining parts of this Ordinance.
SECTIONEIGHT: AQ1 ordinances or parts of ordinances in conflict here-
with and particularly Qrdinances No. 76 and rro ..~ are hereby repealellf,.
SECTIONNINE: This ordinance shall be in effect beginning January 1,

1957 and being necessary for the immediate preservation of the public
peace, health and safety of the people of Mountain Home, Arkansas, an
emergency is hereby declared to exist and shall be in full force and
effect from and after its passage and publication.
sECTION~N: This ordinance was passed and approved this L- day of

- Se.CJ ridde.d O~d. /3/
November, 1956;
Signed: Y.ta.yor
Wade Lahar
ORDINAt-LCE
NO.~12g.
Whereas, a Petition was duly filed with the City Council of the
City of MountCEinHome, Arkansas on the n2d day of October, 1956, asking
the City Council to vacate and abandon a certain street 40 feet in width
lying adjacent to the North side of Lots 17, 18 and 19 ih College Height
Addition and adjacent on the South to Lots Numbered 20, 2l and 22 and a~
to abandon an alley shown on said plat of said addition, which alley is:;
25 feet in width separating the E~ of Lot 15 in said addition from LGltt
17 in said addition' whereas after due notices as required by law, the
Council has at the time and place mentioned in the notice, heard all per-sons-
desiring to be heard on the question and has ascertained that the street
and the alley herein before described has heretofore been dedicated to the
publi~use as a street, but has nGlt been actually used by the publi~
generally for a period of at least five years subsequent to the; filing
Glfthe patat, and that said street and said alley have never been used
~ the publi~; that all the owners of the property abutting on the portion.
of the street and alley to be vacated have filed with the Couned.Ltheir'
written consent to such abandonment; and that public' interest and welfare
will not be adversely affected by the abandonment of such street and a11e,;;
NOwtherefore, be it ordained bv the City Council of the City of

Mountain Home, Arkansas: ~
SECTIONONE
!he City of Mountain Home, Arkansas, hereby releases, vacates andi
abandons all its rights" together with the rights of the public generally"
in and to that portion of the street sh~wn on a plat of College Heights
Addition, recorded February 27, 1955, which portion of the street lies
adjacent to the North side of Lots 17, IS and 19 in said addrtion ana
adjacent on the South of Lots numbered 20, 21, 22, and also an alley
25 feet in width shown on said plat separating the E~ of Lot 15 in said
addition from Lot 17 in said addition.
SECTIONTIlO
A copy of the Ordinance duly certified by the City Clerk shall be

filed in the office of the Recorder of the County and recorded in the
Deed Records of the County.•
SECTmrm
THREE
This Ordinance s~ll take effect and be in force from and after its
passage .•
Passed and approved this 6th day of D9vember 1956.•
Naomi Bodenhamen
Rocorder Hayor
'.
ORDINMICE NO. 129
ORDINANCE TO PROVI '-;E A PENALTY FOR C ONSTRUcrION 1fJIT1IOUT BUILDING PERMIT
BE IT ORDAINED Arm ENACTED BY 'rrlE CITY CaJNCIL OFTHECITY OF MOUNTAIN

ARK.ANSAS:
Section One:
ORDINANCE 124 is hereby amended to add thereto the follo-wing provision,

t:
"Section 3. pe r-son starting any construction or remodelinf': work for

which a building pernd.t is required , vdthout first received
such building perm t., shall be requ:1r ed to pay a pena Lt.y of .00;
t the Iistart of construction" shall mean e doing of any in connection
therewith other than the placing of materials on the .11
Secti
ell1ergency is dec a red to exist arid s neceasar-y

for t he ]:reservation of ttl e p'lfiic peace, health and safety, shal L be in full
force and effect and after its passage and pubki catd.on;
Passed and approved tius 23rd of December, 1957$
APP?OVED Pete Shir:a s"'-----
Mar,iorie L. Harn.ed
Pte corder
ORDINANCE NO. 130
liN ORDIN/\.NCE CREATING A CITY PLANN} G CQlMISSION OF THE CITf OF :r,,'iQUNTAIN

ARKANSAS
BE IT AND ENACTED BY TFJECITY COUNCIL OF THE CITY OF

ARJ\)\N :c:.AS:
Secti~n 1~ There is hereby created a comrnission of the City of Mountain Home,

Arkansas, to be known as the "City Planning CGmmissiGn", which said commission
shall consist of five (5) members who.-snall serve without c oepensat tdon and of
not more than one-third may hold .'1.y other municipal of£'lee or appointment.
So 2. The Planning ssion shall have all t he duties and functions

as pertaining to planning commissi0fis as conferred upen the city for planning
as provided ct 186 0f the Acts ef Arkansas 1957 ..
Sec td en 30 The member's of the City Planning OOJ1!'l1Ilission

shall be named and
appointed the and his appointments will be valid am e ff'ec t.L ve upon
con firma ti0n CounciL
Section 4. The terms of the members of the 0i Commissien shall be

three years. ever, the ir>itial appedrrtment.s to the commission shall be
ene member for one year, tWGmembers fGr two years, and two members for three
year-s , The shall designate the terms of the initial
after as vacancies occur in sdon , whateTer cause, es
sha Ll. be filled in ded and a ppo int.e es shall
until of the term which were a to fill.
the ssd en whose t.erms my expire shall serve Urltil their successors in
o ce have been and confirmed.
Section 5. e rdf.nance s or par-ts of 0 rd.inances in conflict h er-••'''''ii', and

Ordinance o. 108, are
on 6. emergency is declared to exist a nd this being necessary

e preser-vat.Ien of the public peace, health and safety, shall be in full
force and effect from and after its passage andpub Li.
Passed and approved this 23rd of December, J. 957"
APPROVED Pete Shiras

NO. 131
O"RDIN TO
1. Section of • 127 is
any person, or
VC"J~""~v3es or Drofessions herein~fter nj~led, t.h e
Home, rkansasJ cn the 1st of Janu&~y of or-ocu re
ColLeetor of sad d fer 5CM.cl: such tr,3.Q,c, or-o-
in, an OCCu~ation license, o f OI1e
Oil sadd 1 st. of
iTo. of ct.i071 is
8.S fOJ',l O';NS~
or cor-nora
'0rnCtlT"e for ..each t l'2r:e,
helollw ";,.."" V>"'''~
...L....;..), cor-por-a t i on , r0
of L:
"Used Car Lot.s ,

Paz;;:
:3
\l ._.J;,.
.J.....~'-'
of such s
and dut.Les conferred
unon ano conferred
S ct i on ., s ascer-La i that there is inUTediate lor 12;ffect.j

dec Ia r ,0 exi st
o the oub'l i.c peace ,

health sa Ln full
_forC~3 arc effect f'r orn after
assed trD. S ra of
TT.~ST!
'1"
('T'T'\'~ ,~T,'
Cll~DI 1'Ji\NC S lTC _1..;... ..•.. ' v.;,.
of j ect i on .2 of the
r:ict a s
structures sh.ql1.1Je S feet ar lot or center of

'"I;"t
aJ....L
or
to read
1.8 name d t.he rd of
shall me et, j and elect its

year or tultil their successors
S ec cio:n. is amended
tiOl1. 5 Of"" t.her-e of , entitled He
or continuous
of less ar-ea than re-
of the resid~ntial use wh."1.cbthe lot is located
nrovided other req trl r-ement.s a re [ret &
Section qn emereency is to exist and this ordinanc

ne ce ss ar y for the or-ese rvat.Lon of and is declared
be effective and after its u<ti..S and
thi s 23rd of Decem.ber 1957 0
bfT1l"f'f7'C;-T
• ; 1.'-J. ,-,..,..
!)
~
.HJ1\II CIF .e~T.JC G{JR T
~! __ (1"D
the creation and e st.ab'Li.shment. of a ~.~~~~;~l Court in all

t.hat. have t5 es the second class under the
Pope I s ~,,~'" -r.a s-r es of P'I'K~ln:sasas amended
and trle of l\!)~()UI(,,"ln not
Oiind
it is deemed advi.sab'Le and to the best interest of the of

rk:arls;il.s, that a be cr-eat.ed and es tab'l i shed.
Be It Enact.ed a,nd the ci Council of the of
Section 1- there be and there is created and established

G orpora tion Court 0f to be and known as the Court 0f
Home,
Section 2. the Court of shall be ,,1

Court of the City Council shal.L de said Court with a .
the name of the in the center wid the words, COURT 'f'OUKTUrI
HON'En around the
the j"nJ!'lI CIPAL OF MOUNTi\ TN H01,iTE, be held

whose term' of 0 shall be two years, and until his
ed as such. Council shall
to take office UDonthe date of s
such until a success or is elected arid
election, at which auld be
SP'jction at least
two years resident of
of the Cit,Y , , iilDd be
standing, have practiced law at least six
as his services t he sum of
p ervyea r-, one-half to be
t be the
Section 5. That whenever office t.he of the

vac~nt, and before his successor has
to attend, or become unable to he Ld such , or s hall from 1lU"1Y ca us e be
therein pending,
may on notice from the such Court,
elect special. to de at such Court, or to try such causes, said pro-
ceedfngs to be entered at large upon the records and the special so elected
the same power and !<luthority in such court as the regular oul.d
have if arid , but bis cease after
in the particular cause in t trial 0 f wh.Lchhe is :i1.tthe time upon
the qualific tion of a successor to the case of a vacancy in the
o frice of the , and upon the removal or reC>l1mr,'!""lof
the attendance of the Such shall receive for s
compensation for his he holds 1Iunicipal Court.
Section 6~ jurisdiction Court of' sas

shall be as nr~rlded the laws of tJH~
· 133
Section 7. for -the
sh%i.ll be J
%i.nd is fixed the
Section 9. The M:unicip%i.lJ s hal L be elected t such es and for

such terms as provided for the laws of the St%i.te of Ar-kansas ~
Section 10. If any section, p~ragraph, phraae or

p of this ordinance shall be ed unc en std t.ut.i.ena'l ,
the same shall not affect the vilidity of this erddnane e as , or any
than the part so dec i ded to be invalid or urv-
Ordinance been fully am distinctly read on this

of December, 1951, and of B ,it was on this date
of the that it 'lIas nec easar-y to the
f()f the City of .i\'lC'illl1,'''J...U, that the Ordinance
on this date and by i:the vote of the llle,mbier's
the City Council of the Cit,Y i'lJf in Home, Arkansas, the rule required that
a n ordinance be r-ead on three different d%i.ysbe dispen@ed "II',i th, and the
W%i.Sa the lin%i.nimous vote of the City Counci1e
its
Passed and this 23rd
TTE ST : M.u·l i'lJrl e L. rIa"no d

Recor-der-
Ordinance No. 134
ANORDINANCE ANNEXING
TERRITORY
TO SEWERIMPROVEMENT
DISTRICT
NO. 1 OF THECITYOFMOUNTAIN
HOME,AlK ANSAS
WHEREAS, parties claiming to be the owners of a majority in value of

the real property within the territory hereinafter described have filed a peti-
tion praying that said territory be annexed to Mountain HomeSewer Improvement
District No.1; and
WHEREAS,after due notice as required by law, the City Council of the

City of Mountain Home, Arkansas has heard all persons who desire to'l3:e;:heardon
the question and has ascertained that a majority in,alue of the owners of real
property in the said territory have signed said petition;
NOW,THEREFORE, BE IT ORDAINED
by the City Council of the City of
Mountain Home, Arkansas:
SECTION I.. There is hereby annexed to Mountain HomeSewer Improvement

District No. 1 the following territory in the City of Mountain Home, County of
Baxter, State of Arkansas, to-wit:
That part of the NvV~ NE~and of the NE~NE-kof Section 9,

Township 19 North, Range 13 West bounded and described as follows:
Begi.nnang at the Southwest corner of the NE~NEil:,run thence
East along the North boundary of Foster Street 561 feet to a
point, run thence North 16 rods, run thence West 10S8 feet to
a point, run thence South 16 rods more or less to the North
boundary of Foster Street, run thence East along the North
boundary of Foster Street 527 feet to a point of beginning.
for the purpose of constructing sanitary sewers therein, in such manner and with
such materials as the Commissioners for the said improvement district shall deem
to the best interest of said district, and that the cost thereof be assessed and
charged upon the rellproperty above described.
SECTIONII.. It is hereby ascertained that an emergency exists and,

this Ordinance being necessary for the preservation of the public peace, health
and safety, the same shall be in full forc:e and effect from and after its
passage.
Passed and Approved this 26th day of May 1958••
lsi Marjorie L.• Harned

APPROVED:
Acting Mayor
ATTEST:Is! BeB. Foster

Acting Recorder
ORDINA.NCE NO. 135
Al'J ORDINPJ~CE PROVIDING FOR THE PAYlfJ.ENT OF FINES, PEN1\.LTIES AND COST BY WORK
UPON CITY STP2£'~S AND OTHER TI\ilPROV..EliIENTS
BE IT ORD.AIlIED BY T HE CITY COUNCIL OF TIE CITY OF MOUNTAIN HOME, ARYJiJ'JSAS
SECTION L may here art.ez- be corrvi.ct.ed of a "t1i"iolation of

person "'\N11o
any or ordinance in the City: of Mount.a'i.n Home, Arkansas , 3J."1d who shall
be committed to jail to 83r11ea sentence ed a court of
therefor Q~d/or li\Tho maJr""" be default of the of
fine and costs adjudged against hirash al.L be required. to discharge such
sent.ence and/or fine cs: costs manual on any street, or
building or of such , at the rate of 00 per daYe
SECTION The City Marshal shall be in cbarge of such persons ana

to ernp'Loy such guards" or adopt such means t.o prevent
escapes as may be nece ssar-y,
SECTI ON 30 This Or-di.nanc e being necessary for the pr-es er-vatdon

of public peace, health a."1dsafety, an emergency is hereby delcared to
exist and t.hi s Ordinar.c e shall be LYJ. full fIT' ce and effect ilTll1'lediateljt af't ez-
it!s passage.
Dated this lith day of August, 1958.
APPRf)\lED: Bet e Shiras

Mayor
ATTEST: Marjorie L. Harried

Rec~order"
./
ORDIN.!llVCE
NO. 136
VACATING
ALLEYSANDSTREET
VfhEREAS,a petition Y1aSduly filed vdth the Cit,Y-Council of Mountain Home,

Arkansas , on the 18th day of Jul,yr 1958, asking the City COUJ."1cil to vacate and
abandon all that portion of a 19-foot aTIey separathlg Lots 32 to 34, inclusive,
and Lots 41 to 43, inclusive; a 40-foot street separating Lots 32 to 34, in-
clusive, from Lot.s 29 to 31, inclusive and a 19-foot alley separating Lots 29
to 31, inclusive" from Lots 20 to 22, inclusive, in College Heights Addition
to the town of Mountain Home, Apkansase Said alleys and street ext end from
Morris Street eastward to a 40 foot street shown on the plat as lying along the
East boundary line of Lots 22, 29, 34 and 410
WP~REAS,after due notices as required by law, the Council has, at. the
time and place mentioned in the notices, heard all persons desiring to be heard
on the question and has ascertained that the aforesaid alleys and Street h(\1;.1(:e
heretofore been dedicated to the public use as a street and alleys but never
been opened up and used as aLl.eys or street although more t.han thirty years
has passed since the plat was filed; that all the owners of the property
abutting on the portion of the said al.l.eys and street to be vacated have
filed with the COUJ.'1.ciltheir ritten consent to such abandonment ; and that
public L.'1terest and welfare w'ill not be adversely affected by the abandonment
of said street and al.Leys ,
THEREFORE,
BE IT ORDAINED
BY THE CITY COUNCIL
OF MOUNTAIN
HOME,
AR.WIISAS:
SECTION1. The City of Mountain Home, Arkansas hereby r-eLeas es , vacates

and abandons all its rights together 'with the rights of the public generally
LD and to the aforesaid street and alleys designated as f'o Ll.owse
All that po rta on of a 19-foQt alley s eparatdng Lots 32 to 34, LncIus i ve,
from Lots 41 to Lf.3, i.."1clusive ; all that portion of a 40-foot street separat.ang
Lots 32 to 34, inclusive, from Lots 29 to 31, inclusive and all that portion of a 19
foot alley separating Lots 29 to 31, inclusive, from Lots 20 to 22, inclusive,
in College Heights Addition to the 'I'own of Mountain Home, Arkansas .•
SECTION2" A copy of this Ordinance, duly certified by the City Clerk_

and Recorder, shall be filed in the office of the Recorder of the County and
recorded i..'1.the Deed Records of ~<ter County, Ar~~nsas .•
SECTION3 •. And this Ordinance being necessary for the im.rrrediate pr-eser-vat.Lo.
of the public peace, health and safety, an emergency is hereby declared to
exist and this Ordina."1ce shall be in f all force and effect immediately after its
passage.
Dated this 25th day of August 1958e
APPBO\lED: Pete Shiras

Mayor
APPROBED: Marjorie L. Harned

Recorder
AN INANCEREQUIP.ING
OVvNEBS
OF REALPROPERTYTO CUTWEEDS D REMOVE
RUBBISH
.MID RR UNSIGHTLY
ANDUNSANITARYARITCLESFROMTHESAME
•
SECTION1.. owners of real e state within the City Mountain Home, Arka.'1sas
shell keep Sal. r-ea Lest.at.e , and the area lying betwee the boundaries of said
real estate and t inside of the ditch line or cur line of any abutting streets,
clear of any excessr e growth of weeds and shall move therefrom. all garbage,
rubbish and other unsf tly and unsanitary artic e s, _
Wn u/ld. ~.a2.~
aEC'fION 2. The C1ty Marsha: shall give wri en notice to any owner of lands who
shall fail to comply with Sec . on 1 af'ores rd , to cut weeds or remove any garbage,
rubbish or other unsightly or u anitary icles within 20 days from the giving
of such notice. If such owner "is ot a esident of the City of Mountain Home,
Arkansas, such notice shall be mail y regi stered mail to the last known address
of sue a owner and a copy thereof sha be posted in some conspicuous place on the
premises ••
SECTION3. If any owner shall ail or refu e to cut weeds or remove garbage,
rubbish or other unsightly or nsanitary arti es f rom his property within twenty
days from the giving of the otice aforesaid, t e City Marshall is hereby author-
ized, ordered and directe to have any wee:'s, ga age, rubbish or other unsightly
or unsanitary articles r moved from the premises 0 such owner, and such owner
shall be charged with e cost thereof -' plus a penal in the amount of Five
Dollars; and the Cit of Mountain Home is hereby given lien against such
property for such c sts and penalty. ~
SECTION4. Any wner owning a tract of land in excess of fi acres within the
City of Mounta' n Home shall be deemed to be complying with thi Ordinance if·
he shall kee said lands clear if all rubbish, garbage and othe'~ unsightly and
unsanitary rticles and shall keep excessive weed growth out frohaid lands
up to a stance of one hundred feet from all boundaries within the City ••
ate this 18th day of September 1958 .•
lsi ·PeteShiras
Mayor
Attest:
Lsi Mar~orie L. Harned

Recorder
~K,~
\J (- \- L
\J)
ORDINANCE
NO. 138
ANORDINANCE
PROVIDINGFORTHEREMOVING
ANDRAZING
OFCERTAIN
BUILDINGS
ANDHaJSESIN THECITYOFMOUNTAIN
HOME,ARKANSAS
SECTION 1, Whenever any building or house situated in the City of

Mountain Home, Arkansas, shall becomein the opinion of the City Council,
dilapidated, unsightly, unsafe, unsanitary, obnoxious or detrimental to the
public welfare, the Council may by resolution order the removing or razing of
any such building or house by the owner within thirty days after serving notice
on the owner as provided in Section 2 hereof ••
SECTION 2" Whenthe Council shall have ordered the removing or razing of
any building or house as provided in Section 1 hereof, the City MarshalL shall
serve a certified copy of such order or resolution upon the owner thereof. If
such ome r- is not a resident of the City of Mountain Home,Arkansas, a certified
copy of such resolution s hall be mailed by regi stered mail by said City Marshal
to the owner-at his or its last knownpost office address. If the owner of such
building or house shall fail or neglect or refuse to remove or raze such building
or house within thirty days after the servic e or mailing of such notice and
resolution, the City Marshal is hereby authorized, empoweredand directed to
at once remove or raze any such building or house in accordance with the pro-
visions adopted by the City Council .•
SECTION 3" The City Marshal shall prepare an itemized statement of the
cost of removing or razing any such building or house and shall notify the owner
by delivering to him a copy of said statement in the manner provided for service
of notice in Section Twohereof" If after ten days from the receipt of said
notice by the 'owner of any such building such owner shall fail to pay the costs
of such removal or razing, together with a penalty in the amount of Twenty Five
Dollars, which is hereby assessed against any owner failing to remove any such
building upon noti ce from the City Marshal, the City Marshal shall sell any
material obtained from said removal or razing which shall be necessary to pay
such penalty and costs and pay any excess remaining to the owner. In the event
no material is obtained from such removal or razing tt>.at can be sold to pay such
costs and penalty in full, the owner of such building shall be liable to the
City for such costs, and the City is hereby given a lien against such property
therefor, Dated this 18th day of September 1958.
- Se.a..+IONS 5 ~ A-dd e do. ~d. f\)o. I
Ls/ Pete Shiras

Mayor
Attest:
Ls/ Marjorie L. Hamed

Recorder
ORDINANCE
NO. 13 9
AN ORDINANCE GRANTING1; T-V CABLEC011PANY,ITS SUCCESSORS,LESSORS, ANDASSIGNS,

A FRANCHISERIGHT, ANDPRIVILEGE TO USE ANDOCCUPYFOR ITS TELEVISIONSERVICES
THE STREETS, AVENUES,HIGHWAYS,BRIDGES, LANES, ALLEYS, PUBLIC GROUNDSAND
PLACESWITHINTHE CITY OF MOtThJ"TAIN
HOME,BAXTERCooNTY, ARKA1'JSAS,
FOR THE
PURPOSEOF ERECTING, C01'STRUCTING,CWNING,LEASING, OR OTHERWISEACQUIRING,
MAINTAINING,SUPPLITNGTHE MUNICIPALITYAnd ITS INHABITANTSOR ANYPERSONOR
CORPORATIONWITHTELEVISIONSIGNALS••
BE IT ORDAINED
BY THE CITY COUNCILOF THE CITY OF MGUNTAIN
HOME,BAXTERCooNTY,
ARKANSAS:
SECTICNIe That T-V Cable Company, its successers and assigns, be and it
is hereby granted the exclusive right and /or- franchise te furnish direct wire
reception of televisions programs to the citizens and residents of the city of
Mountain Heme, Baxter County, Arkansas, by means ef the establisl:'.ment of a
master antenna utilizing a master control nnit and supplifier and relaying the
television signals directly inte the individual televisien receptien sets fer
a peri od of twenty five years from the effective date of this or-dinance together
with the right to erect and maintain such poles, wires, fixtures, etc., along
the alleys of this city as may be necessary and convenient for its business as a
televisien signal furnisher in supplying the citizens:: in said city and the
public in general, and to use and occupy fer its television cables the bridges,
lanes, alleys, and public g rounds and places within said municipality for the
purpose of erecting, constructing,laying, owning, leasing, or otherwise acquir-
ing, maintaining and operating such system'all such rights and use te be and
continue en the condition and terms as herein stated; present utility poles may
be used with permission of owners .•
SECTION II.. Said po Ies and wire s s hall be placed and maintained so as not
to interfere with travel or use of such streets, alleys or public ways of said
city, and said T-V Cable Company, its successors and assigns shall hold said
city :free and harmless from damages arising from any abuse or negligence of
said occupance, said poles and wires shall be places so as net to interfere
wi th the now of water in any sewer, drain, o r- gutter, or with any gas,
water pipelines; and this grant is made and is to be enjoyed subject to all
such reasonable regulations and ardinaIlC~§ccef a police nature as said city may
autherize or- may see pr-oper- frem time to tiille to adept not destructive of the
rights herein granted.
SECTION III. That T-V Gable Company, its successors, and assigns, be and
it is hereby granted the authority, right and privilege t o .s et , control, and
regul.at,e the fees .:!fc'rsuch services t.o the individual consumer and user during
the period provided fer in Section I of this Ordinance, subject to the approval
of the City Council and all ether State and/or Federal regulatiens controlling
same, or any and all other regulatory boddes , Failure of grantee, its successors,
or assigns to comply substantially with each and every lawful regulation imposed
by any government or anyrdepar-tment, or political sub-division thereof having
jurisdiction over the activity herein concerned shall operate to cancel and
forfeit the franchiss herein granted at the option of the City of Mountain Home,
Arkansas. Operating fees shall be fixed on the basis of a reasonable return on
the grantee IS, its successor's, and assign's, investment, in addition to maintenance
and installation costs, and the same te be just and r-easonab.l,e , Grantee by
acceptance hereof agrees to provide reception service foradd1tienal channels as
speedily as is reasonable possible giving due concern for quality and clearance
of picture and sound reception. Installation charges shall net exceed the sum
of'rW"enty-fi ve dollars ($25.00) for each consumer. Grantee shall be permitted to
charge each consumer a mnnthly maintenance char-ge in a sum not to exceed the sum of
Five and 95/100 Dollars ($5.95) fer each month of service provided to a consumer
or user in a home and not to exceed the sum of Six and 95/100 Dollars ($6 e 95)
for each month of service supplied to a commercial establishment.. These. rates
shall apply to one outlet foe seMiice te one television receiver, and rates for
service outlets te additional television receivers for the same consumer/user
shall be determined by the T-V Cable Company on an individual basis" Ne dis-
crimination shall be permitted with respect to rates charged t o users obtaining
like service ••
No. 139 (Continued)
ORDINANCE
SECTIONIV.. That T- V CableC6~any, its suecessors and as signs,

be and it is hereby further granted an option to renew this exclusive right and/or
franchise at the end of the twenty-five year period, as referred to in Section I
of this Ordinance, terms of said renewal to be agreed upon by the said T-V Cable
Company,its successors and assigns, and the City Council of the City of Mountain
Home,Baxter County, Arkansas, after notice inw rlting by the franchiseholder
herein for thirty (30) days prior to the expiration of the right and/or f r-anch.i.ae
granted hereunder.
SECTIONV.. Anyright, privilege, or franchise granted by virtue of this

Ordinance or by resolution adopted in connection herewith on this date shall
. automatically beeome absolutely and entirely void unless T-V Cable Company,
Or its successors anda ssigns, shall commence bona fide construction within six
'(6) months from the date of the adoppdon of this Ordinance, and shall commence
service within twelve (12) months from the date of adoption of this Ordinance,
or if at any time service is discontinued by the said franchise holder for a
period of three (3) months after service has been in operation, Or if the said
T-V Cable Company,its successors and assigns, shall engage in the sale of
television sets or television equipmentwithin the corporate limits of the
City 0 f Mountain Home,Baxter County, Arkansas, Or if the said T-V Cable Company,
its successors, and assigns shall fail to f'ur-ni.sh as requested free television
signals to the college and schools of this City.
SECTIONVI. Connencingon the 13 day of October, 1959, the grantee shall

pay to the City 0 f Mountain Home,Arkansas, a tax in an amount equal to two per-
centum (2%) of the gross operating revenue received by grantee during the next
previous calendar year. Said tax shall becomedue and payable on the date frist
above mentioned in this paragraph and on each anniversary date thereafter during
the continuance hereof. Failure to pay said tax whendue shall operate as a
forfeiture of this f'ranchi.se, Rate of tax. shall be subject to adjustments from
time to time as the City Council of MountainHome,Arkansas, shall deemproper
in order to assure fair and realistic city fiscal administration.
SECTIONVII" That all Ordi.nanees and parts of 6rdinances in conflict here-

with are hereby repealed; and this acti6n:.1beingnecessary for the preservation
of the public health, comfort, and convenience of the City of Mountain Home,
Baxter County, Arkansas, and the inhabitants thereof, an emergencyis hereby
deLcar-ed to exist, and this ordinance shall take effect and be in force from
and after its passage.
Adopted October 13, 1958.•
/5/ Pete Shiras (SEAL)

Pete Shiras, Mayor
ATTEST:
lsi Esther Scharlau

Esther Scharlau
Acting Recorder
ORDINANCE
NO• ~
ANORDINANCEGRANTING MOUNTAIN
HOMET-V CABLE COMPANY,ITS SUCCESSOP.s,
LESSORS
ANDASSIGNS,A FRANCHISE RIGHT,ANDPRIVILEGETOUSEANDOCCupyFORITS T~
VISIONSERVICES THESTREETS,AVENUES,HIGID'liAYS,
BRIDGES,LANES,ALLEYS,PUBLIC
GROUNDSANDPLACES 'WITHIN
THECITYOF MOUNTAIN HOME,BAXTER COUNTY,
ARKANSES,
FORTHEPURPOSE OF ERECTING,CONSTRUCTING,
OWNING, LEASINGOROTHERJNISE
ACQUIR-
ING, MAINTAINING,
SUPPLTING THEMUNICIPALITYANDITS INHABITANTSORANYPERSON
ORCORPORATIONtrUTHTELEVISIONSIGNALS.
BE IT ORDAINED
BYTHECITYCOUNCIL
OF THECITYOF MOUNTAIN
HOME,BAXTER
COUNTY,
ARKANSAS:
SECTION 1. That Mountain HomeT-V Cable Company, its successors and

assigns, be and it is hereby granted the exclusive right and/or franchise to
furnish direct wire receotion of televisions programs to the citizens of the
city of Mountain Home, Baxter County, Arkansas, by means of the establishment
of a master antenna utilizing a master control unit and supplifier and relay-
ing the television signals directly into the individual television reception·
sets for a period of Twenty five years from the effective date of this ordinance
together with the right to erect and maintain such poles, wires, fixtures, etc.,
along the alleys of this city as may be necessary and convenient for itsbusi~
ness as a television signal furnisher in supplying the citizens in said city
and the public in general, and to use and occuply for its television cables,~he
bridges, lanes, alleys, and public grounds and places within said municipali iy
for the purpose of erecting, constructing, laying, owning, leasing, or other-
wise acquiring, neintaining and operating such system all such rfghts and use
to be and continue on the condition and terms as herein stated: present utility
poles may be used with permission of owners"
SECTION 11. Said poles and wires shall be placed and maintained so as not
to interfere with travel or use of such streets, alleys or public ways of said
city, and said Mountain HomeT-V Cable Company, its successors and assigns shall'
hold said city free and harmless from damages arising from any abuse or negligence
of said occupance, said poles and wires shall be placed so as not to interfere
with the flow of water in any sewer, drain, or gutter, or with any gas, water
pipelines; and this grant is made and is to be enjoyed subject to all such rea-
sonable regulations and ordinances of a policenature as said city may authorize
or may see proper from time to time to adopt not destructive of the rights here-
in granted.
SECTION Ll.L, That Mountain HomeT-V Cable Company, its· successors, and
assigns, be and it is hereby granted the authority, right and privilege to set,
control, and regulate the fee for such services to the individual consumer and
user during the period provided for in Section + of this Ordinance, subject to .
the approval of the City Council and all other State and/or Federal regulations
controlling same, or any and all other regulatory bodies., Failure of grantee,
its successors, or assigns to comply substantially with each and every lawful
regulation imposed by any government or any department or political subdivision
thereof having jurisdiction over the activity herein concerned shall operate to
cancel and forfeit the franchise herein granted at the option of the City of Moun-
tain Home, Arkansas. Operating fees shall be fixed on the basis of a reason-
able return on the grantee's, its successorfs, and assignis investment, in ,addi-
.tion to maintenance and installation costs, and the same to be just and ~eason-
able. Grantee by acceptance bereof agrees to provide reception service for
additional channels as speedily as is reasonable possible giving due concern. for
quality and clearance of picture and sound reception •. Installation charges' shall.
not exceed the sum of Twenty-five dollars ($25.00) for each consumer. Grantee
shall be permitted to charge each consumber-a monthly maintenance charge in a sum
not to exceed the sum.of Five and 95/100 Dollars ($5 .•95) for each month of ser-'
vice provided to a consumer or user in a home and not to exceed the sum of Six
and 90/100 Dollars ($6.95) for each month of service supplied to a commercial
establishment.. These rates shall apply to one outlet for service to one television
receiver, and rates for service outlets to additional television receivers for
the same consumer/user shall be determined by the Mountain HomeT-V Cable Company'
on an individual basd.e, No discrimination shall be permitted with respect to
rates charged to users obtaining like service ••
ORDINANCE
NO. 140 (Continued)
SECTION IV. That Mountain HomeT-V Cable Company,it successors and assigns,
be and it is hereby further granted an option to renew this exclusive right and/or
franchise at the end of the twenty-five year period, as referred to in Section I of
this Ordinance, terms of said renewal to be agreed upon by the said Mountain Home
T-V Cable Company,its successors and assigns, and the City Council of the City
of Mountain Home,Baxter County, Arkansas, after notice in writing by the franchise-
holder herein for thirty (30) days prior to the expiration of the right and/or
franchise granted hereunder .•
SECTION
V. Anyright , privilege, or franchise granted by virtue of this
Ordinance or by resolution adopted in connection herewith on this date shall auto-
matically becomeabsolutely and entirely void unless Mountain HomeT-V Cable Com-
pany, or its successors and assigns, shall commencebona fide construction with-
in'three (3) months from the date of the adoption of this Ordinance, and shall
commenceservice within twelve (12) months from the date of adoption of this
Ordinance, or if at any time service is discontinued by the said franchise holder
for a period of three (3) .monthsafter service has been in operation, or if the
said Mountain HomeT-V Cable Company,its successors and assigns, shall engage
in the sale of television sets or television equipment withint the corporate
limits of the City of Mountain Home,Baxter County, 'Arkansas, or if the said
Mountain HomeT-V Cable Company,its successors, and assigns shall .fail to fur-
nish as requeet ed free television signals to t-he college and schools of this City.
SECTION VI. Commencing on the 20th day of April, 1960, the grantee shall
pay to the City of Mountain Home,Arkansas, a tax in the amount equal to two
percentum (2%) of the gross operating revenue received by grantee during the
next previous calendar year. Said tax shall becomedue and payable on the date
first above mentioned in this paragraph and on each anniversary date thereafter
during the continuance hereof. Failure to pay said tax when due shall operate
,as a forfeiture of this franchise.. Rate of tax shall be su)Jject to adjust-
ments from time' to time as the City Council of Mountain Home,Arkansas, shall
deemproper in order to assure fair and realistic city fiscal administration"
SECTIONVII. That all Ordinances and parts of Ordinances in conflict here;.,.

with are hereby repealed; and this action being necessary for the preservation
of the public health, comfort and convenience of the City of Mountain Home,Bax-
ter County, Arkansa5, and the inhabitants thereof, an emergencyis hereby declared
to exist, ap.d this ordinance shall take effect and be in force from and after its
passage ..
Adopted April 20, 1959.
~/:::;..s/~P...:;e~t.:::-e...;S;::;.:h:i:;.;::r..:;:a~s
(Seal )
Pete Shiras, Mayor
ATTEST:
Is/ Marjorie L. Harned

Marjorie L. Harned
Recorder
ORDINANCE
NO. 141
ANORDINANCE
TOAMEND NO. us OF THECITYOFMOUNTAIN
ORDINANCE HOME,
ARKANSAS.
Be it enacted and ordained by the city council of the City of Mountain Home,
Arkansas.
Sec. L Ordinance No. llS is hereby amended by adding thereto following

SUb-section H of section 2 of the third article, which article is entitled "Retail
District, II the following sections:
Section I. No building or other structure shall be erected closer than ~

distance of 45 feet from the center of Highways 5 and 62 in the City limits of
Mountain Home,Arkansas, except as hereinafter provi.ded , Specificallyexempted
from the provisions of this amendmentare buildings or other structures which .
may be placed on property abutting Highways 5 and 62 (also described as Main,Street
and hereinafter so referred to) located in an area described as follows: Beginning
at a point 150 feet north of the center of Fifth Street at its junctioB with Main
Street and continuing south to the south junction of Highways 5 andv 62 and Eighth
Street, continuing thence south on Main Street to a point ISS feet North of the
center of Ninth Street at its junction with Main Street •.
Section J.. No building or other structure shall be erected on the East side
of Baker Street between Eighth Street and Ninth Street closer than a distance of
33 feet from the center of Baker Street .•
Section K. This amendmentshall not be construed as changing or otherwise

affecting the provisions of Ordinance 118 requiring a 30-foot front yard for all
residential buildings.
Section L. Ordinance llS is hereby amendedby adding thereto: Article

9, Section 7, as follows: The zoning map heretofore adopted is hereby amended
as follows:
L Change from commercial to residential the area East of Main street,

East of South Street, and South from Twelfth Street to the city limits; being
that part of the South Half of the Southwest Quarter of Section 9 and the North
Half of the Northeast Quarter of the Northwest Quarter of Section Ip, Township
19 North, Range 13 West described as follows: Begin at the intersection of the
South line of Twelfth street with the East line of the Southeast Quarter of the
Southwest Quarter of Section 9; run thence Westerly with the South line of Twelfth
Street to the East line of Main Street; run thence South with said line to the
North line of WadeStreet; run thence East with said line to the East side of
South Street; run thence South with said line to the South line of the North Half
of the Northeast Quarter of the Northwest Quarter of Section l,p; run thence East
to the East line of the Northeast Quarter of the Northwest Quarter of Section 16;
run thence North to the point of beginning.
2. Change from residential to retail the East side of Hickory Street from
Fifth Street to First Street; being the West Half of Block 33 of Lane's Addition
and that part of the West Half of the Northwest Quarter of Section 9," Township
19 North, Range 13 West described as follows: Begiri at the Northwest corner of
Block 33 of Lane's Addition; run thence North with the East line of Hickory Street
to the South boundary of First Street; run thence East with said boundary and the
extension thereof to the West side of Main Street; run thence Southerly with said
line to the North line of Block 33; run thence Westerly with said line to the point
of beginning.
3. Change from residential to retail Lots 26" 27" 28 and 71 in Plaza Heights
Subdivision, which lots lie on the Northeast side of State HighwayNo. 5 adjacent
to the city limits.
4. Change from residential to retail the South Half of Block 8 in Truman1s

Addition, this being the area North of Seventh Street between South street and
Shiras street.
Section 2. If any section, paragraph, sentence, clause, phrase or prova sxon

of this Ordinance shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of this Ordinance as a whole or any part of pro-
vision there of other than the part so decided to be invalid or unconstitutional.
ORDINANCE
NO. 141 (continued)
Section 3 ~ It is hereby ascertained that an emergency exists and this

Ordinance being necessary for the preservation of the public peace, health and
safety, the same shall become effective and be in full force from and after its
passage and publication.
Passed and approved this eighteenth day of May 1959.
Attest: ='/"""'!s••••I_P~e-:t;".;;.e_Sh=i=r=as
(SEAL)
Pete Shires
lsi Marjorie L. Harned Mayor
Marjorie L. Harned
Recorder
ORDINANCE NO. 142
AN ORDINANCE TO ADOPT A CRIMINA~ CODE FOR THE CITY

OF MOUNTAIN HOME, ARKANSAS FOR THE ENFORCEMENT OF '
SAME: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT PRDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
Section 1. Each and every act, matter or thing which the laws of the
State of Arkansas, make misdemeanor, is hereby prohibited within 'the
corporate limits of the City of Mountain Home, Arkansas, and made un-
lawful as a violation of this ordinance.
Section 2. The criminal laws of the State of Arkansas, as now existing

and as hereafter may be provided, in so far as same may make any act,
matter or thing a misdemeanor, are hereby adopted and incorporated
into the criminal code of the ordinances of the City of Mountain Home,
Arkansas.
Section 3. Each and every person who shall, within the corporate limits
of the City of Mountain Home, Arkansas, violate any of the provisions of
the laws into this ordinance incorporated and adopted shall on conviction
thereof be punished by fine or imprisonment~ or both, as the case may-be,
together with the costs of the proceeding of not less than the 'minimum
nor more than the miximum penalty as prescribed by the corresponding State
Law in such cases made and provided; which penalty shall be enforced in the
manner now prescribed by the law for the enforcement and collection of fines,
forfeitures and penalities impossed by the City Courts of Cities of the
second class. All fines when imposed, to be charged _to the City V~rshall
and then collected and paid into the City Treasury.
Section 4. All ordinances and parts or ordinances in conflict with this

ordinance are hereby repealed.
Section 5. This ordinance being necessary for the preserva.tion of the

public pease, health and safety, an emergency is hereby declared to
exist, and this ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed and Approved: July 6, 1959
_lsi Pete Shiras (SEAL)

Pete Shiras, Mayor
ATTEST:
Lsi Esther Scharlau

Ester Scharlau
Acting Recorder
ORDINANCE NO. 143
AN ORDINANCE TO ADOPT A VEHICLE TRII.FFICCODE FOR THE CITY OF MOUNTAIN HOr,lE,

A.RKA.l.1IfSAS,
FOR THE ENEORCEJ:.fENTOF SAlv1E: DECLARING AN a1ERGENCY AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN H~illi,
ARKANSAS:
Section 1. Each and every act, matter or thing pertaining to the operation
of vehicles which the laws of the state of Arkansas, make a misdeameanor
is hereby prohibited within the corporate limits of the city of Mountain
Home, Arkansas and made unlawful as a violation of this ordinance.
Sectio~ 2. The vehicle traffic laws of the state of Arkansas, as now

existing and as hereafter may be pr-ovi.ded , , so far as smae may make any
act, matter or thing, a misdeameanor, are hereby adopted and incorporated
into the vehicle traffice code of the ordinance of the city of Mountain
Home, Arkansas
Section 3. Each and every person who shall within the corporate limits of
the city of Mountain Home, Arkansas, violate any of the pro,~sion~ of the
laws into this ordinance incorporated and adopted shall on conviction, there-
of be punished by fine or imprisonment, or both, as the case may be, toget-
her with the costs of the proceedings of not less than the minimum nor more
than the maximQm penalty as prescribed by the corresponding state laws in
such cases made and provided; which penalty shall be enforced in the @anner
now Drescribed by the law for the enforcement and collection of fines, for-
feitures and ~enalties imposed by city courts of cities of the second class.
All fines, when imposed, to be charged to the city marshal and then collect-
ed and Daid into the city treasury.
Section 4. All ordinances and Darts of ordinances in conflict with this

ordinance are Pareby repealed.
Section 5. This rodinance being necessary for the or-e ser-vat.Lon of the pub-
lic jeace, health and safety, an emergency is hreby declared to exist and
this ordinance shall be in full force ana effect from and after its pas-
sage and publication as required by law.
lsi Pete Shiras (SEAL)

Pete Shiras, Mayor
ATTEST:
/s/ Esther Scharlau

Esther Scharlau
Acting Recorder
ORDINANCE NO. 144
AN OFJ)INANCE PHOHIBITING THE OPERATION OF VEHICLES

WITHOUT A J\,fLJFFLER
OR VnTH A DEFECTIVE MUFFLE,.-q;
PROHIBITING THE nf.AKINGOR UNNECSSARY OR ANNOYING
NOISES BY THE OPERATOR OF THE AUTOMOBILE~ PRO-
VIDING A PENALTY THEREFOR; DECLAHING AN ElvIERGEJlJCY,
AND FOR OTHE,.-q
PUP~OSES.
NOiN, THSREFORE, BE IT OHDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOrEE, ARKANSAS:
SECTION 1. That it is hereby declared to be ~~awful for any person,

firm, corpora.tion, individual, association or agent of either of them,
anywhere wi thin the City of Mountain Home, Arkansas, to operate a motor
vehicle without a muffler or with a defective muffler, to make, cause, or
produce any unnecessary or annoying noise or noises, such as the unnecessary
blowing of horns or automobiles, or driving such with cut-out open, the
switching on and off of ignition key in such manner as to cause backfire or
any kind of unnecessary noise or noises within the City of Mountain Home,
Arkansas.
SECTION 2. Anyone violating any of the provisions of Section One (1)

of this ordinance, shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than Five Dollars ($5.00) nor more than Twenty-
five: Dollars ($25.00).
SECTION 3. There having recently been frequent occurrances of such

unnecessary and discomforting noises from which the peace, happiness, com-
fort and welfare of the citizens are affected, an emergency is hereby
declared to exist and this ordinance shall be in full force and effect
immediately upon its passage and approval, and publication.
Is/ Pete Shiras (SEAL)

Pete Shiras, Mayor
ATTIST:
lSI Esther Scharlau

Esther Scharlau
Acting Recorder
ORDINANCE NO. 145
AN OPJ)INANCE PROHIBITING THE DilliJPING

OF TRASH OR
RE.,.ti'(JSE
VVITHIN THE CITY LIMITS OF THE CITY OF
MOUNTAllJ HOME, ARKAN&AS; PROVIDllJG A PENALTY
THEREFOR; AND FORJTHER PURPOSES.
NOW, THEREFOR=';, BE IT ORDAD.,1EDBY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

H01ffi,ARK..I\.NSAS:
SECTION 1. From and after the passage and approval of this ordinance
it shall be unlawful for any person, firm, or corporation to dump or throw
any form of trash, refuse, cans, bottles, garbage, paper, rags or any other
kinds or form or trash or garbage upon the streets of the City of Mountain
Home, Arkansas.
SECTION 2. Any person, firm or corporation who shall violate the

provisions of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in any sum not less than Five Dollars
($5.00) nor more than Ten Dollars ($10.00).
SECTION 3. The City Health Officer and/or the City Marshal are hereby
authorized to enforce the provisions of this ordinance.
SECTION 4. All ordinances or parts of ordinances in conflict here-

with are hereby repealed. This ordinance being necessary for the im~ediate
nreservation of the public peace, health and safety an emergency is here-
by declared to exist and this ordinance shall be in full force and effect
from and after its passage and approval.
lsi Pete Shiras (SEAL)
ATTEST:
lsi Esther Scharlau

Esther Scharlau
Acting Recorder
T T
CTTN -::' T1\T

;'"7,1 iT-"
..:.\... 1-::·':3 "P P Tl CD n -=-TD
n T ~'T '"'~
T
c2l:. S ,
lr:)S ~ 0(""'<
-' ..J
"Y;
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()oun ty Arksnsss
j h~~ t~e estste
t e r- -i_to ')-c" .; ,,~ t ;'l" C t err i_ tor -, 'J e ,::;"lie x e -:1 T: () '=' ,~-1
~
of "["18 J-;~t-~ ofJlo'xnts-l A,-,-,lz9nsss; 9
Bax t.er-
L est J t e
te2Y>; +- th3t s aid te"'''ttr:r 1.'0 can C3')0}S 8[lJ sdjoi -; t"",;,---esent
::0 r-a t e 1i its of e::;ttyof fount'} ~ione, ,-olzsnc:,::;s; t'lJt 8n a c c ur-a t e
o La t orSJ) of 88;_d t e r-r-t t o r-v 81:10'1,'1 -tbs r-e La t I on s -iT) to t'le '-i~eC1e'Jt
ctty had been filed Tth 80d
otice ~8d been ~iven f02 the
1 nd s 8_11 terri t
of !Iountqin Ho ne , rkSn2iQS3 subjelt to the 2cceotsnce of
t'~'e C1g e the City Counc~l o~ s2'J Ci
-1~ 5e:! 13 sl'1d
S, the t Lne fixed 1 <:: s 9 i ;:1 o-~ (1e y"J

s d e bv t~e::; 0 nt ·c oUY>t 8 Del no g ~ "")8 :: 1 t.1~1 S
bee t ken fro 38id o~der

"D ..., 1"T'hT_~ iT f"...-n
T'l 1"1
~ ~ -
:; ---
OF 3, S,
;0 nt 9, in I-Ie n8 )
ofi~ountClin H01e y
-;::;1. '"
The
t'18 co o:..r>o t~:le S <) t~e ~1
t '18 iT~ ~~ of"
t:i.8 of t'ie of' t}'-l2
-c:~,-,
of the '::if of t he J 8 11 in >.J .-, -_' e
\~l
j
eli e P 'Jest" and t he ln~1.of the j'~=
of Sec~ 10 q& 13 .e s r
(ses 1
~e~e Shiras Mayor
1
1\: (';
,,-- .
of 'l
-)
-. ::),
sect-ions,
.: i t o r-e n ove "',..,

J;
-r.
e
-r a
of' OrO. Lria nc e ITo,
~ "'1 _l...
or3.inance shall be S ~~ a ~isjo~eanor snd
~ ~on conviction
_i_ '""
shalT- e f' of ot less the .00 no:" o~'e t'J':trl

ith the costs of' s ch crosec tiOD.
::1 ,..-.,
i
-
a lien 3YQinst
8~
as ~aJ be assessed.
Dreservation of' the ~'blie Dsace

.i s ~:}s~~e
.p ,~l--::;r· C
..L 0' '-' v effect
/s! Pete S-J,l-"as (Q,-:-' -r-
-
Pe t p S 1:-1 ~_ra S J 13
--
_ e-, -~ ~ a ~...
...
1-..I¢ -,--..;.:::...c ,;.. .,...;.'-...' \...)..
Rp ~",~r'!
.; ••.,-,,\,.., p,'>
,>-.',- '....-\.,-,"--,-
l""!
J......L
nJ
J_ ~--, ..•..•.
L...-'_i..'c COclrlcil
City of Mo urrt a
Section Nu~ber One. Or1inance Nu~ber 119 13 ~ere

a~ende1 by a1di thereto the followi sub-section 3 of
13 entitled, S~ecial ~e;ulations,
~aD heretofore ado~ted is ~ereby
a~ended as follows:
1
C1:lan,ge fro~ residential to co~~ercial ---,
';:::
..,.....,,-,':1 ~("r-. 0
".J:< '- '..; 'J -L
of S2 ~:;he a s t , ,~ ,~ c- ,~ ',~'1 >a ri

'-"- '-" _) \.J..'.. .••• ,_, '-./ '•••.•.•
"','~ J_ t-,
.:..'~
,-.,L c.;~ ..•.
wh i ch is s 79 J
fe e t lJ:r Brid;e; Ol-"ee~c
t~'1encein a sterly d i r-e c t Lon al said '""C t
~?~~~:~~3
17J~~
~2 e 1: '"
t2~~1f~:~t ~ot~e~~!n~
t~J.el1.C e Nor- (~-:-ie
~11
e:3
:;heg~ed~~~~~27
s ~Tles t 3 25 ~e e t ;
?Je s t
t~ence South de 83 ~est 0 feet; thence South
3r283 ~.3.st ~3et ~o~e or lsss to the Doint of
,.--".~ .",...'"
,~J..,:,.;...i..J...J..
It is h8~2by ascertained ~
ina~ce beinG ~e~essq f0~
p~~8Se~-Ia t i on ~8aC8, ~eal a~Q safe ,the s arne
s ha Ll, bee 00De e in full f02ee o rn 8.l1.c1 8 ft, e l~ its
~'~, ~ _-0
s sed '~i....i.L t:
....• 1 r..
: il '-_f
--1- J
JINAliC2 T P~OilIBIr r TL::l.S

-, ';"")--:; T-T ,'\ 71 T TTS2
~.J '.l~.J' i,:_ci .,
C oun ci 1 of' t he "

v l_ of ';Ioun-
t a i n Ho 1e,
S~~fICli 1. It s~all be unlawful for any ~srson, ~ir~ or

cor~oration to use a ~oJse trailer fon res~dential DurOOS8S in
t ae cit li its of ::Iotmt?in ~IOle,,,,?S, oro no t SlC').
'H'aet,T2I'
trailer Ls ucun t ed on wae e Ls o : r-eaove d f:'''071 'N'18els:1C'Jnted
on a oer~anent foundation.
S2~I'I ~.
? s l?,-ll no t c ens t r-ue d to it
the use of ~railers for res ential DurDoses W"lsn thev are 10-
CS~ t ed on r-e l~l-\,T Li c e ns e d arid
J .rl1e use 01" tl~ailGr~s'3s 0 ~IJ:)-i ~

.JO or stc:~; 'e
heus e s is 'aCil'>sby orohibited unless a cernit for suen se s na 11
be obtained f'r-on tne c it c ounc i L, I'he ~-it~T c ounc t I
nine if tae propcsed location use of trailers for 0 ~b 1 S
a nd St02. ...•9. ~1.0USe8 :188-::;8 all z crri n : rs"
.iount a I n
~ "") .-1
use of v- Yl ~ -1
'-- J_ J..',-1.-
S 02." sGora~~e'lO')SeS ill be Ls s ue d t.re city CO);:'lO 'i L 0

a,fter it et.er-rrl.ne
d t s aa t SUC'l use ill n ot; be a.l v e r s e to t'leJ
.t i c a.n c e r-e s t ,
"'1 •• ", ,
S2CfION 5. arson, fir~ .or corocratie vi 1st a of

t~e previsions o~ t~is ordinance shall be deemed :uilty q nis-
detnean or, ,u.T)on c onv ic t t cn , s 11 be f i ned in s s .", Or''1ot;
less t"lan PiVG .Jell'lC"'s ( • 0) OT'wre t~3n TVJen -'["LVS d oI La r s
S¢OO'3nl e a c'i aCT s":3. v i o l a t Lon sna Tl corrt i nue shallccmsticute
2 separate offenS8n
S2~rI 6. ~ .ordinance oeln~ necessary for

or-e se r-vat i on .of t he lie :Je"'(;8,'1"33.1t1'J:--d safe , all :3-;18l'?~enc~J
n f 11 f'O~r.9
uoan and after its
r'~"', 'r"';"' ',r"
v.;.··.,.;. .. ..;..;.,._ -,--,-'-'--
mTJ"r;'l
,---"" TI-IElTIOF 'CTI-IER, PlTRPOSE.S G
of of
cr eat.ed tb.e position of hee.lth

offioer for the Ci
of the health officer to

to exer-t his efforts to TIC event
eass) to aid t28 cODncil in its
to ,:teterrnine and (" ~
'-,,'
-rr'! eo,'
".-'~'-'':'" tl'l8
"'-,-.'"
U1.
aJ1c1
of 1101.Jl'ltain gO"iJern-
Section The TI12,yor the c; r~e2.1t1J.

crith the of co,
-r~
,--" er
Sectio11 f ailil1.g to
of' tl'J.e ~~ this ordinance
81...11:1
I10-G Les 8 tl~LE'~r:L cOO nor- mor-e tl-_,SJ1
tlJ_c~t said mri sances or 1Jsal trl l'1c.zar'c1s
conf'Li.c t her e-..Tith
In fD~l force and effect from ant

its passage
Passed .-,"!.'""\/.::!
0 •.••1.."-,-
}YTc'.rj ori e i
:?ORTrill TBH ~cu\m SKIt'JER
Ion OF
''J-'J.-'-'-'l.w''~;J' the Cit" of Hountain Home, city of the

second class, OT'InSand operates a mum c i paL wat erworks and s ewer
sv s t em on vht ch~ there
,)
is an- out.s
"- tand - - e- o_-r""::;:.
mg baLanc
- - --- -'00
c[>l3',), ;
of an Lssu e of !/later and SevIer Revenue Bonds dated as of July 1,
1950, authorized by Ordinance N0 107 of the City

0 of Mountain Home,
pass ed and apIJroved September 19, 1950; and
18 of said
~~_'J~w~~~~,Section Ordinance No. 107 aut rizes the
City to issue additional bonds, ra~zing on a parity with the July 1,
1950 bonds, to finance or pay the cost of cons t ruc t-i on of any better-
t-. "
ments or adcitions to the system, provided certain conditions ner ea.ri-
after set out have been met, and the City has had Hocott Accounting
Service, and independent accounting agency of Mountain Horae., Arkansas,
to prepare a report, which shows that the gross revenues for the fiscal
year ending December 31, 1959, do meet these conditions; and
has had Hax A", lIehlburger, Consulting Engineer,

prepare and file plans for improvement to the
murri ci.pa'L vTO.

t erwork s sys t em, s howing an es tima ted cos t of 0,000 for
the improvements hereinafter set out; and
E~J~W~~U, the growth of the city in population, the developement
of industry, and the extension of the residential area make it imper-
ativE that the City make the im)rovements in order to meet the expanding
needs of
.•. l" ts
'.,.; i_ nhabf t an t s s now
••.~"" •••.•.. '..,) ,, __ v' , ~_ ~~, +-hereI~o""e
•••..• 1.
j........,
BE IT ORDAINED
by the City Council of the City of lIountain Home,
_cJ.• ):;:ansas:
Secti6lli __
~..,.rbe Ci - Council hereby finds and declares that there is
immediate need for the improvement and extension of the wat er system now
s erv i nz +ldbe in1J""1,i':-~nTS
""~~'o ,p_v_"o.~~v J1.
r-.t:> saCl.~i d Cit'l-
~ y, Cl.~_ L< a 1)T'-1e'-='
~nQ"1 -1-1,,0.-'- ~, deacr-Lot
.L_~ Lon__ of' +-be*
v_v v_ V)..l.
t ruc t - ~
"- ext ens i.oris ana t ne cons .ruc tn.on OT a "o'_"C',:JDa_
." ." "1 .,d""' - l' s cor-age f'ac i lLa. "ClES,
." a t, an
estimated cost of 4~90,000, to be furnished by the issue of wat s r and
sewer revenue bonds hereinafter authorized~ (All of the im)rovements
and extensions herein described are hereinafter termed the T'ksu and
the collective wat ervo rlcs system arid the SE'Her system, including the
\l4-orks, are hereinafter termed theltSystemll) Detailed::pecifications and
estimates of cost for the iJJ"orkshav e been filed in the office of the
City Recorder and have been examined and are hereby approved by the
City Council, and the Council hereby ratifies and confirms its deter-
nnna tion to cons t rzc t the lIorl:s in accordance itlith said plans and esti-
mates of cost ••
~<deletec' above) proposed improvements is: tel'" line

SECTION 2. That under the authority of general statutes of the
State of Arkansas, and particularly Act No.131 of the Acts of the
General Assembly of the State of "A-rkansasfor the year 1933, as amended
(sornetines hereinafter termed "Ac t No 131, as amen6edlt), va t cr and
s ewe r improvement revenue bonds of the City be Ls su ed in the total
amount of $90,000, the proceeds of which shall be used to pay the cost
of the. TvJor~s,in?~udiJ~~.g, eng~n~er~}lg e.n?_ ~ egal fees; .that the bonds .
be dcs t gna t ed nCl-cy OI Hourrtai.n liome, 11.'1"'1:anSas'---I%
'v,Jater
and Se':IJer
Improvement Re;renue Bonds of 1960111 be da t cd as of S@ptember 1,1960,
be numbe r ed from 1 to 90, both Lnc Lus Lv e, be some t uses herein-after
referred to as r~ondsn, be callable as hereinafter set forth, and nature
in numerical order on Septe,,"ber1 of each year as follo'iTs:
YR~R BOND N08. Jil·l0UNT

r.n Lusi
(both Lnc _,_l J..ve
)
1961 I. and 2 ~1~ 2000

:( and 4
1962 ...)
-:
2000
1963 6 and 0 2000
1'964 7,8 and 9 3000
1965 10,11 and 12 3000
1966 l -, l h and
•.•..•..), _ I
15 ;ono
1967 16 to 19 4000
1968 20 to 23 4000
1969 24 t.o 27 4000
1970 28 to 31 4000
1971 32 to 36 5000
1972 37 to 41 5000
1973 L~2 to 46 5000
1974 47 to 51 5000
1975 52 to 57 6000
1976 s8 to 6:(
--' 6000
1977 64 to 69 6000
1978 70 Ceo 75 6000
1979 76 ~o 82 7000
1980 83. to 90 8000
All the bonds are in the denomination of $1000 each and bear
interest payable semi-al~ually at the rate of 4.90% per a~~lVE.The
Bonds shall be callable for paTTIent prior to maturity according to
the terms set out in the face thereof.
SECTION 3. The bonds shall be signed by the Mayor and City Recorder
and sealed with the corporate seal of the City, the interest upon the
Bonds to be evidenced by coupons thereto attached, signed by said Mayor
by his facsimile s:h.gnature;and the Hayor shall by the execution of the
Bonds adopt as and for hi-s own ;;roper s i gna tu rehi s facsimile signature
appearing on said coupons. The Bonds and coupons shall be payable in any
coin or currency wrn ch on the respective dates of payment; is legal tender
for the payment of debts due the United States of P..merica,at the office
of the bank or t.rust company to be des Lgna t ed by the pur-chase.rof said
bonds"
SECTION 4 .•The Bonds, together vrit n interest thereon, shall be
payable solely out of the Revenue Bond Fund, hereinafter defined ..Said
fund is hereby pledged and mortgaged for the equal and rateable pa~eJ!!lt
of the 'dater and Se'JlerRev enu e Bonds issued by the City under date of
July 1, 1950 and now outstanding, and of the Bonds of this issue, and shall
be used for no pur)ose other than to pay the prinCipal and interest of
all of the Bonds of both issues, exc~pt as hereinafter set out; provided
that nothing hereinafter set out, either in the bond form or in
covenants, shall impair the obligation of the City to the holders
of said July 1, 1950 bonds.
SECTION 5. Said Bonds and cou~ons shall be in substantially
the following form:
UILL TED STA ,S OF JlJlEF,ICA
STATE OF ARCANSAS
COUNTY OF RL'CTER
CIT"t OF HO"CTITTAIIJ
He'llE
_% 1Jater and Selver ImlJrOVement Revenue Bond of 1960

No •. $---~----
K1TOi;,J
ALL }lEN BY THESE PHE'3ENTS:
Tho.t the City of Hormtain Home, in the Courrty of Baxter, State

of Arkansas, for the value received hereby promises to pay, solely
from the special fund provided therefor as hereinafter seth forth,
to bearer the sum of
._---- DOLLARS
on the first day of September, 19 ,\-vit h interest thereon from date
until paid at the rate of :;-::;--------,:-;:-_.-,---:----:::--::::-----:--:. TIer centum( --'%) TIer
-
annum, payable semi-annually on March I and SepGember I of each year,
be gi nn i ng HsTch 1, 1961, upon presentation and surrender of the annexed
coupons as they severally become due. Both principal hereof and interest
hereon shall be payable in any coin or cu rrency 'dhich on the respective
dates of payment is legal tender for the payment of debts &~e the Unitea
States of Amer-Lca , at tile office of _
~,,< Tl:.isbond is one' of -a series ofbonds

aggregating
.
----------
Dollars(S ),
'.""", ::-a-=rl-=;l--o-fr;---::;l-=i'l:--~
e-'
'""""1t--e-n-o-r-a':'""
.L-11.-=d;--e-'r"'"'
f=-e-c.,t-e'---:x-;:c-e-p-,L-a-s--:-t-O-l1-_u-
be r , denonn na ti on, nin
-iJ. t ere st
rate, and maturity, numbered fr~m 1 to ,both inclusive,and issued for
the purpose of improving and extending the municipally ovJned waterworks
system. (All of the new construction and the existing vreterworks and
sewer system now serving the City are hereinafter collectively called
"Sy s t em'") .•
This bond and the series of which it forms a part are issued
pursuant to and in accordance with the provisions of the law and
Consti t.ut ion of the State of Arkarisa s , and particularly Act No •. 131 of
the Ac t s of the General Assembly of the State of Jq;kansas, for the year
1933, as amended, and do not constitute an indebtedness of the City of
HOD.ntain Home Ivitbin any cons ti tu t.LonaL or sta tut:::Jry limi ta t.Lori,Said
bonds are payable from a fixed amount of the net revenues from the
System, \IJhichamount shall be sufficient to pay the pr Lnc Lpa L of and
interest on the bonds as the same become due and payable. Said amount
has been duly set aside and pledged as a special fund for that purpose
and identified as the ItReY'clnue Bond Fund " created by- Ordinance No •. 107
of the City of Hountain nome, Arkansas, pkssed and approved September 19,
1950, and amended by the ordinance under wIllch this bond is authorized
to be issued, and the City of Hountain HOLle has fixed and has covenanted
and agreed to maintain rates for water and sewer services vJhich shall
be sufficient at all times to provide for the payment of the reasonable
r-xpenses of oper~ction, repair and maintenance of the system and to
provide for ~he pa~uent of the principal of andinterest on the bonds
of this issue as the same become due and payable, on a parity -"liththe
wa t er and Selver Revenue Bonds issued by the City under da t e of July 1,
1950 and now outstanding",
This bond is expressly made negotiable by the statutes under
whi ch it is issued, and is issued ~v!i th the intent that the Laws of the
State of A:p;:ansas shall govern the construction thereof",
The bonds of this issue are callable for payment prior to maturity
in invers e numerical order at par and accmi ed int eres t, as f'o'LLowse From
surplus revenue derived from the operation of the System, or surplus funds
derived from the sale of the Donds of this issue; on any interest paying
date; from funds from any other sonrce, on any interest paying date on
and ,:f~er~~p=eml~er I? 19?5.. In the eV~i?t a cqll is m~.d~, t~le City sh,:ll
pu bl Ls h no t i c e 01 SiJ,CD CCL.llfor recemp"Clon once a VleeK lor t.wo w eek s In
some n ews pa pe r- of general ci.rcuLa t tori thro ghout the 'State of Arkansas
eo.ndpib lLs hed in the City of Little Rocl:,Arkansas, giving the number
and maturity of each bond being called, the first publication to be at
leas~ fift~en_c~ys pr~or t? the da~e fi~ed for ~edem~tion, and,after
the aa-ce flxec lor reaemptlon, eacn bona so cal.led wlll cease "Co bear
interest, provided funds for its payment are on deposit 1iJi th the paying
agent at that time.
-1'T' TS
___ _ H' h;T';::;-PV
lT17'l-"7,D
_ T
L""-.LJJ.. V __
m
AND DECLARED that all conditions,
(,,"0p
,.1_1. __ .J....J ,
acts and things required to exist. to be performed, and to happen

precedent to and in the issuance of this bond do exi st , have been
performed and hav e ha ened in due time, form and manner as r equ i r ed
by law, and thQt sufficient of the income and revenue which is deemed
to be derived from the opere.tion of said system has been p.l edged
to and will be set aside into said special fund for the pa~TIent of
the principal of and interest on said bonds.
T is bond shall not be valid until it shall have been authenti~ ,
cated by the certificate hereon, duly signed by _
--- TN
-.-"-' "JII 'T'TTFr:;s
'_-'-_',Wj Bo';"e
\,;TIF:PF"H' fA kansas ,
,--l.r--o,
,Jr.L_~.12JJ~, by t tLs
·f1ne
v_ 0i t"
v_.; IT o f 110'1]'"1
~~_", "a-;'n
,C.L..L _._
City CounCil, has caused this bJnd to be signed by the Mayor and
Ci ty Recorder thereof and sealed i·rith the corporate seal of s a l.d
City', and has caused the coupons hereto attached to be executed by
the facsimile signature of said Mayor, all as of the first day of
Septemberl 1960
(Seal) By
-----,~------------
lJIayor
Attest:
City Recorder
(Form of Coupon)
no .•--- $-----
On the first day of ~a~~QmbeT" 19_unless the bond to whLc h
this coupon is attached isEssoITer-called for ent, the City of
Hcmntain Horne, Baxter Coin ty , A~kansas, promises to pay to bearer,
upon surrender of his coupon, the sum of DOLLARS
in any coin or currency which on said date is legal tender for
payment of debts due the United States of Arrlerica,solely out of
the fund specified in the bond to ,,'Thich tllis coupon ap~oertains,
at the office of ;-----;;-----:-.,.---;-------;--:;:;-----,:;::------~---:~--
being interest then due on its 'liTa Ger and Sev.JerEmp rov emerrt Revenue
Bond of 1960 dated September 1, 1960 and numbered o
CITY OF
By
------.".-;:-------------
On t he back of said bonds is to appear the fol101J\l'ing:.

CERTIFICATE
This is one of the Bonds ag regating$
descri bed ;,vi
t hi.n, ----" ---------
______________ ,Trus tee
By __ ~,...,._--,:---_.;__;:::_;:~---_--
Authorized Officer
----------~-
•.
Section 6. The present rates for vater and sewer services

as fixed by the City Council of the City of 110unta~n HOl:"18, are
hereby continued.
Section 7. The \Iater and Sewer fund, created by Section 8;
tllela tel' and Se'vJerSystems O-oeration and Ha Lrrtenarice Fund, created
by S@ction 9; t tel' and S@1.v-er Systems Depreciation Fund,
created by Section 10; and the autbority set out in Section 18, all
of said Ordinance No~107, are hereby continued as therein set out.
Section 8. Section 11(2) of said Ordinanee No. 107 is hereby
amended to read as follows:
2) There shall be na Ld by the City Treasurer from
the Water and Sewer Fund into the Bond Fund, beginning on the first
bus i nes s day of the month after the delivery of the bends and
continuing on the first bus Lnes s day of eac h mcrrt h thereafter until
all the :Sonds th interest iss,ced uno er Llis ordinance hav o been
paid. in full, or provision mace for suc h paynierrt , a sum equal to
one-fifth(1/5) of the next installment of interest and one-tenth
(1/10) of the next ins tallment of lJrincipal of the Bonds of July 1,
1950 and these Bonds, and the paying agent1s fees, until a reserve
of $17,000 has been accumu l.at ed; provided, nowev er , t t when in any
fiscal year no principal or interest of the bonds of either issue is
in default and the reserve in said Bond Fund equals 7,000, the
amount so payable e2ch month into said fund shall equal one-sixth
(1/6) of the next installment of interest and the paying agent's
fees, and one-twelfth(1/12) of the next installment of principal and
the paying agent1s fees."
Section 9 •.The Hayor and City Hecorder are hereby authorized
and directed to advertise the pub'l i.c sale of the Bonds by publication
.,
.'
"... '
once a week f::;rtb~ee weeks, beginning not less than twenty days
before the date of sale. The notice shall be in such fOTIn as they
deem best and shall include the right to convert to Lower interest
rates, to give the buyer the option to name the trustee and paying
azb en
Lrt
L •__ l.~"'r'-""'"Tide'':'"
anc" '"'''- l., G tG,,ne
J- __ buver
'-''-'-.J s hal
uo. __ .av tG ••he· co.'~st.... o -f' nr-Lnt
J :Jo." 1 .•.- i.npo }o-frhe
i.J_~ 0
bonds and the fees of the trustee and the bond counsel.
Section 10. Nothing in this ordinance is intended to or shall
be construed to impair the obligation of the City's contract with the
holders of its July 1, 1950 bonds~
Section 11 .•The 11ayor is hereby directed to publish for one in-
sertion in the Baxter Bulletin, which is hereby found and declared
to be a newspaper published in and of general circulation in the
Ci ty of Iiountain Home, Arkansas, a certified copy of this ordinance,
preceded by a notice signed by him in substantially the follovling
form:
NOTICE
Notice is hereby given that the City Council of
the City of Mountain Eb~e, Arkansas, has adopted the ordinance
hereinafter set out; that said City conte~platES the issuance
of tbe bonds d-::scribedin said ordinance; that any person interested
may appear be f'ore the Ccunc i L on the day of 1960
, at 7;30 p. in the City Council Chamber in the City of Mountain
Home, and he "'dillbe heard .•At SL1.chhee,ring all objecti:::ms and
sugcestions will be heard and the said Council will take such action
as is deemed proper in the premises.
Dated this day of 1960
l1.ayorof Noun taLn Horne,Arkansas
Attest:
City Hecorder
Section 12. The City Council hereby finds and declares that
+he 7-,.OSS rev enues neT'ivPd f rom the oneration of the vrat er and seller
~y;t~~s fo; '--
the '-'fis;ai
-y;ar - en-ding De~Ember 31, 1959, wa s sufficient
to provide for all costs of operation, repair, maintenance and de-
preciation of said systems and leave a balance equal to at least 150%
of the agregate of principal and interest paymen t s for that year on
all bonds then outstanding and the fiscal agency charges therefor, and
the average requirement for one year of principal and interest pay-
ments of these bonds.
Section 13" It is hereby ascertained ::o.nddeclared tl1.3.t there
is immedi t e need, in order to prot the hei I th and property
of the inhabitants of the City of Vwuntain Home, Artcansas, for
improvement and extension of the municipal 'd",tenrorks system;
therefore, an emer gsncy exists and this ordinance is necessary for
the preservation of thec)"J.blic peace, health and safety, and shall
ta~c=e effect and be in force w Lt.hou t delay from and after -i ts
pa s sa g e ,
Passed: A_u~~~~ol_~s_-_L_l_'5 1960
Approved:
Pete Shiras
Hayor
At est:
Esther Scharlau
Acting City Recorder
CERTIFICATE
I, the undersigned, acting City Recorder of Houn ba Ln Horr.e ,

A:r};:ansas, bereby certify the foregoing to be a true copy of an
ordinance passed by the City Council at a duly called and consti-
t.u ted meeting he Ld August 15,1960, at wrri c h more than tl'JO-thirc1s
of the total number of members-elect of the COl..inc i L ',vere p r e s errt
and voted for said ordinance, which is now of record in Book-h,
page , of the records of said City.
CERTIFIED under my hand and the seal of said City this 15th
day of August, 1960.
Esther Scharlau
ACLing CiLY Recorder
(Seal)
ORDIlffiNCEI~BER 152
AN ORDHffiNCEMEENDING NO. 151
ORDINANCE
OF THE CITY OF MOUNTAIN
HOME,APJ{F.NSAS
ANDDECLARING AN EMERGENCY.
VvdEREAS,by Ordin~~c3 No. 151, pass3d August 15,1960, the City of

Mountain Home, Arkansas, authorized the issuance and sale of $90,000 in
4.90% revenue bond~ for the purpose of making improvements and additions
to the waterworks system, and directed that they be sold at a pUblic
sale after due advertisement; and
Whereas, notice of s6-id sale was duly published in the Baxter

Bulletin and proof of publication has been filed with the City Recorder,
and the sale was held as advertised at 1:00 PM Se}tember 7, 1960, and
at sqid sale Stephens, Inc. of Little Rock, Arkansas, bid par and
aocrued interest for the proposed bond issue and agreed to pay the costs
of the printing and trusteeing of the bonds and the fee of bond counsel,
and this was the best and highest bid made for said bonds and accordingly
the bonds were sold to the said bidder; and
WhEREAS,the buyer has exercised the option to convert the bonds to

lower rates of interest and has submitted schedules showang that the cost
of maturing $90,000 in 4.90% hands according to the notice of sale is
$145,468 and that the cost of maturing the bonds converted to $98,500, of
which the first $39,500 bear interest at the rate of 3 3/4% per annum and
the last $59,000 bear interest at the rate of 4% per annum, is $145,022.50,
or a difference of $445.50, so that the conv~rsion complies with the terms
of the sale notice, and the buyer is ready to accept the bonds as soon as
the City can legally make deliVEry; now, therefore,
BE IT CRDAINED
by the City Council of the City of Mount~n Hcme, Arkansas:
SECTION1. That the sale of the bonds to Stephens Inc. of Little Rock,
Arkansas, at a price of par and accrued interest for bonds bearing 4.9C%
interest per annum, and the conversion of the bonds from $90,000 in 4.90%
bonds to $98,500 in 3 3/4% and 4% bonds maturing as hereinafter set out, are
hereby approved.
SECTION2. That Section 2 of Ordina~ce No. 151, passed and approved

on August 15, 1960. is hereby amended to read as follows:
Section 2. That under the authority of the general statutes

of the State of Arkansas,. and particularly Act No. 131 of
the Adts of the General Assembly, of the State of Arkansas
for the year 1933, as amended(sometimes hereinafter termed
Act No. 131, as amended'), water and sewer inprovement .
revenue bonds of the City be issued in the totaih amount of
$98,500, the proceeds if which shall be used to pay the cost
of the Works, including engineering and legal fees; that
the bonds be designated I Ci ty of Mountain Home, ss: kansas,
--fo vvater and Sewer Improvanent Revenue Bond of 1960,1 be
dated as of Sept elnber 1, 1960, be numbered from 1 to 99, both
inclusive, be sometimes hereinafter referred to aslBondsl ,
be callable as hereinafter set forth, and mature in numerical
order on September 1 of each year as follows:
YEAR BOJ\iDNOS. AMOUNT
(both :inclusive)
1961 1, 2 and 3 $ 3000
1962 4, 5 and 6 3000
1963 7, 8 and 9 3000
1964 10 to 13 3500
1965 14 50 17 4000
1966 18 to 21 4000
1967 22 to 25 4000
1968 26 to 30 5000
1969 31 to 35 5000
1970 36 to 40 5000
1971 41 to 45 5000
1972 46 to 50 5000
1973 51 to 55 5000
1974 56 to 60 5000
1975 61 to 66 6000
1976 67 to 72 6000
1977 73 1:;:0 78 6000
1978 79 to 84 6000
1979 85 to 91 7000
1980 92 to 99 8000
"Ail the Bonds a re in the denomination of $1000 each except
No. 13, which is in the denomination of $500. The bonds bear
interest payable semi-cannual.Ly at the following rates fEr a mums
Nos. 1 to lfJ, inclusive, at 3 3/4%, and Nos. 41 to 99, inclusive, at 4%,
and they are callable fur payment }1Driorto naturity according to the
terms set out in the fa ce thereof. The Commercial National Bank
of Little Rock, Arkansas, shall be the Trustee and place of payment
for said Bonds.!!
SECTION3. It is hereby ascert ai.ned and declared that there is imrnediate

need, in order to protect the health and property of the Inhabi.t.aat.s of the City
of Mountain Horre, Arkansas, for .impr ovement and extension of the municipal
"Waterworks system; therefore, an amergency exists and this or-di.nance .Ls necessary
for tre preservation of the public peace, health and s af'et.y, a rd shall take
effect and be in force "Without delay from and after its passage"
Passed: September 19, 1960.
APPROVED:
lsi Pete Shiras

Mayor
ATT::ST:
M Mar jorie L. Harned

City Recorder
ORDINANCE
NO. 153
AN ORDINANCETO ENCOURAGE THEDEVF'.J,OPMENT

OF
INDUSTRY FORTHE BENEFIT OF THEINHABITANTS
OF THE CITY CFMOUNTAINH01CE,ARKtl.NSAS
WH~REAS,the citizens of Marion County ard of Baxter County, Arkansas,

are presently engaged in a joint effort to sec ure end develop industry
within the said Counties by undertaking to c cnstruct a factory for the manu-
facture of wear-ing apparel, to be operated' by a corporati on to be known as
Mar-Bax Shirt Co., Lnc, , an d
VVHEPtEAS,
the success 0 f the undertaking depends upon maintaining an
adequate supply of female labor for per-scnne L with which to operate the said
factory; and
WHEREJ\.S,the establish ..ment of the proposed factory will inure to the

benefit 0 f the inhabitants 0 f the City of Mountain Home, and it is to the
best interest of the City of Mount ai.n Home that said factory be constructed
and operated:
BE IT ORDAINEDBY THECITY COUNCILOF THE;CITY OF'1rOUmAIN HOME:

NOV!,THEREFORE,
Section 1. To induce the creation of Mar-Bax Shirt Co, , Lnc , , or other

corporation for the purpose irrespective of its name, and the operation by th e
said corporation, as Lessee, or unde r such other provisi ens as may be found
acceptable, of the said factory when constructed, the City of Mount ai.n Home,
,t,.rkansas, does hereby covenant and a gree that it will not undertake, thro ugh
the issuance 0-£ bonds urd er- Amendment No. 49 to the Constitution 0 f the state
of Arkansas, or under Act 9 of the First Extraordinary Session of th e Sixt .. r-
Second General Assembly of the state of Arkansas 0 f 1960, or by any other
means now permitting, or vh i ch nay hereafter authorize th e issuance of bonds
for the pir-pc se , or by any other l'7e8J."1S whatsoever, directly or indirectly, to
establish, or to encourage the establishment of, v\)ith:L.'1.
or near the City of
Mountain Home, 8J.'1.yindustry 1i~lich w i.l.L employ female labor so Icng as the S3.id
Mar=Bax Sllirt Co, , Lnc , , or other corporation, has 1."1its employment not less
than four hundred (4,)0) employees after the first uvo sears of operation, or
the same proportion of Employees per square foot, if an addition or additions
have been aided ; provided, however, the City of Mountain Hane may participate
in t he estahlishment of new industry within a- rear the City upon the cccurrence
of all of the following events:
(a) An accurate survey reveals that there is available a surplus

of female labor w it hiri the ages of eighteen to thirty-five YES..rs
in ecce ss of th e then needs of the industry in Marion and Baxter
Cmnties , Arkansas;
(b) Such new industry does rot require more ferna Le labor than the
amount of such surplus, taking into consideration th e fact that,
industry normally requires a ratio 0 f three to one between the
pool of available Iabor- and the number of employees actually
required; and
(c) Prior written consent to the establishment of such new industry

employing ferra Ie labor sha Ll. have been given by th e Maa--Bax Shirt
Co., Inc., or other corporation, v1hich consent shall not be un-
reasonably witrilleld.
Section 2. The City of MOLJ ..ntain Home f urt.he r covenants and agrees that
it will not undertake to establish, orto encourage the establishment of, such
new industry employing female labor, during such per:i.od of time Vlhen the operation
of the said factory is interrupted or shut down owing to causes beyond th e control
of the said Mar-Bax Shirt Co., Lnc ; , or other psr s cn or persons operating the
said factory, such as strikes or Jabor disputes on the lease pr emises , so long
as thereis no default in the payment of any rentals due from the said Mar-Bax
Shirt Co., Inc. or other corporation.
Section 3. This Ordinanc e is and shall be a contract w rt h the said
Mar=Bax Shirt Co. ~ Inc., or other corporation, and with its successors and
as signs 8:) long as the said fac t or-y she. 11 be and continue in ooer-at Lon,
exc ept as D rovid ed :in Secti on 2 hereof.
Section 4. It is specifically provided that this Ordinance shall not

apply to any aid the City nay decide to render to Breil-Rodgers Cotton Goods
Company and shall in no way interfere with the operations of existing
facilities of that plant.
Section 5. This Ordinance shall be in full force ani effect from and
after the c onmencement by Mar-Bax Shi It Co., Inc. of a program for the
training of its personnel.
Dated: September 26, 1960.
A.PPROVED:
/s/ Pete Shiras

Mayor
ATTEST:
/$1/ Marjorie L. Harned

Recorder
tSEAL)
ORDINANCE NO. 154
AN ORDINANCE FOR THE PtlRPOSE OF GRlilJTINGTO THE 110U1JTAINHm;;:]"';

BUSINESS Al\j)PROFESSICITAL WOllE.NSCLUB, A NOH-PROFIT ORGANIZA-
TION, A FRANCHISE FOR A PERI OD OF FIVE YEI\.RSTO ATTACHADVEP;..
TISING DISPLWS TO PP.. RKING HSTERS IN THE CITY OF VOuIITAIN
nons, P~'RJvUTSAS,TO CHA:.1i.GE
ADVeRTISERS FOR THE USE OF SAID
SIGI\1S PEPEP.LII\TG J\'LL OP:.DIl~JilJC~SIIT COIJFlJICT :H3Pt.E1r.JITH¢)D-SCL/iRI~JG
AN EMERGENCY AND FOR OTHE,.1i.
PlJRPOSES. '
1rJHERE~S,The City of H01..

irrta i.nHome O"D.S, installs, ma irrta-.ns and operates
parking meters in and upon its various public sid~lks, c~rrbs, street and ways;
and,
l,fJ:-IEREAS,
TI-IE Hountain Home Bus ine ss and Professicnal iJomens Club is a non-
profit civic organization operating in the City of Mom~tain Home, Arkansas, for
the public good and welfare; and,
1~IEREP3, said MOlliTltainHome BuSiness and Professional Womens Club has an

advertising device b~ovm as Bv~ Signs, which is attached to parking meter posts
and advertises various businesses and concerns; and,
W~IEREAS, The money obtained from the installation of said signs by :alQ
Hourrtai.nHome Business and Professional "clomensClub is to be used for civic
projects or betterment of the corr@unity; and,
11f.l:JEREAS,
it is necessary that as a p;r:rerequisiteto the sell:"ng and install-
a~lon of said advertising devices by MountarR7Business and Professional Womens
Club that it have an exclusive franch~se for the installation thereof. IT IS
THEEEFOEE ORDAINED BY THE CITY OF 110m~TAIN HOLE, AFlXl)JJSAS,AS FOLTOlrJS:
Section 1. That for and in the consideration of the sum of one dollar
.00) and other considerations hereir~fter set out, Mountain Home Business and
Professional Womens Club, a local civic organization, is hereby granted an exclu-
sive franchise for the installation and maintenance of advertisjng signs,not to
exceed 9xl2 inches, known as P}~ Displays, to be attached to parkjng meters in the
City of MOlliTltainHome; thzt said Hountain Home BusiBess and Professional Womens
Club sha'lL be granted the right and privilege to charge adv2rtisers for the use
thereof and keep all the profits and proceeds therefrom.
Section 2. This franchise shall remain in effect for the period of five
years and so long as the HO~Tltain Home BUsiness and Professional Womens Club shall
use the proceeds therefrom for civic improv8nent or betterment of the con~LuTlity,
said use to be determined try- the Mountain Home Business and Professional Womens
Club and so long as the advertising displays are maintained in a reasonable attrac-
tive condition; as a further consideration for thjs franchise, the MOuuitain Home
Business and Professional ~{omens Club must pay the city of Hourrba i.nHOTHe th- sum
of one dol] ar ($1. 00) per year, the payment, of "vThichalong ',ri
th performance of the
other requirements will keep this franchise in f'ul.Lforce and e.ffect for the tenure
of this franchise.
Section 3~ The City Council of the City of llo1JntainHo' e, reservesthe right,

in case of dispute, to make the decision as to the type of advertising or the
advertiser's on an3T sign at any location.
Section 4. All ordinances or parts of ordinances in cor£lict here"nth are

hereb:y-r epee.Led,
Section 5$ If any portion of this ordinance shall be found to be void for

any reason vha t.soever, said vo idne ss shall not ef'feet the valid:'ty of the remainder
hereof and this ordinance is hereby declared to be separable.
Section 60 This Qrdinance~eing for the purpose of pronoting civic improvement

and for the betterment of the corrmunity as a whole, an emergency is hereby declared
to exist and this ordinance shall come into and be in effect imrnediately upon its
passage and approval.
ORDInLUJCE # 155
ORDIl1A.NCE REQUIRING TI-IE PROCURllIENT

OF A PF.PJ'HT TO ESTABLISH A mU'7EH.AY
l1TTEPLSECTIITG: STBEETS
BE IT ORD.AIITED BY THE CITY OF
Section 10 That no one may build or est2blish a driveway Irom

property abutting any street or public roadway L~ the City of
110illltainHome, )~~k~~sas, unless he has first obtained a permit
to be is"ued by the Street Commi.s s.ioner- of the City of £lol.mtain
Home, i.l..rkal1.sas
0 'I'heStreet Ccmmi.ae i cner- of 110lIDta -i n Home, Az-kansas
shall not grant a perr~t for a~yone to build a~d/or establish a
ctriV81Jay f'r-om pr-oper-ty abutting a:..YJ.y street in the City" of f.rlountai..11
Home, ~A.rJ:ansas, un.Less adequat.e pr-ovi.s.i.ons ar e made for J.ra:L..J..c~ge
l.L~dersaid drive~~y so tr~t in the discretion of the Street
Commjssioner said orainage sh411 be adequate for proper nraina~e
of surface waters from the cDrbing a~d the ditches and said streets.
Section 2G That no one may build or establish any side~Talks, cur-bs

or gutters, adjoining or adjacent to any street or public roadway,
L~ the City of MOl.mtain Home, Arl{ansas, unless he has first obtained
a per~it to be issued by the Street Commissioner of the City of
Mountain Home, ArY4nsas.
Section 3. 1L~yone lilo sha Ll, violate any provision of this ordinance
shall be guilty of a misdemeanor, punishable by a fine of not less
than ~~1.00 nor more than ~~50.00. The i.rnpositionof one penalty for
any violation shall not eJccuse the violation or permit it to continue;
and all such persons shall be required to correct or rev£dy such
violations or defects within a reasonable time; and when not other-
w~se spec~fied, each ten days that prohibited conditions are rr~in-
tajned sha'Ll,constitute a separate offense.
SectioTl L('0 This ordinance shall 'take effect and be in force f'r-orn
PASSED MJD APPRO"VED this 1st day of Ha;y-,1961.

ORDII'JAI~CE # 156
1U~ORDINIUJCE lWOPTING A FIRE PR~\~NTION CODE PP~SCRIBING

REGTJUJ.TIOtTS GOVERlTII~G CC1IDITIOl'-TS liA2~4.F..DOUS TO LIFE 1llJD
r'ROPER.TY FROl'l FIRE OR EXFLOSIOiJ
BE IT OPilllJ1TED T:f'T T}IE errs OF }I01J1\TT~J]\T
Section 1. Adoption of Fire Prevention Code.

There is hereby adopted by the City of Hou::'1.tainHome, Arkansas, for
the purpose of prescl",:tbing r-egul.atd.ons governing conditi(jns hazardous
to life and property from fire or explosion, that certain code blown
as the F-1re Pr-everrt i.on Code, .AbLrev'iated Edition, reC0m.I11811ded ty the
National Board of Fire Und8rvn~iters, being particularly the 1960
edition thereof, save and except such portions as are hereinafter de-
..LSi••"ea.,
- .J..
rnOQlll6u.
0
OJ..~
:J'
amenceu, ~ 1--,.' r! + ~
01 wru.cn CO-...l.8 D.Ou Less
, - ~. ;) 1-1
~ ' r ":1 ~
Vl .•.an t.nr ee \./')
.J.. 1~"
copies have been made and now are filed in the office of the Clerk of
Cit:r of lvlOuIltain Home, Arl{allsas, arid tl1.e same are her-eby adopted
and incorporated as fully as if set out at length herein, and from the
date on this ordll1ance shall take effect, the pro\~sions thereof
8118..1lbe corltl~olling 1!Ji tllin tIle lirn.i ts of t.he Ci tjr of Motmtain 11:0TIB,
Jirkal1SaS ~
Section 1A¢ permit vi1ich nay be issued pursuan0 to ~ection 10 of

the af'or-emerrti.oned f Lre pr event.Lon code shall be va'l id for a period
not to exceed one year from date of issuance.
Section 20 Klforcement0
The code hereby adopted shall be enforced the Chief of the Fire
Department $
Section 3@ Definition~
l!lTlTere,rer tl'1'8 110rd 111/h:micipali t~rn is used in tll.e code hereby ad..opted,
i-t shall be t.o mean the City of lIollil.tain I-IoII18, l-lrkaIlsas ~
Section Establisr.uuent of LiDlits of D5_stricts in storage of

F'Lammabl.e Liquids In Ou-tside Abo-v-eg-.coUl'ld 'I'anks and B'ulk
Storage of Ld.quef i ed Pet.r-o.Leum Gases is to be P~estrictedf$
The limits referred to in section 73 of the code hereby adopted in
which storage of fl&l®able liquids L~ outside above5£o~nd till1ks is
prohibited, and the limits referred to in 2ection 103 of the code
adopted, in bulk storage of l~quefied petroletLm gas is
r-e st.r Lc t.ed ,
__ '- __ ,-,~-...l. ~'i"""'~-.....
••••••.•.. 1'1C:~"""_' 81Li~T.
...' es tabl.Lshed
vv_· __-'-•.....•...•.
•...••..•.•.•. _ ~s f'o.l'.J,..v,,·<
a. Lovs__; h.l"'1'\T'T,rl ..• o.-(l'c,
~j..dW\il.l.V ..•..V iri+l"';.!'TI
v·J __ ·v_.:..,J....l.
.•. +1;"0
V·L,-,
linuts of the City of tain Home, Arkansase
Section 5e l/lodificaticnsa-
The Chj_ef of the Fire Department shall have pover to modif'y aD.3T of the
pro\Qsions of the code hereby adopted upon application in ~Eiting by
the ovmer or lessee, or l~isduly authorized agent, when there aTe
practical difficulties in the way of carrying out the strict letter of
the code, provided that the spirit of ~n8 code shall be observed,
Dublic safety secured, ffi~d substantial justice done. The particD~ars
such m.odifica tions when grant.ed or a'LLowed and t.he decision of t.he
Chief ·cf the Fire Department thereon shall be entered upon the records
of the department wLd a Signed copy shall be fur~ished the applicant.
Section 60 Appeals
Tlher18ver the Ch.i.ef of the FiI~e Department shall d.i sappr-ove &"'1 application
or r ef'uee to grant. a perni.it appl.Led for, OX~ vhen it is c'Ladrned that tJ:-18
pz-ov.is.ir.ns of the code do not apply or t.hat. th;2: tr·D~e intent and meam.ng
of the code have been misconstrued or wTongly interpreted, the applicant
may appeal from the decision of the Chief of the Fire Department to the
Cit~T Counci.L of I'lountain HOIne, ....
4.rlcfuJ.sa51Y"ithin]0 daJTs f'r'on date the
dec i,s i en appea.l.ed &
Sec't ion 7 Q
person 10ho st~ll violate any of the provisions~ of the code

adopted or fail to comply therewith, or 1~ho sna~~ violate or
fail to comply with any order made there~L~der, or who shall build
in vi o'La't.ion of any detailed sbat.emerrt or spec.if'Lcat.Lons or p.Lans
submitted and approved thereunder, or any certiTicate or permit issued
tl,}2r~elli1der, and f'r-om vh i.cb .. no appea.I has been or 'iJJho shaLl. fail
to such an order as affl~med or the Ci COLillcil
of , l;X~an~as, or by a CODrt jLIT isdiction,
4
\/Tithilltile tiJJ18 af'f' ixed ~er~8in, 311211 sever'a.l.ly f01'" each and e"\!Cry such
violation and noncompliance respecti be of ~ sdemeanor,
a fine of not less 000 nor more th~1 00 or
fOI' not les-s t.han one day ~_101"" noz-e than s ix months or
fine and The sition of one for
any violation srBll not excuse the l"'G tc
and all such persons shall be to correct or"
tiOJ:1S or def ec't.s "\:Tit11il1. a r'ea sonabl.e ti.L""D.e; and ~;-~leD.not. othel~'T1ise
.:J s each day s t11at bi ted cond i t ions are maintained sha.l L
constitute a S8Darate offense$
of the above penal sha'l L 110t be to

the enforced removal of bited eonditions$
Section of Conflicting Ordinances

i~ll f ormer ordinances or parts thereof conflicting 01"" Lncons i st.ent.
of this ordinance or of the code
a/0
The Ci Co+no i.L of F-IOYL8 j :teclarss that

ehou.ld an,;;-- section, sentence 0':;:
the code adopt-ed De declared for it lS

the Ci OI trJ.9.t
havs passed of this ordinance of the elimin=
a tion hsr-ef'r-om of any such ~s may be declared ir0Talido
Section lOQ Date of
and after its

approval as
Dated 1,lay- 15,
darned, Recorder
OF
~"~CTJNTJ.uJJ
adopt.ed bJC"" the CitJT of l-~OlJ.l1.tai::J. :Hene, Arkansas

::-OI' t.hs 'sst8~blisl'1=_ng r u'Les and r egul ati:=:ns for t.he
-tic::.., deDlolit,ion,reql,:ipmentr, us e and
oc cupancy , and maint.enance of bua.Ld ..~:qgs and st,l"'-clct-;..:.res·,
in cLud in g pena:t~es, that c8rtai~1 b~ilding code kno~n~
by· the Nati onaiL Code, libbr~e\liates. t:'011 r2coI1IL811ded
t~e National DO&r2 Firs Un~eT~~ite~s, bsi~g partic0~&rly the :955
sditi::n vho Le tl'l;~l""'eof, save 21d except, S"L1cb. pcr-t.rons
Dodi£ied or &~ended, of which jot les3 tt&n
COplSS :lO-IrJ- are filed in tb.e office of t.he cLerk
of the City drl:ans2s, and th3 S&N8 are adopted
and .incor-por-a+.ed as full~,~""as ~.p at Length h:::rei:l, SJ:1d~f'r-om
the date 8~ w~ich this ord~l&nce tcJc8 effect, the prov~sions
t~Clereof sha.lL ::8 COIltrolli~~g\"",iT: the cbl1st,r::~ction of &J..J_ bu~lii:'1gs and
ot.her st.r-uct.ur-es \\ii tb.il'J. t.he c\~rpora te ~Lilits of t.ne Ei of :"~OU.Il-:'<ll ~,~
Hcme , J:i::-~l:;:allSa.s Q
of Off
Establis~!l~e~t of B~iliing Officiale
office of bu~ld~~g o=f~c~al hereby cysated fu~d tbe execut.Lve

official ;~ cha~ge chall ~e the buildi~g officia1 0
(t) The b~ilding official ?lJPGi,L"'1..lc.ec1 t.he T·Ji tIl t.he
approv~~ of a majority of Ccunaf.L, His appo.lrrtmerrt sha.Ll,

contin~e dUI~~ng good beha7ior &lld sat=-sfa~ctcl~J~ servace, Hs sha l.L :J.o-c
0,2 r-emoved f'r-om of'f i.ce caUES af,ter full opportlli~:ty has bee~
char-ges
, \
~c) te3porary or disa1)ili the b-'-:.ldingofficial the

a~poi~tingauth0ri~! sesig1:ate 81 acting:, 1Ju~ildiJlg off:.ciale
Duties
shall be t.he ~~e build~ng official to all 12.~"TS re-

La tin.g t.o t1:18 ~lteratiGn, removal,
buf.Ld.ings 5..;.~C~
S-SC-CiOl-:
in t.he of 1~
pr-oper' iC_81'lt:i.fic shall have a~t2or~ty

t:"IT8 Ol~ l)remlse ~ny reasona=lsho~~~
SectiOl} J 0 ir.:.i ti::ns ~
( \
(a) ~s used lL the b~ilding code , it·
sll.all tai::1. Home, Arkansas ""
i-'=o-LTI'l
""Cerm nCorporation C01JTlSel "UseG b-CLilj~~g code,

i t s~l.Eill .,e held tc mean. t.he At.t.or-nev for of I:ToL,,8, .!21r}CB.11EJas e
Sec t.Lon Fire Li~its EstablishesQ
lL--:lits of the Ci t:l of l.'Iolli~tairl Home, Arkansas , ests..o--

as folJ_011S: Beg.inn mg at a point 200 :e8t East of the intersection
of 9t·b. Stree~ and Chur-ch 2,t.reet , r1Jl'1 +hence 3.-:..18 1Jor-t.h to a' point t1~TO
fest Nort.h 0: Firth Street, t.hence lIest to a .'"'t, 2CO feet of
HiG~rcOl~J7Street, thence so~th to a point 200 fsst So~th ~f 9th St::et, ~h~nce
:2:ast to a pcint-200 feet EasD o~ Ch~ITch thence ~orth to ~ne POlTI0 of
Section 7 e Sava.ng C'Lause e
in this or d.inance or in the COO.8 hereby adopted eha Ll, "be con-
str-ued to eff ec t any sui t cr proceeding nov pend:"ng Ln any court, or
any acquired, or J_~ability Lncur-r ed , nor any cause+or- cav..ses
of action accrued or eXisting, lli~der &ly act or ordinance repealed
hereby Nor sr~ll any right or
$ or m~y character be lost, Lu-
palred or effected by this ordin~nce$
Section Validity~
Tr-.L8 irrv3.1idi ty
of any sSC-::_O!l or provisio11 of trlis ord inance or of +he
code her eby adopt.ed sha l l. not Lnva.li.da'te othel~ sections or provi.s.icns
t.her eof e
S e ctiOl1. 9 e Inconsistent Ordir~nces Repealed.
Ordinances or parts thereof in force at t1J.8 til'Tle tb.at t>;is cr d.inance

sb.all t.ake effect and Lncons.ist.errt her-evt t11, are hereby repealed.
Section 10$ Itmendments r~de in Said Code G
said code lS amended and changed in following respects:
(1) Sections 47 and 48 are deleted$
Section ll& Da-'c~eof Ef'f'ec t ,
This or-dana ..nee shall t.ake effect s ixty day s af't.er- its approval as re-
qu.i.r-ed by
Dated 15, 1961

AN ORDINANCE TO CREATE A BOARD FOR EXAHIlJING AND LIC:SNSING JOURJ.\JEYHANELECTRICIANS,
lsHNTENANCE ELECTRICIANS, APPRElilTICE2 AND HELPERS, AND TO PROVIDE FOR THE LICENSING
OF PE-"R.SONSENGAGED IN THE BUS: NESS OF ELECTRICP...LCOWeRACTING, ELECTRICAL REFRIGER •...
ATOR CU'TTRACTING, ELECTRICjiL REFRIGERATOR REPAIR CONTRACTING lUll ELECTRIC.1I..L SIGN
CONTRACTING: TO PROVIDE FOR RULES' ~tlNDR:SGuL..tlTICmS
FOR LICEl'JSING SUCH PERSONS OR
FIRNS: TO PR::SCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE: PROVIDING THAT
INVALIDITY OF PART SHALL HOT jg;'J:'ECTVALIDITY OF REl':A.HTDER:REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN COIJFLICT HERE~rrTH, AND DECLARING AN EHERGENCY .•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUNTAIN HOllIE,ARKANS.4.S:
An Ordianance providing in part for the establislliuent of a Board of Electrical

Exawiners, such board having the POl4er and duty to examine the qualifications of all
persons, firms, or corporations who are engaged in the business of contract electrical
wiring work or installing electric ,dring, lightinfixtures or apparatus operating
at a potential of 30 volts or mor~; incorporating the National Electric Code as
approved by the American Engineerlng Standards Committee and in conformity ldth the
additional rules and regu~aticns set forth Lu the Ordinance. Enacted }hy 15, 1961
and declared operative as of that date by the following emergency clause .•
"I'hat, new constructiondn the City of Nountain Home is rapidly increasing, and there
is inadequate protection furnished the general public concerning electrical ~~ring
in such constructiGn.. It is common ~~owledge that inferior work upon electrical
c'·' "Tiring results in fires ,'loss of' life and property, and general inconvenience, 8.J."1.d
unless the provisions of this ordinance are placed into effect ~umediately, the
public peace, health and safety ,illl be adv8rsely affected, therefore an emergency
is herebJT declared to exist and this ordinance shall be in full force and effect
from and after its passage and approval.1I
Three copies of the National Electrical Code and three copies of additional rules
and regulations of Mountain Home, Arkansas, are filed in the Office of the Clerk of
the City of Mountain Home, Arkansas"
Attest:
OlIDINANCE #159
AN OlIDINjI.J,TCE
CREAT] NG THEOFFICE OF C'TY INSPECTOR JUJD COJVLBINIHGTHE
OFFICES OF BUILDING, PLUNBIIJG, ELECTRICAL .AND GAS INSPECTORS, PRESCRIB=-
ING THE QU.A~IFICATIOJ'JSTHEREFORE .lUllDUTIES T1-'"EREOF;AND FOR OT:b:ER
PURPOSES e
BE IT ORDAINED BY THE crrr COl!1,TCILOF Th'E crrr OF MOUNTAIN Hmili, .A...R.Y.RJS..AB:
Section 1.. Creat:'mg Office •.
There is hereby created and established the office of City Inspector of

the City of Nou.ntain Home, Arkansas, who sha.Ll,be a ppo.irrtedby a maj ori ty
vote of the City COUJ.'1cil,and who, shall serve and hold office at the will
and descretion of the City Council.
Section 2. Qualifications •.
The City Inspector shall be of good moral character, and shall be versed in
the approved methods of building, electrical, plumbing and gas construction
and installation, the statutes, laws and ordinances of the State of Arkansas
and the City of Mountain Home, Arkansas, relating to building, electrical,
plumbing and gas work; and the National EI~ctrical Code, and the Arkansas
State Plumbing Code, and shall be qualified to perform the duties of the
building, electrical and plumbing inspector"
Section 3.
It shall be the duty of the City Inspector to see to the erJorcement of all
ordinances and proviSions relating to buildihg ot zoning and to inspect all
building or structures being erected or altered, as frequently as may be
necessary to insure compliance 1<Tiththe ordinances of the City of Hountain
Home, and to perform such duties in connection with the issuing of permits
and collection fees as from time to time prescribed by the City Council •.
Section 4. Ex Officio Electrical Inspector.

The City Inspector shall act as ex officio electrical inspector, and shall
have all the powers and perform all the duties connected 1nth tr0t office.
Section 5.
Ex Officio Plumbing and Gas Inspector .•
The City Inspector shall act as ex officio plumbing and gas inspector and
shall have all the povers and perform all the duties connected 1nth that office •.
Section 6.
Sal~J and Renumeration.
The City Inspector shall receive such salary and remuneration as shall be
from time to time fixed by resolution of the City Couno i.L,
Section 7 .•
Any and all fees paid for inspections and/or permits issued by the City Inspector
shall be paid to the City of Mountain Home, Arkansas, into its general registry
fund e
Section 8.. Authority"
No Hater, electricity of gas shall be turned on for service in premises i.J.'1

which cons~ruction, work ot installation does not comply 1<Tiththe ordinances
of the City of Hou.ntain Home; and such services shall not be turned on except
upon receipt of a fine~ permit or certificate of completion and inspection by
the City Inspector; provided, that water, electricity or gas may be turned on
for construction work in unfinished buildings.
Section 9.
Any and all ordinances or parts of ordinm1ces cOPJlicting with the provisions
of this ordinance are hereby repealed •.
Section 10. Emergency Clause.
It is hereby- f'oi.nd and determined tbat c:w.

'"'11_ emer-gency
~ ,,_ exi.e+s
_ v and t.ha+
110. vile 0 fn.
t' llce O.I .l>
City Inspector is necessary for the preservation of the -Public ueace, health and
sa£ety; therefore, an emergency is hereqy declared to exist and this ordinance
shall be in full force and effect from and after its passage and adoption.
Passed and adopted this 3 rd day of JUly, 1961.
Mayor Recorder
ORDINANCENO. 160
AN ORDI]\JA.NCE
PROHIBITING THE SiI_LEAND/OR USE OF FIREWORKS.,
DYNAJ!JJITE,
OR OTHER EXPLOSIllES WITHIN THE CITY LIMITS OF
MCU]\J"TAIN
HOME, A-:)J(lu'IJSAS,
WI'JRaJT A vVRITTENPERMIT DULY
ISSUED BY 'JJE CITY CCUNCILOF SAID CITY.
BE IT ORDAINEDBYTHE CITY CF MCUtI"T1HN

HOME, ARKANSAS:
It shal.L be unlawfu L for any person, firm or c orporat ion to seLl,

or of'fer for sale, or to make or rranuf'ac tur-e ; or to use by shooting,
exploding, di schar gd.ng , firing or setting 0 ff, any type of fire Nork, 1
dynamite, or other explosive, w ith.i,n City Limits of Mountain HOIYle,

Arken sa s ; without first obtaining a 'written permit duly issued by the
Ci ty Council a f Mountain Home, Arkansas.
Any person, firm, or corporation found guilty of violatir:.g this

ordinance shall be puilty 0 f a misdemeanor an d roall upon co wiction be
fined an a rrount not less than f-1 ve dollars (:~5.00), nor more than one
hundred dollars ($100.00) for each and e;ery violation.
This Ordinance shall take effect a nd be :in force fran ard after its
a ppr ova'L as re qu.i r-ed by 1 e«,
DATEDt his 18th day of Septem bs r 1961.
. ~d:,"",,-a-:-i....:F-"'--W-:-la-',-'o-r-.
---
Attest:
OPDINANCE NO. 161
AN ORDINANCEPROVIDDJr: FOR TIiE ACCEPTANCEOF

CONTIGUOUSAND ADJOININ G TERRITORY TO T HE CITY
OF MOUNTAINHOME, BU.XTER,COUNTY,ARKANSAS
BE IT OBJ)AII\JEDby the Council of the City of lJIountain Home , Baxt.e r

Count.y , Arkansas, that:
1NHEREAS, the fallawing described land in Baxter County, Ar-kan sas ,

should be annexed to the City of Mountain Home, Baxter Caunty, Arkansas,
to-wit:
Section 3, Township 19 North, Range 13 West:

S~ S~ NWi-:NNf;; S~ S~ NEf; NWf;; N~ SWf; NWf;; N~ N~ SEi-: NVVf;
Section 4, Township 19 North, Range 13 West;

NWf; NNf;; SlNi-:I'TNf;; SEk NWf;; N. 3/4 NEi-: SWf;; N. 3/4 of E. 3/4 NWi-:SiNt;;
N~ SWf; NEt;; swi-: swi-: NEt;; Nwk IilWkSEt;;

<" ' ••••••••
N;\it; SEi-:; swk SEt;; S'Ni-:SEl SEk; S ~ SEi-: SEt: SEt;

S .21. NW1.SH'1.
-4-.LJ4
SE1.. 11 1'TH1.
1[\"v1T
1..J..,
1. ~H'1. SH'1.· 1.\J\IV'4 lI)l\'l-;- .J...;..J.'....~ '.L..iL,
That port.Lon 0 f W~ SNY ,South of Highway No.. 5

- NEt:
Setic:n..,8, Township 19 North, Range 13 West;

NJ:, NE1. NE1.. SW1. NEt: NEt; NWt: NEt:; w~ NEt- SEt; SE~ NEt: S~t:;
w~ 3/4 SEt SEt:; E. 3/4 SIfVt;SEt:
I.
c
Section 9, 'I'owis hi.p 19 North, Range 13 West;

S .,3 /4 T'JEl
,'--..) "'El.
L;, S'R-,l",
~ I'-jU"IT1.,
- SEf:,,',
- SEt SEk; E~ SWJ;-SE}
Sect jon 10, Townsh ip 19 North, R3.nge 13 West;

El NE;f: SWf NWt:; sJ:, SEt NWt-; SWt: SWf: NEt:; ~'Ei: 5v{H-
S. 3, 4 l\r!\Tt; SWf;:; N~ SWt: SNt:: N~ SEt: sWk; NWt: SWt SEk
Section 16, 'I'ownsh i o 19 North, Range 13 West':>

/
SE.l
1 "+

E. 3/4 I,rviTtNEf;; E. 3/4 N~ SWf; NEt; N~ SEt; NEk
Section 32, TOVlDship 20 North ,funge 13 we~,
NEt SEt:; SEt SEt; NWt SEt
Section 33, Township 20 North,Range 13 INest;

W~ S1,\Tf;
C ontaining 12~ acres, more or less.
WHEREAS, the Council of the City of Mountain Home, Arkansas, believes

that the desirability of ann exi ng the foregoiq:; described property to the
Ci ty of Mountain Home, Arkansas, should be submitted to a vote of the qualifi ed
electors;
NON, THEREFORE, BE IT ORDAINEDby the Council of the City of Mountain

Home, ~axter County, Arkansas, that the inhabitants residing therein shall
have and enjoy all the rights and' privileges of the inhabitants wi.t hi n th e
orip-inal limits of the City of Mountain Home, Baxter County, Arkansas.
THEREFORE, 83 IT OPDlJ:NED by the Council of the City of Mountain
Home, Baxter County, Arkansas, that the question of amescirig the lands
described herein shall be submitted to a vote of the qualified electors at
the General Election to be held on Tuesday, November 6, 1962, in the City
of Mountai.l1 Home, Baxter County, Arkansas.
ALL OffiINAIIiCES ft1'D PARTS OF OEDINANCES in conflict herewith are hereby

repealed, and this Ordinance shall take effect and be in full fore e fran
and 'after its approval and publication, as required by law.
AN Elltt&'1.G.ENCYis her-eby declared to exist, and thi s Ordinance being

necessary for the immediate preservation of public peace, health and
safety, it shall take effect and be in full force from and after its
passage.
l\PPROVED THIS Lst Day of October 1962.
RI CHARD FAIR, :hf.tAYOR

OF TFIE CITY
OF :hm.INTAINH(ME, RIJCTER COUNTY,
ARKANSAS.
ATTEST:
'
. /:/,'
.c
ct!u1 v:V
-:/
.a cVv0LV1
/] / ()
.'ic~R_~~
~
(7\.
OF THE CITY OF MQTNTAIN
HeME, u~:XTEE CQTNTY, ARKANSAS.
OEDINAIJCE NO. 162
AN ORDINANCEPRO'JIDING 'DE SlJBDIVISION PeZGULATH'NS FOR 1HE CITY OF

MOJNTAIN HOvTE, AL? KANSAS: RSPEALHJG ANY OTHER ORDINANCE IN CONFLECT
H"2:HEWITH. T~lS CPDINANCE PHOVIDES FOB. mE P:ECUUTION OF THE DEVELOP~
MENT OF L4ND FOR USE AS SUBDH1SIONS: F OR THE 'SLIMINfiTION OF USSS NOT
IN COPFORII.Al'JCETe,ITHTH3 PEO"iJISICNS CF TI-U S ORDINANCE, AND FOE ALL
om:m MATTERS HELATED THEHETO AS ARE 1\IECESC'iU~YTO PRESEEVE 'lIE HEftLTH,
SAFETY NIJ GENERAL V\JELKA.RE CF TH'S COIJMUNITY
BE IT OEDAIlJED by the City Council of the City of Mrurtain HOTIe,

Baxter County, Arkansas, that:
VITHER.2B.S, the City Council believes th at there is a need for sub-
division regulations t o set forth the procedures, requirements arri minimum
standards governing the development of land within the boundaries of the
p Ian ni.r.g area as indicated on the "P'Lann i.ng Area Map'' of the City of
Mountain Home, Arkansas;
NON, THEREFCPeE, BE IT OB.IlAINH'J)by the City Co unci 1 of the City of
Mountain Home, Arkansas, that an Ordinance be enacted setting forth the
procedures, requirements and minimum standards governing the development
of land for s u bdi, vis ion purposes.
ENACTEDApril 2, 1962, AND DECLA.R.EDOPERATIVE AS OF TH.£l.TDATE.
THPeEECOPIES OF SAID OPeDIl'I.4NCEPROVIDING FOPeSUBDIVISION HEGJLATIONS,
CPDIIiIAl'.JCENO. 1$2, AND SUD REGJLATIONS CONTAINED THEREIN ARE FILED IN THE
CFFICE OF THE CLEEK OF THE CITY OF MCUNTAINHom,r:r ..ANSAS.
ATTEST:
r
/~O<-LO
Ri.c har-d Fair,
:t~
Mayor
d-q 1 137
303-
30te
ZONING 0 PJ)INAl\JCE 3~u
3
) I
'/
AN OHDINANCEHELATING TO THE ZONING L~VS OF THE CITY 0 F MOUNTAINHavIE,

A$K.,lliSAS: REPEI\.LING.Z01.1JNG ORDINANCE us 132, 141 and
AND AMENDJu1ENTS
148, AND .ANYOTHEH ORDINANCEIN CONFLICT HER.E1NITH. 'lHIS ORDINANCEPHO-
VIDES FOR THE REGUIATION OF THE LOCATION, HEIGHT, BULK; OPEN EPACE;
LOT COVER.AGE;USES OF LAND; BJILDINGS. "D;1IJ"D STRUCTURES; FOR ELIMINATION
OF USES NOT IN OJI~FOW..ANCEV"iITHPROVISIONS OF THE ORDIN.fu.'lJCE,AND SUCH
OTHERMATTERS AS ME NECESSARY TO THE HE'ALTH, ~FETY AND GENERALWELFARE
OF THE MUNICIP ALITY •
BE IT ORDAINED BY THG CITY CCUNCIL OF THE CITY OF ;)K)UNTAIN HOME,

;J,F..K.lI..NSAS:
An Ordinance providing. in part for the establishment of zoning

regulations and districts in accordance wi.t.h th e "Lard Use a nd Major
Street Planti, under guidance of t he Planning Commission, with the
authori ty to adopt, administer, enforce and amend these regulations
within the entire city limits of Mountain Home ann within specified areas
adjacent thereto.
ENACTED December 4,1961 and declared operative as ofthate date.
THREE C crIES OF THE SAID ZONING OP.DINANCENO. 163 AND OF TIE RULES
.4..1\JD
REGtJLATIONS CONTAINED THEREIN ARE FILED UJ THE OFFICE OF THE CLERK
OF 'IRE CI'IT OF MOUNTAINHaKE, ARK.4NS:\S.
~42~
Richa rd Fair, Mayor
ATTEST:
Ma:bj ot;lle
Recoraer
ORDINANCENO. 164
AN ORDINI\NCEABANDONING Al\'DVACATINGTHATPART OF ELM srREET LTING

BET!\TEEN SECONDsrREET ANDTFITRDSTREET, AS SHQ1NN BYTHE PLAT OF FIItST
ADDITION TO THE RLi.XTER
ADDITIONTO TIlE CITY OF MOUNTAINH01~E, ARKANSAS
1fIT'rlEREAS,
a petition duly filed with the City Councd L of the Ci ty of
Mountain Hrme , Arkansas on the 21st day of December 1962, asking the City
Council to vacate and abandon all that portion of th e street designated
on the plat of the First Addition to the Baxter Addition to the City of
Mountain Home now appearing of record in Plat Book 2 at page 8 in the
office of the Recorder of Deeds for Baxter Comty, begi.nnd ng at Sec ond
street and ending at Third Street.
WHEREAS,after due notices as required by law, the Council has at

the time and place mentioned in the notice heard all persons desiring to
be heard on the question and has ascertained the street or the portion
thereor hereinafter described has heretofore been dedicated to the public
use as a street herein described; has not been actually used by the public
generally for a period of at least five (5) years subsequent to the filing
of the plat; that all the owners of th e properly abutting upon the
portion of the street to be vacated have filed with the Councd L their
wri tten consent to such abandonment; and that p ubli c interest and welfare
will not be adversely affected by the abandonment of such street.
NON, THERFORE,BE IT ORDAINEDBY 'IHE CITY CCUNCILOF THE CITY OF

MOUNTAINHaKE, ARKANSAS:
Section 1. The City of Mountain Home, Arkansas, hereby releases, -

vacates and abandons all its rights, together with the rights of the public
generally, in and to the street designated as follows:
All that portion of Elm Street lying between Sec ond Street
and Third Street, as shown by the plat of First Addition
to the Baxter Addition to the City of Mountain Home, as
same now appears of record in Plat Book 2 at Page 8 lim the
office of the Circuit Clerk an d Ex-Officio Recorder for
Baxter County.
Section 2. A copy of the Ordinance duly certified by the City Clerk

shall 1:e filed in the office of the Recorder of the County and recorded in
the Deed Records of the County.
Section 3. Thi s Ordinance shall take effect and 1:e in force from and
After its passage.
Upon a cail of the Roil, the following yeas and nays were case, to-wit:
Yeas: Nays:
Odus Hargrave None
Pete Shiras
Bryan Haley
Chas. Mietchen
Helmut Nusch
Ray Harvey
R.E. 139.ker
Earl Dawson
ATTEST:
/s/ Marjorie L. Harned APPROVEDBY:

Clerk
and Recorder lsi Richard Fair
Mayor
ORDINrUTCE
NO. 165 NOT USED.
ORDINANCE NO. 166
AN ORDINANCE authorizing the leasing by the City of Mountain Home,

Arkansas to Baxter Laboratories, Inc. of the lands, buildings, and
improvements described in the form of Lease and Agreement approved
by this Ordinance; authorizing the execution and delivery of such
Lease and Agreement by the Mayor and City Recorder fOT and on behalf
of the City in the form approved; authorizing the pledge of said
Lease and Agreement and the rentals and other revenues therefrom to the
Trustee for the holders of Industrial Development Revenue Bonds of
said City; prescribing other matters pertaining thereto, and declaring
an emergency.
n
~1.I~nr
/ )
\
~
\
ORDINANCE NO. 167
AN ORDINANCE authorizing the acquisition of lands and the acquisition and

construction of buildings, improvememts and industrial facilities thereon for
the purpose of securing and developing industry near the City of Mountain Home,
Arkansas; authorizing the issuance of Industrial Development Revenue Bonds
under Act No. 9 of the First Extraordinary Session of the Sixty-Second General
Assembly of the State of Arkansas approved January 21, 1960, as amended, for
the purpose of financing the cost thereof and necessary expenses incidental
thereto and to the payment of interest on the bonds during construction;
authorizing the execution and delivery of a Mortgage and Indenture of Trust
securing said bonds; prescribing other matters relating thereto; and declaring
an emergency.
OftD:;J~ANGEl NO. 168
42
AN ORDINANCEAMEIDUJGORDIN..I\.NCE
NO. 163 OF TIm CITY OF MarNTAIHHam, ARKANSAS,
THE ZON[JIGMAP, ANDrEPEALINGALL ORDIMNCESIN CONFLICTHERE:A[TH·.
AJVIENDING
BE I T HEREBYORDAINEDBY 1HE CITY COUNCILOF THE CITY OF MOUNTAIN

HOJIE,
ARKANSAS:
CHAPTER2. That Article 2-1 subsection B of Ordinance No. 163 be amended to

include tn e following definitions:
20. Sign, Advertising. A sign -which directs attention to a business,

commo::l.ity or service which is entirely or primarily conductee, sold,
or offered elsewhere th an upon t he lot on which the sign is located.
21. Sign, Business. An accessory sign which directs attention to a

profession, business, cormcd'i.t y or servic e conducted, sold, or offered
on the lot on 1Ahich the sign is located"
22. Sign, Identification. An accessory sign whose content is limited to

the name and/or occupation of the occupant or for announcement pur-
poses, such as is utilized by churches and other public and quasi-
public agencies.
CHAPTER2. Article 2-1, B-18 sha l L be amended to read as follows:
18 .• Structure. Anything cmstructed or erected vi.th a fixed location on

the ground, having a roof suppotted by co Iumns or by walls and intended
for th e shelter, housing or enclosure of per s cns , animals or chattels.
CFIAPTER.
2. Article 2-1, B-19 shal.L be amended to read as follows:
19. Yard. The horizontal distance from a lot line to a parallel de.si gra t.ed
line. The distance is measured from the property line to the nearest
foundation wal.L or other vertical wa Ll, of the structure; provided the
roof or other overhanging projection is less than three (3) feet.
Should the ever-bang be greater than three (3) fe~ the yard line
shall be me,asured to the center of the overhang.
CHAPTER3. Article 3-1 Residential eR) A. Permitted Uses, shall be amended

to include the foml()wing:
13. Signs, Advertising, subject to Article 5-6, B.
14. Signs, Identifica.'tion; subject to Arti cle 5-6, D.
CHAPTER3. Article 3-1 Residential (R) B. Area Requirements, shall be amended

to read as follow s e
3. Front ya rd s: minimum of 30 feet from all street property lines or 55 feet

from center of street, vhichever is grea t.er ,
Dr e Side yar-d (each): mi ni.rnnn of 10 feet from ea ell jr-oper ty line l'
7. Accessor y buildings: m.irrirmm of 10 feet f rorn the rear and side y-ard except.
street; t hen 30 feet from all street pr cper ty lines or 55 feet from center
of s t.r-eet , .ichever is gr£tero
CHAPTER30 Article 3-2 Central Busin.ess District C-l .L~o Per mit.t.ed Uses, shall be
ane n:led to i ncl, ud e t r18 f'o.l Lowing :
4. ~.sa gns sUbJeCG

.All. ". -'-' t' . . .,.. " t
"GO ·'Dl811~ app r-op ra ate r-equa remen s 01 .n.rvlC..l8 5!
~,,+., -0.
CP..PJ'TSR3. ~ '"' Retail. " SerVlce

Article j-,)
. (c?==)\ A.
. t'erIITLv"ed.
~ . +.l- • Uses shaL
,- 1 "hve amend ec"
to include the following:
5. .All signs sub ject to their appropriate requirements of Article 5-6.
CP.J\'pTE?,3. Article 3-4 Indu.strial (1) A. Perm.ittecl Uses, shall be arnended to

include the followa.ngo
4. Signs, Business; subject to Article 5-6, c.

1
TER 4. Article
CPull? L,.-l Zoni n z Mao of Or-di.nance No. 163 and the official ZO!1ing Map
dated Jul,Y- 1960, is hereby amended to the extent: -=.---- Tr.at: Retail Service C-2 is ( )
extended south on U. s. 62 on both sides of the h Ighway to Dodd Creek) Retail servi.c e
(C-2) is extended 608i from C reek on Sta te HighvJay 5 and to enclose an
area as indi cat ed on t.re map, also t he Central Business District (C-l) is ext.erri ed
t) inclLrl e tile block b et.ween Sei1et.VJ.th 311d ht.h streets bounded on t he east by
Shiras str-eet and o n t 1"1.e st by SOJ.t11 street; as ir-Ldicated bn t he ZorinE Map
whose amended date is November, 1962 ••
CHAPTER5. Article 5-3 Occu]:Etions Permitted c '" Residential Structures Utilized

fa r Res idential Purpos es in Residential Zones. A-4, snal.Lb e arnend ed to read a.s
follovv s e
4. It does not have arl .i dentd f'Lc a td.on sign in excess of four square feet
to denote the business, occupation or profession, and sr ch sign must
be attad1ed to the structure.
CPJI.PTER5. Article 5-6 is hereby amended to include the followin[ addi t.Ione
Art 5-6 Signs an':" Sign Structures
A. General
L No sign shall be erected in ai ch a manner as to create a traffic hazard

by ob structing vis ion, or at any location where it may int erfere with, or
be confused 'with any authorized traffic sign or signal.
B. Advertising Signs
10 Advez-tds ing signs or sign structures not at.txche d to a bui.Ldi.ng, shall not
extend more than 10 feet into a required yard. The horizontal distance
between su ch sign s and any structure on adja cent prop er ty sha 11 be not
less than 200 feet. .
2. Advertising signs: 'wh.ich comply with the setbac k requirements of that

zone may be located up to 50 feet from any structure on adjacent pro perty.
j. Advertising signs shall be located only a long major thoroughfares ~ as

indicated on the General Plan.
C. Business Signs
Business signs may be placed 'within any required front yard or exterior yar-d
subject to the following conditions:
1. If the top 0 f the sign extends more than four feet above the gr-ound
then the bottom of said sign must be located not less than ten feet
above the ground and with the supportin.g structures so designed as to
allow maxirr,Qm-risibility.
2. The gross area of a sig D, excluding supports, shall not exceed 200
souar'e feet.
D• Ldent i.f'Lca +i ori Signs
I,Jentific3.tion so.gn s are rot c onsi de red comme

r-c i a.L advertising except those
denot i ng h01Y:e occupations, in which case r.hey are subject to Art 5-3., ~A-Lj.., and
be located witr~n any T€quired front yard or 6~terior side yald0
B~ b
il. p errrrit sha Ll, be requlreG prior 00 the construction. or er-ect.i on of
any advertisin.g or bus in es s sigrlo An appll cation showi ng the actual di mensi o
of t.h e lot ard tile ~roposed Lccat Lon of the si.gn , and SUCJ:l cfher- Ln form ..ation
as [nay be ne ce ssary to provide for the, enf'or cement. 0 f this Or-dinance iii
CHAPTER10. Tr,is Ordinance amends certain sections 0 f Zoning Ordinance No. 163
and repeals any other ordinance t hat IT1.ay be in conf.Li ct her ewit.h ,
P _A.SSED Al\}D -4PPF_OVED BY I:EAYOR .:{ND CITY COUl'TCIL THIS Ls't day of April 1963 e
Fair
lsi Marjorie L. H~~ned

APPRJVED: Ci ty Clerk
/Is/ ~crdon
.r--' """' ~ ~Q k~~
.J.,;J.L~; e..L·"';r ,
'0 Jr ...
ORIn N:4KCE Iio. 1£,
ADDITION TO CRDIlw\.NCE NO. 163 - AN ORDIN.A.NCE REClThL,.TTI~GMOBIlE HOME PARKS
SECTION 1 DE1'1NITIONS
11.. Dependent mobile home. A mobile horae which ooes not have a flush toilet
and.. a bath or shcwer ,
20 Lndependent, lTlol:;ile horfle 0 "A

... mobile hOITL8 rich has 3. flush toilet and a bath
or sh ower ,
Mobile home ;:ark. An:I plot of pround upon four .... or rror-e mobi Le horne s ,
occupied for rlvVel1-: ng or sleeping purpose s , are Locat.e d , regardless of whether
or no t a charge is made for such accomnoda td on,
Mobile home spaceo l'. plot of gr-ound ltD.. thin a mobile home park designated for
th e acc O.Q1JIlO ci tio n of one rrobile home.
SECTION II LOCATION
11.. Mobile home parks may be 10 eated in the Retail Service (C-2) district, and
shall corif'orm to the requirements of this district.
2" Each boundar-y of the park must 1:8 at "least 100 feet from aIly permanent
building located outside the park, l~lless separated therefrom ~- a chain li~~
fence five (5) feet in height attached to steel or aluminum posts, set in
concrete; Or UTe equivalent thereof as determin 00. by the endorcement officer.
SECTIOE III MOBILE HOME

P APK PLAN
The mobile rome park plan shall conform to the f'o Ll.ow.ing requirements:
a. The par-k mall be located on a 'irvell-drained site, pr-oper-Ly graded to insure

rapid drainage and f'r-e edor from stagnant pools 0 f vater.
b. M.obile horre spaces shall be provided consisting 0 f amirrimumof 2,400 square

feet for each space, -~1ich shall be at least 40 feet wide and clearly defined.
Hcwever , mobile home parks in ens tence on the effective date of t.hi s
ordinance whi di p ronde mobile home spaces having a width or area less
than hereinabove prescribed nay continue to opera t" with their exi stdrig spaces,
but in no event shall any rrobile home space be less than 30 feet wide and have
an area of less than 1,500 square feet.
3. Mobile homes shall be so harbored on each space that there shall be at least
a 25-foot clearance between mobile homes, provided, however, that w Lth respect to
mo2Dile homes parked end-to-end, the er;0i-to-end clearance nay be less than
25 feet bi t shall no t be less t ran J5 feet. No mobile home shall be located
closer than 10 feet to any building within the park or to any prop e rty line
bounding the park ••
4. Ali mobile home spaces shall abut upon a driveway of not less than 20 feet
in lNidth, vhich shall [ave unobstructed access to a public street or hi §flV'ay.
5. All driveways and wa Lkways ·within the park shall be hard surfaced and lighted
at night.
6. Each park shall provide service buildings to hou se such toilet, tat.hi.ng , and
other sanitation facilities and such laundry facilities as the City fray sp ec'i fy,
7. An electrical outlet supplying at least liO volts shall be provided fo reach

mobile home space.
8. Dryif'g spaces shall be provided sufficient to accommodate the laundry of the

mobil home occupants if automatic drying equipment is not supplied.
SECTI ON IV -NATER SUPPLY
An adequate supply 0 f pure water for drinking and domestic purposes sha be n
supplied by pipes to all buildings a rd. mobile home spaces within the par-k to meet
the requirements of the City. Each mobile home space shall be )rovided with a
cold-water tap at least four inches above the gr rnnd , An adequate supply of hot
water shall be provided at all times in the service buildings for an bathing,
washi.ng , cleansing, and laundry- facilities.
SECTIONV SANITATION
FACILITIES
Each park accommods.ting dependent mobile hoc ES sha J.l be provided: with toilets,
baths, or showers, slop sinks ard other sanitation facili ti ES which shall conform
to the following minimum requirements:
1. Toilet facilities for women shall cons ist 0 f no t less than one (1) flush
toilet for every ten (10) mobile home spaces, one (1) shower or bath tub for every
ten (10) mobile home spaces, and one (1) lavatory for every ten (10) mobile home
spaces. Each toilet and lavatory, and each shower and/or bath tub, sha.Ll. be in a
private corrpartment e
2. Toilet facilities for men shall consist of not less than one (1) flush toilet
for every fifteen (15) mobile home spaces, one (1) shower aDd/or bath tub for every
ten (10) mobile home spaces, one (1) urinal for f5'lery fifteen (15) mobile home
spaces, and one (1) lavatory for every ten (10) mobile home spaces.
3. Service buildings housing the toilet facilities shall be permanent structures

and shall be located not closer than te n (10) feet from any trailer space.
4. Each service building shall c cnt.ai.n at least one (1) slop sink for .men and
one (1)' 1op sink for 'women, each 1
~ s.i 0 cated in a separate corrpartme nt ,
SECTIeN VI SEWAGE
Al'JDRSFUSEDI SPOSAL
1. Waste from showers, bath tubs, flush toilets, urinals, lafatories, slop sinks
and laundries, in service and othe r building s wi thin the park sha 11 be dis-
charged into a publi c sewer syste min complieance with applicable codes and
ordinances or into a private sewer ani disposal plant or septic tank system
of arch construction and in such manner as approved by the state Board 0 f Health.
2.Tbe sewer system in each mobile horne space shall be connected to discharge the
mobile home' waste into a public sewer system in compliance with applicable
codes and ordinances or into a private sewer and disposal plant or septic t.ank
system of such construction and in such na me.r as approved by the State Board
of Health.
SECTIONVII GARBAGE
F..ECEFTACLES
Metal garbage cans wi th tight-fitting covers shall be provided in quantitiES

adequate to permit disposal of all garbage and rubbish. Garbage cans shall be
located not farther t ban 200 feet from any mobile home space. The cans shall be
kept in sanitary conditim at all times. Garbage and rubbish shall be collected
and disposed of as frequently as may be necessary to insure that the garbage cans
shall no t overflow.
SECTIONVIII FIRE PROTECTION
Every park shall be equipped at all tarne s with fire extinguishing equipment in
good working orde r-, of such t:'Pe, size, and nu.mber and so located within the park
as to satisfy applicable reasonable regulations of the fire department.. No open
fires shall be permit.t.ed at any place w rdc h may endanger life or prq:Jetty. No
fires shall be left unattended at any time.
SECTIONIX REm STEROF OCCUFANTS
It shall be the duty of each mobile home park owner or operator to keep a register
containing a record of all mobile home owners and cc cupant.s located wi thin the
park. The register shall contain the f-)lloiing in formation:
1. The name and address of each rrobi I.e home cccrparrt ,

2. The make, ITO del, y·:;ar, ard Li.cense number of each rrob i Le home a rri motor
vehicle; and the over-all size of the mobile home.
3. The stat e , territory, or co unty issuing such Li cens e s ,
4. The date of arrival and of departure of each mobile home.
5. Whether or not each mobile horne is a dependent or i..l1dependent mobile home.
The park shall keep the register available for inspection at all times by Iaw
endorc ene nt officers, public health officials, buildi~g inspector, and other
officials whose duties necessitate acquisiti en of the infoJ11i1lJ.ationcontained in
the register. The register record for each occupant registered shall not be
destroyed for aperiod of t.hr-se ·years f'o.l.Lcwi.ngthe date of departure of the
registrant from tne park ,
SECTIONX SUFERv"I
SIaN
The owner or operator, or a duly authorized attendant or caretaker, shall be in
nRDINANCE NO. 169 - continued
charge at all tames to keep the nobile horne par-k, its facili ti es and equi.pmerrt in
a clean, orderly 8.J.'1d
sanitary conditi cn,
SECTION XI 3EPAF>ABILITY OF PROVISIONS
Should any section or provision of tbis ordinance be declared invalid, such

decision shall not affect the validity of the remaining portions of this or-dinan ce,
SECTION XII PENALTY
A.ny-person violating this or-en nan CB shall be fin Ed not less than 00 nor more
than $100 .00 for each 0 ff'ens e; and each day- such vi.oLatc.cn shall be permitted to
exist shall constitute a separate offense~
SECTICN XIII REPEAL

Yhi s mobi.Le hone park ordinance repeals a portion of Zoning Ordinance No 163
0
t.ra t. pe r-t.a.ins to mobi.Le hOD1e parks, whi ch is Sec t i.on G of Chapter 3} Ar-tIc Le 3-30
PASSED/liJD ~~PROVED BY f,JAYCi1. AN D CITY
..4. t te st:
Ci t3T Clerk
ORDINANCE
NO. 170
AIJ OFLDIrLA.I\TCE ~STABLISH]}Tr- ~7ATEP, SEVlfEH, STFC~ET p~J..VI~n AN'I) CURBII;JG

no. 2 :F }\ICtTI'IT""~ITTHQ·.,'TE, AB}:4.NSAS
';'\J}-IERSAS, parties cLa'i mi.ng to be the owners of mor-e t ran two tru.r-d s iTl
assessed value of the rea.l proper-ty Lo ca te d wi th in the territory· he re Iria f't er-
described have filed 3. p etd.t.i on prayar ; that a n irr!.pr)'I ;TL:-rt rll strict be established
for the pur-pose here inafter set out; and
-V:[HEFEi~S, after due notice as r-equ.i r-ed by Law , the Cit:;T Cou nc.i I, of Mcun ta in
HO"'Le, Arkansas, has hear-d all parties de ei z-i.ng to 1Jeh ea rdy. and has a sce rt.a.ined
t.ha t said pe ti ti011 was signed bJT mor-e than UNO thirds in ass e ssed va.Lue of the
ovner-s of real property vvithin said terri tor' 31, now, t.h erefore,
BE IT 0 PDAINED BY TI-IE CITY CCUl'JCIL OF TIlE CITY OF 1~TOUIJT.A..I1J HOLrL~, _~~l()J>JSAS:
SECTI Ol~ 10 There is he reby e st ab.Li shed &1 impr cv emerrt district embr ac i ng
the fc Ll.owing property in me Cit3T of MOilll( ..ain. Bane, Arkansas, to-'v'vit:
S~ -'-I
l /J-t-,~ 1 /? l\~rvl/l, -r ,SR-
-,......
.J",;J -.- 1/)1
,-r- SF: 1 /L~
---- --I " and all of~ t.h e.
,;j -I
S SE 1/4 SE l;ILt' TN est of the c r-eek j. all Ln Section

9, Tmmship 19 North, Range 13 VI-est; arid the l\j-,v l/L of t.he NE 1/4, and
all that part of t.he l'JE 1/4 of the NE2-/4 described 3. s f'oLl.ows e
Beginning at th e NW corner 0 f the NE l/Lr NE l/Lr, run thence South
89 clegG25 minutes East 807.83 feet along the North line of said
forty, run thence South 0 deg. 11 minutes East parallel to East side
of said forty 1339.4 feet mcr eo r less to the South line of said forty,
run thence Nor-th 89 deg, 25 rninut.es est 807.33 feet .IT10re or less to
the SiNcorner of the said J)iE 1/4 NE 1/4, run thence North 0 deg , 11
minutes West 1339.4 feet rroreor less to point of beginning, all in
Section 16, Township 19 North, Range 13 est,
for the purpose of constructing a saru.ta ry sewer system to serve th e prope rties
1/,]~thirl the district; to construct a 1JIJater distribution syst.e m to ser-ve the
property within th e bo un car-Ie s of the district; and to grade and prov i de for the
draining, g rave Ll i.ng and paving or surfacing,; including curbs am gutters, of
the stree ts and roads Loc at ed IN it hi.n the 1::oundaries of said, district, a II to
be constructed or ps r-f'or-medw i.t.h such materials and in arch rra me r- as is deemed
necessary or advisable by the Cornrnissioners to be elected for said district Or
as such Commissioners may deem to bs for the best interest of the district, in-
cluding cont racting for th e disposal 0 f the sewerage through the sewer-age collect ion
system and contract:ing for a source of 'water or othe rwi se providing for a source
of wa t.er either fran vd th i.n or fran vd, thout said district; and the cost thereof
shall be assessed and charged upon the real property above described.
Said district shall be known as lIifvater, Sewer, Street Paving and Curbing
Improvement District No.2 of Mountain Hone , Arkansa s ;" and Harlan Perry,
Phillip Jones, en d Ha 1 Bodenhamer are hereby named commissioners, who mall
ccnpose tbe Board of Improvement for ssi.d district.
SECTION2. This 0 rdinan ce shall t eke effect ani be in force fran and
after its passage.
PASSED: July 8, 1963.
APPROVED:
/-s/ Rich ar d Fair

ATTEST: Mayor
/ s/ Dale A. Berke
Act. Ci t-y Recorder
ORDINANCE NO. 171
.$N ORDINiiNCE ESTABLISHING WA,TER AND SEi'iER I1iJ.PROV;;-;M":t~T

DISTRICT NO.3 OF
MOUNTAIN HO:ME, liliK."i.NS-'iS.
Whereas, parties claiming to be the owners of two-thirds t2/3 rds) in

assessed value of the property located within the territory hereinafter
described have filed a petition praying that an improvement district be
established for the pnnpose hereinafter set out.
WttEREAS, after due notice as required by law the City Council of the
City of Mountain Home, Arkansas, has heard all parties desiring to be heard,
and has ascertained that said petition was signed by two-thirds (2/3rds) in
assessed value of the owners of real property within said territory; now,
'1'HEREFO.R..L,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME,
ARKANSAS.
SECTION 1. There is hereby established an improvement district embracing

the following property;
Beginning at the common corner of Section 4 and 5, T-19-N, R-13-W, and

Sections 32 and 33, T-20-N, R-13-W, and running West to the southwest
corner, SE~, SE!, Section 32~ T-20-N, R-13-W; thence north to the north-
west corner of the S 3/4, SE ~, Se~, said section 32; thence East along
a line parallel to the south line of said Sections 32 and 33 to the east
line 0% PigeQu Creek Road; thence North along the east line of Pigeon
Creek Aoad to the north line of the SE i of said Section 33; thence east
to the southeast corner of the N~ ~, NN *

to the northeast corner of the NVV!? SW ~~ said Section 33; thence south
of Section 4, T-19-N, R-13-W;
thence east to the southeast corner of NE ~, NE ~ of said Section 4;,
thence north to the northwest corner of the S ~, S ~, NW i;., NW ~-? Section
3, T-19-N~ R-13-W; thence east to the northeast corner of the S ~, S ~,
NE ~, NW ~ of said Sedtion 3; thence South to the southeast corner of the
N ~, N ~, Se L, NW 4 of said Sec~ion 3; thence west to the southwest
corner of the said N ~, N ~, SE i, N~ ~ of sa~d Section 3; thence south
to the southeast corner of the N ~, SW~, NvV i of said Section 3; thence
west to the west line of said Section 3: thence south along the west line
of said Section 3 and section 10, T-19-11J,R-13-W, to the southwest corner
of the NW ~, NN ~ of, said Section 10; thence east to the northwest corner
of the said Nwi, Nfl ~ of said Section 10; thence south to the northw6st
corner of the S ~, SE i, illv ~ of said Section 10; thence east along a line
parallel to the east ond west center line of said Section 10 to the north-
east corner of the ~~~, Sw~, NE ~ of said Section 10; thence south along
a line parallel tothe north and south center line of said Section 10 to the
sQutheast corner of the NW!, SW ~, SE ~ of said Section 10; thence west
aiong a line parallel to the east and west center line of said Section 10
to the west line of said Section 10; thence south along the w~st line of
said Section 10 and the east line of Section 16, T-19-N, R-13-W to the
southeast corner of N ~, SE i, NE l of said Section 16; thence west along
a line parallel to the east and west center line of sain Section 16 and
Section 17, T-19-N, R-13-W, to the southwest corner of the E 3/4, N ~, SW i,
NE ~ of said Section 17; thence north along a line parallel to the north
and south center line of said Section 17 and Section 8, T-19-1\I,R-13-W to
the northwest corner of the E 3/4, 5w ~f SE ~ of said Section 8; thence
east to the northeast corner of the SW~, SE i of said Section 8; thence
north to the southeast corner of the NW ~, NE ~ og said Section 8; thence
west to the southwest corner of the mv ~, 1~ ! of said Section 8; thence
north along the north and south center line of said Section 8 and Section
5, '1'-19-1\1,
R~13-W to the center of said Section 5; thence east along the
east anq west center line of said Section 5 to east line of said Section 5;
thence north to the point of beginning,
for the purpose of purchasing the scnitary sewer system and facilities constructed
by Sewer Improvement District No.1 of MOlli~tainhome, Arkansas, constructing ex-
tensions to the sanitary sewer system to serve the ?roperty within the district;
to relocate end construct a sewage disposal plant and facilities, either within
or without the boundaries of the district, as mah be deemed advisDble.i to construct
extensions to the wat er system to serve the property within the boundaries of the
district and to provide a source of ~ater supply for said system Beyond the
boundaries of the district, if deemed necessary, all in such manner and with such
materials as the commissioners + be elected for said district may deem to be
the best interest of the district, and that the cost of such L~provements,
above any aid receivei from any agency of the r'eder al , State, or County ~o,reJrrune:tlts,
be assessed and charged upon the real property above described as benefits
Said District shall be known as Water ~nd Sewer ImDrovement District
No. 3 of Mounta in Home, Arkansas, and George Lane Keete~, WaJrne Dickerson
end Jiwmy Horton are herety named Gommissioners who shall compose the Board
of Cowmissioners for said District.
Section II: It is ascertained that there is an ilrunediateneed for con-

structing extensions to the sam.t.ary sewer system, extensions to the wat er-
system, relocate and construct a sewage disposal plant and facilities, and
to provide a source of water supply for the water system of the City of Moun-
taL~ Home, Arkans~s; therefore an emergency is hereby declared to exist and
this ordinance being necessapy for the preservation-of the public health and
safety for the People of Mom!tain Home, Arkansas, this ordinance shall be in
full force and effect from and after its passage and publication.
Passed and approved this 20th day of December, 1963.
W
f~ROVED: ,
7
!... )~
'
~rd Fair
ATTEST:
Pete Shiras, City Recorder

ORDINANCE NO. 172
Whereas, a petition was duly filed with the ~ity Council of the City of
Mountain Home, A kansas, on the 11th day of November, 1963, asking the City
Council to vacat~ a nd a bandon all that portion of the alley between lots 3
and 12 designated on the pl~t of the Mooneys Addition to said city, now ap-
pearing of record in Plat Book 3 at page 147, in the office of the Recorder
of Baxter County ~
Whereas, after due nO~lces as required by law, the Council has, at the
time and place mentioned in the notice, heard all persons desiring to be
heard on the question and has ascertained that the alley or the portion there-
of, hereinbefore described, has heretofore been dedicated to the public use
as an alley herein described; has not been actually used by the public gen-
erally for a period of at least five years subsequent to the filing of the
plat; that all of the owners of the property abutting upon the portion of
the alley to be vacated have filed with the Council their written consent to
such abandonment; and that public interest and welfare will not be adversely
affected by the abandonment of such alley.
Now therefore, be it ordained by the City Council of the City of Moun-

tain Home, Arkansas:
Section 1. fhe City of Mountain Home, Arkansas, hereby releases,

vacates and abandons all its rights, together with the rights of the public
generally, in an to the alley designated as follows:
That portion of land lying between Lots 3 a~d 12 in Mooneys Addition

to the Town of Mountain Home, Arkansas, as shown in Plat book 3 at page
147.
Section 2.' A copy of the oralnance duly certified by the town recorder
shall be filed in the office of the recorder of the county and recorded in
the deed records of the county.
Section 3. This ordinance shall take effect and be in force from and
after its passage.
PASS~U AND APPR~VED,J~u;~Y 6, 1964
AYt'.H.CJVED:
/sl Kichard Fair

Mayor
ATTEST:
151 Pete Shiras

City Recorder
ORDINil.NCENO. 173
AN ORDINANCE AIv1ENDINGORDINA1\jCENO. 163NITH REFERENCE TO A CHANGE OF

ZONING WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, FROM
RESIDENTAL TO COr!llJrERCIAL.
1. The property owners of the subject property properly petitioned the

PlaDJl~g Co~mission of the City of Mountain Home Arkansas, for a change of
zoning from residential to commercial; that notice of said petition was pub-
lished in the Baxter Bulletin as is required by Ordinance No. 163; and that
a public hearing was held on the 16th day of March, 1964, at 7:30 p.m., in
Council Chambers and no remonstrances were filed nor heard.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIE HJ.ME, A."R.Kiu1lJSAS:

that the following described real estate b~ and is hereby changed in zoning
from Residential to Commercial, to-wit:
That part of the WW~ SE~ of Sec. 4, TVW. 19 N., Range 13 West, described
as follows: Beginning at the intersection of Hogan Creek with U. S.
Highway No. 62, in the center of the bridge, rlL~ thence North 36.5 degs.,
568 feet to the ~~ corner of the Adkins tract; run thence North 63 degs.
E. along the North line of the right of way of Highway No. 62, 225 feet
to the ~llicorner of the Thorn tract for a beginning point; From point
of begdrmdng min N. 72 degs. W. to a point this being a corner of the
Lahar tract, and 480 feet more or less from W. line of the forty; run
thence in a ~~ direction along Lahar boundary and parallel to Highway
No. 62, 190 feet to a point; run thence N. 90 degs. E 94 feet to a point;
run thence S. 72 degs. E. 261 feet to a point; run thence N. 63 degs. E.
67.5 feet to a point; run thence Southeasterly 205 feet along the South
line of Lahar property to the <Nest boundary of Hi.ghway No. 62, run thence
Southwesterly along Highway No. 62 to the point of beginning.
ENACTED ~illRCH16, 1964, AND DECL"~~D OPERATIVE AS OF THAT DATE.
THREE COPIES OF THE 3""ID AMENDMENT TO ORDINANCE NO. 163 ARE FILED IN THE
OFFICE OF THE CLERK OF THE CITY OF MOUl'iiTAINHOME, ARK.ANSAS.
APPROVED:
/sl Richard Fair

Ma;yor
ATTEST:
lsi Pete Shiras

City Recorder
ORDINMJCE NO. 174
AN ORDINANGE tOR T8..E PURPOSE OF VACATING A ST~T 0:(; ••:"LLEYItf TH.t:; CITY
OF MOUNTAIN HOME, ARKANSAS~
Whereas, a petition was duly filed with the Gity Council of the City of
Mountain Home, Arkansas, on the 6 day of April, 1964, asking the City Council
to vacate and apandon all that portion of the street designated on the plat
of the College Heights Addition to said city, now appearing of record in Plat
Book 3, page 126, in the office of the Recorder of Baxter Gounty, Mountain
Home, Arkansas.
Whereas, after due notices as required by law, the Council has, at the
heard on the question and has ascertained that the street or alley or the
portion thereof, hereinbefore described, has hereto~ore been dedicated to the
public use as a street or alley herein described; has not been actually used
by the public generally for a period of at least five years subsequent to the
filing of the plat; that all the owners of the property abutting upon the por-
tion of the street or alley to be vacated have filed with the Gouncil their
written consent to such abandonment; and that public interest and welfare will
not be adversely affected by the abandonment of such street or alley.
Now therefore, be it ordained by the City Council of the Gity of Mountain

Home, Arkansas:
Section 1. ~he city of Mountain Home, Arkansas, hereby releases, vacates

and abandons all its rights, together v~th the rights of the public generally,
in and to the street designated as follows:
That portion of land bordering the south side of lots 1 and 12 of

College Heights Addition to the City of Mountain Home, Arkansas,
Memorial Funeral tlome being the sole adjoining property owner.
Section 2. A copy of the ordinance duly certified by the City Recorder

Section 3. lhis ordinance shall take effect and be in force from and
after its passage.
PASSED .A:N1) APPROVED MAY 4, 1964
APPROVED:
lsi liichard Fair

Ma;yor
ATTEST:
(sl Pete Shiras

City Recorder
ORDINF~CE NO. 175
AN ORDINANCE FOR THE PUF..POSE OF VACATING A STREET OF.. ALLEY IN THE CITY
OF MOUNTAIN HOl,iE, ARKANSAS.
Whereas, a petition was duly filed with the City Council of the city of
Mountain Home, Arkansas, on the 10 day of March: 1964, asking the City Council
to vacate a nd a bandon all that portion of land lying between the East 103.5
f~et of Lot 13 and Lot 2 in Mooney's Addition to the town of Mountain Home,
Arkansas, as shown by the recorded plat thereof, in the office of the Recorder -
or Baxter County, Mountain H01ll8,Arkansas
Whereas, after due notices as required by law, the council has, at the
portion thereof, hereinbefore described, has heretofore been dedicated to
the public use as a street or alley herein de~cribed; has not been actually
used by the public generally for the period of at least five years subsequent
to t he filing of the plat; that all the ovner-e of the property abutting upon
the portion of the street or alley to be vacated have filed with- the Council
their written consent to such ab~~conment; and that public interest end welfare
will not be adversely affected by the abandonment of such street or alley.
Now therefore, be it ordained by the City Council of the City of Moun-

tain Home, Arkansas:
Section 1. The City of Mountain Home, Arkansas, hereby releases, vacates

and abandons all its rights, together with the rights of the public generally,
in and to the street designated as follows:
That portion of land lying between the East 103.5 feet of Lot 13 and Lot
2 in Mooney's Addition to the town of Mountain Home, Arkansas, as shown
by the recorded plat thereof.
Section 2. A copy of the ordinance duly certified by the city recorder

Section 3. This ordina.l1ceshall take effect and be in force from and

after its passage.
PASSED AND APPROVED l\flAY 4, 1964

APPROVED:
lsi Richard Fair

Mayor
ATTEST:
lsi Pete Shiras

City Hecorder
IV
JiJ.J OH.DIN_LlJ'TCE LL Hl\Tj11TRS OF TR.F~SH5' OP1?Dl\TIT·~:}

cC_~")'~)..LlU_,G TrI"S CITY OF
11)TJJi\TT~A:CJ
HONE, AEKJlN Sl~S, T,'TH"R1'HER OR o TI:-IERTrIISE.,
TO FRE"\TFT-J T TH? SFII,TPG7 OF TRP5H BEING HAULED.
i,·r:q~P
..E'.I\S, t.hs Cit~r Council of I10nntain Home, Arksnsas , deems it necessary to
pas s an or-d inanc s r o'lir;"1g ptr~rs, Fith"in the City limits, to take
proper staps to prp~rcnt the sDill~ge of trash in order to nro~ote the health,
and , ard r-r-ovi.ds a for its
iriolation;
3~ IT ORDATI03D ar enacted the City Councjl of thr Ci of HOlJntain Hare,

Comty of Baxter, The State of Arkansas:
Sec t.i.on L, That 211 trash haulers T,1Ti thin the City of I'·Tou11tain Home,
Arkansas, shall properly C0vcr their hauling vehicles, or take other steps
to prc:'JT,rent t.he sr")illagc, of tr~sh and Li.tteri~g ur-on t.he Ci streets.
Section 2~ vi81ation of Section 1 of this Ordinance shall be a

misdemeanor, 2nd u~on conviction, the violator shall bp fined Ten Dollars
Sec""Glon 3. The of Ho\mtain Hoe, Arkansas, shall have the

power' to enforce this
Section That should any part of this Ordinance be he.Ld invalid by a

cJ.~rt of competent jurisdiction, the rcom2ining parts aha L'l be severable and
shall continue to be in full force and effect~
Section 5~ That. all Cr-di nanc es or parts of Or-d'irianc s s c onf'Li.c t.ing ":"1
the provisions of this Ordinance are hereby repe21ed insofar as the same
affect thjs Ordinance.
Section 6 That. this9 Ordinance shall take effect and be in force from and
after its passed~
Fassed and a~Dreved th~ City Council of Honnt2in Home, Arkansas, on

o this 17th day of August, 196J.l'lf
APPRO'ilFD:
/s/ Richard Fair

Hayer
lsi Pete Shiras

Cit.y Recorder
OEDT'fNCC' TGl'TDI"TCr CR) PTEH (JOF O'=iDI1Ti'ncC' 163 TO PBDVIDE FOR B.-I
[lTD 0'.-2 RE:SIDTr'TTTIjT~ ZJTFD ArrDJ\S F;J? THE PURPOSE OC' -FSTRIJ'TTG TT-IE CON*
TlL4T,
1. Article 3-1 rp~iic~tt~l (R) be 2nd is chRnged to Article

~-IA rpsidenti~l (R-? .
orri thp f'o'Tl.ovring s ~.~:)sections ~'i i R-l

""h-,
011.n 1 be Article 3-1 resiiential (R-l)~
~. Omit subs ec t i ons 3 and 12

B~ Subsections 1 omit 8, subsection 2 o~it C
< Omit SUbsection 2
This Ordinance shall takp effect 2na be j_r forcp fro~ and after its
Passed and a~nroved the Counc i L of ~/10!lntain Horne, Ar-kans as

on this 19th of October, 1961l~
A?FRDVFD:
/s/ Richard Fair
A.ttest:
/s Pete Shir2s
-'ity3ecorder
':\T/"l
~J .J •
Tthereas , it h2S bJ?pn '.1eternined ~F to the best interest of the

i'(11l.c·;2,i
tants of t.hs Cj of T:Iollntain for there to b~ established a
Hun i c.i.pa L J1irport; and.
!}l~;::C:cJ\S, it has been determined, that through the jOLnt efforts of

t.he Cit:! of I'"Tountain HOll1P, T01~·m of Gassv i Ll.e , and TO':r7n of Cotter; all in
Baxt.er County, Arkansas, a municipal airport can be established t.hat, 0·.Till
benefit the Lnhab.i.t.ent.s or pub l interests
i.c of each of th8 Li.t.i.es; anu murri.c i.pa
-!}IE'Q?AS, J~ct No, 128 of the Act.s of t.h= General Assembly of the State
01 Brkansas lor -~c~
n, ' n
~~~j
r~1 t..n- 7' 1'''0 "I
~(Ll-uLL-----i~-O~0--RrK~ 0~al,S~ hnnOva~ea)
t' ,\ 0' L
aucnorlzes , J' •
any t,\,'TO or more ~unicip2.1i ties to make such G,;:rPEment or agreern.ellts as they
may deem nec es s s ry for the joint acqu i s i t.i on arid operati:Jr of airports and
navigation facilities;
Section l. There is established and created the T~Qn Lakes

Municipal Airport Board consisting of five (5) members, which board is
ves t.ed and delegated all of t.he aut.hor-ity granted m:J.niciP81i ties authorized
to be delegated -Llnder the pr-ovi s i.ons of -,~ct~ No, 123 of the Act.s of the
Gener-e L Ass of ..Arl(anS-85 for 1953 t.o acou i r s-, pst8~lish, construct,
Lmpr-ove , eq1l.ir 2nd f'or the TrJ.aintenance, oper-at.i.on , regu18tion, 211d
Drote~tion of an airnort ~nd air navigation facilitips for the benefit of
the Ci of Hount.a'i.n Ho+o, t.n= TO,,"c. r1
7
of Cotter and t.h= TO""D of Gassv i J in
Baxter County, Ark2nsas$
Secti·~='n 2 to He :Kepter, Fr-ank "VJolf, 38m PO'r;,Tpll, T J r·'IcCabe, and «I <t>
Ramey, Jr., are herpby apDointed as the ~embers of the D~in 12kes ~~lni-
cLpaL . r~irport Board to s er-ve until th_eir successors h?\re een n t.ed
anu que Li.fi.ed,
Section 3" Tbat thr:: lV~?3Tor aTICl t.rie Cit.y Recorder ar= a.uthorized
and directed to execut.e the joint agreement 1,~ri.th the TO'I'TL of Gassv i Ll e and
the T01,'Tl1 of Cotter, a copy of vlri.ch Agreement, pr-ovid ing for the joirltl~f
acquired, own ed, arid controlled airport shall be f i Lsd 10Tith the City~ }1ecorder~
Section Lr.e This Ordinance shall take effect and be in force from and
after its pass2geQ
PP~SSED: October , 196L.

10
..:.../
------'--"'---'----------
P;.PPRO"\TE:D: / s/ Richard Fair

Hayor
ATTEST:
Ci t~l Recorder
,...., ,- -----,.. ... --
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to S'Ci2CS
stOT"'S vi t.h tJ 10000 ':0. of ,-~i
:--JI'ocer:,r stores vri, t.h OIT'-'r so. ~t. of ~is~l~~ soacs
rc'·"Storc's in
T112c:tres
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t.hi s
~(ecorder
·OR:D:r:rTAN8E if 180
AN ORDI1ifANCE M1ENDnm ORDINANCE NO. 163 -VUTH REFERENCE TO ZONING \,\IITHINTHE CITY
LIMITS OF THE CITY OF. MOUNT_lIINHOI'ffi,
ARKt'INSAS, RELATIVE TO CHANGING AREA ZONED
AS RESIDENTIAL TO C011MERCIAL C-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUNTAIN HOME, ARKA.NSAS:
1. That upon proper petition by the property owner-s requesting said change in
the zoning, to-,,:ri
t: Change of Residential zoning to Cormnercial C-2 zoning;
That said petition was given to the Planning Commission of the City :!DfMountain
Home, Arkansas; That notice of said request was published in a paper having
local circulation as is required by Ordinance No. 163; That a public hearing
was held on the 9th day of April, 1964, and no remonstraces were filed or heard.
IT IS THE.11EFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTADJ HOME, ARKANSAS THAT:

the follo,,:ringdescribed rp·al estate be and is hereby changed in zoning from Re-
sidential to Commercial C-2, to-wit:
1. 1. That part of the NWt SEt of Sec. 5, Twp. 19 North, Range 13 West,
described as follows: Beginning at the NE corner of the W"Tt SEt of
Sec. 5, run thence South along the East line of said forty, 200 feet
to a point, thence West parallel ~:riththe North line of said forty,
115 feet to a point; run thence in p Southwesterly direction ina
straight line 134 fpet more or less, to a point on right-of-wey line
of said Highway no. 5, which point is 286.5 feet Northwesterly along
said right-of-way line from the point of intersection of said right-
of-way line and the East line of said forty; run thence NortmT<'"sterly
vuth said right-of-way line 418.5 feet, more or less, to the North line
of said forty; run thence East to the point of begiP~ing. Submitted by
irly 10 Dyer.
2. That part of the NWt SEi and that part of the swt NEi, Sec. 5,
Twp. 19 North, Range 13 West, described as follows: Beginning at a
point on State Highway No. 5 where the North line of Florida Cantrell
properN intersect the v.Jestright-of-way line of State Highway No.5,
run thence in a Northerly direction with said Highway right-of-way
line 500 feet, more or less, to the point where the North line of the
Neil Nelson tract intersects State Highway No.5; run thence in a North-
l·resterly direction along the Nroth line of the Neil Nelson tract a
distance of 400 feet more or less to a point, run thence in a South-
easterly directionaand parallel to the right-of-way line of State High-
lifay,to a point 50 feet vlest of t he Northwest Corner of the Florida
Cantrell tract; run thence in an Easterly direction parallel to and
extending along the North side of the Florida Cantrell tract, 350 feet,
to the point of beginning. The above lands being Tract "A" and Tract
!lBIland a part of Tract !lC" of the original survey of Broadmoor sub-
division. Submitted by Neil Nelson.
ENACTED MARCH 15, 1965, AND DECLARED OPERATIV? AS OF THAT DATE. THREE COPIES OF
THE SAID AI'1ENDHENT OT ORDDJJl}'TCENO. 163 ARE FILED IN THS OFFICE OF THE CLERK OF
THE CITY OF }10UNTAIN HOll1:E"ARKANSAS.
Mew J~p./
Delores Tapp, ~er
.AN ORDINA..T<ICE
AMENDING ORDnrANCE NO. 163 i\7J:TH
REFERENCE TO ZONING ·h7J:THIN
THE
CITY LHlITS OF THE CITY OF MOUNTAIN· HOME, ARKANSAS, RELATIVE TO CF...ANGING
AREA ~ONED AS RESIDENTIAL TO CO~1ERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, A..li.KA.WSAS:
1. That proper petitions were filed by the property o~mers requesting a

change in zoning, to-~dt: Change of Residential zoninq to Commercial zoning;
That said petitions were given to the Planning Co~ission of the City of
Mountain Home, Arkansas; That notice of said reouests were published in a
paper having local circulation as is reouired by Ordinance No. 163; That
public hearings were held and no remonstrances were filed or heard.
IT IS THEREFORE, ORDAlliED BY THE CITY COUNCIL OF 1'10UNTAINH011E, ARKANSAS,

THAT: the foll01~~g described real estate be and is hereby changed in
zoning from Residential to Cowmercial, to-~~t:
1. Property co~monly known as Willow Court and described as that

part of the SE% NE% of Section h, TOvrrlship19 North, Range 13 West,
bounded and described as follo1<Ts: Beginning at a point on the South
side of the Right of Way HighvTay No. 62, at the NE corner of the
Emmett Smith Tract and the 1~~ corner of the Messick Tract, running
South lL. degs. East 588 feet to the SE corner of the Emmett Smith
Tract, thence West 150 feet, thence North 21 degs. 45 min. West
473 feet to South side of Hi.ghway Right of "Ll}"ay,
thence North 54 degs ,
30 min. East 232 feet to the place of beginning, containing
2.02 acres, more or less. Submitted by Charles H. Graham.
2. A part of the NWt of SE% of Section 5, Township 19 North,

Range 13 liTest,described as follows: Beginning at the intersection
of the South side of Higmray No. 5 right of way and the East side
of the said NWt SEt and run Northt..resterlyalong the South side of
hi.ghway right of way 317.5 feet; run thence S. 45 deg , 30t 1fT. 351
feet, more or less to a fence; run thence S. 47 deg. 45' E. ~nth
said fence 590 feet, more or less to the East side of ~lt of SEt
bOS feet to the place of beginning, containing 3.4 ~cres, more or
less. Submitted by A. Stricklen.
3. A part of the SEt NEt Section 9, 'I'ownshi.p19 North, Range 13

West, bounded anddescribed as follows: Beginning at the quarter
section corner between Sections 9 and 10 and run thence North 67
ft. 2 inches, more or less to the l\iorthright of way line of High-
way No)' 5, run thence in a westerly di.rection along said North
right of way line 19 feet to a point of beginning for the tract
herein described; run thence North L.deg. 5' W. 206 ft. 6 inches
to a point on the South side of East Eighth Street 442 feet and
6 inches to the East boundary line of Meadow Lane Street, run
thence South along the East boundary of Meadow Lane Street 206 feet
to the North boundary line of Hi ghway No.5, run thence South 89
deg. 20' East along the North line of said highM~y 457 ft. 6 inches,
more or less to the point of beginning, being know as lots 8, 9,
10,11, and 12 according to a survey now of record in Record IlEfI,
page 88 of the records of Baxter County, Arkansas. Submitted by
Clive Gustafson and Dudley Acton.
ENACTED APRIL 19, 1965, JL1\fD DECLARED OPERATIVE AS OF THAT DATE.

ORDINANCE # 183
AN ORDIN.A1TCEAlvJENDE\TGORDl! UI.NCEI'm 163 HITH REFE:r:?~NCETO ZJ NING iTITHIN Th'E

CITY LIMITS OF THF CITY OF MOUNTAIN HOfJE, AR{~NSAS, RELATIVE TO CPililJGING
A:r:?EA ZONED AS RESIDF~TIAL TO OO}TI1ERCIAL C~2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF £lIOJNTAINHOlm, AHKIIl'JSAS:
1. Thet proper petitions were filed by the property o~mers requesting a

change in zoning, to-~nt: Change of Residential zoning to Commercial zoning.
That said petitions were given to the planning Co~mission of the City of
Momtain Home, Arkansas; That notice of said requests wer-e published in a
paper having 16cal circulation as is required by Ordinance No. 163; That
public hearings were held and no remonstrances were filed or heard.
IT IS THER17FORF, ORDAINED BY TH~ CITY C01JNCIL OF f'KJUNT.AINHONE, ARF....ANSAS

THAT:
the foll01~£ described real estate be and is hereby changed in zoning
from Residential to Co%~ercial 0-2, to-~nt:
1. A part of the SEt SEt Sec. 8, and ~ part of the 1'JE%NEt Sec.
17, T~ml 19 North, Range 13 West, described as follows: From the
sec. corner bptuE'pn sections 8,9,16, and 17 run South 88 deg.
35' 15!! \:Test along sec. line between sect"ons 8 and 17,259.34'
to thp To/estright-of-Tt:rayof U.S. Highvay No. 62; Thence South
19 deg. 39' 301l East, 9.85' along said right-of-1-Tay to the riLac e
of beginning (This Doint being 2501 fro~ the ~~ corner of King
propert7 bpfore 1955) ; Thence North 63 deg. 6' 3011 vTest 95.811
along the South line of Gregg pronE'rty to th'" East line of Hinsley
property (This po i rrt being 2331 from t'!P North L,ne of King
pronerty before 1955); Thence South 19 deg. 39' 30n Hest:1.75'
to the North right-of-Hay of T'l"deStreet thence South 53 deg.
39' #OV! East, 99.17' along the lIest right-of-1,ray of U. S. High-
way No. 62 to the point of beginning. Submitted by Kenneth Cooper.
Enacted 8/16/65, and DECLARED OP~q.ATIVE AS OF TBf.\TDATE.

RESOLUTION NO. 22
A RESOLUTION FINDING THAT IT IS TO THE BEST INTEREST OF THE CITY OF

NOUNTAHr HOJVTE"ARKANS~AS TO LE1\SE TO ARKANSAS TrlESTERNGAS COI',1P_S"l'JY
THE NATultAL GAS DISTRIBUTIDN SYSTEMAJD ITS RELAT~D FACILITIES TO BE
CONSTRUCTED 3Y TEF CITY OF NOUNTAIH HO>JfT7', InuTH AN 0 ?TIOH TO TIE LESSE"R
TO PURCRAS~ THF SAID TlLI\.TURj~L
GAS DISTRI.'3UTION SYSTE1IJf.LND
ITS RELATED
FACILITIES.
~[8EREAS the City of Monntain Home proposes to construct a natural gas distributio~
system and its related facilities to seAve the Citv; and
:(r::.{~RE)\Sit has had prepared

plans and s'oec'i.f'Lcatd ons T,shichhave been exacimed
and approved by the Co'neil; and
Trihereasthe Counc i 1 has considered t.h= question of t.h= operation and mainten-
ance of the system and its related facilities; and
the Council has discussed Hi th Arkansas liJesternGas Company the feas-

if,l}IERKD,8
ibility of leasing to it the said natural gas distribution system and its related
facilities and the terms and conditions under trh.i ch an agreement and lease might
be entered into; and
HHE'1EAS there has been prepared and subnri tted to t he Council an agreement and
lease, which instrument the Council has examined.
NOH, THEREFORE, BE IT RESOLVED by the Council of the City of Hountain Home,Arkansas:
Section 1. That the Council finds that it is to the best interest of the City
that the City lease to Arkansas k'JesternGas Company the proposed natural gas
distribution system and its related facilities upon the terms and under the con-
ditions as more fully set out in the proposed agreement and lease.
Section 2. That the Council finds that it is to the best interest of the City
that the Cit3T grant to Arkansas Western Gas Company an option to purchase the
said natural ga~ distribution system and its related facilities upon the terms
and under the conditions more flJ.llyset out in the proposed a '!recment and lease,
and that the said option to purchase be incorporated into the said proposed a-
greemtnt and lease.
Section 3. That it is ascertainXed and declared that th.c'lack of gas trans-

mission lines and a distribution system for natural gps to serve the City of
I'fountainHome, Arkansas Sl'")jPctsthe Cit·y to greater fire ha -ar-ds and endangers
the lives, health and property of the inhabitants of th.c'City, and that gas
transmission lines and 2 distribution system should be constructed as soon as
psssible and arrang.c'ments made for the operation and maintenance thereof in
order to protect and preserve the lives, health and property of said inhabitants.
It is, therefore, declared that an emergency exists and this r~solution being
immediately necessary fo~ the preservation of the public peace, health and spfety
shall take effect end be in force from and after its passage.
Passed: September 7, 1965

APPROVED:
ATTEST:
160
ORDINANCE # 182
.An ORDINANCE ASSESSING THE BN\)'"EFITSTO BE RECEIVED BY THE OHNERS OF EACH OF THE
SEVER.AL LOTS, BLOCKS AND PARCELS OF LJlND \':ITTHIN 1rJATER, SEHER, STREET PAVING AND
CURBI'JG T'PROVE]\i[ENTDISTRICT NO. 2 OF HOlTIlJTAINHOvIE, ARKA]\TSAS.
l-Th'"EREAS,
a majority of tvTO-thirds in value of thp pro.,erty owner-s owrring pr-oper-ty
adjoining the locality to be affected and si.t.uat.ed in \ITater,SeHer, Street Pav-
ing and Curbing Improvement District No. 2 of ~~untain Home, Arkansas, organi7ed
for the purpose of making the improvements as set out in the petition have
petitioned the City Council of the Ci~T of Mocmtain Home, Arkansas, for the
construction of s aid i"npro\lpments, and that the cost t.hereof shall bp assessed
upon the real prope+tv of said District according to th", benefits recei\lFd; and
vfBEREAS, said benefits received by each and e\lery lot, block and parcel of
real property situated L~ said District equals or exceeds the local assessment
thereon; and
~~EREAS, the estimated cast of said impro\lement is -$103,500.00:
NOH THEREFORE, BE IT OP..DAHfEDby the City Council of the City of Mountain Home,
Arkansas:
Section I. That the said several lots, blocks and parcels of real property
in said Water, S~ver, Street Paving and Curbing Impro\lement District No. 2 of
Hountain Home, Arkansas, be assessed according to the assessment list for said
improvement district as the same now r-emaans or may hereafter be changed in the
in the office of the City Recorder, and that five percent (5%) of the assess-
ment of each of said lots, blocks and parcels shall be collected ~Jtbe County
Collector on or before the 1st day of August, 1965, and five per cent (5%) of
the assessment shall be collected rrrth the first instalLment of the general
taxes becoming due in 1966, and fi\l8 per cent (5%) of the assessment shall be
collected annually therea:ter rnth the first installment of the general taxes
until the whole of said local assessment shall be paid.
Section 2. This ordi.nance shall take effect and be in force from and after its
passage.
Passes ~fuy 7, 1965
ATTEST: APPROVED:
159
#
ORDINANCE 184
AN ORDINAN A STREETOR ALLEYTIlT THE CITY OF

CE FOR THE PURPOSEOF VACATING
MOUNTAINHmiJE, ARF..ANSAS.
ltJHEREAS,a petition was duly filed with me City Council of the City of
Mountain Home, Arkansas, on the 13th day of April, 1965, asking the City
Council to vacate and abandon all of that portion oJj street lying and
being situated between Church Street and U.S. Hi&J:lwayNo. 62 in College
Heights Addition to the to1,m of Jl.fountain Horne; said street to be abandon-
ed being bounded on the North by Blocks 23, 24, and 25 of the said College
Heights Addition to the town of Mountai..n.Home, Arkansas, as shown by the
recorded plat thereof, in the office of the Recorder of Baxter County,
Mountain Home, Arkansas.
vJHEREAS, after due notices as reouired by law, the council has, at the
portion thereof, hereinbefore described, has heretofore been dedicated to
the public use as a street or alley herein described; has not been actually
used by the public generally for the period of at le?st five years subse-
quent to the filing of the plat; that all the oe~ers of the property abut-
ting upon the portion of the street or alley to be vacated have filed ~~th
the Council their i,rritt~n ccn s=rrt to such abandonment; and that public in-
terest and 1iTelfare ~,-ill not be adversely affected by the abandonment of
such street or alley.
NO'0T THE...BEFORE,
BE IT ORDAIN"Rn
BY TIlE CITY COUNCILOF THE CITY OF }fOUNTAIN
HQ}1E,.&."tKANSAS.
Section 1. The City of Mountain Home, Arkansas, hereby releases, vacatea

and abandons all its rights, together 1iuth the rights of the public gen-
erally, in and to the street designated as follows:
That portion of land lying and being situated between Church Street and
U.S. Highway No. 62 in College Heights Addition to the town of Mountain
Home; Ar-kansas , as shown by the recorded plat thereof"
Section 2. A co py of the ordinance duly certified by the City Recorder

shall be filed in the office of the Recorder of the County and recorded in
Section 3. This Ordinance shall take effect and be in force from and
after its passage.
PASSEDANDAPPROVED:June 7, 1965
ATTESTED: APPROVED:
ORDINANCE NO. 185 page 1 of 2
AN ORDINANCE STJBJIlIITTING
TO'JHE VOTERS OF TID' CITY OF MOUNTAIN HOME, _ARKANSAS
THE Q1JESTION OF vJHETHER IT HILL ISSUE GAS TRANS1ITSSION P,ND DISTRIBUTION
SYSTEM REVENUE CONSTRUCTION BONDS n~THE A]\10lJNT OF $1,535,000 FOR THE PUR*
POSE OF CONSTRUCTING TRANS~SSION LTIifESATIID A DISTRIBUTITION SYSTEH FOR
NATURAL GP3 TO SERVE THE BITY OF J'.10UNTAIN HOME, AliKANS.AS:PRESCRIBING OTHER
HATTERS RELATING THE:lFTO: AND DECLARnm AN FMERG':iNC""i.
Whereas the City of Mountain Home, Arkansas does not have transmission lines
and a distribution system for natural gas to serve the inhabitants of the
City, and it has b~en determined that the best interests and welfare of the
inhabitants wouLd be served by the construction of the aarne ; and
1r[rIEREASthe City do es not have funds available for the purpose and it 1,rill
be necessary to issue and sell bonds dlf the City to obtain funds, which the
City has the legal authority to do.
NOtA!,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOf1E, ARKANSAS:
Section 1. That a special election is hereby called to be held in the City

of Mountain Home, Arkansas on the 17th day of August, 1965, on the question
of issuing not to exceed $1,535,000 in principal amount of negotiable gas
transmission and distribution system revenue construction bonds bearing
interest at a rate to be determined by the Council, nayable semiannually to
be dated Septemberl, 1965 and to mature on September 1 of each year as follows
but to be callable on such terms as the City may specify in the contract of
sale:
YEAR A.MOUNT
1967 $ 25,000
1968 25,000
1969 25,000
1970 24,000
1971 23,000
1972 70,000
1973 73,000
1974 74,000
1975 78,000
1976 82,000
1977 85,000
1978 88,000
1979 93,000
1980 97,000
1981 102,000
1982 104,000
1983 110,000
1984 115,000
1985 119,000
1986 123,000
The bonds are to be sold for the purpose of constructing transmission lines
and a complete aistrlbution system for natural gas to serve the City of Mountain
Home and paying expenses and making expenditures incidental thereto, with the
bonds to be issued at one time or in series from time to time as subsequently
determined.
Section 2. That the Question be placed on the ballot for the special election
in substantially the folJoving form:
Vote on mepsure bv placing an "X" in the scuar-e above the measure either
for or cagainst:
For the issuance of bonds
·················
..·····u
Against the is~uance
of bonds
o •••••••••••••.•.••.•.•.•.•.•.• n
It is proposed to is ue not to exceed $1,535,000 in principal amolmt of
negotiable gas transmission and distribution system revenue construction
bonds, to bear interest at a rate to be determined by the Council, payable
serially on September 1 in each of the years 1967 to 1986, inclusive, for
the purpose of constructing transmission lines and a distribution system
for natural gas to serve the City of 1-1ountainHome, Arkansas and paying
e~enaes±and m~ldng exp~ndit1).res incidental thereto, irliththe bonds to be
ffi[n~a.alto!~ ~ttitegpl~e~etb~t iBr~h~~e~ time as subsequently deter-
page 2 of 2
ORDI'TANCE NO. 185
a majority vote is cast in favor of the issuance of the bonds for said pur-
poses, the City of Mountain Rome "~ll lease the said transmission lines and
distribution system to Arkansas Western Gas Comnany, which lease ~nll grant
to Arkansas Western Gas Company an option to purchase the said transmission
lines and distribution system.
Section 3. That the election shall be held and conducted and the ~ote thereof
canvassedcnd the result declared under the law and in the manner now provided fOT
Municipal elections, and the Mayor of the City of Mountain Ro~e is hereby author-
izedcnd directed to give notice of such election by an advertisement published
weekly, once a week for four (4) times in a newspaper having a bona fide circu-
lation in the City of }lountain Rome, the last publication to be not less than ten
10) days prior to the date of the election, and only qualified voters of the City
of Mountain Rome shall have the right to vote on said question.
Section h. That it is contemplated that in the event a majority vote is cast

in favor of the issuance of the bonds, the City of Mountain Rome will lease the
transmission lines and distribution system to Ar-kansas He-stern Gas Company, vrhi.ch
lease ~nll grant to Arkansas Western Gas Company an option to nurchase the said
t.r-ansmi ss'i.on lines and distribution system.
Section 5. That the result of th"" election sha'l be proclaimed by the Hayor,
and his proclamation shall b"" nublished one time in a newspaner having a bona fide
circulation in the City of Hountain Rome, and his nroclamation shall advise that
the results as proclaimed 1~11 be conclusive unless attacked in the courts vdth-
in th~rty (30) days after the date of such proclamation.
Section 6. That a copy of this ordinance shall be given to the Baxter County
Board of Election Commissioners so ,that they may Drov~de the nedessa~J election
officials and supolies.
Section 7. That all ordinances and parts thereof in conflict herewith are here-
by repealed .•
Section 8. That the pr-ovi.saons of this ordinance are separable, and in the event
that any section or part thereof shall be held to be invalid, such invalidity
shall not affect the remainder of this ordinance.
Section 9. That it is hereby ascertained and declared that the lack of gas
transmission lLnes and a distributio~ system for natural gas to serve the inhabi-
tants of the City of Mountain subjects the City and the property therein to
greater fire hazards and greatly endangers the lives, health and property of the
inhabitants, and that the construction of gas transmission lines and a distri-
bution system for natura~ gas, which is immediately necess8~J in order to protect
and preserve the livps, health and property of the inhabitants, can be accom-
plished only by the issuance of bonds. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate preserva-
tion of the public peace, health and safety shall be in force and take effect
iromediately upon and 8'ter its passage.
PASSED: July 9, 1965
ATTEST: APPROVED:
ORDINANCE NO. 186
AN ORDTIJANCE AUTHORIZING THE EX~CTUION _AND ENTERING TIiJTOOF AN

.AGREEl1ElIJT
MJD OONTRACT ''ITH ARKANS./)'S1lP'ESTEFJlT
GAS COllPANY FOR
CERTATI;rB~GINEEIING, PURCHASTIIJGAND RIGHT OF WAY ACQJISITION
SERVICES IN COl'TNECTIONli'lITH
THE CONSTRUCTION OF A NATURAL GAS
SYSTEM.
BE IT ORDAIlffiDby the Council of the City of Mountain Home, Arkansas:
Section 1. That the City of Mountain Home, Arkansas, enter into an agree-
ment and contract 1,,7 ith Ar-kansas-1elesternGas Comoany for certain engineering,
purchasing, accounting and riGht of way acquisition services necessary in
connection vuth the construction of a natural gas transmission and distri-
bution wystem by the City containing such terms and conditions as set out
more fully in the form of contract hereinafter suthorized to be executed.
Section 2. That the said agreement and contract shall be in substantially

the follo~nng form:
AGREEMENT
This Agreement a nd Contract is executed this 9 day of July 1965, by the under-
signed Hunicipalitv (hereinafter referred to as nMunicipality!!), organized
under the laws of the St~te of Arkansas, and .Arkansas ~Testern G s Company
(hereinafter called l1Company"), an .Arkanscs Corporation, upon the premises
and in considerction o" the mutual convenants and arpements
',';
here:Lnafter
expressed, to-lc"'it~
V,JHEl1.E.AS,
it is deemed to be to the best interest of thp Municipality that
every effort be made to secure natural gas services for its inhabitants and
rural areas adjacent to same;
vffiEREAS,it has been determined that the most feasible method of obtaining
such ser\~ce is through the issuance of revenue bonds to finance construction
of said system a nd the entering into an agreement with the Arkansas irIestern
Gas Company covering the operation, lease and sale of such transmission
and distribution system; and
irlliEREAS,it is contemplated that the total costs, including all expenses

in connection vuth the installation of such transmission and sistribution
systems and specifically including a 11 costs of issuance and sale of said
revenue bonds Bnd including fees, expenses and charges incidental to pub-
lications, elections or other proceedings, including condemnation proceed-
ings as same shall brcome necessary, shall be obtained from the proceeds of
revenue bonds to be sold by the Hunicipali ty.
Nmv, THEREFORE, BE IT KN01'JN BY THi:i'SE

P}ESENTS THAT:
1. .All fees and expenses incidental to the sonstruction of thp gas system
and issuance of bonds 1,-rill
be paid from the procpeds of t he bond issue.
2. The Company ~~ll secure the rights-of-vay and settle the damages in-
curred, for mhich the M~nicipality ~~ll pay to the Comnany its actual
costs, including its exPenses in connection the~,nth.
3. The Campany ~nll reorpsent the Municipality in the 20nstruction of its

natural gas transmission line and distribution system, ~~d "~ll furnish in
connection ther§itdth, subject to-the approval of the Council, .aLl, necessary
engineering services, performed by a professional engineer, registeredto
practice in Arkansas, for which the Municipality vnll pay the Company six
per cent (6%) of the total coat of the improvement.
h. The Company- ,,"'ill

represent the Hunicipality in the purchasing and se-
curing of materials, handling, warehousing, tallying of pipe and prepare
proper accounting records covering materials, construction and operating
purposes, for which the Municipality vrill pay to the Company three (3%) of
the authorized bond issue.
5. The obligations of the respective parties to this agreement are conting-

ent upon the Municipality passing all ordinances, calling elections and ex-
ecuting all leases and agreements, and taking all other action necessary in
cooperation itnth the Company, to secure the expeditious issuance of bonds and
construction of the plant.
ORDTI\fANCE.#186
page 2
6. The Council "ull meet, pass all ordinances, call elections, execute
all leases and agreements, and take all other action nec"'ssary in cooper-
ation lNith the Company to secure the expeditio:s icsuance of bonds and
construction of the plant.
CITY OF }10U.NT.AI1'if
HO"'F',ARKANSAS
/Q
By {
'-"':
ATTEST:
lmKANSAS 1tJFSTE1.lN
GAS COHPJ,NY
BY-.......,,::--.......,,---:::::---,::--:-----:::--------
Charles E. Scharlau
Vice President
Section 3. That the ¥~yor and Rocorder of the City of Mountain Home be,
and they are hereby, authoriz~d and directed to execute in the name and
on behalf of the City of Mountain the a6reement and contract in the form
as herein authorized, ~nd to deliverne instrument when so executed to
Arkansas 'Hestern Gas Comoany ,
Section ti. That it is ascertained and declared thatthe la~k of a distribution

system for natural gae to ser'7 t.h~-j.nhabit<'Dtsof th'" City of Hountain
0
Home subjects the City to sre~ter fire hazards andgroatlv endangers the
life, health and DroDPrt'r of the inhabitants thereof, 2nd that it is nec-
essarythat t.he City of Mountain Home, Arkansas, immediately construct a
distribution system for natural gas to protect and presrrve the life,
health and property of its inhabitants, and that only by this ordinance
can said system be immediately constructed and put into pperation. It is,
therefore, declared that an emergence exists and this ordinance being
necessary for the i~~ediate preservation of the public peace, health and
safety, shall take effect and be in force from and after its passage.
July 9, 1965
APPROVED:
ATTEST:
~~ Vdjo/,v
Delores TaPp, Recorder
ORDINANCE NO"
AN ORDINANCE AUTHORIZING THE LEASING

OF Trili PRDPOSED NATURAL GAS DISTRIBU-
TION SYSTEM AND ITS P~LATED FACILITIES
OF TEE CITY OF _MOUN".rAINliOI"'m ,
ARKANSAS, AND THE EXECUTION OF AN
AGREE1YiENT PJ:ID L&(\$Z" "\f.lITH
AN OFTION
TO THE LESSEE TO i2URC:HASE..
BE IT ORDAINED by the Council of ~~e City
of MOUl1.tain ~ Arkansas ;
§2;.ctiEn1. Th.at the City of :Mountain Home

Company
it.s pJ:bposed natural gas distribution system and rela"l:ed
2L )
y~'?;:,~for the rentals, under the provisions of lease, and with
aT ojtion to purchase as s~t out ~ore fully in the form of
A!(!~'?:'?Tile"r;:t and Lease hereinqftE:r authorized to be executed.
Section 2. That the said Agreement and Lease
with option to purchase sh~ll be in substantially the
following form:
AGREEMENT TO LEASE
This Agreement and Lease is executed this 1st day of
SiFp"te"",iher $ 1965, by the undersigned Municipality (here-
inafter referred to as HMunicipalityH), organized under the
laws of the State of Arkansas~ and Arkansas Western Gas
Company (hereinafter referred to as "Company"), a corporation
organized under the laws of the State of Arkansas, upon the
premises and in consideration of the mutual agreements and
covenants hereafter expressed, to wit:
1. Municipality proposes to make natural gas service
available to its citizens at the lowest possible rates
consistent with the cost of service; and to accomplish such
purpose proposes to construct a natural gas distribution
system and related facilities and to construct a natural gas
transmission line (hereinafter, together with rights of way,
easements and appurtenances, collectively referred to as
Himprovements"), generally described in Exhibit "Ali attached
hereto (and pursuant to plans and specifications approved by
the parties hereto), and upon completion of improvements to
lease it to the Company with option of Company to purchase,
for the considerations and upon the terms and conditions as
hereinafter set forth.
2. (a) Municipality, at its own expense,shall secure
from the Arkansas Public Service Commission a certificate
that the public convenience requires or will require the
construction and operation of the improvements; and shall
secure funds, through the issuance and sale of revenue bonds,

,_'0,
necessary to pay the cost of constructing said improvements,
including costs of rights of way and easements, first year's
interest, reasonable engineering, supervision, and attor~eyfs
fees, and all of the Municipality's expenses incident to the
issuance and sale of said bonds. The aggregate of all such
costs and expenses is hereinafter referred to as the cost of
said improvements. The Municipality is issuing revenue bonds
under Act No. 71 of 1949, as amended, in the principal amount
of $ 1, , dat.ed (herein called "bonds"
or "bonds of the MunicipalityH).
(b) Municipality agrees that it will not during the
life of this lease create, permit to be created, or take any
action toward the creation of, any lien or encumbrance against
the improvements in addition to that of the bonds to be
executed under the terms of the aforesaid contract.
3. Company, at its own expense, will make such applica-
tions as may be necessary to regulatory authorities having
jurisdiction for the approval of this agreement and for
authority to deliver gas into the improvements.
4. Municipality agrees that it will acquire the necessary
rights of way, easements, crossing agreements and sites for the
improvements and let contracts for construction of the improve-
ments in accordance with the plans and specifications approved
by the parties hereto as soon as possible after the execution
of this agreement and approval thereof by regulatory authorities.
5. The aggregate of funds received by Municipality on
account of the principal of the bonds issued and sold by it
- 2 -
and not needed to pay the cost of the improvements shall be
used to call and redeem bonds at their par value, and the
Municipality shall make such call and re~emption as soon as
the amount not needed for payment of the improvement may be
ascertained, provided no partial payment shall be made on any
bond~
6. (a). Municipality hereby leases to Company the improve-
ments for a period of twenty-one (21) years from the date of the
completion of improvements.
(b) Municipality shall deliver to Company the improve-
ments when completed and inspected and approved by Company as
conforming satisfactorily with the plans and specifications
and all contracts and documents relating thereto.
(c) Company shall operate and maintain the improvements
during the term of this agreement, in accordance with the usual
standards of operation and maintenance. The maintenance of
the improvements shall include, without limitation, the keeping
of the same in good repair and the making of the necessary
capital replacements therein or additions or extensions thereto.
All repairs and replacements, additions and extensions shall
be at least equal to the material and standard for workmanship
used in the original construction.
(d) The duly authorized representatives of Municipality
shall have the right to inspect the improvements at all
reasonable times for the purpose of ascertaining whether they
are being operated and maintained in accordance with the terms
of this agreement.
- 3 -
(e) Municipality shall keep and maintain, or cause
to be kept and maintained, complete accounting records of the
cost of construction of the improvements in accordance with
the Uniform System of Accounts of the Arkansas Public Service
Co~~ission applicable to gas utilities, which shall be avail-
able for inspection by Company or its authorized representa-
tives at all reasonable times. Company shall keep and
maintain, or cause to be kept and maintained, complete
accounting records of the improvements and their operation
in accordance with said Uniform System of Accounts, including,
without limitation, the records of all capital replacements
and retirements and the cost of operation and maintenance of
the same, which shall be available for inspection by the
duly authorized representatives of Municipality at all
reasonable times.
7. Company shall, at its expense, carry adequate public
liability insurance, and pay ad valorem taxes, special
assessments and other governmental charges of whatever
nature levied against the property of the improvements, and
all costs of operation, maintenance, replacements, necessary
additions and extensions of the improvements arising after
completion thereof by Municipality and acceptance by Company.
8. (a) Basic Rent.
(1) Company covenants to pay Municipality,
in the manner hereafter set forth in subparagraph (c) basic
annual rent as follows, payable semiannually on the dates and
in the amounts indicated:
-4 -
- ;.'
(Mountain Home)
February 20, 1966 $ 23,520.00

August 20, 1966 23,520.00
February 20, 1967 23,520.00
August 20, 1957 52,520.00
February 20, 1968 23,048.75
August 20, 1968 535048.75
February 20, 1969 22,561.25
August 20, 1969 52,561.25
February 20, 1970 22,073.75
August 20, 1970 53,073.75
February 20, 1971 21,570.00
August 20, 1971 54,570.00
February 20, 1972 21,033.75
August 20, 1972 83,033.75
February 20, 1973 20,026.25
August 20, 1973 84,026.25
February 20, 1974 18,986.25
August 20, 1974 85,986.25
February 20, 1975 17,897.50
August 20, 1975 86,897.50
February 20, 1976 16,776.25
August 20, 1976 87,776.25
February 20, 1977 15,622.50
August 20, 1977 87,622.50
February 20, 1978 14,362.50
August 20, 1978 89,362.50
February 20, 1979 13,050.00
August 20, 1979 90,050.00
February 20, 1980 11,702.50
August 20, 1980 91,702.50
February 20, 1981 10,302.50
August 20, 1981 93,302.50
February 20, 1982 8,850.00
August 20, 1982 95,850.00
February 20, 1983 7,218.75
August 20, 1983 98,218.75
February 20, 1984 5,512.50
August 20, 1984 99,512.50
February 20, 1985 3,750.00
August 20, 1985 101,750.00
February 20, 1986 1,912.50
August 20, 1986 103,912.50
-5-
1,
aIU0U11t
cost construe
as araeunt;
amount
all1Lount.
anount are
to
m::01J.ntneces to
or
or on
not~
(2). If at any time while any of the bonds
shall be outstandings the above specified basic rent shall
be insufficient to provide for the payment of the principal
of and interest on the bonds as the same become due~ the
amount of the insufficiency shall be paid by Company as
additional basic rent. If at any time the amount in the Bond
Funds hereafter referred to in subparagraph (c) hereof~ is
sufficient to pay in full the principal of, interest on and
Paying Agent's fees in connection with all of the outstanding
bonds of the Municipality, either at maturity or on earlier
redemption, then no further basic rent shall be payable
hereunder and all funds representing payment of basic rent
which are then held in the Bond Fund and are in excess of
the amount required to pay in full the principal of, interest
on and Paying Agent's fees in connection with all outstanding
bonds of Municipality, either at maturity or on earlier
redemption, shall be refunded to Company as excess basic rent.
(b) Additional Rent.
Company shall pay as additional rent the fees,
expenses and charges of the Trustee and Paying Agent and all
expenses, liabilities, obligations and other payments of
whatever nature which Cow~any has agreed to payor assume
under the provisions of this Lease. If at any time the
amounts paid by Company as additional rent hereunder are or
become in excess of the amounts required for the purposes
for which paid, such excess amount shall be refunded to
Company.
- 6 -
(c) Basic rent shall be paid to Municipality by
Company remitting the S8~e directly to the Trustee and Paying
Agent for the account of Municipality, and shall be deposited
by the Trustee and Paying Agent in the trust account provided
for in the ordinance authorizing the issuance of Municipality's
bonds, the iUGasTransmission and Distribution Revenue Bond
Fund.ii Additional rent shall be paid by Company remitting
the same directly to the Trustee and Paying Agent in the case
of Trustee's and Paying Agent's fees and expenses and either
making direct paYment in the case of other costs, expenses,
liabilities, obligations and paYments constituting additional
rent or reimbursing Municipality if Municipality shall make
paYment thereof.
(d)~ So long as any of the bonds or coupons or
coupons relating thereto shall be outstanding and unpaid, or
until paYment thereof has been duly provided for, the basic
rent and the additional rent shall be certainly payable on
the dates or at the times specified without notice or demand,
and without abatement or setoff, and regardless of any
contingencies whatsoever, and notwithstanding any circum-
stances or occurrences that may now exist or that may hereafter
arise or take place, including, but without limiting the
generality of the foregoing:
(1) The unavailability of the improvements at
any time by reason of the failure to complete the improvements
by any particular time or at all or by reason of any other
contingency, occurrence or circumstance whatsoever;
- 7 -
.·'.1
(2) Damage to or destruction of the improvements
or any part thereof (except in the event Company exercises the
option to purchase and pays the purchase price in cash);
(3) Legal curtailment of Company's use and/or
occupancy of the impL'ovements, or any part thereof;
(4), Change in Municipality's legal organization
or status;
(5) The taking of title to or the temporary use
of the whole or any part of the improvements by condemnation
(except in the event Company exercises the option to purchase
and pays the purchase price in cash);
(6) Any termination of this Lease for any
reason whatsoever; or any default of Municipality under this
Lease or any other fault or failure of the Municipality
whatsoever.
Company covenants that it will not enter into any
contract or agreement of any nature which shall in any way
limit, restrict or prevent Company from performing any of
its obligations under this Lease~
9. In the event default shall be made by the Company
in performance of any of the covenants herein contained and
such default shall continue for thirty (30) days after notice
thereof in writing shall be given by the Municipality, then
and in that event the Municipality may enter upon the
improvements in possession of the Company under the terms
of this agreement, with or without process of law, to take
possession thereof together with any repairs, replacements,
~8 -
additions, extensions, or alterations which have been made a
part thereof, and operate and maintain the improvements so
long as such default continues; and, in addition to any
unpaid rental at the time Municipality takes possession of
improvements, the Company shall be liable thereafter to the
Municipality for the operation and maintenance expense
incurred by Municipality, plus the rental payments heretofore
provided, less the gross revenue received by the Municipality.
The Company shall have the right to resume the operation
and maintenance of the imorovements under the terms of this
lease at any time during the period thereof by payment to
the Municipality of all amounts due under the terms hereof,
and by correcting any other defaults.
10. The Municipality hereby grants to the Company the
exclusive right, at the option of the Company, to purchase
the improvements at any time during the term of this agreement
and lease; such purchase may be made by the Company~ at its
election, entirely for cash, or partly for cash and partly
on credit, all as is more particularly hereinafter set forth.
In the event the Company shall be in default as to any
amount due under this agreement prior to the time it shall
exercise its option to pllrchases the Company shall be
required before exercising its option, to pay any amount due
under the terms of this agreement.
In the event the Company shall exercise its purchase
option by paying cash, the purchase price shall be (a) an
amount equal to the then outstanding principal of the bonds
- 9 -
issued for the construction of the improvements, plus (b) any
other secured indebtedness against the improvements, and (c)
such amount in respect of redemption premiums, accrued and
unpaid interest, and charges as will, when added to the
principal of said bonds and other secured indebtedness, enable
the Municipality promptly to call, redeem, and pay all bonds
on the first date thereafter that the bonds may be redeemed
and any other secured indebtedness. In the event the
Company elects to purchase for cash, the Municipality, after
receiving the purchase price, shall promptly redeem, pay,
and discharge all of the said outstanding bonds and any other
secured indebtedness against the improvements, and secure a
satisfaction of any liens on account thereof.
In the event the C~mpany shall exercise its purchase
option by paying in installments, it shall undertake to pay
to the Municipality, at the proper times such amounts as will
enable the Municipality promptly to pay and discharge the
principal and accruing interest of the then outstanding bonds
and of any other secured indebtedness against the improvements
as they mature, plus such amount in respect of Trustee's fees
and paying charges as the Municipality may incur.
11. Company shall accrue annually, on the original
cost of any additions and extensions to the improvements
made by it, a depreciation reserve at such rates as it may
accrue depreciation annually on its other properties of like
character. The balance remaining in this reserve at any time
Company may exercise its option to purchase shall be kept by
the Company.
- 10 -
12. In the event Company does not exercise its option to
purchase and the improvements are returned to Municipality on the
expiration of the lease, or earlier for any cause~ it shall be
delivered in as good condition as when received by Company from
Municipality, usual and ordinary wear and tear and deterioration
excepted.
13. Municipality agrees upon notice by Company of its
election to exercise its rights of purchase hereunder and upon
compliance by Company with the conditions herein provided for the
exercise of such right:; to transfer and convey to Company in the
manner provided by, and subject to, applicable laws then existing,
title to the improvements either (1) free and clear of all liens
and encumbrances whatsoever, or (2) if Company so elects, sub-
j ect to the then balance due upon the bonds and of any other
secured indebtedness against the improvements and the lien
securing the same; and to execute, acknowledge and deliver all
instruments, conveyances and assignments, and to take, or cause
to be taken, all such further action as may be reasonable and
required by Company to effectuate the transfer.
14. Either party hereto may waive its rights with respect
to default or any other matter arising in connection with this
agreement but such waiver shall not be deemed to be a waiver
with respect to any subsequent default or matter.
- 11 -
15. Any written notice, demand or request required or
authorized by this agreement shall be deemed properly given
to or served upon Company if mailed to its home office,
Fayetteville, Arkansas, and shall be deemed properly given
to or served upon Municipality if mailed to the mayor thereof.
The designation of the person to be notified or the address of
such person may be changed at any time and from time to time
by similar notice.
16. This agreement is not to be binding upon the
parties hereto until:
(1) Approved by the regulatory authorities
having jurisdiction in the premises;
(2) Municipality has granted Company a valid
franchise to operate the natural gas system therein;
(3) Municipality has taken all steps required
by, and has fully complied with~ all of the provisions of

Ark. Stats. (1947) §19-3907 authorizing a sale of the
improvements to Company;
(4) MUnicipality has adopted a valid ordinance
regulating the installation of natural gas services, fittings,
and provided specifications therefor and for appliances, and
for inspection of gas piping and appliances.

17. This agreement shall not be assigned by either
party in whole or in part without the written consent of the
other party, except that it may be assigned by Company in
connection with reorganization, merger or a sale oiits
assets and properties.
- 12 -
18. It is agreed that the Municipality and the Company
shall not alter, modify or. amend any of the terms of this
lease and agreement without the prior ~£itten approval of
the Trustee for the holders of the bonds, which consent will
not be unreasonably withheld.
IN WITNESS WHEREOF, Municipality has caused this agree-
ment and lease to be signed in its corporate name and its
corporate seal hereunto affixed and attested to by its
officers thereunto duly authorized; and Company has signed
its corporate name and its corporate seal has been affixed
hereto and attested by the officers thereunto duly authorized,
all of the day and year first above written.
Ci ty of )ioHutajn Home ,Arkansas
Attest:
ARKANSAS WESTERN GAS COMPANY
- 13 -
ACKNOWLEDGr.1ENT
STATE OF ARKANSAS )
COUNTY OF wad,;:.,,/&..- j ss
o
On this :21/ day of ¥ , 1965~ before me, a
Notary Public duly commissioned, qualified and acting, within
and for the County and State aforesaid, appeared in person

LJ /l
the within named ,4a~ /J
~7/i:{ and
__~~~~~~f~aA~/~~~~~~~~·~t?J.~t?~/~~.~J~~~,~~.~~
, President and
Secretary, respectively, of Arkansas Western Gas Company,
an Arkansas corporation, to me personally well known, who
stated that they were duly authorized in their respective
capacities to execute the foregoing instrument for and in the
name and behalf of said corporation, and further stated and
acknowledged that they had so signed, executed and delivered
said foregoing instrument for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this cf<.f day of
Notary Public
My commission expires:
th4c-rA If IY?Y
- 14 -
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF &:t;- ~ ss
On this 7.?
a Notary Public duly
day of #-
cOIDm1ssioned,
, 1965, before me,
qualified and acting, within
and for the State and in person
the
respectively, Arkansas~ a municipality

of ~~.~i.ll;.i~....li:.Jl;==-" of
the State of Arkansas, to me personally known, who stated
that they were duly authorized in their respective capacities
to execute the foregoing instrument for and in the name of
said municipality, and further stated and acknowledged that
they had signed, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have ~here to set my hand and
official seal this 7tJ day of ~ ? 1965.

"
- 15 -
Section 3.. That the Mayor and Recorder of the
__________ of be, and they are hereby,
authorized and directed to execute in the name and on behalf of
the City of the agreement and lease
with option to purchase in the form as herein authorized, and
to deliver the instrument when so executed to

-------
---------------"
Section 4. That upon the exercise of the option
to purchase as provided in said agreement and lease, and
the performance by of all
acts required to be performed by it under the provisions
of the said agreement and Lease, the Mayor and b~
of the City of be, and they are
hereby, authorized and directed to execute in the name and
on behalf of the City of JlI0"41Ja an instrument
of conveyance as provided in said agreement and lease and
to deliver the said instrument when so executed to ----

Compa:ny .•
Section 5.. That it is ascertained and declared
that the lack of a distribution system for natural gas to
serve the inhabitants of the City of

--------
subjects the to greater fire hazards and great.ly
endangers the life, health and property of the inhabitants
thereof, and that it is necessary that the of
_~~~~!::.!!~~ ~Arkansas immediately construct a
distribution system for natural gas to protect and preserve
the life:lhealth' and property of its inhabitants, and that

only by this ordinance can said system be immediately
constructed and put into operation. It is, therefore,
declared that an emergency exists and this ordinance
being necessary for the immediate preservat Ion of the
public peace, health and safety, shall take effect and
be in force from and after its passage.
PASSED: <7
c;d) .
~+- JI, -'-'1e)/
«p!.yr,Ji-UL.
,1 A
, 19_6_5__
APPROVED:
ATTEST:
litJwv1/7 {)Wp'
(SEAL)
C E R T I F I CAT E
The undersigned'~~~er of
---------- ,
Arkansas, hereby certifies that the foregoing pages numbered
1 to , inclusive, are a true and perfect copy of Ordinance
No. 1£1 passed at a </}evgc4z ~/

session of
7T
the Council of 2~~~~~~:....__, Arkansas held at the
regular meeting place of the Council at '7,f30 o'clock
P.m. on the __ 5<_' ••••0_' __ day of _...;s2~~ U

,-"",-,;;;;;;l /~f ,t2T'/,.;;;.}:i;;;::;/;;,:;.n","J~/~'-t
•••/1;..l,""f'---~ 19_,
and that said Ordinance is of record in Ordinance Record
Book No. ___ , page ___ , now in my possession.
Given under my hand and seal this
(SEAL)
C:JSTIUCTICl) OF G' S TR.,o (lJSTIIS SICfT LIIFS
DISTRIBTJTIO':T ,sYSTSi\"j FO~ l\lAT"U3.LL G.[S TO 5ERi,rs THE CIT~{ OF l·I:JTJITT.PIl-J HOT- m, 1
ARKJ\rTSjS~ PRC"\!IDHJG FOR T"f"rrISSUiJWZ OF GiS TR.}")")SHISSI:JN ~mJJISTIBUTIDlJ SYST1:;'T'1

R~IJ=NTE CJNSTR.1 CTICJN BDNDS OF TIff? '-:;ITY TO PlY THe;; COSTSOF CO'TSTRUCTION: PR.'";"-;:-
T
SCRIBDTG DTh?R T;T}TTF,{S R1?LI'T'I"JG TETt'RETO: IND D17CL}R.I"'G N ZT;lERG~JCY
'in:rH";TV?jS
by Or'di.nan ce duly passed on the"" 9th lay of July, 1965, there teas sub-
mitted to the cU21ified electors of the City of' J'bmtain HOT"1e, J!,rkans2s(here-in
called ll11unicipali tyll) the oue st-i on of whet.her it shou'l.d Ls sue Gas Transmission
and Distribution S7stem Revenue Construction Bonds in the a-ount of 535,000,
for the pnrposE" ofconstr'lct-inc;-:zas trcms~isC"io;: linps =nd 2 distribution syste"1'1
f'or nat.ur-aL gas to serFp tho H1J.n~~ciDalitv; and
j-IT-IFT-tF,·.S due notice of thp =Lect.i on I,ras v=n as rerlircrl b-r len·'"2nd thet :01. s:oid
election \,"ot~s i,-re2-'C 8PS"G i~'1 f'avor- of s ei.d oond isc>J,s and 31 votes T·-Cf-'Tr-:-C2St
aaa.i.ns t lv; and
'-4-
'}j"::=:,cj:3 'THECcunca.L of thr lium c i pal i t.v hE5 determined t::! const.r-uct, gas tr2ns-
missionlines and a co~plete distribution
under thp pr-ovi.s i ons of Act ITo 71 of the 0 cts of t.he GSll.eral
as and has caus ed to be
filed uith the Recorder by a d.11.1y qua Li fi ed engineer, chosen by the Council,
plans and specifications for, and an estimate of the cost of, the gas trans-
mission lines and the ges distl'-'ibuti'::rn sys t.ern; and
i1HERKSsuch 'plans "provide for the con st.r'uct.i.on 0 f gas transmission lines from
a point at or near 110untain Home, Arkansas into the I'Tunicipali and a complete
gss distribution system consisting in general of gas distribution lines, in-
cluding meters(called l1Droject )j and
ll
according to the above mentioned estimate, the cost of the construction

'frill be 535,000.00 including the cost of securing necessary rights of "Hay
for the trans1T,ission lines, engineering, legal and other expenses incidental
to the construction and to thp Ls suan ce 'Of t.h= bonds hereinafter sut.hor-i.z ed,
arid interest to thp p~ti....,atpcl dat.e of tl1.e c:]n:pletion 0 +h= c mst.ruct.i.on- and
to bE ~rom the revenues of

tile project. to b~ issnp~j in series fT'O"':')timp to tim.e; rnd
',0:'-JJi,:r:'.AS TI-n'~
i!funicip? li tv has pntered into 8 contract "i th 1'. J. 'I'aney IS:: Sons,
Little Rock, Ar-kansss for the sale of 285, oeo of Sprios Bonds at thE' pr-i.ce
of par for bonds bearin~~ interest at the rate of Lt% per annum, and accrued
interest to date of delivery; and
CJF[ER~~j\S the Council has leased. to Ar-kansas \-Iestern Gas Company for a tf"rm of
tVTenty-one (21) years, Fith an option to purchase, the project for rentals
and a pruchase price sufficient to Day the bonds in principal and in-
terest, as they mature~
Section 1. That the project be constructed.
Section 2. That the sale of the proposed issue of 235,000 of Series

Bonds to T. J. Raney Sons, and the conversion of s8id issue to an issue of
,000 of 3 3-~% and 3 ore; op-
and C011:' irn~pd~ TIle Trustee 31'1ct shall be :Tortherl 8an.k &:
I'r-ust. :; Little Rock, Ar-kansas ,
Section 3. (a) 'I'ha+ under the aughor Lty of the Constitution and Lava of the
State of Jrl:~ans2s, particularly cr. No, 71 of 19119, as a"1E"nded,Gas Transmission
and Distribution Svste'1l Revpnue Construction Bonds of the }'JI1micipalit"y arc here-
by authorized and ordprpd issued in the total unconv er+ "'d principal Elmomt of
One ~,Iil1i(Jn Hundr-ed Thous and Dol1?rs ( .S3),C{iO.CO J he -oT'D-
cost of th", construction): the proj ct LncLu-rin- thp cos t.

of uay for the trans0is",ion lines, cn-inecrin , le
-OFnses .i.n c.i :01 the'opt::! <=n the iSSUErOP of thponcls,
j 2nd interest to the
estiiT'at~d date of co.""letioD 0 the:::cmstr~.1Ction. R.eferences herein t the un-
cmaliti.iied 'Fork bonds" shall mean 21100nd2 of the tote L aut.hcr i z ed issue.
ORDI~l j ij 1 p
the ~0nds of a P2rticu12r soriee are ir-tendod thp rOlerencc shall to thE"
particul;::rseries, such as !1$eries Bonds.
(b) The in.itial series sh211 be liSeries shall be numbered consecutively

from 1 to 1,3h5, inclusive; and shall be in the denomination of 000 each.
?he Series Bonds shall 00 dated September 1) 1965, and shell bear interest 2S
f'oLl.ows : Bonds 1T020 1 to 6, inclusiv-e, shall ~be?r i:1.tt?rest at the rate of
3 per alLDum; Bonds Nos. 7 to 873, inclusive, shall bear interest at the
rate of 3 per annum; and Bards Nos. ,3 to 1,3LS, inclusive, shall bear inter-
est at the rate of 3-3/Ll.% per annum, The interest shaLL be payable semi-
annually on Harch 1 and September 1 of each year commen c'i.n g Harch 1, 1966, the
interest to be evidenced by interest coupons, and the principal and interest
shall be pay;::blein la0uul money of the United States of America upon presenta-
tion of the bond or proper coupon at the office of the Pa=nng The
Series Bonds shall mature on September 1 in each year as follows, ~ut are
callable as hereinafter set forth;
YEJ'JR BOND flU. AHJUITT
1967 1 29 9,000
30 r:::o
-,,'/ 30,000
1969 89 30,000
90 120 31,000
r"
1971 -r
J..C-L
- 153 33,000
1972 - 21 c:; 62,000
1973 216 - 279 hLr,ODO
197Lr
lQ7C:;
2:10 3),6 - 67,000
_/ 1,- 3 7 - )-,15 69,000
19 2:16 6 71,000
1977 7 558 72,000
""'(0
19 j// 633 75,000
1979 63h - 710 [7,000
19;30 711 - 790 80,000
1981 791 873 33,000
1932 B7L - 960 87,000
1983 961 -1051 91,000
198h 1052 -llLS 9).+,000
1985 Ilh6 -1243 98,000
1986 12hLr. -13h5 102,000
(c) The City reserves the right to issue additional series of bonds from time
to time subject to co~pliance I· ithall of the conditions of theis Section 3 (c) with
T
all such bonds issued under- and secured the pr-ov i eti.cns of this ordinance to
rank on a parity of security 1.rith all other bonds theretofore or thereafter
issued under and secured by the Drovisions of this ordinance. The additional
bonds shall be issued in deries ,critheach series to bp desicmated in a Lohab=td ca'L
orde1~beginning ;:dth Spries l1Bl1. Interest on the additional bonds shall be
p2yablp on of years 28 shAll O? 2uthoriz-
00 c i'.Thi--;h. 811.211 set for l..
! 811 dpt?i13 cone
the:-b01,c18, _ certi:i<'r3cae-'Tof ",hi:;]; Ordin?n:;p o-hal1 b·" filed Fith
the Trustee lJriC)r to thr- iSQUarl(;p and 2n~\T such ?cl.'1-·i
tion.~l bonds, T"r~~n
__
+her= .sh211h2v",·been f i Lsd TTiththe Trustee a certifipd CODy of thp SupDlenental
()rdi~ance a nd an opiru.on of coun s el, satj_sf2et,or:T to th.r' Trust.::!? ClYl"')roITirl? the
additional bonds of thr ~eri~~ thpn proposed to bp iS~lled, the Trustee shall
authenticate the additional bonds '-hen executed and d plj_v<'redto it and the Trustc-9
shall deliver such additional bonds as provided in the SUD01emc:ntal Ordi"'ance.
Spction L.. That the bonds shall 'oeexecuted on behalf of the Hunicipality by the
Mayor and Recorder (vQth either the facsimile or manual signature of the }~yor and
with the manual signature of the Recorder) and shall havo impressed thereon the
se31 of the HEJ.licipality. Interest coupons attanhed to epch of the bonds may be
executed by the facsimile signature of the l1ayor. The facsimile signature shall
have the same force and e·rf"ct as if he had personally signed each of Scid coupons.
The bonds, together ~Qth interest thereon, shall be payable solely out of the Gas
Transmission and Distribution Revenud Bond FQnd as hereinafter defined, and shall
be a valid claim of thel,olders thereof only against such fund and the revenues
pledged to such fund, which revenues are hereby pledged and mont.gaged for the eqi al
and ratable payment. of, and shall be used for no other purpose than to;8Y, the
principal of and interest on the honds. The bonds 2nd coupons shall not con-
stiture an indebtedness of the l'Iunicipalityvri.t.hi,n any constitutional or statutory
limitation.
page 3
Section 5. That the bonds and coupons shall be in substantially- the folloTtTing
IOl'"'m:
mIITED ST TES OF ArlliRICA

STJTE OF ARKJ,NS.AS
CITY OF HrJT'E
% G.AS
DISTRIBUTIJN SYSTFH RE'TFlIJU-S:
CJNSTRUCTION BONDS,
SERIES
---
That the City of TvlountainHome, (hen,in called llHu'1icipali t.y'!

) in the County of
Baxter pnd Stat~ of -~kans8s, acknowledges itself to o~"~, and for value re-
ceived, hereby Dro'"'1isesto DrY to bearer, solely fro'C the special fund lorovided
as hereinafter set forth, the pr-i.nc i.paL SU'Clof DOLLARS in l;:rFful
money of the United Stat!'?sof America, on the first day of September, 19
and to pay solely fro'"'1said speeial flmd, interest her~on at the rate of--
per eent ( %) per- annum from date, aemiannual13T on Har ch 1 and September 1
in eaeh year, commencing Hareh 1, 1966, upon presentation and surrender of the
annexed coupons as theJT severally become due. Both principal hereof and in-
•..•
".j
terest hereon are male payable at 'JJorthenBank (,:Trust Company, Little Rock,
Arkansas.
This bond is one of an issue of () bonds, designated Series

, aggregating ($ ), numbered from 1 to , inclusive, all
---,---=--
of like tenor and effect except as to nwmber, rate of interest and maturity.
The Series __ Bonds are part of a total authorized issue in the unconver-ted
principal amount of , and are issued for the purpose of pro-
viding for the pa}~.ent of the 80st of the construction of gas transmission
lines and a complete distribution system for natural gas to serve the Municipality
(herein called liprojectil). The bonds of said total authorized issue rank on a
pari of security rp~ardless of series and regardless of ~!hen delivered and
references herein to the unoualified Hord Ylbondsllmean all bonds of the totC'l
issue, regardless of series.
The bonds are issued pursuant to ann In full compliance with the Constitution
and laws of the State of Arkansas, particularly ct No. 71 of the General
Assern'olyof the StC't'"of' Ar-karis s.s for the v"'er IG ,as a'"'1ended, and pur-suant.
to ordinances of the Coun ci L of the 1'cIunicip;:;li ty duly a:JoDed, and in pur-suance
of an election du'l,v helr). at ,-Thichthe majority of t,hr- l"gal voters of the
}\IuniciDalit~r voting at s s i.d clpctio11 vot ed in fern-or of t.1'18 issuance of sr i.d
honds. The bonds are not genp~al obli;ations of the MuniciDC'lit~TJbut C're
special ob'Li.g at.i.onspaY2ble solely from the "TOSS r ev =nues from the T.'roj Fct,
an amount of the gross r sv enues s uf'fi.cd ent. to pay the principal of and interest
on the bonds as t.hp S2mp beco"'16due and payable has been duly set eside and
pledged as a special f'und for t.hat. p.rr-pose and ide·ntified as the HG2S 'I'r
an s-,
mission and Distribution Revenue Bond iI created by Jrd.inancs Ho. 187,
duly adopted and apnr-ov ed on the 20th day of September, 1965, under' wh.i ch This
bond is aut.hor-i zed to be issued, and in said Ordinance the::Hunicipality has
convenante::dand agreed to maintain rates for natural gas services which shall
be s~lificient at all ti"'1esto nrovide for the pa3rrqentof the principal of and
interest on the bonds as the S8me become due and payable, and has covenanted
ano a~~eed to provide for the creation of senatate depreciation fill~dsfor
necessarJT replacements to the project and to provide for the pa~nent of the
recsorlable expens es of oper8tion and m.aintpnance of +.hs eat.
ct 71 of lO
-/ and is
issued 1tTi th t.hc in.tent t.ha t t.b:2 subst.snt.Lve 12~\T or the State of Ar-kanaas shall
govern as to all ouestions of validity, interpretation and effect.
By vi.r t.ue of
the aut.hor-Lt.y
of ct No. 71 of 19l19, as 2mmded, there-is granted and
created a statutorJ mortgage lien on eh project to and in favor of the holders
T
of the bonds =nd to ,"wi in f2vor of the ho'Ld=r s of the coupons evidencing
tlle irlt~re:3t en t.he ~:Jonds, ;::n,j tl1c proj?ct shaI L rr"-'ltin s: ject to sue}':'
~;e liPD until the P2Tncn': in full of all o:~ thl? bonds , 1 and intFr-
shall have hc-n made.
The -00nd8 oct to r "rior to aat.ur-i, t,r, in inverse numer-i csl

on anv inte':"'est
D?yl'nent:1ate surplus
ORI)I~>Jl\rTCE page
-orr:Jeeeds deriiT2'cJ. frcym t~fJ,~ .:3plp of t~'l.-: bonds not rp()uirrd for the construction
of t11c: project and !0~\T DP c~11pd for rec1orrption pro.or to l~aturit=T, at tllt? opt.i.en
o f t.h= }''lnnicij?alit"'::T in, hoL> or Ln part,:hi inveY'-.~l? 11.1.!"""t?ric~1 9rde -., at D?'r
"t· .•.
~n'] accr-ued interect, on =ny int"'rpst peymsrrt dpt", out of sur-o.Lus re7pnues
derived froG thp opprptio~ of th~ croj~ct in th~ G?S Trpnsmis~ion ~nd Distribu-
t.Lon ?l..e,\TsnlJ.e Bond Fund in =xc es s of t11e a:~""o'.lrlt r~O'lired to P,?~T t}-l~ pr-Lnci.paL of
and interest on th", bends as they mature. On or after Sentember 1, 1970., the
bonds may be ca l.Led for redef4ttian nrior to m2turity at the option of the Huni-
cipali ,itl who.Le or in part, in in7"?rse numer-ics L order, at par end accrued
il1.terest on any- intpl~est pay+=rrt d2tp, T-rit,n f'unds derived f'r-cm an_:r 3~'LITCe, in~
cLud.i.ng tl-'JJ? l:)roceeds o£' 2,n~,;s2:"le of tllP pl'-'oject by the 1--Tunicipali priJr t.c
the final Y1rit )ri of the bonds, provided that in the case of the s aI e of the
1
projc:ct to t.he f'LneL rnaturit:;r of t.he bcnds , the f'unds derived fro:::l any
such sale must be used t.o call the b)ndsof this issue for payment. prior to
:rrla··t,uri~) tb.e first interest p2~ring date +her-ea fter whi ch comes on or after
September 1, 1970. Notice of the call for rede~ption shall be published by the
Recorder once a Heek for two "leeks in a newspaper published in the Ci of Little
Rock, J\rkansas having a general circulation thoughout the State of Arkansas,
T1..ng t.hs number and rflat-llri of sach bond CElled, tIle first pub l i cat.i on
1'-,(1 '0, c: ~+ 1(.:::23+
_ '...-' ~~" v ....L.,,~ ". c ~__ (l-l.-_"~1 davs or-i.
-V"l ft ~P~l'l
,-, -'- _..... t,0 +lie
I '-"'_"',/ ;" on dat.> and af't.er +",'_("1~
rc.l-l~rrin~ti _-..J.
_ C'l,i~
v..... -''J U ••.:..V _ ._' -,~,,_. "',:;' '--~c; " _u _"_ v..... '-"_"-
date fixed for redeMption, each bond S0 called shall c=a2~ to ~ear In
nro"Tide:1 funds for it" n27'"''''n+, ar"? on t Fi th the at t.hat. time. 0"
'I'hi s 'bond sha l L not l)p va Li.d until ac sha I l. have been sut.hent.Lcat ed th2 c-ert-
ificate hereon ed Trust~e.
IT 1:3 H1T:~~BY R'\7'~~I'Tll?l) r.:;?CI,i':R~~Dthat all Acts, conditions and

things required to exist, h2nnen and be DerforMed pr=cpdent to and in the issu-
anc e of tlns bond hav "'xi"tod, h8v'" happan sd and ha'T" '08811performed in due time,
r
crvn and manne-C'as rpl"!lir",d bv laF; that the indebteQnes,s rpnrosented by this
bond and th~ i~sup of ~~i~h it forms a part does not eY~cpd any constitutional
ar statutory limitations; and that suf'f'Lc i.ent. of th" inc:.)m? and r-evrnud vh i.ch
is deemed to be derived from the oneration of th0 nroject has been pledged to
and ;,.'ill 0'" set aside into t.hs Bmd Fund for t.h= naym<'nt of t.h= principal of
2nd interest ')11. the bonds.
INTITHC:SS ":THEIlEOF, the Hunicipality, H,S Council, has caussd this bond to
be executed lGS and Clerk (with either the manual or facsi~ile signa-
ture of the and the manual signature of the Clerk) and sealed with its
cDrOOT'3te sP2,1 and has caus ed tl1S coupons at.t.ached to b-? e}("Pcut,ed t112 fac-
simile s i gnaut.r e of th", 211 as of the 1st day of September, 1965.
CITY OF ly'lGTJ"lJTI\T .A'RIQ\IT5J~S
By Boyce Drake, Mayor
(SE.:\L) Delores Tapp City Clerk
(Form of Ccupon )
No. c;
----- ".-'------
Har-ch
On the 1st day of Sentember, 19 , the City of Mountain, Baxter C01L"1lty,}!,rkansas,
unless the bond to which this counon is attached is paid prior thereto, hereby
promises to pay to beerer s-lE'ly out of the special f'1nd sDpcified in the bond
to "Thich this coupon is attached!, DOI.LJES in laT,rful =ionev of the United
States of America et thp princinal office of Horthen Barik £c Trust Cor-pany , Little
Rock, Ark2ns2s, bein~ six (h) months interest thp11 mlP on its Gas Transnission
2nd Distribution Svst~~ Rovcnu'" Construction Bond, Series , dated Septem-
ber 1, 1965, and nllTl1bprpd
----
crrv 0-:-;' HJTJl'TT
ITT
T'layor
On each bond shall anpear the folloFing:

CBl.TIFIC.A
TE
This is one of th"? Series Bonds described herein
a ggregating :j:~-::--:==:-=,-:::--::::-;=-=-=
r,rORTH8\T '3fNK ~: TI'{!]STCO"PP3JY, LITTLE ROCK, ARJCPNSPS
Jj~T-.,-.,-:-;-_-:-_-:--;::-,:--_-;- _
Authorized Signature.
3ecti'Jn 6. 'I'har. tile Counci.L finds t.nat. ,the rentals to be paid Arkane as
1'}estern G8S to the I\;iunicipality under the pr ovi.s i.on s of the
and Lease aughor-i.z sd to be exe cut.ed by Ordincmce No. 137 of the ordinances of
the Municipality are sufficient to provide for the payment of the bonds here-
188 page 5
in authorized to be issued, both principal and interest, as the same fall due
and are payable, and that the ~~eement and lease nrovides adequately for the
deor-ec.i at.Lon and op=r-at.Lcn and maintenance of t he project.
Section 7. That the Trec'surer of the I,Iunicipali

ty shall be the custodian of
the rentals and other revenues derived from the project and all such rentals
and other revenues shall be kept separate and apart from the other funds of
the 0~Lnicipality and shall be deposited by hi~ in such depository or deposit-
ories to be members of the Federal Deposit Insurance Corporation; provided,
hovever-, the de ository of the Bond Fund shall be the Trustee and Pa3ri.n,..,.
All deposits made by the Treasurer shall be in the name of the MuniCipality and
shall be so designated as to indicate the particular fund to ",hieh the re-
venues belon g.
Section 8. That the TvTunicip21i

ty covenants 2nd clOTP"'S that 1.Thileany bonds
are outstanding, the project ~rill be opf"-ratpdas a rO';,,"PD'J.e
producing under--
takin~, and that there "~11 always be collected sufficient revenue there-
from (either as rentals or rates) to provide for the of the
principal of 2n intprpst on the bonds 2nd for necp~s~rv oneration, maintcn-
2nce and deprpci2tio~ pxnpnses.
Section 9. Gas Tr;cnsmission 2nd Distribution Re"trenueBond Fund. That 2 fund

is hereby crppted ",ith the Trustee arid P8yin2:S':"'nt =n d designated "Gas 'I'r sns-.
mission and Distribution Revpnue Bond Fund" (sometirres called "Bond Fund'")
into ,n1ich there shell be placed as received 811 rent21s and other revenues
derived. from Ar kans as Hestern Gas Compan;'rpayable under the provisions of
that certain Agreement and Lease authori7ed to be executed by Ordinance No.
187 of the ordi~,ances Of' the l-lurri.c i.pe l.Lt.y adopted and aopr'ov ed on the 20th
day of September, 1965. Such rev nues deposited in the Bond Fund are hore-
by pledged and shall be anplied to the payment of all bonds issued hereunder
and secured hereby, and the interest thereon, as they mature. The Series
Bends, principal and interest, mature according to the follo~Qng schedule:
BOND NO. AHOlTIJT INT~~REST

}~RCH 1 September 1 total
1966 ,520.00 ,520.00 ,0LG.oO
1967 1 29 9,000 23,520.00 23,520.00 L.7,one. 00
1968 30 59 30,000 23,048.75 23, .75 76,097.50
1969 60 .39 30,000 22,561.25 22,561.25 75,122.50
1970 90 - 120 31,000 22,073.75 22,073.75 75, lb7 .50
1971 121 - 153 33,000 21,570.00 21,570.00 76,HO.OO
1972 1S'L! - 215 62,000 21,033.75 21,033.75 10 067,50
1973 216 - 279 6L,000 20,026.25 20,026.25 10L.,o52.So
197L. 280 - 3 67,000 1~,986.25 18,986.25 101r,972 .50
1975 3L,7 - hIS ~9,000 17,897.50 17,897.50 10)',795'.00
107 6 ),16 - 1<86 71,000 16,776.25 16,776.25 lob, Se'2. 50
1977 "7 SS8 72,000 15,6?2.50 15,622.50 103, 2 ) ,5' 00 0
197.3 559 - 633 75 nn'"'

:' ,I._.Ivl,.) :;)',362.50 lL.,362.50 In3,72r:.'.no
1979 63L - 710 77,000 13,050.00 13,050.00 103,100.0n
198c' 711 80,000 11,ryn2 e 11,702. 1n1 ),ne'
- .,
,n1<ne'
on
nn
.
1981 791 - 373 33,0['0 1(\ 10,3('2.50 .1- ._., .,
C",
<l00 1 n) '7r{l (',Ii
c 7 37,000 ,0,
.
- " , o·
1983 -1051 ./ +» nnn

Ql '.~.'".-", ,'2 1 nC:
-,."/
e'n ,
1, ,512 ~50 105,025.00
1052 -111.6 ooc 5,S12~50
1935 l1L6 -12 )[3 ,000 3,750.00 3,750.00 105,500.00
12L -13 102,000 1,9l?50 1,912.50 105,825.00
Section 10. That it shall b e the duty of the Treasurer to TTithdra;;,T fro'" the Bond
at least five (5) d2ys before the m8turity dac of any bond or interest coupon
issued hereunder and to deposit Tlith the Paying an amount equal to the a-
mount of such bond or coupon for the sole purpose of paying the same, together
wit'(1t.he Pa;yi.nc:: I s fee of 12-!¢ for each 1:,100par value of bonds 2nd 5¢
for each coupon, vrit.h the nrirrimum payraerrt to be .00, and no T:Tithdr2vTalof
f'urids from thp Bond Fund shall be T(lade for~ 2D_3T other purpose 8)CCept as other-
"c~Tise sut.hor-Lz
ed in t.rri s or-da.nan
ce , Such t 811.211 be at. 'the sole r-i.skof
the )c'unicipelitvand shall not ES a of the bonds or counons
unt~l so applied.
Section 11. That all bonds at or beoro mat.ur i ,sh211 be can-

e.ither
celled trhen such P2'71''lCnt
is to ",~ith;ellunraat.ur-ed coupons eDper-
t)1_2rrtD, 211.] h 13 the Tr'e2snrer",
,0
11 urma id .irit.er-es t coupons
maturing on or Lr i.cr: to tllP dat," of such paympnt shall corrt irrue to be DPyablp
to t.ne respe.'cti \,Tp bp~rprs t.her-eo.f",
138 pag~ 6
Section 12. That th~ honds au-hori? her-eby and i~sucd r~pr~11nclershall be
callable for 1D accordpnc'" -,-ith +.h= ter:""s s<"t out
in the bond form in Sectio~ 5 hereof.
Section 130} Th,g··t l~:h~ CiD~1it'tT ill Dr0D'-'r "'JOOKS o:....~<>~:J\U1.ts snd
-e ·.••
r=cor-ds (seD? T8t", fron all other r.o~ords arid 2cOolnt"') i'" "-hi~f-l c:
"'s shall ~-~,~

~- "~
cr Df 211.:,1 I
the bond" at the tinp outstpndiYl", at the (-!.Litten reoll<"st of such holder)r
purchaser, not more than sixty (60) after the close of ",ach f'Ls ca L
~rp2r, auffi t r ec e.i.pt.s and disbursements of its revr?nues f'r-om t.he
project such fiscal year, certified _ certified public accountant.
in ct N8 0 71 ~f 19 c
of the bonds end each of anc
to to and in favor of the holder of the coupons attached to the honds, and
c lien until p2y-
"1ent o f or interest on ercy ')1' the o')nJs, arid such de-
f2~ltl shall c~ntinue for thersefter, thp holder or holders
thpreof enforce tt18 lien upon the pr~ject ~n acc8rd-
8l'1Ce ":"Tit11 t.hc Section..
of !J •• 71 of r-; 2S
p1'1.. t1,::3 {)J7:Jper S11it, c':;m13e.l tl1P of thp dut i es of t,Yls)ffici21s
~f the [Iunicipa1ity. If there be default in the p2j~ent of th~ princi~81 Q
" ,
or ln~eres~ on -1...,
0ne oanas, ana• sucn • 1 ~ ~, 1 ~~ , .
QelaUL~ sn2~~ con~lnue _~r'~nrl
f ,.. ("1"\ \
~U)
thereafter, th Trustee on ;~)"'half of all bondholders,
co Dr upon the fail-
ure of the Trustee to proc8pd, a "t.er r-eouest and indpnmific2t' on t.o its
re2SG1'lclJle satisfpction" 2,n.:Tbor1dhol::ier on bellcl~'~CJf 211 1~'Y)ndl!-i)lder's) mav
'O'lrS!18 snv r unde+ this 0rJi an cs , llnder 71:::f 10
to ,;:::
for th 2"tJ)jxd:mcont 'CJ p rco"'l,uT to 2:1m::.nist<=Y he £,:P'" trcns"'i"'si'Jn l:ines
a'll di.s t.r-Lbut.Lon rl'1JD b",halPCJ+' tho ~inplitv, ,.rith DO"Trrto
end, coLl.ect. rates "'nf"'-iciDnt t.o nr0'-idp f:JY +h> npY'4rnt o:' tho 'o')nds 2nd
int~re:~t thereon and for thJl:' D2\Tl~ell_t_ of thE' C'YD~nS~S s n d t.o appLy
the" incynp end rsvrnB.rs in :;on.por~·i -r.ri.t.h trri s or::iin2nc:"". s cos
tr"'Lel~p is no default under +hr grf'r-ment and Lecsr, t.h> li~D O~1.t.h..2 Dr8j ct Q
in f'avor- e f the bendho Lder s sh211 be S E'ct 2n=~ subor-d.iriat.> t o the

ment and Lease and the interest of the Lessee therDunder.
5;2cti'3n 150 That \(Th~n the bonds of each series have been execut ed the
and Recorder and t.h= s ea L of t.h= ~"hlnicip81i try sed, as herein
provided, they sh= L'L be delivered to th,o 'I'r-us t.es , wh'i ch shall authenticate
tl'le"f'l cn jeliver tl1err to th pur-chas er-, on r in cash of the se
Contfmporan Fith such delivery and , the Trustee shall
tile or ')onds' 32 f) lO\cTS
proceeds shall be
(oalled Construction Fnnd DeDosi
ali United St2tes or and dis-
in of t,lls pr-e j=ct.
of s ecur-inc n~ceSS2r"';T of \".727,
incijDnt21 t the construction and to the issuance of
bends, but 0D. checks, 1~T2rrants or voucher-s signCld
2nd R.ecorder snec:i the .ri sbur-s enerrt ')r
~ ed t1,r,:c c'JD.snlting
l'''r',r pp'r of 8t1C}-l construction
that an st:--t ..t"'d ;r";«iC)'~lnt 11..7"1.318een incnrrad on. 28:0un.t of t.he
s')st c:JT1str'lcticn, ;:-nelt') vho1"!isuch oblig8tiJJn is ¢':zseDt that no
SUGh c"rtLfic2tp shell '0" r<"("1'lirDd.f')r the" D2'TCpnt of "nc"inl"ering, IpiJ"21
cc:rDPDsr.cS of issninc th~ \'ond~-, ~rd 'Jth.er inr:id_t'"'nt~l p·;'~Dr'rs6s. unexpended
~lcncc reT12ininc:: eft",!, th", f'in~l "0YlDl"ti:m £. the ')ncstr'v~tion sh211 be
us=d t.o Gall bonds of this i""11e, a"' horcir, nrovid",d.
rrfh.e·~ tl:1:2: procc-rds

ar= dc:litrer truction Fund J"'''osi , it
sh211 execute its r"'cDipt 2no an 2grcC"vnent to 2D~ly the 2'3 authorized
in thi" Sectior 15.
SpC0l0n 16Q That the Major is her~by directed to publi~ for ~ne insertion
in (3 newspaper of bonaf Lde gener21 c i.r-cu'Lat.ion in the I,jlunicipali ,this
or:1il'1anCe, r.o vrh'i ch shall b ~ at.t.a che d a no ti ce s hi Ln subs t.arrt.i.eL'Ly 171
leo,
J...
- T-''-'-~
-' "~-'-
otice
has 2 thp
issuance of bonds described in said ordi-ence; end that ~eron icterr ted
lie 2TJ'!JA'2r before tl1P Counc'i L on the '.)1' OctD at 7:30 J1clock
p •• at the usual place of the Council held in Eo"'p, Irkansas
and present Drotests. such hearing all objections and ,;.8.11 be
heard and the said Council ":Lll take such act.i.on as it deems proper in the pre-
miseso
Dated this 20th day of Septmeber, 1965.
TTYSTED:
Section 17. That this ordinance shall not create anjT right of any charact~r,
and no right of any character shall arise under or pursuant to it, until the
bonds augher-i z ed b-- this ordinance shall h",vp been issued and dE,li'iered.
Section Ie 0That if anv Dro\risiSTI of r hi s ordin2ncp shall for any r eas en b~

held illegal or inv?lU, it shall not affpctthp vpli::ii ty of' the remeimler of
the ordi ""'n~' e.
Section 19. That. pll ord.i,pnces or parts of ordi""pnc"'s in conflict herp·-ith pre
hereby rrope?lrocJto t h' <'xtr-nt of such con eliot.
Section 20. (8) Thp minioiDslity agrees t.hat it T·-ill_pnforce all of its
rights 2S Lessor End all e f the Lrssee1 s o'oL_g;:>tionE'under- t':1"--reement and
Lease, aid that the Trustee, on b=ha Lf of the bondholders, rna, in Municipplity' 5
name or in the Truste~ls name, enforce 211 such rizhts and obligations.
(b) If there be:-a default under the and Lease so that possession
of the pr e j e c t is returned to the l\flunicipality, it agre2s to cper-s t.e the proj-
set. as a r-ev enue producing undert,2in.g E nd ch2rge sufficient rates, as cc)'ven-
anted in Section 8 hereof. In that event it Hill continue the Bond
establish a separate Oper2tio and Haintenance Fund ani establish a separate
Depreciation F~ld. Out of gross revenues it vJill deposit monthly: (l)'Into
the Bond Fund the ancurrt.s r equi.r ed to insure payment , Nhen due, of principal,
interest and Paying's fees; (2) Into the Oneration and Maintenance
Fund the amount. necessary t e cover operation and maintenance expenses ; (3)
Into the Depreciation Fund an amount not to exceed 5% af gross revenues (~Thich
monthly deposits ahall cease Nhen there is on deposit twelve rlonths replace-
ment requirements; 2nd (4) any balance shall b0 deemed surplus and may be
us ed for redemtion of berids , far constructing or +'inanc:ing construction of
extensions and betterrnpnts to t.h= project, or anv other 12T· ful purpose.T
Section 21. That the Trustee of the bonds Lssu sd her"un:'Jer sh al.L be 1r!o,~then
Bank 8,.:Trust Comnarl\T, Little Reck, _i;~rk2ns2so Th~ TrlJ.stf?e shell on.ly be
r-es oons i.b'Le f'or- the eX"Tcisp 3f faith and r""2sonplbe Drud"'nce in V11'" I'X-
=cut.Lon of its ty··ust·o T~c- r~cit21s of th~ Cit:! ~nd D'Jt 0_ tIi? Tr~J.stepo Th,p
'I'r-ust e e shall not b~ rp(,lircj to t.ak= anv action 2" Cf'rnst"'e unless it S"1P'1 hpvl'
been r rd to do so in "rritir,e:- the- holders of not less than ten Den Cf"nt
(lO%)in princin::l 2Dount of th"" bonds of thi.-. is"'up th",n outstandinp- 2Dd 8h::11
hav= been offer"d rppson2bl", security 2nd i1"Jd c
2 ainst the costs, "'X'J"DSPS
and li2bilitic:=- to bF Lncur'red therein or ther Thp Trustee at
any time by ten (F') days! ruticp in to the- City Clerk a nd the m2,ior-
i in value of th~ holders of tho 0 ~stpndinc bonds of this issue at 2n time, 7
1'Tittl or vri.t.hout. C~~J.SE, )i"l2~r rpm2)"\TP the Trustee"~ In the 9\Tent of 2 '\TaCcH1C';-- in
the office of Trus~pe, either resignation or r the majority in
VelUE' of the ho Id--r-s of th~ out.s t rnd.ing bonds of this issue may a nev!
Trustee, SUCl'l apoo irit.nent. to je e;Tide118ed 2 "·;rri t.t en instru.~Y}ent or instruments
filed with ~~'~~ th~ City C1Erko If the majority in value of the holders
of the outstanding bonds of this issue shall fail to fill a vacan cv Fi thin
thirty (30) days after the same shall oilcur, then the City shall forthv·Tith
nate a n ev Tur-s t.e by a uritt2m instrument filed in the office of the City
Recorder. Th~ original Trustee and any successor Trustee 3h211 file a ~rritten
acceptance end agrppment to execute the trust i~pospd upon it or the' this
ordinance, but enLv uocn the terms and cend i t.Lons set forth in this ordinance
and eiubject to the'proyisions of this ordinance, to all of "hich the
ho of
Lder-s 2gE~e~ 1Arritten t.h= shell be filed T'Titht..he City
bonds Su ch acc ept.an ce
Clerk and a copy thereof shall be 01aced in the hond transcript. successor
Trustee shall have all the nO"l,TerS her = in granted to the original Trustee.
In th"o ,eyr;nt of a in the office of Trustee, the old Trustee wh i ch has
or veen remov~d sh211 cease to b2 ag~nt and the successor
Trustee shall becore the
Section 22. es and in ~nlS orminance, and in all other

ordinanGPs and de cum-rrt.s p"'rtainiro; to the bcnds , to llRecc)"rderll or 11 City
Rp.cord.erl1 )11''''8n the du Lv cUPlifird Clerk and recording officer e f tb2 Ci
Fhose e f'f'Lc'i a.L title is n Ci -'-y Clerk. II
"'issien lin and a die~ri~ution svst

":Lpnts DP' Ii t.v
i\Tun.ici "'ct th" T-TuniciD21itor t.o 9"r";o-r "r'ir" haz ards
~Y'd
. ", hp~lth and oro
t1--Ja! -,..Ll 0 o~ th~ inhabitants th-re-
f'or +~te T'Tunici'oplit~ir t-,o i~nrnc>dt.~t'Sl\T c=nst.r-uct.
distribution - ~or natural gas to
fore, deGlar that an .Mer~CnGV eyists and this ordinanoe bein neGessary
for thiS i""medi2te prC's"'rv8t,i:m of the oui'l.Lc ppaG"', h=e Lt.h ell S2 3h"'11
take effect and bo in forGe fran and after its passage •
__ ':
• -:) .•.• ""'l-:-"'"l";.,
') ') ~' ,~

er 2C,
o
/
FRANCHISE
ORDINANCE NO.
'---1'-
AN ORDINANCE TO BE ENTITLED:
!fANORDINANCE GRANTING ARKANSASWESTERN GAS COMPANY THE RIGHT AND

PRIVILEGE AND FRANCHISE TO CONSTRUCT, J.VT-AINTAIN
AND OPERATE A NATURAL
GAS SYSTEM AND TO LAY GAS JV.iAINS
ALONG THE STREETS , AVENUES, ALLEYS,
ROADS AND HIGHWAYSAND OTHER PUBLic PLACES, FOR THE PURPOSE OF DIS-
TRIBUTING AND SELLING NATURAL GAS AND PROVIDING THE REGULATION FOR THE
CONDUCT OF SAID GAS DISTRIBUTION SYSTEM, AND OTHER PURPOSES. II
BE IT ORDAINED BY THE COUNCIL OF THE OF

-----.!~~~~:::!~----=-=-=-=-=-~-- .n.",u1.'l...n NSAS: -----------
SECTION 1. That thett,tl~" of , subject to the
terms, conditions and stipulations mentioned in this ordinance, consents and the right,
permission and franchise is hereby given to the Arkansas Western Gas Company, a cor-
poration organized and existing pur-suant to the laws of the State of Arkansas, Grantee,
and to its successors, lessees, 8.J.'1.d
assigns to lay, construct, equip, operate, repair,
and maintain a system of gas mains, pipes, conduits, and feeders for the purpose of
supplying and distributing natural gas for light, fuel, power, and heat and for any other
purpose, to the residents or inhabitants of the said ; and further, the right
to lay, construct, operate and maintain a system of gas mains, pipe lines, pipe conduits
and feeders and the necessary attachments, connections, fixtures and appurtenances for
the of conveying, conducting or distributing natural gas from any point beyond
said limits in order to enable the said Grantee to distribute and sell
natural gas to the said and to the residents or inhabitants thereof, and
to others.
SECTION 2. The Grantee herein is expressly given the permit (Subject to the pro-
viso hereinafter contained) to use the streets, avenues, roads, highways, alleys, side-
walks and other public places, as now laid out, or hereafter to be established, for the
purpose of laying gas mains, pipe lines, conduits and feeders, and the necessary attach-
ments, fixtures, connections and appurtenance~f~r the purpos e of conveying or cond:!J~:tlI1g
natural gas from within the said ·:'!f\;~I1r or to any point beyon - he _
limits of or to any other point, through and beyond the limits
of said , and to operate and maintain a system of pipe lines, pipes, conduits,
feeders and the necessary attachments, , fixtures and es for the
distribution of natural gas within said to serve the said and the resi-
dents and inhabitants thereof, and others; , however, that where alleys are ac-
cessible for laying mains and pipes, the shall have the right to require that the
mains and pipes shall be laid in the alleys instead of the streets.
SEeTION 3. No fees or charges of any kind shall be impos ed upon the Grantee or
upon any successors, or upon any consumer of natural gas for the breaking or opening of
any highway, street, road, avenue, alley, or other public places, or for the laying of
any main, service pipe or other connections therein, except as provided herein.
Nothing in this shall be construed in such manner as to in any manner

abridge the right of the to pass and necessary police regulations
for the purpose of protecting the citizens of said and their property and the
property of the Grantee.
Grantee shall at all times keep and display the necessary danger signals 8.J.'1.d
proper
guards around all excavations and obstructions and shall keep sufficient space in good
condition for the travel of vehicles on at least one side of all excavations and obstruc-
tions, and shall as soon as practicable restore all openings on the highway, road, street,
avenue>"alley and oth_er public places to condition equally as good as before said openings
or obstructions were made.
SECTION 4. The Grantee shall do no injury to any highway, road, street, avenue,
alley, lane, bridge, stream or water course, park or public place, nor in any manner
disturb or interfere unnecessarily with electric lines, nor with any public or private
sewer or drainage system, or water lines, now or hereafter laid or constructed by the
said Town or by any authorized person or corporation, but no electric conduits or sewer
or water pipes shall be so laid as to interfere unnecessarily with any gas main or pipes
which shall have been laid prior to the time of laying such electric conduits, sewer or
water pipes. The Grantee shall fully indemnify and save harmless the from
any and aU claims for damage for which said shall or be made or be-
come liable by reason of the granting of this e, or any negligence or carelessness
on the part of said Grantee, or because of any act or omission of the Grantee in the con-
struction and operation of its system of mains and pipes.
SECTION 5. The Grantee shall supply natural gas under the terms and conditions
herein specified to all applicants not in arrears for any bills for natural gas, service,
pipes, appliances, or other things, owning or occupying premises on or abutting the
streets, avenues, or oth er: public places in which such gas mains or conduits are laid.
SECTION 6. The Grantee shall have the right to make and enforce a written agree-
ment with all applicants for natural gas; and rate to be charged for natural gas, according
to Section /2 hereof, the fixing of the minimum monthly bill and service meter moving
charge, and specifying an immediate deposit, and fixing the terms and conditions upon
which natural gas is to be served the individual applicant, shall be determined by such
contract. Such contracts are to conform with the state laws and regulations governing
same.
SECTION 7. The Grantee shall lay its service pipes from its main pipes to the
curb line and/ or the consumers I outer property line at its own expense from the meter
on; the consumer shall have the right to select his own gas fitter to lay his pipes and
install his fixtures, at the consumers I risk and expense. Grantee shall extend its mains
to serve new customers where reasonably assured of enough new customers and revenues
therefrom to justify the expenditures necessary to give service.
The Grantee shall have the right to make and enforce as a part of the conditions
under which it will supply natural gas for heat, power, light, fuel or other purposes as
herein provided, all needful rules and regulations not inconsistent with law and the pro-
visions of this franchise.
SECTION 8. The Grantee shall furnish promptly to the proper authorities any and
all information which may be asked for by them in regard to the size, location or depths
of any of the pipes, mains, conduits, or service pipes, in any form whatsoever, and
any other information in regard to its occupation of roads, highways, streets, avenues,
or public grounds of said which they may demand. Whenever the word
Grantee occurs in this ordinance, it shall mean and it shall be understood to be the
Arkansas Western Gas Company, its successors, lessees or assigns, and whenever
the words llauthorities" or "pr-oper author rti es " occur in this franchise they shall mean
and shall be understood to mean the authorized officer or officers, committee or board
representing the of , Arkansas, or Grantor.
SECTION 9. It is contemplated that the of """"'""""""',--

__
will construct a natural gas system to make natural gas available to the /;;c;i¥,~r. and
that Grantee will take over operation of the system under a lease with an option to pur-
chase. The recognizes that, cons ider-mg various business factors, including
the substantial commitment of the Grantee and ent and anticipated circumstances
with respect to Grantee's gas rates in the in relation to competing fuels in the
area, the operation of the gas system by Grantee under the lease purchase agreement can
only be economically justified if there is assurance that there will not be an increase in
_~~~~~_ taxes> if any> which Grantee will consider in reaching its decision whether
to operate the system under the lease purchase agreement.
- 2 -
/
----..-
.:
SECTION 10. This franchise shall take effect and continue and remain in force
perpetually as provided in Section 44 of Acts of 1935, No. 324, Acts of the State of
Arkansas, as same may be amended from time to time, and upon the written acceptance
by the Grantee of the terms and conditions of this franchise.
SECTION 11. Be it further ordained that the Arkansas Western Gas Company,
Grantee, its successors, lessees and assigns shall have 12 months from the final pas-
sage and publication of this ordinance, and not longer, in which to begin the actual lay-
ing of pipe lines and laterals for the distribution of natural gas in said r a
failure on the part of the Arkansas viJestern Gas Company, Grantee, its successors,
lessees, or assigns, to comply with the foregoing provisions of this section as to the
time in which to begin the work shall render null and void this ordinance; it is further
provided, however, that upon a showing by the Gr ant ee , that the actual laying of pipe
lines and laterals for the distribution of natural gas in said has been delayed
due to the Gr ante ets inability to secure necessary pipe or other materials, or due to
acts of God, the period allowed above shall be automatically extended for a.11. additional
period of six (6) months.
SECTION 12. Be it further ordained that the charges for recorded consumption of
natural gas at one point of delivery as per Section 7, shall be as provided in the Gran-
tee's rate schedules attached hereto and made a part hereof by reference.
SECTION 13. If any section, paragraph, subdivision, clause, phrase or provision

of this ordinance shall be adjudged invalid or unconstitutional, the same shall not affect
the validity of thi s ordinance as a whole, or any part or provision, other than the part
so decided to be invalid or unconstitutional.
SECTION 14. It is ascertained and hereby declared that by reason of there being
no gas for either domestic, commercial or industrial uses now in this that
the domestic, commercial and industrial enterprises within said an
adequate supply of gas for their various uses, and it is necessary to begin the con-
struction of pipe lines and gas system for said in order that same may be
available for use as soon as possible, an emergency is hereby declared to exist; and
this Ordinance being necessary for the preservation of the public peace, health and
safety shall take effect and be in full force and effect from and after its passage and
publication.
ATTEST: PASSED AND APPROVED the .;J.O day

of , 1965.
The Arkansas Western Gas Company, a cor-

poration, grantee hereby accepts the above
J
franchise subject to the terms and conditions

contained therein this day of
1965.
-----
ARKANSASWESTERN GAS COMPANY
By ~ _
President
- 3 -
CERTIFICATE
The undersigned, Recorder of the _--=..~_ of ~~Wlia;ln..H.!;n:tlit.__ ,
Arkansas, hereby certifies that the foregoing pages, numbered 1. to
inclusive, are a true and perfect copy of Ordinance No. ;'2'/

adopted at a -'-/v-
__ ~@..t.,(.."--u.-!-/tL---lt.....-, __ session of the Council of the --==.,;t-
Arkansas, held in the regular meeting place of
the Council in said at oc lock , . m. on the

---"'-=-""'--- --------
____ day of _---1~~~~ , 1965, and that the said Ordinance
is of record in the records of the _-'----"'-_ of ...l~~~!!!l!.!!:~_ Arkansas,
now in my possession as Recorder.
GIVEN under my hand and seal on this __ "- day of ~~~~~~ __ ,
1965.
(SEAL)
190
.- ...
ORDINANCE NO. -..;:......,~--/qo

AN ORDINANCE REGULATING THE INSTALLATION~ ALTERATION, AND
MAINTENANCE OF ALL PIPING EXTENDING FROM THE POINT OF DEUVERY
OF GAS FOR USE AS A FUEL AND DESIGNED TO CONVEY OR CARRY THE
SAME TO GAS APPLIANCES, AND REGULATING THE INSTALLATION AND
MAINTENANCE OF APPUANCES DESIGNED TO UTILIZE SUCH GAS AS A FUEL,
WITHIN THE CORPORATE LIMITS OF THE OF )![QUNTAIN HOME
i\RI~S'&S ; PROVIDING FOR THE INSPECTION OF SAID PIPING AND
CERTAIN APPUANCES; PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE
INSTALLATION OF SAID PIPING AND CERTAIN APPUANCES AND THE COL-
LECTION OF INSPECTION FEES THEREFOR; PROVIDING FOR THE UCENSING
OF PERSONS ENGAGING IN THE BUSINESS OF INSTALUNG, REPAIRING, OR
MAINTAINING SAID PIPING OR CERTAIN APPLIANCES; PROVIDING PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ALL CONFUCTING
ORDINANCES.
BE IT ORDAINED BY THE ----= •..•...•

~~~~ •...••.. OF THE
_;:~;:_:;:_;:;:_rn~T _--'iio •..•••• ...L-._
CHAPTER 1. TITLE
This pr~ir;ap.c.e. shall be known as ~he IlGas Code" of the -----..::L?;:....;";.,.:.:::.,. +-; _
of )1&Li/1~6- ("'-r:7J1!'1}l
I _
and may be Cited as such.
CHAPTER 2. PURPOSE AND SCOPE
The purpose of this ordinance is to provide minimum standards, pr-ovrsaons

and requirements for safe installation of consumer's gas piping and gas appliances.
All such gas piping and gas appliances installed, replaced, maintained, or repaired
within the corporate limits of the C:ity of __ ~~1R~A~dhI.. _
shall conform to the requirements of this ordinance and to the specifications> rules;
and regulations entitled "Installation of Consumer's Gas Piping and Gas Appliances"
Southern Standard Gas Code, which specifications, rules, and regulations are hereby
incorporated herein by reference and made a part of this ordinance as if fully set
forth herein. Copies of such specifications, rules, and regulations shall be kept
on file in the office of the Clerk of the City of _---1M5f~~~~~~ __
CHAPTER 3. USE OF EXISTING PIPING AND APPUANCES
Notwithstanding any provision in this ordinance to the contrary, consumer's

piping installed prior to the adoption of this ordinance or piping installed to supply
other than natural gas may be converted to natural gas, if the Inspector finds, upon
inspection and proper tests, that such piping will render reasonably satisfactory
gas service to the consumer and will not in any way endanger life or property;
otherwise, such piping shall be altered or replaced, in whole or in part, to conform
with the requirements of this ordinance.
CHAPTER 4. BOND AND UCENSE
(a) No person shall engage in or work at the installation, extension, alteration,

of consumer I s gas piping or certain gas appliances, until such person shall have
secured a license as hereinafter provided, and shall have executed and delivered to
the City of a good and sufficient bond in the
penal sum of # ~Ot7(), flV , with corporate surety, conditioned for the faith-
ful performance of all such work, entered upon or contracted for, in strict ac-
cordance and compliance with the provisions of this ordinance. The bond herein
bond, in
c:~
required shall expire on the first day of January next following its approval by the
Clerk, and thereafter on the first day of January of each year a new
rm and substance as herein required, shall be given by such person to
cover all such work as shall be done during such year.
~
(}:m.un
Upon appr
~ O..Ad~. /97 ..
of -s~:d bona,'"the person destr ing to do such work shall
secure from the C~ Clerk a non-transferable license which shall run
until the first day of uary next succeeding Its Issuance, unless sooner revoked.
Z:'"
The pers,£n obtaining a license shall pay an annual license fee of $ "jAJ. f) _
th e G ltL\ Clerk; provided, however, any license obtamed afte#the 1st day
of July of any year shall be computed at the rate of one half (1/2) of the annual fee.'-
(c) Nothing herein contained shall be construed as prohibiting an individual

from installing or repairing his own appliances or installing, extending, replacing,
altering, or repairing conaurner+s piping on his own premises, or as requiring a
license or a bond from an individual doing such work on his own premises; provided,
however, all such work must be done in conformity with all other provisions of this
ordinance, including those relating to permits, inspection, and fees.
CHAPTER 5. GAS INSPECTOR AND ASSISTANTS
To provide for the administration and enforcement of this ordinance, the

office of Gas Inspector is hereby created. The Inspector, and such assistants as
may be necessary in the proper performance of the duties of the office, shall be
appointed by the l11~ of the fil,Q' of
J,wlQ_~' !IcQme , and\}:hecompensation for such office shall be determined
at the time of appointment.
CHAPTER 6. POWERS AND DUTIES OF INSPECTOR
(a) The Inspector is authorized and directed to enforce all of the provisions
of this ordinance, and the Insp ector , upon presentation of proper credentials, may
enter any building or premises at reasonable times for the purpose of making in-
spections or preventing violations of this ordinance.
(b) The Inspector is authorized to disconnect any gas piping or fixture or

appliance for which a certificate of approval is required but has not been issued
with respect to same, or which, upon inspection, shall be found defective or in
such condition as to endanger life or property. In all cases where such a dis-
connection is made, a notice shall be attached to the piping, fixture, or appliance
disconnected by the Inspector, which notice shall state that the same has been
disconnected by the Inspector, together with the reason or reasons therefor, and
it shall be unlawful for any person to remove said notice, or reconnect said gas
piping or fixture or appliance without authorization by the Inspector and such gas
piping or fixture or appliance shall not be put in service or used until the Inspector
has attached his certificate of approval in lieu of his prior disconnection notice.
(c) It shall be the duty of the Inspector to confer from time to time with
representatives of the local Health Department, the local Fire Department, and
the Gas Company, and otherwise obtain from proper sources all helpful information
and advice, presenting same to the appropriate Officials from time to time for
their consideration.
CHAPTER 7. PERMITS
(a) No person shall install a gas conversion burner, floor furnace, central
heating plant, vented wall furnace, water heater, boiler, consurner+s gas piping,
or convert existing piping to utilize natural gas without first obtaining a permit to
do such work from the ~ Clerk; however, permits will not be
required for setting or connecting other gas appliances, or for the repair of leaks
in hous e piping.
(b) When only temporary use of gas is desired, the Inspector may issue a
permit for such use, for a period of not to exceed sixty (60) days, provided the
consumer's gas piping to be used is given a test equal to that required for a Final
Piping Inspection.
(c) Gas Company shall not be required to obtain permits to set meters, or
to extend, relocate, remove, or repair its service lines, mains, or other facilities,
or for work having to do with its own gas system.
CHAPTER 8. INSPECTION
(a) ROUGH PIPING INSPECTION shall be made after all new piping authorized
by the permit has been installed, and before any such piping has been covered or
concealed or any fixtures or gas appliances have been attached thereto.
(b) FINAL PIPING INSPECTION shall be made after all piping authorized by
the permit has been installed and after all portions thereof which are to be con-
cealed by plastering or otherwise have been so concealed, and before any fixtures
or gas appliances have been attached thereto. This inspection shall include a
pressure test, at which time the piping shall stand an air pressure equal to-not
less than the pressure of a column of mercury six (6) inches in height, and the
piping shall hold this air pressure for a period of at least ten (10) minutes without
any perceptible drop. A mercury column gauge shall be used for the test. All
tools, apparatus; labor, and assistance necessary for the tests shall be furnished
by the installer of such piping.
CHAPTER 9. CERTIFICATES
The Inspector shall issue a certificate of approval at the completion of the

work for which a permit for consumer piping has been issued, if after inspection
it is found that such work complies with the provisions of this ordinance. A dup-
licate of each certificate issued covering consumer's gas piping shall be delivered
to the Gas Company and used as its authority to render gas service.
CHAPTER 10. FEES
(a) The total fees for inspection of consumer-Is gas piping at one location
(including both rough and final piping inspection) shall be $1.50 for one to four
outlets, inclusive, and $0.50 for each outlet above five.
(b) The fees for inspecting conversion burners, floor furnaces, boilers> or
central heating plants shall be $1. 50 for each unit.
(c) The fees for inspecting vented wall furnaces and water heaters shall be
$1. 00 for each unit.
(d) If the Inspector is called back, after correction of defects noted, an

additional fee of $1.00 shall be made for each such return inspection.
(e) P;.nyand all fees shall be paid by the person to whom the permit is issued.
CHAPTER 11. VIOLATIONS AND PEN1\LTIES
Any person that shall fail to comply with or violate any of the provisions of
this ordinance shall be guilty of a misdemeanor> and upon conviction thereof shall
be fined not less than $ £ b c nor more than $ jotJ"oo ; or the
license of such person may be revoked, or both fine and revocation of license may
be imposed.
CHAPTER 12. NON-LIABILITY
This ordinance shall not be construed as imposing upon the

of
--~~----
any liability or responsibility for damages any
person by any in any gas piping or appliance mentioned herein, or
by installation thereof, nor shall the City ~~~~~~~~=-=__
of >
or any official or employee thereof, be held as assuming any such or
responsibility by reason of the inspection authorized hereunder or the certificate
of approval issued by the Inspector.
CHAPTER 13. VALIDITY
If any section, sub-section, sentence, clause or phrase of this ordinance is,

for any reason held to be unconstitutional (or invalid) such (holding) shall not affect
the validity of the remaining portion of this ordinance. The of the
t::lt;, of hereby declar that it would
have passed this ordinance section, sub-section, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more sections, sub-sections,
sentences, clauses, or phrases be declared unconstitutional or invalid.
CHAPTER 14. DEFINITIONS
The following definitions are provided for the purpose of interpretation and
administration of this ordinance:
(a) "Inspector" means the person appointed as Inspector, and shall include
each Assistant Inspector (if any), from time to time acting as such under this
~~dinance by appointment of the -~&D( of the C~'~1t!.,ly,-i _
(b) "P'er-son" means any individual, partnership, firm, corporation, or any

other organized group o~ Individual.s ,
-
(c) lIGas Company" means any person distributing gas within the corporate
limits of the ___ ---.:=::.L- _ of or authorized and
proposing to so engage.
(d) "Cer-tificat.e of Appr ova.l" means a document or tag issued and/ or attached
by the Inspector to the inspected material, piping, or appliance installation, filled
out, together with date, address of the premises, and signed by the Inspector.
(e) 11 Certain Apphances" means conversion burners, floor furnaces, central

heating plants, vented wall furnaces, water heaters and boilers.
CHAPTER 15. ORDINANCESREPEALED
All ordinances, or parts of or-dinances , in conflict with this ordinance are

hereby repealed.
Passed this day of ~~t:f::!-,-----' 1965.
Approved this day of ---'-::i!:.-..,q::::..::...-'- __ ' 1965.
Attest:
Record
CERTIFICA TE
The undersigned, Recorder of the _"=-::"""","_ of ~~~gj"ru~m!L __ '
Arkansas, hereby certifies that the foregoing pages, numbered to
inclusive, are a true and perfect copy of Ordinance No. lfi:t7

adopted at a ~ session of the Council of the ---'~ii,,;ii--
Arkansas, held in the regular meeting place of
the Council in said at o+cIock m. on the

-=~-- ---...:.;==---- ---
--==~_ day of _~~~~~ , 1965, and that the said Ordinance
is of record in the records of the --'==11---_ of ~Ig~~!:!Ji!:!m.!L Arkansas,
now in my possession
1965.
as Recorder.
GIVEN under my hand and seal on this -=~"- day of J.~_~L__'
(SEAL)
-'lOI
-/ ...i....
City (A)
ORDINANCE NO. !9 !
AN ORDINANCE GRANTING TO THE ARKANSAS POWER & LIGHT COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE EXCLUSIVE RIGHT, PRIVILEGE AND AUTHORITY TO SELL, FURNISH
AND DISTRIBUTE ELECTRIC POWER AND ENERGY AND ERECT, MAINTAIN, EXTEND AND
OPERATE A SYSTEM FOR THE DISTRIBUTION, TRANSMISSION, FURNISHING OR SALE OF
ELECTRIC POWER AND ENERGY TO THE CITY OF k{1h./r;/rllrN HpJ'/! IE ,ARKANSAS,
AND THE INHABITANTS AND ALL OTHER CONSUMERS THEREOF, AND TO USE THE STREETS,
ALLEYS, BRIDGES AND OTHER PUBLIC GROUNDS OF THE CITY IN CONNECTION THEREWITH;
FIXING THE TERMS THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, the City must have an adequate and dependable supply of electric
power and energy to perform its governmental functions and to promote the peace,
health and safety of its inhabitants; and
WHEREAS, electricity has become a household necessity, and an adequate and
dependable supply of electric power and energy is essential for carrying on the
business and industrial activity of this community; and
WHEREAS, it is in the public interest that there be no duplication of elec-
tric facilities on the streets; and
WHEREAS, the Arkansas Power & Light Company, by the acceptance of the rights
and privileges granted hereunder, is willing to, and does, obligate itself, its
successors and assigns, to meet the reasonable requirements of this City and its
inhabitants for electric power and energy;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Section 1. The City of IVujf)AItf4 /N&M IE , Arkansas (hereinafter
called Grantor) hereby grants to the Arkansas Power & Light Company, its suc-
cessors and assigns (hereinafter called Grantee), the exclusive right, privilege
and authority within the present and all future expansion of the corporate limits
of the City of A.Aov N!!9-/!/ /~6 M t= , Arkansas, except for such area within
the present corporate limits, which at the date of enactment hereof is served
by another supplier of electric energy, and except for such other areas which
may be later annexed, where Grantee is not allowed by law to serve, (1) to
sell, furnish, transmit and distribute electric power and energy to Grantor
and to all inhabitants and consumers within said limits, and (2) to construct,
maintain, operate and extend a system for such purposes and to enter on,
under and upon and use any and all of the streets, alleys, avenues, bridges
and other public grounds and ways belonging to, or under the control of Grantor,
for the purpose of erecting, maintaining, repairing, replacing and operating
.... -..-,. '.~' - ,' ' ~.

--
'. , ", - ..
,-'.- ' -" .. .._ .. ,
- ,- , -, .
City
poles, wires, anchors, stubs, transformers, substations, cables, conduits
and other related facilities, appliances and apparatus which are necessary
for, or useful in, the furnishing, sale, transmission or distribution of
said electric service (hereinafter called facilities).
Section 2. Grantee shall, and does by acceptance hereof, agree to
provide to the City and its inhabitants adequate and reasonable electric
service as a public utility and the facilities necessary to provide such
service. Grantor, in recognition of the large and continuing investment
necessary for Grantee to perform its obligations hereunder, and the need
and duty to promptly construct its facilities, as defined above, required
to serve customers, in all areas and zones of the City, consents to the
construction of such facilities as defined in Section 1 in all such areas
and zones, and Grantor agrees to protect by ordinance, regulation and
otherwise, to the fullest extent permitted by law, and except as other-
wise limited herein, the grants of rights and privileges to Grantee set
forth in Section 1 from interference with, or duplication by, other persons,
firms or corporations seeking to engage in the sale or distribution of
electric energy.
Section 3. All facilities of Grantee which may be located on public
ways, places and public property, as authorized herein, shall be located
so as to not unreasonably obstruct public use and travel. All of Grantee's
facilities shall be constructed, operated and maintained in accordance with
standards at least equivalent to the standards prescribed by the National
Electrical Safety Code. Grantee, its successors and assigns, shall replace
and repair, at its own expense, all excavations, holes or other damage
caused or done by it to public streets, ways, places and public property
in the construction, operation and maintenance of its facilities.
Section 4. The Grantee, its successors and assigns, is hereby given
the right to trim, cut or remove trees, shrubbery or growth on or in public
ways, places and public property which interfere or offer hazards to the
operation of Grantee's facilities used or useful for the rendition of electric
service, and, further, Grantee is hereby given the right, authority and per-
mission to trim, cut and remove portions of trees, shrubbery or growth
- 2 -
City
growing on private property but overhanging or encroaching on public ways,
places and public property which interfere or offer hazards to the con-
struction, operation and maintenance of Grantee's facilities.
Section 5. The rights, privileges and authority hereby granted shall
exist and continue from the date of passage of this ordinance, and thereafter,
until terminated in accordance with provisions of Section 44 of Act 324 of
the 1935 Acts of the State of Arkansas, as presently enacted or hereafter
amended.
Section 6. The rates which are to be charged by Grantee for electric
service hereunder shall be those which are now lawfully approved or prescribed,
and as said rates may, from time to time, be amended by Grantee in accordance
with law or by any regulatory authority having jurisdiction thereof.
Section 7. In the construction, operation, and maintenance of its facili-
ties, said Grantee shall use reasonable and proper precaution to avoid damage
or injury to persons or property and shall hold and save harmless the said
Grantor from damage, injury, loss or expense caused by the negligence of the
Grantee, or its agents, servants or employees, in constructing, operating
and maintaining said facilities or in repaving or repairing any streets,
avenues, alleys, bridges or other public grounds.
Section 8. The Grantee shall endeavor at all times to keep its
facilities in a reasonable state of repair, and to conform to such prac-
tices and install such appliances and equipment as may be in keeping with
the customary usage and practice in cities of similar size in this State
during the time this franchise shall remain in force.
Section 9. Beginning in, , and thereafter during the life of
this franchise, the Grantee shall pay to Grantor each year, a franchise
tax in an amount equal to: Four and twenty-five hundredths percent (4.25%)
of the preceding calendar year's gross residential and commercial electric
revenues as paid to the Grantee by residential and commercial customers
located within the corporate limits of the City of Ivf()()N (ffl~(
Payments shall be made by the Grantee to the Grantor in approximately equal
quarterly insta llments beginning in "JA-All-J ItR '1

I
,19~~. Residential
- 3 -
City
and commercial electric revenues are those revenues so classified pursuant
to Grantee's uniform classification standards. Grantor shall have the
right to examine and verify, from the records of the Grantee, any data
relating to the gross revenues of Grantee from customers on which said fran-
chise tax is due. In the event of a controversy between the Grantor and
Grantee as to the amount of gross revenues received by Grantee in the City
ofjllav;.rra-/e/UCIlIlr£.INf8fhVSfl.S
)
upon which said tax is due, such controversy
shall be referred to the Arkansas Public Service Commission, or such suc-
cessor regulatory agency which may have jurisdiction over the Grantee, for
final determination, and the decision of said Commission shall be binding
upon both parties hereto.
It is expressly agreed and understood by the Grantor and Grantee that
the aforesaid payment shall constitute and be considered as complete pay-
ment and discharge by the Grantee, its successors and assigns, of all
licenses, fees, charges, impositions or taxes of any kind (other than
automobile license fees, special millage taxes, general ad valorem taxes
and other general taxes applicable to all citizens and tax payers) which
are now or might in the future be imposed by the Grantor under authority
conferred upon the Grantor by law. In the event such other tax or taxes
are imposed by Grantor, the obligation of the Grantee set forth in Section
9 hereof, to pay the City the sum of four and twenty-five hundredths per-
cent (4.25%) annually of the gross residential and commercial electric
revenues shall immediately terminate.
Section 10. Electric service furnished the Grantor for street light-
ing and other purposes shall be paid for by the Grantor in accordance with
the applicable rate schedules of the Grantee now on file and/or as they
may in the future be filed by the Grantee and approved by the Arkansas
Public Service Commission or other regulatory authority having jurisdic-
tion. The Grantee shall have the privilege of crediting any amount due
Grantor with any unpaid balances due said Grantee for electric service
rendered to said Grantor.
Section 11. Nothing herein shall be construed to prohibit any person,
firm or corporation from owning and operating facilities for generating,
distributing, or furnishing electric energy for his or its own use or the
use of his or its tenants, all of which facilities and use are wholly on
the same premises owned by such person, firm or corporation.
-4 -
City
Section 12. Upon written acceptance by Grantee, this Ordinance
shall constitute a contract between Grantor and the Grantee, and its
successors and assigns.
Section 13. If any provision, clause, word, sect'ion or grant of this
Ordinance, or the application thereof to any person or circumstance be held
invalid, such invalidity shall not affect any other provision, clause, word,
section or grant of this Ordinance which can be given effect without the
invalid provision or application, and to this end said provisions, clauses,
words, sections and grants are hereby declared to be severable.
Section 14. All ordinances and parts of ordinances in conflict herewith,
including, but not limited to Ordinance No. //l dated /)f3C/=/IA/$ {; if .,l -19~~
are hereby repealed.
Section 15. It has been found, and is hereby declared by the City
Council of the City of )}AOvAjifalJ !kMC,- .A-Rflff"·~{t the present franchise
contract for electric service is obsolete and that there is an urgent need
to clarify and bring up to date the terms and provisions of the franchise
under which electric service is provided to the City and other consumers
therein, to agree upon adequate franchise tax by the utility furnishing
such service to the City and to fix terms and conditions for the use of City
streets, alleys and other public grounds for electric facilities; that it is
in the public interest, convenience and necessity that there be no unnecessary
duplication of such facilities; and that enactment of this Ordinance will pro-
vide these benefits to the City and its citizens. Therefore, an emergency is
declared to exist, and this Ordinance being necessary for the preservation
and advancement of the public peace, health and safety, shall take effect
and be in full force from and after the date of its approval.
Title
ATTEST:
ORDINANCE # 192
AN ORDI11P1WE FOR THE PURPOSE OF V.AC.ATING.A STREET OR .ALLEY IN THE CITY OF

}10mJT.AINHONE, .ARKJI,NSj\S.
ItJHEREJI.S,
a petition wcs duly filed "rith the City Council of the city of }1oun-
tain Home, .Arkansas, on the 16th day of November, 1965, asking the City Coun-
cil to vacate pnd abandon all that protion of land described as follows, to-~Qt:
The East Five (5) feet of the follo"dng described tract: That part of
the ~Ji of the SEi of Sec. 9, Twp. 19 North, Range 13 West, described
as follows: Begin at the SW corner of said forty ani run North along
the West line thereof 934.5 feet, thence run East 233 feet for a point
of beginning for the lands herein described. Run thence North 105 feet,
run thence East 220 feet, run thence South 105 feet, run thence West 220
feet to the point of beginning.
WHERE.AS, after due notices as required by law, the council has, at the time
and place mentioned in the notice, heard all persons desiring to be heard
on the question and has ascertained that the street or alley or the portion
thereof, hereinbefore described, has heretofore been dedicated to the public
use as a street or alley herein described; has not been actually used by the
public generally for the period of at least five ye2rssabsequent to the fil-
ing of the plat; and that public Lnterest and "Telfare ~ill not be adversely
affected by the abandomment of such street or plley.
NOH THEREFORE, BE IT ORD.AINED Tjf. THT;'CITY r:OUNCIL OF THTC:::!ITY

OF MJUNTP,IN
H01V)E,.ARKIINSlS.
SECTION 1. The City of Mountain Home, .Arkansps, hereby released, vacates

and abandons all its rights, together "lith the rights fo:,:'thepublic gener-
ally, in and to the street designated as follo~s:
The E st Five (5) feet of the follo~nng described tract: That part of
the m~i of the SE i of Sec. 9, ~~~. 19 North, Range 13 West, described
as follows: B~gin at the SW corner of said forty and run North along
the West line therrof 934.5 feet, thence rQn East 233 feet for a point
of beginning for the lands herein described. Run thence North 105 feet,
run thence East 220 Fe--t , run thence South 105 feet, run thence lfJest
220 feet to the point of beginning.
SECTION 2. A copy of the ordinance duly certified by the City Recorder shall
be filed in the office of the Recorder of the County and recorded in the deed
records of the county.
SECTION 3. This Ordinance shall take effect and be in force from and after
its passage.
PASSED .AND .APPROVED BY THE MAYOR .IINDCOUNCIl THIs 17TH D.AY OF JANU.ARY 1966.
184
ORDINANCE NO. / '7.3
AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY

OF MOUNTAIN HOME II ARKANSAS, THE QUESTION WHETHER
IT WILL ISSUE INDUSTRIAL DEVELOPMENT REVENUE: BONDS
UNDER THE PROVISIONS OF ACT NO.9 OF THE SPECIAL
SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF
ARKANSAS OF 1960 TO THE EXTENT OF $1,000,000.00 FOR
THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITH-
IN OR NEAR THE CITY OF MOUNTAIN HOME, ARKANSAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE: CITY OF MOUNTAIN HOME ,

ARKANSAS:
Section 1. An election is hereby called to be held at the
usual polling places in the City of Mountain Home, Arkansas, on

'l.'J-
the .;{;IiIii day of Ih ~-....-LIY , 1966, for the purpose of deter-
mining whether the City of Mountain Home, Arkansas will issue
negotiable industrial development revenue bonds under the provisions
of Act No. 9 of the Special Session of the General Assembly of the
State of Arkansas of 1960 to the extent of $1,000,000 for the pur-
pose of securing and developing industry within or near the City
of Mountain Home to be sec~red by a statutory mortgage on the lands
and buildings acquired from the proceeds of the said industrial
development revenue bonds and a pledge of the revenues therefrom.
Said bonds shall be payable as hereinafter set forth, to be dated
March 1, 1966, bear interest at such rate or rates as the Council
may determine in the sale of the bonds, and to be sold and delivered
all at one time, or in parcels from time to time, in a total amount
not to exceed $1,000,000.00.
Section 2. The bonds shall mature serially on March 1 in
the amounts and years as follows:
Page ,
$81,000 in the year 1967;
$85,000 in the year 1968;
$89,000 in the year 1969;
$93,000 in the year 1970;
$97,000 in the year 1971;
$101,000 in the year 1972;
$106,000 in the year 1973;
$111,000 in the year 1974;
$116,000 in the year 1975; and
$121,000 in the year 1976.
The bonds may be made subject to call for redemption before
maturity at the option of the City on such terms as the City may
specify in the Notice of the Sale.
Section 3. Said election shall be conducted and the votes
thereat canvassed and the results declared under the law and in
the manner now provided for municipal elections, and notice of said
election shall be given by the Mayor by advertisement weekly for
at least four (4) times in some newspaper published in the City of
Mountain Home and having a bona fide circulation therein, the last
publication to be not less than ten (10) days prior to the date of
said election.
The ballots for said election shall be marked:
HVote on measure by placing an ux" in the square above

the measure either for or against."
HFOR bond issue of $1,000,000.00-----------------/ /
uAGAINST bond issue of $1,000,000000-------------1/
Page.
HBond issue under the prov~s~ons of Act No. 9 of
the General Assembly of the State of Arkansas of
1960 in the amount of $1,000,000.00 for the purpose
of securing and developing industry within or near
the City of Mountain Home, Arkansas, to be secured
by a statutory mortgage on the lands and buildings
acquired from the proceeds of the said industrial
development revenue bonds and a pledge of the revenues
therefrom. The bonds may be sold and delivered all
at one time, or in parcels from time to time, in a
total amount not to exceed $1,000,000.00.
Section 4. A copy of this ordinance shall be given to
the Baxter County Board of Election Commissioners so that it may
place the question on the ballot for said election, provide the
proper election officials and supplies, and canvass the vote on
the question.
Section 5. At said election, only qualified voters of the
City of Mountain Home will have the right to vote. The result of
said election shall be proclaimed by the Mayor by publication in
some newspaper published in the City of Mountain Home and having
a general circulation therein for more than twelve (12) months
last past, and his proclamation shall advise the citizens and pro-
perty owners of said City of Mountain Home that the result as pro-
claimed will be conclusive unless attacked in the courts within
thirty (30) days after the date of such proclamation.
Section 6. It is ascertained and declared that the safety
and health of the City of Mountain Home are jeopardized by the lack
of sufficient industry and that only by action made possible by
this ordinance can the City undertake to secure and develop industry
and to promote the safety, health, and welfare of its citizens. IT
IS, THEREFORE, declared that an emergency exists, and this ordinance
Page 13
is necessary for the immediate preservation of the public peace,
health and safety, and that this ordinance shall take effect and
be in force from and after its passage.
PASSED: February 7 ,1966.
APPROVED:
ATTEST:
PageS'if
ORDIl'ANCE # 194
AN ORDINAN CE FOR THE PUR? )SE OF V A CATING A STREET OR ALLEY n[ THE CITY
OF l1JUNTj\INHONE, ARKANSAS
"WHERK4S, a petition was duly filed -v.Ti th the City Council of the City of
Mountain Home, Arkansas, on the 7th day of March, 1966, asking the City
Council to vacate and abandon that portion of land 50 feet in w~dth
l)nng South of and adjacent to Lots 11 through 17, in Blo~k No.6 in
First Jddition to Lpngston's Subdivision, as shovm by the recorded plat
thereof, in the office of the Recorder of Baxter County, Mountain Home,
Arkansas.
~lliVREAS, after due notices as reouired by lav, the council has, at the
time and plpce mentioned in the notice, heerd all nersons desiring to
be heard on the r-ur-s+i.on and has as cor-t a i.ned that the street or alley or
the portion thereof, hereinbefore described, has heretofore been dedicated
to the public use as 8 street; hBs not be':'"n actually used by the public
generally; and that thp public interest and lfarp vri.L], not be adversely
1,TC
affected by thp abandonment of such a street.
NOv! THEREFOR"', 3'" IT ORDl\I'TEDBe THE CITY COUNCIL OF THE CITY OF

T1JU1\fTi\nr
Hm1E, ARKAl'TSP,S:
Section 1. The City of MOlL."1tain

Home, Ar-kan sas, hereby releases,
vacates and abandons all its rights, together 'Fith the rights of the
public generally, in and to the street designated as follows:
'l'hatportion of land 50 feet in wi.dt.hlying South of and adjacent

to lots 11 through 17, in Block No.6 in the First Addition to Langston's
SubdiviSion, as shovm by the recorded plat thereof, in the office of the
Recorder of Baxter County, MOlL."1tainHome, Arkansas.
Section 2. A cony of the ordinance duly certified by the City Recorder

shall be filed in the office of the recorder of the County and recorded
in the deed records of the County.
Section 3. This ordinance shall take effect 2nd be in force from and
after its passage.
PASS~ AND A?PROVFTI March 21, 1966.
"A PPROiJED=
ATTEST:
Recorder
ORDINANCE # 195
AN ORDINANCE Alv1E:NDINGORDINANCE NO. 163 \~ITH REFERENCE TO A CHANGE OF ZONING

"VIITHINTHE CITY LTIvIITSOF THE CITY OF HOUNTAIN HOHE, ARKANSAS, FROB RESIDENTIAL
TO COHLERCIAL C-2.
1. The property owners of the subject property properly petitioned the

Planning Commission of the City of Mountain Home, Arkansas, for a change of
zoning from residential to cow~ercial; that notice of said petition was pub-
liched in the Baxter Bulletin as is required by Ordinance No. 163; and that a
public hearing was held on the 7th day of March 1966, at 7:30 p.m. in the
Council Chambers and no remonstrances were filed nor heard.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOilliITAINHOI-IE,ARKANSAS:
That the following described r~al estate be and is hereby ch~nged in zoning
from Residential to Commercial C-2 to wit:
Lot No.6 in Dodds Addition to the Town of Mountain Home, Arkansas, as

shown by the recorded plat thereof.
ENAOTEll May 2, 1966, AlI.'D

DECLARED OPERATIVE AS OF THAT DATE.
oycefDrake
¥.ayor
~~
Delores TaPP 2/;v=!
Recorder
ORDINANCE NO. 196
An orelinance regulating the outside storage a nd burning of any form of trash, refuse,
cans, bottles, garbage, paper: rags, or any other kinds of trash on public or
private property in the City of Mountain Home, Arkansas.
BE IT ORDAINED by the City Council of the City of Mountain Home, Arkansas:
Section 1. From and after the passage of this ordinance, it shall be unlawful
for any person, firm or corporation to place, store or dump any form of tresh,
refuse, garbage, cans, bottles, paper, rags, or any other kind of trash out-
side any building, public or private, on public or private l&ld, unless said
trash, refuse, garbage, cans, bottles, paper, rags or any other kind of trash be
first placed in a container made of metal, wood or vnre properly covered to
prevent spillage, molestation by animals, scattering by wind or scattering by
any other method. Containers constructed of ~nre shall be constructed of mat-
erial ~Qth a mesh of not more than one and one-half inches in diameter. Persons,
firms and corporations responsible for these containers shall keep them in good
repair and in neat condition.
Section 2. No person or persons shall kindle or maDltain or bon-fire, or burn

trash, lumber, leaves, straw, or any other combustible material in any street or
alley, or on any prewises or vacant lot, unless burning be done in covered re-
ceptacles of not more than Iiinch ~nre mesh, or of metal. The Chief of the
Fire Department may issue a general permit, bJ! publication, during the seasons
of the year, for the bm~ning of leaves or other like materials outside the re-
ceptacles. All burning of materials permitted by this paragraph shall be con-
ducted on still days, during daylight, vQth an adult in constant attendance, and
shall be done in a location at least 10 feet from any building or structure, and
where standing grass or weeds will not cormw~icate fire to nearby property.
Section 3. Any person, firm or corporatlon who shall violate the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon conviction
shall be fined in any sum not less than five dollars ($5.00) nor more than
tvrenty-five dollars ($25.00)
Section l-L. The police officers of the city and the cacy health officer are
hereby authorized to enforcp the provisions of this ordinance.
Section 5. If any section of this ordinance shall be found invalid, the in-
validity of that section shall not make invalid the provisions of other sections
of this ordin2nce.
Section 6. All ordinances or parts of ordinances in conflict ~Qth this ordinance

are hereoy repealed.
Section 7. This ordinance being necessary for the im.rnediatepreservation of

the public peace, health and safety, an emergency is hereby declared to exist
and this ordinance shall be in full force and effect from &ld after its passage.
This ordLlance passedcnd approved this 4th day of April, 1966.
APPROVED
ATTEST:
~---"'£Pt.~
Recorder Delores
ORDINANCE NO. 197
.AN ORDINANCE TO li~MENDPARAGRAPH -B- CF~PTER 4 ORDINANCE 190 TO REPJ):

(B)
Upon approval of said bond, the Person d<:OEiringto do such work shall take an
examination provided by the City Clerk, upon passing such examination, the
person srmll secure from the City Clerk a non-transferable license which shall
run until the first day of January next succeeding its issuance unless sooner
revoked.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOl1E,
ARKANSAS.
Adopted and passed Hay 2, 1966
D{f&.;-faP~-- -----
Recorder
ORDINANCE NO. 198
AN ORDINANCE .AHENDING ORDINANCE NO. 163 lHTH REE'ERENCE TO ZONING "lHTHIN THE CITY
LIEITS OF THE CITY OF NOUNTAIN Hmm, ARKANSAS, REl.JiTrv"E TO CHANGING AREA ZONED
AS RESIDENTI.!l..L
TO COlvlNERCI..A..L
C-2.
BE IT ORDAIlI""ED
BY THE CITY COUNCIL OF THE CITY OF HOUNTAIlJ HOHE, ARY..ANSAS:
1. That proper petitions were filed by the property owners requesting a change
in zoning, to-wit: Change of Residential zoning to Commercial zoning; That said
petitions were given to the Planning Corr@ission of the City of Nouhtain Home, .!lIk.:
That notice of said requests were published in a paper having local circulation .
as is required by Ordinance No. 163; That public hearings were held and no re=
monstrances were filed or heard.
IT IS h"TEREFORE, ORDAINED BY THE CITY COUNCIL OF HOUNTAIN HONE, ARY..ANSAS,TF..AT:

the fOllowing described real estate be and is hereby changed in zoning from
Residential to Commercial, to wit:
A part of the sEt SEt of Section 8, and a part of the 1~t of NEt of Section
17, all in T~wnship 19 N.R. 13 West, boun~ded and described as follows: Be-
ginning at the SE corner of the NEt NEt Section 17, and run "\,[est700 feet to
the west side of U. S. HighwaY Nol 62, thence North 21 deg. East along the
West boundary of said Highway 1082 feet, more of less and to the lfficorner
of the James B. Gibson tract, 'which is the SE corner of the Lura King Tract,
run thence North 21 deg. East 105 feet to a point, which is the 1~ corner
of the Lura King tract, run thence North 60 deg. "lest 209 feet, more or less
to the garden fence to a point of begirilling for the tract herein conveyed;
continue thence North 60 deg. West 691 feet, more or less to a corner post,
thence run South 21 deg. West 100 feet to corner post, thence Soutj 60 deg.
East 691 feet to a point, run thence North 21 deg. East 100 feet to the
point of beginning;
That part of the sEt SEt of Sec. 8, and that part of the NEt NEt of Sec. 17,
Twp. 19 North, Range 13 West, lying West of the Pleasant lot, now belonging
to Roland Reed as recorded in record Book 57 at page 585 of the records of
Baxter County, North of the Lura King land as recorded in Record Book 52 at
page 74 of the records of Baxter County, and East of Street that extends along
the East side of the Baxter County Develppment Corporation 15 acre tract and
the tract of land ovmed by the Arkansas Power & Light Company as recorded in
record book 49 at page 438, and the Baxter County Development Corp. Deed
being recorded in record Book 55 at page 109 of the records of Baxter County,
and being described in metes and bounds as follows:
Begirillingat the SE corner of the NEt NEt of Sec. 17 and run thence ~est
along the South line of said forty 700 feet to the West side of U. S. HWY #
62 run thence North 21 degrees East along the West side of said highway
1187 feet to a stake driven in ground for the NE Corner of Lura King lot
and the SE corner of the Reed lot, run thence North 60 degrees West 200 feet
to the SW corner of the Reed Lot and to point of begirilling of the trach here-
in conveyed, run thence North 21 degrees East 105 feet to the ~1£ corner of
Reed Lot at a point on new 40 foot street, run thence in a North .•..
rest er-Ly
direction making the South line of said street the line 640 feet, more or
less, and to East boundary of Street, run thence in a Southwesterly direction
along the East line of said Street 105 feet to the NW Corner of the Lura
King tract, run thence Southeasterly along the North line of the King tract
660 feet, more or less to the point of beginning, containing It acres, more
or less. Submitted by Ray Wallace.
ENACTED Hay 2, 1966 and DECLAPcED OPERJI.TIVEAS OF THAT DATE.
"v-.
ORDINANCE # 199
!IAN ORDINANCE AURHORIZING A LEASE Al'D AGREE}:!ENT BY .llJ.JD

BET~TEEN THE CITY OF IvlOUNTAIN HOHE, AHKANSAS AS LEE'SOR AND
DOUGLAS AIRCRAFT COHPkNY, INC., A DELAhr~RE CORPORATION, AS
LESSEE, IN SUBSTj\J-J~IALLY THE FOPJi AND vrrn SUBSTA1'J~IALLY THF
CONTEN~S SET FORTH IN AND K4.DE A PART OF THIS ORDINANCE;
AUTHORIZING THE EXEC1JTION A1TDDELIVERY OF SAID LEASE AND
AGREE1\:IENT; PRESCFUBING OTHER H.JiTTEHS RELATING THERETO; MID
DECLARING AN EHERGENCY.II
Page # 1 thru 59 on file at City Hall.

ORDINANCE # 200
!IAN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRI.A..L

DElIELOPHENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST
EXTRAORDIHA..."R.Y
SESSION OF THE SIXTY-SECOND GE1TERAL ASSElviBLY
OF THE STATE OF ARKANSAS, APPROVED JANUARY 2JL, 1960, AS AHE}Jl)F'D
?OR T}1::EPURPOSE OF PROVIDIl\'G PEFJi.I\.NENT FINANCING OF TH; COS T
OF SECUEING A}Jv DFVELOPING INDUSTRY (THE PARTICULP..R HIDUSTRIAL
PROJECT IS DESCRIBED IN THE OPJHNANCE); AUGHORIZING THE EXE~<
CUTTON AND DELIVERY OF A TRUST HTDENUTRE SEC IRING THT:"BONDS;
AUTHORIZING AND PRESCRIBING OTHER 11ATTEPS PFRTAINIHG TO SAID
INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF A1'D THE FINANCDJG
THEREOF; .tJID DECLP..RING AN El'1ERGENCY.
page 1 thru 75 on file at City Hall

/'
Jt
ORDThTA.NCENO. 201
An ORDThTANCE SUBMITTING TO THE VOTE?B OF THE CITY OF MOUNTAIN HOME, A.11.KANSAS,

THE QUESTION lmETHER IT \ATILLISSUE BONDS TO THF EXTFNT OF $25'0,000.00 FOR THE
PURPOSE OF RFFlJNDPTG ~12,5'00 OF PARK IMPROVEMENT BONDS OF T~ CITH OF MOUNTAIN
HOME, DATED JUNE 1, 195'5',fl~D PURCHASING A FLYING FIELD FOR THE CITY OF MQUN*
TAIN Hor·}fE,
ARKANSAS, AND JvTPKTIW IMPROVEMENTS THERF'TO.
1eTHEREAS,the flying field nresently serving the City of Mountain Home is in-
adeouat.e for the expr nd.irig nepds of the City and surrounding community and re-
quires development and additional improvements; and
~mEREAS, the said flying field is located t¥ithout the corporate limits of the
City and not under the administration of the City, and it is desirable that
the flying field be placed under the administration of the City in order better
to serve the City and the community; and
~nI8REAS, the City is unable to finance the purchase of the said flying field and
make improvements thereto entirely from the revenues that will be derived from
the operation of the flying field, and the said purchase and improvements re-
quir~ more financial aid than the City of MOuntain Home is able to furnish with-
out issuing bonds; and
1r.JHR11.EAS,of the $69,000.00 of Park Improvement Bonds of the City of Mountain

Home, dated June 1, 1955, there remains outstanding unpaid bonds in the prin-
cipal amount of $12,500.00, which outstanding bonds are callable on any interest
payment date, and. it is necessary that the bonds be refunded in order that the
millage available or pledged under Amendment 13 to the Constitution shall be
avC'ilable; and
WHEREAS, it is proposed to rpfund the said bonds and to finance the purchase and
improvement of the said flying field t.hrough the sale of bonds in the sum of
$250,000.00 to be issued under Amen~ment 13 of the Constitution of the State of
Arkansas, from "Thich funds the City of Mountain Home ,.d.ll·be ;1-·1eto refund the
said outstanding P~rk Improvement Bonds of the City and to Durchase and improve
th", said flying field for the City; and
1rffiE~EAS, it is necessary
that there be submitted to the electors of the City of
Mountain Home, the ruestion whether the City of Mountain Home, Arkansas, .",Qll
issue bonds to thr eytent of $250,000 to refund the s~id bonds and to purchase
and improve the said flying field for the said City:
NOH, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUNTAIN HONE:
Section 1. An election is hereby called to be held at the usual polling places

in the City of Mountain Home on the day of October, 1966, for the purpose of
determining whether the City of Mountain Home ~nll issue the following negotiable
bonds: $250,000 for the purpose of refunding general obligation Park Improvement
Bonds of the City and for purchasing a fl~Ting field for the City of Mountain Home
and making improvements thereto. Said bonds shall be payable as hereinafter set
forth, shall bear interest at such rate or rates as the Council may determine in
the sale of the bonds and be dated October 1, 1966, but convertible at the option
of the purchaser, subject to the approval of the City, into bonds bearing a lower
rate or rates of interest in accordance •.nth the Universal Bond Values Tables and
on such terms as the City shall receive therefor and pay thereon substantially
the same amount of money as if the said bonds are not converted.
Section 2. The said bonds ~dll mature serially on October 1, in the amounts and
years as follows:
$3,000 in e.?ch of the years 1967 to 1970, inclusive;

$h,ooo in e8ch of the ye8rs 1971 to 1975, inclusive;
$5,000 in e.?ch of t.h= y ear-s 1976 to 1979, inclupiv8;
$6,000 in e~ch of the ye?rs 1986 to 1983, inclusive;
$7,000 in each of the Y"'8rs 198h to 1986, inclusive;
$8,000 in each of the ye8rs 1987 to 1990, inclusivp;
$9,000 in each of t.h= years 1991 to 1993, inclusive;
$10,000 in each of thE" years 199L md1995;
$;11,000 in each of the years 1996 and 1997;
$12,000 in the year 1998;
$13,000 in each of the years 1999 and 2000; and
~~lh,ooo in the year 2001.
-2-
The bonds may be made subject to call for redemption before maturity at the option
of the City on such terms as the City may specify in the Notice of Sale.
Section 3. Said election shall be conducted and the votes thereat canvassed and the
results declared under the law and in the manner now provided for municipal
6iections, and notice of said election shall be given by the Mayor by adver-
tisement weekly for at least four (4) times in some newspaper published in the
County of Baxter and having a bona fide circulation in the City of Mountain
Home, the last publication to be not less than ten (10) days prior to the date
of said election.
The ballots for said election shall be marked:
"Vote on measure by placing an 'Xl in the square above the measure either for
or against.
"FOR bond issue of ~2So,ono.oo--------------------~7 7

itA GAlliST bond issue of $250,ooo.OO---------------n
"Bond issue in the amount. of ~50,000 .•
00 for thE'-D'J.!'1J08e
of refunding
$12,500.00 of Park Improvement Bonds of the City of MOuntain Home, dated
June 1, 1955, and purch~sing a flying field for the City of Mountain Home
and making improvements thereto.1I
Section 4. A copy of this Ordinance shall be given to the Baxter County

Board of Election Commissioners so that they may place the question on the
ballot for said election, provide the proper election officials and supplies,
and canvass the vote, on the auestion.
Section 5. At said election, only qualified voters of the City of Mountain

Home ~nll have the right to vote. The results of said election shall be pro-
claimed by the Mayor by publication in some newspaper published in the County
of Baxter and having a general circulation in the City of Mountain Home for
more than twelve (12) months last past, and his proclamation shall advise the
citizens and property o~mers of said City of Mountain Home that the results
as proclaimed irrillbe conclusive unless attacked in the courts -w-ithinthirty
(30) days after the date of such proclamation.
Section 6. It is ascertained and declared that the City of Mountain Home,

Arkansas, is without adeauate airport facilities to protect the health and
safety of the citizens of the City and that an ad~cuate airport is essential
to the health and safety of its citizen It Is, THEREFORE, declared that an
r•
emergency exists, that this ordinance is necessary for the immediate preser-
vation of the public peace, health and safety of its citizens, and that this
ordinance shall take effect and be inforce fro~ and after its passage.
PASSED: August 21" 1966.
APPROVED:
ATTEST:
CITY CLERK
ORDINANCE NO. 202
AN ORDINAlJCE APPROVING THE ISSUANCE ..OF A CERTIFICATE OF D1DEBTEDNESS IN THE PRINCIPAL

MlOUNT OF $300,000 BY WATER AND SEvJER IMPROVEHENT DISTRJ:CT NO.3 OF MOUNTAIN HOME,
ARKfl_NSASFOR THE PURPOSE OF PAYING EXPENSES INSURRED IN CONNECTION J"iITHTHE WATER AND
SEWER IMPROVEMENT PROGRAM TO THE WATER1tlORKSAND SE1iJERFACILITIES SERVING THE CITY OF
£40U:NTAINHOME, ARKANSAS: AGREEING TO ISSUE t{ATERhiORKSAND SEWER REVENUE BONDS IN
ORDER TO PAY THE INDEBTEDNESS INCURRED THEREBY, IF NECESSARYJ PRESCRIBING OTHER
.HATTERS RELATING THERETO; AND DECLARING AN aJERGENCY.
BE IT ORDAINED by the City Council of the City of Mountain Home, Arkansas~
Section 1. That a Resolution of the Board of Commissioners of Water and Sewer

Im.p~ovement District No" 3 of Mountain Home, Arkansas (called "District") authorizing
the incurring of an indebtedness in the principal amount of $300,000, and the issuance
of its Certificate of Indebtedness to evidence the same, has been filed with the
City Council and is hereby incorporated in and made a part of this Ordinance. The
City Council hereby expressly approves the incurring of that indebtedness by the
Board of Commissioners of the District in that the indebtedness is to be expended
for necessary expenditures in connection with the Waterworks and Sewer Improvement
Program to the Waterworks and Sewer facilities serving the City, the details of which
and the details of the financing of which are set forth in the Resolution of the Board
of Commissioners incorporated herein.
Section 2. The City Council agrees that it will take all steps that may be
proper under the Constitution and laws of the State of Arkansas to finalize and
approve assessed benefits against the real property of the District as will, in its
best judgment, be proper under the circumstances as reflecting the ep~ancement in
value of the real property in the District by virtue of the improvements to be
made, all to the end that the District may proceed with the issuance of its bonds
in accordance With the prOvisions of the Resolution of the Board cf Cow~ssioners
incorporated herein. Also, the City agrees to cooperate with the Board of Com-
missioners of the District to appropriately adjust the scope of the improvement,
within the limits of the Constitution and laws of the State of Arkansas, as may
be required for proper financing purposes to the er~ of permitting the District to
proceed with its portion of the financing so as to issue bonds as permitted by
assessed benefits that are ultimately finalized, all pursuant to the covenants
of the District pertaining thereto set forth in the Resolution of the Board of
Commissioners incorporated herein.
Section 3. The City Council agrees that if for any reason the Improvement
Dlstrict cannot issue bonds for the purpose of paying the principal and interest
of its $300,000 Certificate of Indebtedness, that the City Council will proceed
to issue revenue bonds, secured by a statutory mortgage lien on the existing water
works and sewer facilities, subject only as necessary to pre-existing indebtedness,
and by a statutory first mortgage lien on that addition to the water works and
sewer facilities financed by the aforementioned Certificate of Indebtedness, under
the Constitution and laws of the State of Arkansas, including particularly Act. No.
131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of Arkansas
of 1933, as amended, and Act No. 297 of the Acts of Arkansas of 1937, as amended,
and utilize the proceeds thereof for paying and discharging the $300,000 indebtedness,
principal and interest, eVidenced by the District's Certificate of Indebtedness. This
covenant is made in order to induce the purchaser of the District's Certificate of
Indebtedness to purchase the Certificate of Indebtedness and make available the
immedia~ely needed $300,000 to the District for the purpose of paying the expenses
incurred in connection wi th the Improvement Program to the 'Waterworks and Sewer
facilities serving the City.
Section A. That the }~yor and City Clerk of the City be and they are hereby
authorized and directed, for and on behalf of the City, to take such action as may
be necessary to carry out the authority conferred by this Ordinance and to
execute such instruments as may be necessary to carry out that authority or
to evidence the exercise thereof.
Section 5. That the provisions of this Ordinance are hereby declared to be

separable, and if for any reason any provision shall be determined to be invalid,
that determination shall not affect the validity of the remainder of the prOVisions
of this Ordf.nance,
-2-
Section 6. That it is hereby found and declared that the Improvement Program
to the Waterworks and Sewer facilities of the City if immediately needed in
furtherance of the best interests of the public and of the public health,
safety and welfare. The incurring of the $JO'O',O'O'O'
temporary indebtedness by the
District is necessary to the proper progress of tha.t Improvement Program and the
adoption and immediate effectiveness of this O'rdinance is necessary to the in~urring
of that indebtedness by the District. It is therefore declared that an emergency
exists, and this O'rdinance being necessary for the immediate preservation of
public peace, health, safety and welfare shall take effect and be in force from
PASSED this -11-day __ , 1967.

of _....;J::...:a=:;n:::.:::u~a.::::..ry'"--
APPROVED:
. r.
~(~yoy:Uv~ ig c
ATTEST:
City Cl
Ordinance # 20)
NO. 163 vrm REFERENCE TO ZONING lfiITTHIN

AN ORDnTANCE AMENDTIW ORDIl'T.A,.1\fCE THE
CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGnTG AREA
ZONED AS RESIDENTIAL TO CO~1MERCIAL C-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNT_AIN HOME, ARKANSAS:
1. That proper petitions were filed by the property o~mers recuesting

a change in zoning, to-wit: Change of Residential zoning to Comnercial
C-2 zoning; That said petitions were given to the Planning Commission
of the City of Mountain Home, Arkansas; That notice of said reouests
were published in a paper having local circulation as is reouired by
Ordinance No. 163; That public hearings were held and no remonstrances
were filed or heard.
IT IS THEREFORE, ORDAINED BY THE CITY COUN CIL OF MOUNTAIN HGr1E, ARKPNSPS,

THAT; the followr.L~gdescribed real estate be and is hereby changed in
zoning from Residential to Com~ercial, to wit:
A part of the SEt SE~ of Section 8, part of the Wwt of the

NT~T+ of Section16, and a part of the NEt of NEt., Section 17,
To~mship 19 North, Range 13 West, boanded and described as
follows: From the common corner of Section 8, 9, and 16 and
17, To~mship 19 North, Range 13 West, run South along the
Section line 128 f~et for a point of beginning, (said p6funt
of beginning being on the North boundary of the 6 acre tract
deeded to Vera Hutcheson, as recorded in Record Book ho at
Page 627 of the records of Baxter County, Ark.) thence
North 83 deg. 50' West ~Qth said boundary line 232 feet to
the East right of way line of U.S. Highway No. 62, thence
North 20 deg. 30' East 120 feet to the point, thence South
69 deg. 30' East h8h.7 feet to a point, thence North 83 deg.
50' West 267.7 feet to the point of beginning, containing
.67 acres, more or less.
Subject to an easement 100 feet ~Qde to the Arkansas P~7er

and Light Comoany the center line beginning at a point 0.06
feet East of the SW corner of said tract, and extending across
said tract in the direction of a pOint 250 feet North of the
SW corner of said tract.
SUbmitted by Irene Larson
ENACTED FEBRUARY 20, 1967 MID DECLARED OPERATIVE AS OF THAT DATE.

O'rdinance # 20'4
AN O'RDlliAl'JCE
AMENDING O'RDINANCE NO'. 163 1r-JITH
REFERENCE TO' ZO'NING ~'JITHm THE
CITY LIMITS O'F THE CITY O'F MO'UNTAlliHO'ME, ARKANSAS, RELATIVE TC CHAl'JGTIJG
ARPA ZO'NED AS RESIDENTIAL TO' COMMERCIAL C-2.
BE IT O'RDAINED BY THE CITY CO'UNCIL O'F THE CITY O'F "MOUNTAIN HO'ME, ARKPNSPS:
1. That proper petitions were filed by the property m·mers re~uesting

a change in zoning, to ~~t; Change of Residential 70ning to Commercial
zoning; That said petitions were given to the Planning Conmission of
the City of Mountain Home, Arkansas; That notice of said requests vere
published in a naper having local circulation as is reouiredby O'rdinance
No. 163; That public hearings were held and no remonstrances were filed
or heard.
IT IS THEREFORE, O'RD.AINED BY THE CITY COUNCIL O'F MOUNTAIN HO'ME, ARKANSAS,

THAT the foll~nng described real estate be and is hereby changed in
zoning from Residential to Commercial, to wit:
Lots 37-38 and the South 60' feet of Lot 36 of College Heights
addition to the to~m of Mountain Home; a part of the North portion
formerly known as Jones Woodworking Plant.
Submitted by David Drake and Arthur R. Vanderstek.
ENACTED FEBRUARY 20', 1967 and DECLJiRED O'PERATIVE AS O'F THAT DATE.
~IV.~!
Delores Tapp, R~der
Ordansnce # 20'5
AN O'RDINANCE AMENDING O'RDnANCE NO'. 163 l~lITHREFERENCE TO'ZO'NlliGWITHm THE crrr
LIMITS O'F THE CITY O'F MOUNTAIN HO'ME, ARKA.NSAS, RELATIVE TO' CHANGING AREA ZONED AS
RESIDENTIAL TO' CO'l1MERCIAL C-2.
BE IT O'RDAINED BY THE CITY COUNCIL O'F THE CITY O'F MO'UNTAIN HOI-ill,
ARKAl'JSAS:
L That proper petitions were filed requesting a change in zoning, to wit:

Change of Residential 70ning to Commercial C-2 zoning; That said petitions
were submitted by the Planning Commission of the City of Mountain Home,
Arkansas to thp City Council of the City of Mountain Home, Arkansas; That
notice of said renuests were published in a paper having local circulation
as is reruired by O'rdiupnce No. 163; That public heaTings were held and no
remonstrances were filed or heard.
IT IS THEREFORE O'RDAINFD BY THE CITY CO'UNCIL O'F j\J[Q NTAIN HO'ME, ARKANSAS,
THAT: the follm,nng described read estate be and is hereby changed in
zoning from Residential to Commercial C-2, to wit:
Highway 62 SW and 20'0'feet on either side of the right-of-way

boundaries thereof from Wade Street on the West to Dodd Creek
on the East.
ENACTED FEBRUARY 20', 1967 .A,NDDECL.4.REDO'PERATIVE AS O'F THAT D.ATE.

ORDThTANCE # 206
AlIJ ORDINANCEFOR THE PURPOSE OF VACATlliG A STREET OR ALLEY In THE CITY OF

MOUNTAlli HOME, ARKANSAS.
HHEREAS, a petition was duly filed with the City Council of the City of Moun-
tain Home, Arkansas, asking the City Council to vacate and abandon all that
portion of land dessribed as follows, to wit: A 19 foot un-named alley lying
between lots 23 and 28 in College Heights Addition to the City of Mountain
Home, Arkansas, as sho~m by the recorded plat thereof, in the office of the
Recorder of Baxter County, Mountain Home, Arkansas.
l~REAS, after due notices as reauired by law, the Countil has, at the time
on the question and has asce~tained that the street or alley or the portion
thereof, hereinbefore described, has heretofore been dedicated to the public
use as an a1ley; has not been actually used by the public generally; and
that the public interest and welfare will not be adversely affected by the
abandonment of such p street.
Nm~T THEREFORE, BE IT ORD.AlliEDBY THE CITY COUNCIL OF THE CITY OF MOUNTAThr

H011E, ARKltNSAS:

in and to the alley designated as foll~Ns:
19 foot un-named alley lying between lots 23 and 28 in College Heights

Addition to the City of Mountain Home, Arkansas, as shown by the recorded
plat thereof, in the office of the Recorder of Baxter County, Mountain
Home, Arkansas.
Section 2. A coPy of the ordinance duly certified by the City Recorder shall
records of the County.
Section 3. This ordinance shall take effect and be in force from and after
its passage.
PASSED AND APPROVED April 3, 1967
APPROVED:
D. G.' Carroll, !ActL1'lgMayor
ATTEST:
ORDINANGB we & 209
AN ORDINPJiJ
CE TO AMEND ORDINANCE NO. 137.
Be it ordained by the City Council of the City of Mountain Home, Arkansas;
Sectio 1. Section 2 of Ordinance No. 137 is hereby amended to read as
follows: The Cl. Vmrshall shall give written notice to any owner of lands
who shall fail to comply ·th Section 1 of OrQ(~ance No. 137, to cut weeds
/
or remove any garbage, refuse 0 other unsightly or unsanitary articles with-
in ten (10) days from the giving of ch notice. If such owner is not a
resident of the City of MOun~~ Home, Ar nsas, such notice shall be mailed
by registered mail to the last kno,vn address 0 such owner.
Section 2. It i~~certained and declared th~this Ordinance is
necessary to the pub;ic health, peace and safety and ~mergency is hereby
<,
declared to exi.s t z This Ordinance shall take effect and be"in full force
from and after its passage.
Approved this 1st day of May, 1967.
Attest:
ORDINAN CE # 208
ORDINANCE A.HENDING ORDINA1\CE NO. 163 1,I\lITH

jJJ~ PcEfERENCE TO ZONING TtJITHINTHE
CITY LIMITS OF THE CITY OF MOl.iNTAINHOlclE, &'1.KA1\iSAS,
RELATIVE TO CHAl'WING AREA
ZONED AS RE$IDENTIAL TO CO~~CIAL C-2.
BE 17 ORDAINED BY THE CITY COiJNCIL OF THE CITY OF MOUNTAIN HOlclE~ARKANSAS:
1. That proper petitions were filed by the property O~TIers requesting

a change in zoning, to--wit: Change of Residential zoning to Co~~ercial
C-2 zoning; That said petitions were given to the Planning Cormnission
of the City of Mountain Home, Arkansas; That notice of said requests
were published in a paper having ~ocal circulation as is required by
Ordinance No. 163; That public hearings were held and no remonstrances
were filed orheard.
IT IS THEREFORE, ORDAINED BYJlJ'HECITY C01JNCIL OF MOUNTAIN HmJ1E, ARKjljlJSAS,

THAT: the following described real estate be and is hereby changed in
zoning from Residential to Commercial C-2, To wit:
A part of swi NEi Sec. 10 Township 19 North, Range 13 West described

as follows: Begin at a point 115 feet East of the intersection of
the West line of S.W. i N.E. i Sec. 10 and the North R. W. line of
Highway # 5 (marked by fence line); run N. Parallel to and 115 feet
from said fence line, 265 feet, rQ~ due East 300.7 feet; thence due
South, 263.65 feet to N. line of Hwy 5, thence W. along R/W line
302.75 feet to point of begi~ning, contair~ng 2 acres, more or less.
(Submitted by Joe Brunson.)
ENACTED -----"...::.::=--=::...>--=<-=--'-----"-
July 10, 1967 and DECUL~D OPEHATlVE AS OF THAT DATE.
ATTEST:
ORDINAN CE # 209
AN ORDINANCE AMENDING SECTION TWO (2) OF OPillI~liU~CE119, I~ICH ADOPTED

the A,.'q.KP.NSAS
STATE PLUJ\iIBING
CODE, BY ADDING A PPRAGRJ\PH TO BE PPRAGRAPH
11.2.6 OF CHAPTER 11 OF SAID CODE: M~D FOR UTHER PUP~OSES.
IT IS 0FDAn~ED M~D B~ACTED BY THE CITY COill~CILOF THE CITY OF MOllJTAIN

HOJV1E,ARKANSAS:
Sectionl. Section two (2) of Ordinance nUIT~ered 119 enacted by

the Council of the City of Mountain Home, Ark&~sas is hereby amended
to add, as par?graph 11.2.6 of chapter II of the Arkansas State Building
Code, to read as follows:
"11.2.6 All drain lines under drive-ways, public passageways,

parking areas) or under an3T other hard surface material shall be of
cast iron, concrete, or virtrified-clay sewer "]pipe 11 c
Section 2. All ordinances or parts of ordinances in conflict here

with are hereby repealed.
Section 3. This ordinance being necessar~y for the immediate pre=

servation of the public peace, health and safety, an emergency is here=
by declared to exist and this ordinance shall be in full force and effect
This Ordinance passed and approved this 10th day of July, 1967.
APPROVED:
~~"~~~r 0 ce Drake
ATTEST:
ORDINANCE NO. 210
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF EACH OF

THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND -WITHIN 'WATER AND :SEWER IMPROVEMENT DI:STRICT
NO. 3 OF MOUNTAIN HOME, ARKANSAS.
WHEREAS, 'Water and Sewer Improvement District No. 3 of Mountain Home, Arkansas (the
"District") has been heretofore established, and all action preliminary to the assessing
of benefits properly taken, in accordance with applicable Lawj. and
WHEREAS, assessments of benefits have been duly made by ;the Board of Assessors of
the District and filed in the office of the City CLerk, (the "Assessments") pur-
suant to law, and Notice of said filing duly published on the 21st day of September,
1967, in tee Baxter Bulletin, a newspaper of general circulation in the City of
Mountain Home, Arkansas; and
'WHEREAS, Irl Paul, a property owner within the boundaries of 'Water and :Sewer Im-
provement District No.3 of Mountain Home, has, in writing, abjected and protested
the assessment of benefits to his property. The 'Council and the duly appointed
assessors for 'Water and Sewer Improvement District No. 3 of Mountain Home reviewed
the assessments against Mr. Paul's property and found that there was no discrimina-
tion or deviation and, therefore, the protest was without merit; and
WHEREAS, the firm of poynter and Huckaba, attorneys at law for Constant Wier, and
orthers similarly situated, in writing, protested the benefit assessments for the
reasons:
(a) "There is an inequitable distribution of assessments between occupied lots

and vacant lots." The CounCil, in considering the formula applied by;the assessors
and in review of the assessments, find that there is no inequitable distribution
of assessments between occupied lots and vacant lots.
(b) "No credit was given him, and others similarly situated, for sewer connections
to main sewer line which he, and others similarly situated, paid personally." The
Council finds that it is not the obligation of the District or the City to make
sewerage system connections to individual dwellings. All property owners are
required to connect to the sewer system at their own expense. The sewer line
is taken to a point that is near or at the property line only and there is no
merit to this protest; and
-wHEREAS, no other protest of assessments have been received; and
'WHEREAS, said benefits received by each and every block, lot and parcel of
real property situated in said District equal or exceed the assessment thereon;
and
WHEREAS, the estimated costs of accomplishing the improvements involved to be

borne by the District, exclusive of interest on finanCing, are Nine Hundred
Forty-five Thousand Dollars ($945,000.00), (with the balance of the total
estimated cost to be obtained from the proceeds of revenue bonds issued by the
City of Mountain Home, Arkansas, and from a grant by an agency of the Government
of the United States of America); and
'WHEREAS, the assessments amount to One Million Nine Hundred Twenty-two Thousand
Six Hundred Eighteen Dollars ($1,922,618.00);
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mountain

Home, Arkansas:
Section 1. That the several blocks, lots and parcels of real property in
the District be, and they are hereby, assessed according to theassessments as
the same now remains in the office of the City Clerk, and that five (5%) per
cent of the assessment of each of said blocks, lots and parcels shall be
collected by the County Collector with the first installment of general taxes
becoming due in the year 1969 and annually thereafter with the first installment
of general taxes until the whole of the indebtedness, principal and interest,
incurred by the District for the purpose of accomplishing the improvements,
secured by the assessments, shall be paid.
Section 2. That all Ordinances and Resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict, and this Ordinance
shall be in full force and effect from andafter its passage.
PASSED: October 9th, 1967
APPROVED:
Mayor
ATTEST:
---~-
Recorde( ;
AN ORDINANCE AMENDING ORDINANCE NUMBER 163 WITH REFERENCE TO ZONING WITHIN THE
CITY LIMITS &F THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA
ZONED AS RESIDENTIAL TO COMMERCIAL C-2.
BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF MOUNTAIN HOME, ARKANSAS:
1. That proper petitions were filed by the property owners requesting a change
in zoning, to wit: Change of residential zoning to commercial C-2 zoning;
that said petitions were submitted to the planning commission of the City of
Mountain Home, Arkansas; that notice of said petition and a public hearing
thereon was published in a paper having local circulaTIon as is required by
Ordinance Number 163; that public hearing was held and no remonstrances were
filed or heard.
IT IS THEREFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
That the following described real estate be, and is hereby changed in zoning
from residential to commercial, C-2 to-wit:
That part of the sEt of the sEt of Section 8, Township 19 North,

Range 13 West, described as follows: Beginning at the intersection
of the West side of US Highway 62 and the South side of Paul Street
(formerly referred to as the AP&L sub-station road); run thence
Westerly along the South side of Paul Street 200 feet to a point of
beginning for the tract herein described; run thence Southerly
parallel to US Highway 62, 270 feet, more or less, to the North
side of Wade Street; run thence Westerly along Wade Street 60 feet
to a point; run thence Northerly parallel with Highway 62 270 feet,
more or less, to tee South side of Paul Street; run thence Easterly with
said street 60 feet to the point of beginning.
ENACTED OCTOBER 16, 1967 AND DECLARED OPERATIVE AS OF THAT DATE.

205
ORDINANCE NO.212
AN ORDINANCE AMENDING SECTIONS TWO AND FOUR OF ORDINANCE 119 OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, ENTITLED "AN ORDINANCE CREATING THE OFFICE OF
PLUMBING INSPECTOR, GOVERNING THE CONSTRUCTION, INSTALLATION AND INSPECTION
OF PLUMBING, AND FOR OTHER PURPOSES."
BE IT ORDAINED BY THE CITY OF MOUNTAIN HOME, ARKANSAS:
SECTION 1. Drainage piping serving fixtures within buildings, whether pre-

sently constructed or hereafter to be built, the floors of which are not more
than two (2) feet above the level of the top of the manhole immediately
upstream of the service line connecting the building to the main shall be
protected by approved backwater ~ve.
SECTION 2. The City Plumbing Inspector will hereafter approve no plumbing

installation until such valve shall be installed, or the builder shall have
provided engineering evidence that such valve is not required under Section
1 of this Ordinance.
SECTION 3. The invalidity or unconstitutionality of any Section or provlslon

of this Ordinance shall not invalidate any other Section or provision of this
Ordinance.
SECTION 4. All Ordinances or parts of Ordinances in force at the time that

this Ordinance is passed and inconsistent therewith, are hereby repealed.
SECTION 5. It has been determined that this Ordinance is necessary and is

vital to the health, welfare and safety of the public; therefore, an emergency
is hereby declared to exist and this Ordinance shall be in full force and
effect from and after its passage and approval.
APPROVED:
PASSED: November 8, 1967
ATTEST:
Recorder
ORDINANCE # 214
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITIl REFERENCE TO ZONING WITHIN THE CITY
LIMITS OF TIlE CIIT OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS
RESIDENTIAL TO COMMERCIAL C-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
That proper petitions were filed by the property owner requesting a change
in zoning, to-wit: Change of Residential zoning to Commercial zoning; That
said petitions were given to the Planning Commission of the City of Mountain
Home, Arkansas; That notice of said requests were published in a paper having
local circulation as is required by Ordinance No. 163; That public hearings
were held and no remonstrances were filed or heard.
IT IS TIlEREFORE, ORDAINED BY THE CITY COONCIL OF MOUNTAIN HOME, ARKANSAS, THAT:

the following described real estate be and is hereby changed in zoning from
Residential to Commercial C-2, to wit:
All of lot 30 in Block 1, in the first addition to Langston Subdivision

and also a tract adjoining said lot 30, the entire tract to be conveyed
bounded and described as follows; Beginning at the NW corner of said
lot 30, block 1, run thence in a slightly NE direction along the North
line of said Lot 30, Block 1 to the NE corner of said lot, run thence
in a SE direction along the East line of said Lot 30, Block 1, and
said line extended in the same direction a total of 64 feet to a point,
run thence in a westerly direction 97 feet, more or less, to the East
line of Lot 8, Block 1, to a point that is 16 feet and 6 inches South
along said East line of Lot 8, from the South line of Lot 30 run
thence Northerly along the East Line of Lot 8, Block 1, 16 feet and
6 inches to the South line of Lot 30, run thence Westerly along the
South line of Lot 30, 15 feet and 6 inches, more or less to the SW
corner of said Lot 30, run thence Northerly along the West line of
said Lot 30, Block 1, to the point of beginning, being all of Lot 30,
Block 1, to the point of beginning, being all of Lot 30, Block 1 and
a strip of land South of said lot.
That part of the W t of sEt of SEC. 4, twp. 19 N., R. 13 West described

as follows: Begin at the NE corner of the Nwt sEt of said section,
run West on the North line of said 40, 47 feet to the South side of
U.S. Hwy. 62 right-of-way: run thence S. 38 deg. West along the Hwy
right-of-way 801.5 feet to a point marked by a walnut tree, run
thence S. 43 deg. 12' W. 568.6 feet to the center of a concrete
bridge over Hogan Creek, run thence South 26 deg. 34' W. 94.1 feet
to a point of beginning for the tract herein conveyed; run thence S.
29 deg. 15' E. 18 feet and 4 inches; run thence East 225 feet,
more or less to the center of the creek; run thence Northwesterly
wi th the center of the creek to the said right-of-way line;'ruh
thence Southwesterly with said right-of-way line 99.5 feet to the
place of beginning.
Beginning again at the same point of beginning for the tract above
described and run thence South 29 deg. 15' East 18 feet and 4 inches
for point of beginning for this tract, and run thence S. 29 deg.
15' East 113 feet to a point designated as Point A, run thence
North 65 deg. 45' East 146 feet more or less to a point in the
Center of the Creek, run thence in a N.W. direction 225 feet,
more or less to the point of beginning, and beginning again 115 feet
North 65 deg. 45' East from Point A, and run thence South 65' to a
point, run thence East 130 feet more or less to the West side of the
creek, run thence along the West side of the creek to a point North
60 deg. 45' East of Point A run thence South 60 det. 45' West to the
point of beginning and containing in all 5/8 of an acre, more or less.
This property is commonly known as Spring Valley Motel.
ENACTED MARCH 18, 1968 AND DECLARED OPERATIVE AS OF THAT DATE.

ORDINANCE # 215
ORDINANCE AMENDING ORDINANCE NUMBER 163 WITH REFlERENCE TO ZONING WITHIN

THE CITY LIMITS OF THE :CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING
AREA ZONED AS RESIDENTIAL TO COMMERCIAL C-2.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS;
1. That proper petitions were filed by the property owner requesting a change
in zoning, to wit: Change of residential zoning to commercial C-2 zoning;
that said ~etitions were submitted to the plannQng commission of the City
of Mountain Home, Arkansas; That notice of said petition and a public hearing
thereon was published in a paper having local circulation as is required by
Ordinance Number 163; that a public hearing was held and all remonstrances
were heard and considered afterwhich the Planning Commission recommended that
the property be re-zoAed.
IT IS THEREFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
That the following described real estate be, and is hereby changed in zoning
from residential to commercial, C-2 to-wit:
Block 1 in the Mooney's addition to the Town of Mountain Home, as shown by

the recorded plat;
Being a part of the swt NEt of Section 9 Twp. 19N., R. 13 West bounded on
the West by College Street and on the South by 9th Street
ENACTED MARCH 18, 1968 AND DECLARED OPERATIVE AS OF THAT DATE.
The above described property owned by Ralph Morris at the time of rezoning.
ORDINANCE NO.. 216
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS,
PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS,
AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM: AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF MOUNTAIN HOME,
COUNTY OF BAXTER, STATE OF ARKANSAS.
Be it ordained and enacted by the Council of the City of Mountain Home,

State of Arkansas, as follows:
ARTI€:LE I
Definitions
Unless the context specifically indicates otherwise, the meaning of terms

used in this Ordinance shall be as follows:
SEC. 1 "BOD (denoting Biochemical Oxygen Demand) shall mean the quantity
of oxygen utilized in the biochemical oxidation of organic
matter under standard laborator; procedure in five (5) days at
20 deg. C, expressed in milligrams per liter.
SEC. @ "Building Drain" shall mean that part of the lowest horizontal
piping of a drainage system which receives the discharge from
soil, wastes, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning fie (5)
feet (1.5 meters) outside the inner face of the building wall.
SEC. 3 "Building Sewer" shall mean the extension from the building drain
to the public sewer or other place of disposal.
SEC. ~ "Combined Sewer" shall mean a sewer receiving both surface run-
off and sewage.
SEC. 5 "Garbage" shall mean solid wastes from the domestic and commercial
preparation, cooking, and dispensing of food, and from the
handling, storage, and sale of produce.
SEC. 6 "Industrial Wastes shall mean the liquid wastes from industrial
t1
manufacturing processes, trade, or business as distinct from

sanitary sewage.
SEC. 7 "Na tura I Outlet" shall mean any outlet into a watercourse, pond,
ditch, lake, or other body of surface or groundwater
SEC. 8 "Person" shall mean any ind.ividual, firm, company, association,

society, corporation or group.
SEC. 9 "PH" shall mean the logarithm of the reciprocal of the weight
of hydrogen ions in grams per liter of solution.
SEC.IO "Properly Shredded Garbage" shall mean- the wastes from the
preparation, cooking, and dispensing of food that have been
shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public
sewers, with no particle greater that one-half (t) inch (1.27
centimeters) in any dimension.
SEC.ll "Public Sewer" shall mean a sewer in which all owners of abutting
properties have equal righrs, and is controlled by public authority.
SEC.12 "Sanitary Sewer" shall mean a sewer which carries sewage and to
which storm, surface, and ground waters are not intentionally
admitted.
SEC.13 "Sewage" shall mean a combination of the water-carried wastes

from residences, business buildings, institutions, and industrial
establishments, together with such ground, surface, and storm
waters as may be present.
SEe.14 "Sewage Treatment Plant" shall mean any arrangement of devices

and structures used for treating sewage.
SEC.15 "Sewage Works" shall mean all facilities for collecting, pumping,
treating, and disposing of sewage.
SEC. 16 "Sewer" shall mean a pipe or conduit for carrying sewage.
SEC. "Shall" is mandatory; "May" is permissive.
SEC. 18 "Slug" shall mean any discharge of water, sewage, or industrial

waste which in concentration of any given constituent or in
quantity of flow exceeds for any period of duration longer than
fifteen (15) minutes more than five(5) times the average
twenty-four (24) hour concentration or flows during normal
operation.
SEC. 19 "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer
which carries storm and surface waters and drainage, but excludes
sewage and industrial wastes, other than unpolluted cooling water.
SEC. 20 "Superintendent" shall mean the Water Superintendent of the Ci ty

of Mountain Home, or his authorized deputy, agent, or representative.
SEC. 21 "Suspended Solids" shall mean solids that float on the surface 6f,
or are in suspension in water, sewage, or other liquids, and which
are removable by laboratory filtering.
SEC. 22 "Watercourse" shall mean a channel in which a flow of water occurs,

either continuously or intermittently.
ARTICLE II
Use of Public Sewers Required
Sec. 1 It shall be unlawful for any person to place, deposit, or permit to

be deposited in any unsanitary manner on public or private property
within the City of Mountain Home or in any area under the juris-
diction of said City, any human or animal excrement, garbage, or
other objectionable waste.
SEC. 2 It shall be unlawful to discharge to any natural outlet within

the City of Mountain Home or in any area under the ~risdiction
of said City, any human or animal excrement, garbage, or other
objectionable waste.
SEC. 3 Except as hereinafter provided, it shall be unlawful to construct

or maintain any privy, privy vault, septic tank, cesspool, or
other polluted waters, except where suitable treatment has been
provided in accordance with subsequest prOvisions of this ordinance.
SEC. 4 The owner of all houses, buildings, or properties used for buman
occupancy, employment, recreation, or other purposes, situated
within the city and abu±ting on any street, alley, or right-of-
way in which there is now located or may in the future be located
a public sanitary or combined sewer of the City, is hereby re-
quired at his expense to install suitable toilet facilities
therein, and to connect such faciliues directly with the proper
public sewer in accordance with the provisions of this Ordinance,
within one hundred twenty (120) days after date of official
notice to do so, provided that said public sewer is within three
hundred feet (300') of the property line.
ARTICLE III
PRIVATE SEWAGE DISPOSAL
SEC. ~ Where a public sanitary or combined wewer is not available under

the provisions of Article II, Section 4, the building sewer shall
be connected to a private sewage disposal system complying with the
provisions of this article.
2 Before commencement of construction of a private sewage disposal

syste~ the owner shall first obtain a written permit signed by
the Superintendent. The application for such permit shall be
made on a form furnished by the City, which the applicamt shall
supplement by any plans, specifications, and other information as
are deemed necessary by the Superintendent. A permit and in-
spection fee of Ten Dollars ($10.00) shall be paid to the City at
the time the application is filed.
SEC. 3 A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the Superintendent. He shall be allowed to inspect the work
at any stage of construction and, in any event, the applicant
for the permit shall notify the Superintendent when the work
is ready for final inspection, and before any underground por-
tions are covered. The inspection shall be made within twenty-
four (24) hours of the receipt of notice by the Superintendent.
SEC. 4 The type, capacities, location and layout of a private sewage

disposal system shall comply with all recommendations of the
Department of Public Health of the State of Arkansas. No per-
mit shall be issued for any private sewage disposal system
employing sub-surface foil absorption facilities where the area
of the lot is less than 12,500 square feet. No septic tank or
cesspool shall be permitted to discharge to any natural outlet.
SEC. 5 At such time as a public sewer becomes available to a property

served by a private sewage disposal system, as IDrovided in
Article III, Section 4, a direct connection shall be made to
the public sewer in compliance with this Ordinance, and any
septic tanks, cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with suitable material.
SEC. 6 The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to
the City.
Sec. 7 No statement contained in this Article shall be construed to

interfere with any additional requirements that may be imposed
by the Health Officer.
SEC. 8 When a public sewer becomes available, the building sewer shall
be connected to said sewer within one hundred twenty (120) days
and_the private sewage disposal system shall be cleaned of sludge
and filled with clean bank-run gravel or dirt.
ARTICLE IV
Building Sewers and Connection
SEC. 1 No unauthorized person shall uncover, make any connections with or

opeiing into, use, alter, or disturb any public sewer or appurten-
ance thereof without first obtaining a written permit from the
Superintendent.
SEC 2 There shall be two (2) classes of building sewer permits: (a)
for residential and commercial service, and (b) for service to
establishments producing industrial wastes. In either case, the
owner or his agent shall make application on a special form
furnished by.the City. The permit application shall be supple-
mented by any plans, specifications, or other information considered
pertinent in the judgment of the Superintendent. A permit and
inspection fEe of Five Dollars ($5.00) for a residential or commercial
building sewer permit and Five Dollars ($5.00) for an industrial
building sewer permit shall be paid to the City at the time the
applicatio~s filed.
SEC 3 All costs and expense incident to the installation and connection,
maintenance, and repair of the building sewer shall be borne by
the owner. The owner shall indemnify the City for any loss or
damage that may directly or indirectly be occasioned by the in-
stallation of the building sewer.
SEC 4 A separate and independent building sewer shall be provided for

every building; except where one building stands at the rear of
another, on an interior lot and no private sewer is available or
can be constructed to the rear building through an adjoining alley,
court, yard, driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as
one building sewer.
SEC 5 Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Super-
intendent, to meet all requirements of this Ordinance.
SEC. 6 The size, slope, alignment, material or construction of a building
sewer, and the methods to be used in excavating, placing of the
pipe jointing, testing, and backfilling the +r-ence , shall all
conform to the requirements of the building and plumbing ~ode
or other applicable rules and regulations of the City. In the
absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications
of the A.S.T.M. and W.P.C.F. Manual of Practice No.9 shall apply.
SEC. 7 Wheneber possible, the building sewer shall be brought to the

building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by
such building drain shall be lifted by an approved means and
discharged to the building sewer.
SEC. No person shall make connection of roof downspout, extenor

foundation drains, areaway drains, or other sources of surface
run-off or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public
sanitary sewer.
SEC. 9 The connec~ion of the building sewer into the public sewer
shall conform to the requirements of the/building and plumbing
code or other applicable rules and regulations of the City, or
the procedures set forth in appropriate specifications of the
A.S.T.M. and the W.P.C.F. Manual of Practice No 9. All such
connections shall be made gas-tight and water-tight. Any de-
viation from the prescribed procedures and materials must be
approved by the Superintendent before installation.
SEC. 10 The applicant for the building sewer permit shall notify the
Superintendent when the building sewer is ready for inspection
and connection to the public sewer. The connection shall be
made under the supervision of the Superintendent or his re-
presentative.
SEC. 11 All excavations for building sewer installation shall be

adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways, and
other public property distrubed in the course of the work
shall be restored in a manner sausfactory to the City.
ARTICLE V
Use of the Public Sewers
SEC. 1 No person shall discharge or cause to be discharged any storm-

water, surfact water, groundwater, roof run-off, sub-surface
dra inage, uncontaminated coo ling wa t er , or unpo lluted indu stria 1
process waters to any sanitary sewer.
SEC. 2 Stormwater and all other unpolluted drainage shall be discharged

to such sewers as are specifically designated as compined
sewers or storm sewers, or to a natural outlet approved by
the Superintendent. Industrial cooling water or unpolluted pro-
cess waters may be discharged, on approval of the Superintendent,
to a storm sewer, combined sewer, or natural outlet.
SEC. 3 No person shall discharge or cause to be discharged any of the I,
following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable

or explosive liquid, solid, or gas.
(b) Any waters or wastes containing toxic or poisonous solids,

liquids, or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere
with any sewage treatment process, constitute a hazard to
humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess
of two (2) mg/l as CN in the wastes as discharged to the
public sewer.
(c) Any waters or wastes having a pH lower than 6.5 or having

any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the sewage
works.
(d) So'lidor viscousssuhstagces in quantities or of such size
capable of causing obstruction to the flow in sewers, or
other interference with the proper operation of the sewage
works such as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers, tar,
,c -.ple:stics, wood, unqr ound garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups
milk containers, etc., either whole or ground by garbage
grinders.
SEC. 4 No person sahlI discharge or cause to be discharged the following

described substances, materials, waters, or wastes, if it appears
likely in the opinion of the Superintendent that such wastes can
harm either the sewers, sewage treatment process, Or equipment,
have an adverse effect on the receiving streat, or can otherwise
endanger life, limb, public property, Or constitute a nuisance.
In forming his opinion as to the acceptability of these wastes, the
Superintendent will give consideration to such factors as the
quantities of subject wastes in relation to flows and velocities
in the sewers, materials of construction of the sewers, nature of
the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment
plant, and other pertinent factors. The substances prohibited are:
(a) Any liquid or vapor having a temperature higher than one

hundred fifty (150) degrees F., sixty-five (65) degrees C.
(b) Any water or waste containing fats, wax, grease, or oils,

whether emulsified or not, in excess of one hundred (100) mg/l
or containing substances which may solidify or become viscous
at temperatures between thirty-two (32) and one hundred fifty
(150) degrees F., (0 and 65 degrees C.)
(c) Any garbage that has not been properly shredded. The in-
stallation and operation of any garbage grinder equipped with
a motor of three-fourths (3/4) horsepower (0.76 hp metric)
or greater shall be subject to the review and approval of the
~, Superintendent.
(d) Any waters or wastes containing stron acid firon pickling

wastes, or concentrated plating solutions whether neutralized
or not.
(e) Any waters or waste containing iron, chromium, copper, zinc,

and similar objectionable or toxic substances, or wastes
exerting an excessive chlorine requirement, to such degree
that any such material received in the composite sewage at the
sewage treatment works exceeds the limits established by the
Superintendent for such materials.
(f) Any waters or wastes containing phenols or other taste or

oGor-producing substances, in such concentration exceeding
limits which may be established by the Superintendent as
necessary, after treatment of the composite sewage, to meet
the requirements of the State, Federal, or other agencies
of jurisdiction for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such half-life or

concentration as may exceed limits established by the Super-
intendent in compliance with applicable State or Federal
regulations.
(h) Any waters or wastes having a pH in excess of 8.0.
(i) Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids

(such as, but not limited to , Fullers earth, lime
slurries, and lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride and
sodium sulfate).
(2) Excessive discolo±ation (such as, but not limited to,

dye wastes and vegetable tanning solution).
(3) Unusual BOD, chemical oxygen demand, or chlorine

requirements in such quantities as to constitute a
significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes con-
stituting "slugs" a s defined herein.
(j) Waters or wastes containing substances which are not amenable

to treatment or reduction by the sewage treatment processes
employed, or are amenable to treatment only to su.th.degree
that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over
discharge to the receiving waters.
SEC. 5 If any waters Or wastes are discharged, or are proposed to be

discharged to the public sewers, which waters contain the sub-
stances or possess the characteristics emumerated in Sections
3 and 4 of this Article, and which in the judgment of the Super-
intendent, may have a deleterious effect upon the sewage works,
processes, equipment, or receiving waters, or which otherwise
create a hazard to life or constitute a public nuisance, the
Superintendent may:
(a) Reject the wastes.
(b) Require pre-treatment to an acceptable condition for dis-

charge to the public sewers.
(c) Require control over the quantities and rates of discharge,

and/or;
(d) Require payment to cover the added cost of handling and

treating the wastes not covered by existing taxes or sewer
charges under the provisions of Section 10 of this Article.
If the Superintendent permits the pretreatment or equalization of

waste flows, the design and installation of the plants and equip-
ment shall be subject to the review and approval of the Super-
intendent, and subject to the requirements of all applicable
codes, ordinances, and laws.
SEC. 6 Grease, oil, and sand interceptors 'shall be provided when, in

the opinion of the Superintendent, they are necessary for the
proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, or other harmful ingred-
ients; except that such interceptors shall not be required for
private living quarters or dwelling units. All interceptors shall
be of a type and capacity alproved by the Superintendent and
shall be located as to be readily and easily accessible for
cleaning and insp~ction.
SEC. 7 Where preliminary treatment or flowequalizing facilities are

provided for any waters or wastes, they shall be aaintained con-
tinuously in satisfactory and effective operation by the owner
at his expense.
SEC. 8 When required by the Superintendent, the owner of any property

serviced by a building sewer carrying industrial wastes shall
install a suitable control manhold together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling, and measurement of the wastes. Such man-
hole, when required, shall be accessible and safely located, and
shall be constructed in accordance with plans approved by the
Superintendent. The manhole shall be installed by the owner at
his expense, and shall be maintained by him so as to be safe
and accessible at all times.
SEC. 9 All measurements, tests, and analyses of the characteristics

waters and wastes to which reference is made in this Ordinance
shall be determined in accordance with the latest edition of
"Standard Methods for the Examination of Water and Wastewater,"
published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable
samples taken at said control manhole. In the event that no
special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public
sewer to the point at which the buDding sewer is connected.
Sampling shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage works and
to determine the existence of hazards to life, limb, and
property.
SEC. 10 No statement contained in this Article shall be construed as pre-
venting any special agreement or arrangement between the City and
any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the City for treatment,
subject to payment therefor, by the industrial concern.
ARTICLE VI
Protection From Damage
SEC. 1 No unauthorized person shall maliciously, willfully, or negligently

break, damage, destroy, uncover, deface, or tamper with any st~cture,
appurtenance, or equipment which is a part of the sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
ARTICLE VII
Powers and Authority of Inspectors
SEC. 1 The Superintendent and other duly suthorized employees of the City
bearing proper credentials and identification shall be permitted
to enter all properties for the pmrposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions
of this Ordinance. The Superintendent or his representatives shall
have no authority to inquire into any processes including metallurgi-
cal, chemical, oil, refining, ceramic, paper, or other industries
beyond that point having a direct bearing on the kind and source
of discharge to the sewers or waterways or facilities for waste
treatment.
SEC. 2 The Superintendent and other fuly authorized employees of the City
bearing proper credentials and identification shall be permitted
to enter all private properties through which the City holds a
duly negouated easement for the purpose of, but not limited to,
inspection, observation, measurement, sampling, repair, and main-
tenance of any portion of the sewage works lying within said ease-
ment. All entry and subsequent work, if any, on said easement,
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
ARTICLE VIII
Penalties
SEC. I Any person found to be violating any prov1s10n of this Ordinance

except Article VI shall be served by the City with written notice
stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender
shall, within the period of time stated in such notice, perman-
ently cease all violations.
SEC. 2 Any person who shall continue any violation beyond the time limit
provided for in Article VIII, Section 1, shall be guilty of a mis-
demeanor, and on conviction thereof shall be fined in the amount
not exceeding One Hundred Dollars ($100.00) for each violation.
Each day in which any such violation shall continue shall be
deemed a separate offense.
SEC. 3 Any person violating any of the provlslons of this Ordinance shall
become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.
ARTICLE IX
Validity
SEC. I All Ordinances or parts of Ordinances in conflict herewith are

hereby repealed. Provided, however, nothing herein shall be con-
strued to repeal the provisions of Ordinance 212 of this City.
SEC. 2 The invalidity of any section, clause, sentence, or provision of

this Ordinance shall not affect the validity of any other part of
this Ordinance which can be given effect without such invalid part
or parts.
ARTICLE X
Ordinance in Force
SEC. 1 This Ordinance shall be in full force and effect from and after its
passage, approval, recording, and publication as provided by law.
SEC. 2 Passed and adopted by the Council of the City of Mountain Home,
State of Arkansas, on the 1st day of April, 1968, by the
followin vote:
Ayes 8
Namely: Pratt, Talburt, Welborn, Keeter,C~rroll, Russell,

Baker, Dyer.
Nays None
Namely: _
Approved this 1st day of April, 1968

ORDINANCE # 217
AN ORDINANCE AMENDING ORDINANCE NUMBER 163 WITH REFERENCE TO ZONING WITHIN THE
CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA
ZONED KS COMMERCIAL C-2 TO COMMERCIAL c-r.
BE IT ORDAINED BY THE CITY COONCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
1. That proper petition was filed by the property owners requesting a change
in zoning, t07wit: Change of commercial C-2 zoning to commercial C-I zoning;
that said petition was submitted to the Planning Commission of the City of
Mountain Home, Arkansas; that notice of said petition and a public hearing
thereon was published in a newspaper having local circulation as is required
by Ordinance Number 163; that public hearing was held and no remonstrances
were filed or heard.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
That the following described real estate, be, and is hereby changed in
zoning from commercial C-2 to commercial C-l, to-wit:
That part of the Northwest Quarter (NWt) of the Northwest Quarter <NWt)
of Section nine (9), Township nineteen (19) North, Range thirteen (13)
West, bounded and described as follows: Beginning at the second post
oak tree North of the dry branch opposite what is commonly known as the
C.A. Eatman lot, which point is forty (40) rods and ten (10) links
South of the Northeast corner of said NWt NWt, run thence West two
hundred ten (210) feet; run thence North two hundred ten (210) feet;
run thence East two hundred ten (210) feet to the West right of way
line of U.S. Highway No. 62; run thence South along said right of way
line two hundred ten (210) feet to the place of beginning.
ENACTED May 6 ,1968, AND DECLARED OPERATIVE AS OF THAT DATE.
I"'i
8f!b_lj(J 4/4...
~~
Bob Ta1burt, Acting Mayor
Ordinance No. 218
AN ORDINANCE FOR THE PURPOSE OF VACATING A STREET OR ALLEY IN THE CITY OF

MOUNTAIN HOME, ARKANSAS.
WHEREAS, a petition was duly filed with the City Council of the City of
Mountain Home, Arkansas, asking the City Council to vacate and abandon all
that portion of land described as/follows, to wit:
That portion of Street lying between lots 24,25 and 26, 27 and that
portion of Street lying between lots 27, 26 and 36, 37 and that portion
of alleY. lying between lots 37 and 38 in College Heights Addition
to the City of Mountain Home, Arkansas, as shown by the recorded
Home, Arkansas.
WHEREAS, after due notices as required by law, the Council has, at the
heard on the question and has ascertained that the street or alley or
the portion thereof, hereinbefore described, has heretofore been dedicated
to the public use as a street or alley; has not been actually used by the
public generally; and that the public interest and welfare will not be
adversely affected by the abandonment of such a street or alley.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOME, ARKANSAS;

in and to the Street or Alley designated as follows:
That portion of Street lying between lots 24, 25 and 26, 27 and that
portion of Street lying between lots 27, 26 and 36, 37 and that portion
of alley lying between lots 37 and 38 in College Heights Addi tion
to the City of Mountain Home, Arkansas, as shown by the recorded
Home, Arkansas.
Section 2. A copy of the ordinance duly certified by the City Recorder

shall be filed in the office of the Recorder of the County and recorded
in the deed the
Section 3. This ordinance shall take effect and be in force from and
after its passage.
PASSED AND APPROVED May 6, 1968
~~
Acting Mayor Bob Talburt
ORDINANCE NO 219
AN ORDINANCE TO AMEND ORDINANCE NO. 158 TO THE CITY OF MOUNTAIN HOME,

ARKANSAS, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COO'NCIL OF MOUNTAIN HOME, ARKANSAS:
SECTION 1. Ordinance Numbered 158 is hereby amended to amend the Electrical

Code, thereby adopted, and three (3) copies of which are on file in the office
of the Clerk of the City of Mountain Home, Arkansas, in the following
particulars:
Section 6 of the Electrical Code adopted by Ordinance Numbered 158 is

"SECTION 6. The classification of the various branches of the electrical

industry and qualifications required of applicants for each classification
shall be as follows:
A. "Journeyman Electrician" shall be defined to include any individual who

possesses the necessary qualifications, training and technical knowledge to
install, maintain and extend electrical conductors and equipment; further,
he shall be capable of doing such work in accordance with plans and spec-
ifications furnished him in accordance with standard rules and regulations
governing such work.
1. He shall have had at least four years experience installing wires,

conductors andaectrical equipment used inside of buildings for the trans-
mission of electrical current for electrical light, heat or power purposes.
2. Those working as Journeyman at the time of the passage of this

ordinance shall be eligible to take the examination within 30 days after
the passage of this ordinance.
Examination fee for "Journeyman Electrician" shall be $10.00.
Renewal fee for "Journeyman Electrician" shall be $7.00.
B. "Maintenance Electrician" shall be defined to include any individual

engaged in the business of building, erecting, maintaining and repairing
electrically illiminated or operated signs, and gaseous tubing for illumin-
ated or operated signs, and gaseous tubing for illiminations, making all
connections on secondary side of transformers and primary connections only
where there is a sign circuit or an outlet of sufficient capacity available,
or any individual engaged in the business of servicing, maintaining, re-
pairing and installing- electrical equipment in connection with refrigeration
providing they do not make final connections to electric current unless
there is an approved outlet of sufficient capaci ty_ available •.
1. He shall have had at least two years experience in the installation,

maintenance and repair of electrical equipment in connection with refrigeration.
Examination fee for "Maintenance Electrician" shall be $6.00.
Renewal fee for "Maintenance Electrician" shall be $4.00.
C. "Apprentices" shall be defined to include any person working or serving

to learn to be skilled in any branch of the electrical business and cannot
perform actual work of installing, repairing, or maintaining electrical
wiring or equipment, unless under the direct supervision of a journeyman.
Said apprentice is required to be licensed under this ordinance.
Examination fee for "Apprentices" shall be $4.50.
Renewal fee for "Apprentices" shall be $3.00.
D. "Maintenance Electrician's Helper" shall be defined to include any person

working under the direct superVlS10n of a licensed maintenance leectrician
performing such works as defined for said maintenance electrician.
Said maintenance electrician's helper is required to be licensed under this

ordinance.
--;? -
Examination fee for "Maintenance Electrician's Helper" shall be $3.50.
Renewal fee for "Maintenance Electrician's Helper" shall be $3.00.
Eo "Electrical Contractor" shall be defined to include any person, member

and/or employee of a firm, partnership, or corporation engaged in the
business of installing, erecting or repairing or contracting to install,
erect or repair electric wires or conductors to be used for the transmission
of electric light, heat, or power purposes or to install or repair,
mouldings, ducts, raceways or conduit for the reception or protection of
such wires or conduits, or any electrical machinery, apparatus, or systems
to be used for electrical light, heat, power or signaling purposes
operating at a potential of 30 volts or more.
Any person, or a member, and/or employee of a firm, partnership or corporation

desiring to engage in the business of "Electrical Contractor" may apply for
and be issued a license upon satisfying said Board that he or it is either a
Journeyman Electrician or employs a Journeyman Electrician as its Super-
intendent or manager.
Such electrical contractor shall pay a license fee of $30.00 within 10

days after becoming eligible, therefor which license shall be valid to
December 31, and $30.00 annually thereafter, payable on or before the
last day of January of each year.
Before any person, firm, partnership, or corporation shall engage in the

business of electrical contracting as herein defined, the name, residence
and place of business of such person, firms, partnerships or corporation
shall be registered in a book to be kept for that purpose by the Secretary
of the Board of Electrical Examiners and Supervisors, a copy of which
shall at all times be kept on file in the office of the Superintendent of
the Electric Department of the City of Mountain Home. In said book
shall also be recorded the name of the Journeyman Electrician managing or q
supervising the business of such person, firm, partnership, or corporation
as superintendent or manager and the date on which such person qualified
as a Journeyman Electrician under the terms and provisions of this ordinance.
Every removal of place of business, or change in name of the organization,
or change in the licensed Journeyman Electrician in charge of the business,
shall require immediate notice thereof to the Secretary of said Board, who
shall make the proper changes in the record book heretofore mentioned.
Every Electrical Contractor shall promptly report to the Secretary of said
Board the death, resignation or discharge of his or its Journeyman
Electrician; and if another Journeyman Electrian is not secured within
three days after the next succeeding examination held therefor by the Board,
the license of such contractor shall be suspended until a new licensed
Journeyman Electrician is employed.
No licensed Journeyman Electrician can represent more than one firm at a

time. The actual work shall be done by a qualified Journeyman Electrician."
Sub-Sections G,H, and N of Sedtion 16 of the Electrical Code adopted by

Ordinance No. 158 are amended, respectively, to read as follows:
"G. All ceiling outlet boxes shall be fitted with plaster rings.
Number of conductors in boxes shall be governed by Article 370, Section 3709,
as set forth in the National Electrical Code."
"H. All outlets for ceiling or bracket lights whereever installed

shall be mounted on bar hangers and ears drilled and tapped and in residence
wiring all switch and outlet boxes shall be of the type known to the trade
as Galvanized or Sheradized or nylon fiber approved boxes and shall be
at least one and one-half (It inches) inches deep."
"N. All wiring installed in or under concrete or other type of floor

laid on earth, shall be done with galvanized conduit not smaller than
three-fourths (3/4) inch and wire approved for this prupose used."
Sub-Section J of Section 17 of the Electrical Code ad9pted by ordinance

No. 158 is amended to read as follows:
"J. Temporary Service: There shall be a pole securely set in the ground,
pole to be of sufficient height to support the service drop, a minimum of
ten (10) feet above ground. Provide meter base, ffinimumconduit size one
(1) inch, minimum wire size No.6, and weather head. Equipped with fused
disconnect switch and grounding type receptacle. Entire system to be
assembled in conduit and grounded, on private property."
-3-
SECTION 2. That new construction in the City of Mountain Home is rapidly

increasing, and there is inadequate protection furnished the general public
concerning electrical wiring in such construction. It is common knowledge
that inferior work upon electrical wiring results in fires, loss of life and
property, and general inconvenience, and unless the provisions of this
ordinance are placed into effect immediatily, the public peace, health and
safety will be adversely affected, therefore, an emergency is hereby de-
clared to exist and this ordinance shall be in full force and effect from
and after its passage and approval.
Passed June 3, 1968

ORDINA.NCE
NUMBER 220
hN ORDINANCE rJvlENDINGORDINANCE l'fl.JMBER

163 lNITIIREFERHJCE TO ZONING VHTHIN
THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING
hREAS ZONED AS RESIDENTIAL TO CONU~ERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, J4.RKfI.NSF.5:
1. That proper petitions were filed by the property owners requesting

a change in zoning; that said petitions were submitted to the Planning
Co~mission of the City of Mountain Home, Arkansas; that notice of said
petitions and a public hearing thereon was published in 2 newspaper having
local circulation 2S is required by Ordinance Number 163; that a public
hearing was held; that 211 remonstrances were heard afterwhich the Planning
Commission recommended that all property described hereinafter be rezoned.
IT IS THEREFORE ORDdNED BY THE CITY COUNCIL OF MOUNTJUN HOME, ARKF.NS1"S:
1. That the following described real estate, be, and is hereby changed
in zoning from Residential to Commercial C-2;
A part of the SW i NE t Sec. 10 Twp. 19 N., R, 13 West as follows:

Beginning at a ~oint where the West line of the SW t NE i of said
Sec. 10 intersects the North Line of State Highway No.5 and ac-
cepted as the fence now exists, run thence North along fence line
265 feet, thence run due East 110.75', Thence South 264.76' to the
North R.W. line of Highway No.5 thence West along said Highway
110.75' to the point of beginning containing .676545 Acres.
(Harry Christensen Property)
2. That the following described real estate, be,· and is hereby changed
in zoning from Residential to Commercial C-l:
That part of the NE t NW t of Section 9, Township 19 North, Range

13 West, described as follows: Commencing at the NE corner of the
NW i of Section 9, run thence North 89 deg. 30' West 130 feet; thence
North 88 deg. 29' West 20 feet, which is a point in the center of
College Street, thence North 0 deg. 59' East 6.8 feet to the
point of beginning for the tract herein described (this point
being the intersection of the center of College and the South
line of First Streets in Mountain Home, Arkansas); thence run
North 88 deg. 29' West along the South line of First Street
214.2 feet to an existing fence forming the West boundary of the
O.H. Hay home place; thence run South 2 deg. 0' iNest along the said
fence 369.8 feet to the fence corner; thence run South 88 deg.
29' East along the Cooper-Ray fence to the Center of College
Street 220.8 feet; thence North 0 deg. 59' East 369.8 feet to
the point of beginning, subject to street easements and con-
taining 1.85 acres, mor or less. (C.M. Harris)
Further, the owner of the foregoing described property (C.M. Harris,

et ux) is granted a variance unde~ Ordinance 163, as amended, so that any
building located on said premises may be built within 20 feet, but not
closer than 15 feet, to the back line of said premises.
3. That the following described real estate, be, and is hereby

changed in zoning from Residential to Commercial C-2;
Lot No.1 of Block No.1 of the First Addition to Langston's

Subdivision as shown by the recorded plat thereof.
Also, that part of the Vi t of S~} Section 4, Township 19 North,

Range 13 West, bounded and described as follows Beginning
t . -1-' ,h s: :
a_apOlnt.lnc:.e~enCe_lne 1• 312Tee
r- t N .L7ron d eg .!.:)
e
' ~, or~ .•..
,
cne
West side of a Black \f\jalnutTree 24" in diameter, which bears
S. 40 deg. 45' • 183.3 feet of center of the bridge on High-
way No. 62 over Hogan Creek, run thence S. 29 deg. 15' E. 100
feet, thence N. 60 deg. 45' E. 150 feet; thence N. 29 deg. 15'
~23 feet, more or less to the South right-of-way line of U.S.
Highway No. 62, run thence in a Southwesterly direction with the
South side of Highway No. 62 to the point of beginning, containing
0.36 acres, more or less. (James Hudspeth property)
8~ACTED September 3, 1968 and DECLARED OPERATIVE AS OF THAT DATE.
223
ORDINANCE NO. 221

AN ORDINANCE AMENDING ORDINANCE 113, AS AMENDED AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
SECTION 1. That paragraphs (a) and (b) of Section Six, paragraph (d) of Section
seven; Sections Eight and Nine of Ordinance 113 are hereby amended as follows:
Section 6.
(a) Cause, allow, permit or suffer any vehicle registered in the name of, or
operated by such person, to be parked overtime or beyond the period of legal parking
time established for any parking meter space as herein described. Every two hours a
vehicle remains so parked shall be deemed a seperate occurrance, and shall constitute
a separate violation of this ordinance.
(b) Permit a vehicle to remain or be placed in any pa~king space adjacent to
any parking meter while said meter is displayi,ng a signal indicating that the vehicle
occupying such parking meter space has already parked beyond the period of time pre-
scribed for such parking space on the parking meter adjacent to such space. Every
two hours a vehicle remains so parked shall be deemed a separate occurrance, and
shall constitute a separate violation of this ordinance.
Section 7.
= (d) Any other facts, a knowledge of which is necessary to a thorough under-
standing of the circumstances attending such violation.
Each such Police Officer shall also attach to such vehicle a notice to the
owner or operator thereof that such vehicle has been parked in violation of the
provisions of this Ordinance, and instructing such owner or operator to report to
the office of the City Collector of Mountain Home, Arkansas, in regard to such
violating. Each such owner or operator may wi thin 48 hours, of the time when such
notice was attached to such vehicle, pay to the said City Collector at the City Hall
in Mountain Home, Arkansas, as a penalty for and in full satisfaction of such vio-
lation the sum of fifty cents (50¢). The failure of such owner or operator to make
such payment to the City Collector within said 48 hours shall render such owner or
operator subject to penalties therein after provided in Section Nine for violation
of the provisions of this Ordinance. Said City Collector shall keep strict accounts
of all such receipts, and shall report and remit such sums in the same manner as
required by ordinances of said City relating to other receipts of said office.
Section 8. In any hearing in Municipal Court of Mountain Home, Arkansas,

on a charge of illegally parking a vehicle, testimony that a vehicle bearing a
certain license plate was found, or that was duly reported, unlawfully parked as
prohibited by the provisions of this Ordinance, and further testimony that the
records of the registrar of mofor vehicles for the State or City reflect said license
plate was issued to the defendant,· shall be prima facie evidenc~ that the vehicle
was unlawfully parked, was so parked, or permitted to be parked, by the defendant.
Section 9. Any person who shall violate any of the provisions of this Ordinance,
and any personswho aids, abets, or assists therein, shall upon conviction thereof
be subject to a fine in any amount not exceeding two dollars for the first such
offense or violation. Not to exceed five dollars for the second such offense; and
not to exceed ten and no/lOO dollars for each such offense in excess of two such
offenses or violations.
SECTION 2. If any section, part of section, sentence, claY$e, or phrase of this

Ordinance shall be held unconstitutional or invalid, the remaining portions and
provisions thereof shall nevertheless remain in full force and effect.
SECTION 3. This Ordinance shall be deemed to be in addition and supplementary to

other ordinances of said City regulating traffic therein, which are not in conflict
herewith. All ordinances, or parts of ordinances in conflict with this Ordinance
SECTION 4. It is ascertained and declared that the lack of traffic regulations in

Mountain Home, Arkansas, and the general traffic congestions that is manifest in
the Parking Meter Zones herein established, endangers the peace, health, and safety,
and property of the inhabitants of said City; and that the provisions of this
Ordinance present the most efficient and practical way to remedy such situation.
It is therefore declared that an em~rgency exists; and that this Ordinance being
necessary for the immediate ~eservation of the public peace, health and safety
shall be in full force and effect from and after its passage.
Passed October 21, 1968
224-
ORDINANCE NO. 222
AN ORDINANCE FOR THE PURPOSE OF VACATING A STREET IN THE CITY OF MOUNTAIN

HOME, ARKANSAS.
WHEREAS, a petition was duly filed with the City Council of the City of Mountain
Home, Arkansas, asking the City Council to vacate and abandon all that portion
of land described as follows, to wit: That part of Russell Street lying North
of the North line of lots 15,16 and 17 in Block 6 in the First Addition to
Langston Subdivision in the recorded plat thereof and the South line of said
Russell Street as it presently exists; also that part of the First Addition
to Langston Subdivision described as follows: Begin at the SW corner of lot
17 blk. 6 of the said Subdivision, run thence West along the South line of said
Subdivision 125' for a point of beginning, continue thence along said South
line 100' to a point where the said South line intersects Russell Street as
the Street now exists; thence, North East along the said boundary of Russell
Street 113.75' to a apoint, run thence South 58.7' to the point of beginning.
As shown on the plat accompaning the petition.
~ffiEREAS,after due notices as required by law, the Council has, at the time and
place mentioned in the notice, heard all persons desiring to be heard on the
question and has ascertained that the street or the pQ~tion thereof, herein-
before described, has heretofore been dedicated to the public use as a street;
has not been actually used by the public generally; and that the public interest
and welfare will not be adversely affected by the abandonment of such a street.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME,
ARKANSAS:
Section 1. The Ci ty.of':Mountain Home, Arkansas, hereby releases, vacates and

abandons all it rights, together with the rights of the public generally, in
and to the Street designated as follows:
That part of Russell Street lying North of the North line00f lots 15, 16
and 17 in Block 6 in the First Addition to Langston Subdivision in the
recorded plat thereof and the South line of said Russell Street as it
presently exists;-calso that part of the First Addition to Langston Sub-
division described as follows: Begin at the SW corner of lot 17 block
6 of the said Subdivision run thence West along the South line of said
Subdivision 125' for a point of beginning, continue th~nce along said
South line 100' to a point where the said South line intersects Russell
Street as the Street now exists; thence, Northeast along the said bound-
ary of Russell Street 113.75' to a point, run thence South 58.7' to the
point of beginning.
As shown on the plat accompaning the petition.
Section 2. A copy of the ordinance duly certified by the City Recorder shall
records of the County.
its passage.
PASSED AND APPROVED NOVEMBER 18, 1968.
APPROVED:
Mayor Bo e Drake
~,~ft:=e:
RecQ?der Wayne House
~RDINANCE NO. 223
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF WATERWORKS

AND SEWER REVENuE TEMPORARY BONDS FOR THE PURPOSE OF PROVIDING
FUNDS I~~EDIATELY NEEDED FOR THE CONSTRUCTION OF EXTS~SION,
BETTSltlVlENTSAND IMPROVEiVlENTS TO THE WATERWORKS P.ND SEWER SYSTEM;
PROVIDING FOR THEIR PAYMB~T; PRESCRIBING OTHER MATTERS RELATING
THERETO; pj'l"DDECLARING A.N EMERGENCY.
WHEREAS, the City of Iv\ountainH me, ArkansasCCity"), has undertaken

with Water and Sewer Improvement Dis~rict No.3 of Nbuntain Home, Arkansas
("District"), an extensive and much needed improvement porject tothe
waterworks and sewer facilities serving the City which, together with
expenses and expenditures pertaining thereto and to financing ("proj ect "),
will cost approximately $2,710,000; and
vVHSqEP,S,it is proposed to finance the project costs by a Federal grant

from the United States of Pmerica, Department of Commerce, Economic Development
Administration ("Government") in the amount of $1,355,000 by the City
issuing Waterworks and Sewer Revenue Bonds in the principal amount of
$660,000 and by the District issuing improvement bonds in the principal
amount of $945,000, with there being included in the bond iS6ues amounts
necessary to refund $160,000 in principal amount of outstanding Revenue
Bonds and $90,000 in principal amount of outstanding Improvement District
Bonds (the figures may vary somewhat because of changes occurring prior to
the issuance of permanent bonds); and
VffiEREAS,the neoessary arrangements have been made by the City and the
District for the sale of their respective bonds, under which $500,000 of the
Revenue Bonds will be sold to the Government (if there is no satisfactory
bid from private ~urchasers at the public sale thereof (Pursuant to the
terms of a Loan Agreement with the Government) and $90,000 of the District's
bonds will be sold to private purchasers and $855,000 of the District's
bonds will be purchased by the Government (if no private purchasers submit
a satisfactory bid at the public sale thereof) pursuant to the provisions
of a Loan Agreement with the Government; and
v~rlEREAS,the District has been validly organized and the Commissioners

have properly qualified under the laws of the State of Arkansas; and
WHEREAS, the City and the District have co~~enced construction of the
proj ect and are in need of interim financing to make payments under the
construction contract covering the phase of construction now under way and
to pay other expenses in connection with the project prior to receiving
the proceeds from the sale of the City's Revenue Bonds and the District's
bonds; and
WHEREAS, the Ci~r has determiaed to obtain its portion of the funds
immediately needed by the issuance of Revenue Temporary Bonds and the
Government has approved the City's proposal to obtain a temporary loan of
not to exceed $500,000 from Worthen Bank & Trust Company, Little Rock,
Arkansas, to be repaid from the proceeds of the definitive revenue bonds to
be issued by the City;'
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

MOUNTAIN HOME, ARKANSAS:
Section 1. That under the authority of the Constitution and laws of

the State of Arkansas, particularly Act No. 131 of the Acts of Arkansas of
1933, as amended, and Act No. 132 of the Acts of Arkansas of 1933, as
amended, the Mayor and City Clerk be, and they are hereby, authorized for
and on behalf of the City to execute, affix the seal of the City thereto,
and deliver Waterworks and Sewer RevenE!.8.
Temporary Bonds (the "bonds")
in the aggregate prinCipal amount of not to exceed $500,000. The Bonds
may be delivered at one time or from time to time, shall be in such
denominations, shall be numbered consecutively from 1 upwards, each shall
be dated as of the date of its delivery, and shall bear interest at the
rate of six per cent (6%) per annum. The principal of all of the bonds
shall be due on or before , unless sooner prepaid.
The bonds shall be in substantially the following form with substantially
the following contents, the form and contenets being made a part of this
Authorizing Ordinance, to wit:
page 2
WATERWORKS P.ND SEWER REVENUE TEIVIPORARYBOND
NOo _ Mountain Home, Arkansas
$_----- --------- , 1968
FOR VALUE RECEIVED, the City of Mountain Home, Arkansas ("City"), hereby
promises to pay to bearer the sum of
"""':'---:- --:--:--
__ -:-:--:---:-- -:--_~DOLLARS
on or before , 19__ , with interest from date until paid at the
rate of six per cent (6%) per annum. Principal and interest shall be payable
at the office of Worthen Bank & Trust Company, Little Rock, PIkansas.
This bond is one of an issue of Waterworks and Sewer Revenue Temporary

Bonds ( the "bonds") in the ag9regate principal amount of not to exceed $500,000,
all of like tenor and effect except for number and denomination, issued and de-
livered under the provisions of the Constitution and laws of the State of
Arkansas, particularly Act No. 131 of the Acts of Arkansas, as amended, and Act
No. 132 of the Acts of Arkansas of 1933, as amended, for the prupose of financing
a portion of the costs of constructing extensions, betterments and improvements
to the Waterworks and Sewer System of the City (project"). The bonds do not
constitute an indeaedness of the City within the meaning of any constitutional
or statutory limitation. The bonds are not general obligations of the City
but are special obligations payable solely from revenues derived from the operation
of the Waterworks and Sewer System.
If for any reason the City can not or does not issue its Waterworks and
Sewer Revenue Bonds in the full principal amount contemplated in the over-all
financing proposal, it irrevocably covenants that it will issue Waterworks and
Sewer Revenue Bonds in at least that amount necessary to pay and retire the
principal and interest of the bonds and that it will utilize, to the extent
necessary, the first proceeds available from i~ Waterworks and Sewer Revenue
Bonds for the payment and retirement of the principal and interest of this
bond. The City further covenants that this bond evidences a temporary in-
debtedness incurred for the purpose of obtaining the City's portion of
immediately needed funds for making payments of construction costs covering
the construction now under way and to pay other expenses in connection with
the accomplishment of the project. Reference is hereby made to the ordinance
authorizing the issuance of the bonds for the details concerning the nature and
extent of the security.
The City shall have the right, without previous notice and without
penalty, to prepay all or any part of the principal of the bonds on any date.
The bonds are expressly made negotiable under the laws of the State of
Arkansas and are executed with the intent that the laws of the State of Ark-
ansas shall govern the construction thereof.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions

and things required to exist, happen and be performed precedent to and in the
issuance of the bonds have existed, have happened and have been performed in
due time, form and manner as required by law, and that sufficient of the
revenues to be derived from the operation of the Waterworks and Sewer System
has been and is hereby pledged to the payment of the principal of and interest
on the bonds.
IN WITNESS WHEREOF, the City of Mountain Home, Arkansas, by its City

Council, has caused this bond to be ; executed by the Mayor and the City
Clerk and sealed with the corporate seal of the City, as of the date above
set forth.
CITY OF MOUNTAIN HOME, ARKANSAS
(SEAL)
page 3
Section 2. The present rates for services rendered by the Waterworks

and Sewer System, as heretofore fixed by ordinance, are ratified, approved
and continued.
The City contemplates the issuance of Waterworks and Sewer System

Revenue Bonds in the principal amount of approximately $660,000 (the "permanent
bonds") for the prupose of furnishing the permanent financing of a pc!l?~tionof
the cost of the project, expenses pertaining thereto and the expense of author-
izing and issuing the bonds and refunding certain outstanding bonds. It is
covenanted that the permanent bonds will be issued prior tothe maturity
date of the bonds authorized by this Ordinance and that a portion of the pro-
ceeds thereof required to pay in full the principal and interest of all of
these outstanding bonds will be used for that purpose. If for any reason
the City can not issue its permanent bonds in the full principal amount now
proposed, itrrrevocable covenants that it will issue ~rmanent bonds in at
least that amount necessary to pay and retire the principal and interest of
these bonds and that it vdll in any event properly utilize, to the extent
necessary, the first proceeds available from its permanent bonds for the
payment and retirement of the principal and interest of these bonds. The
City furiher covenants that the bonds evidence a temporary indebtedness in-
curred for the purpose of obtaining the City's portion of immediately needed
funds for making payments of construction costs covering the construction now
under way and to pay other expenses in consection with the project. In this
regard, the City expressly covenants with the holders of the bonds that it will
continuously operate the Waterworks and Sewer System as a revenue-producing
undertaking and will charge sufficient rates for the services of the Waterworks
and Sewer System to at least provide for the payment of the principal of, interest
on and Paying Agent's fees in connection with all outstanding Waterworks and
Sewer Revenue Bonds as the same become due (including the permanent bonds),
the payment of the proper operation and maintenance expenses of ~he Waterworks
and Sewer System, and making required deposits for depreciation.
Section 3. The City covenants that the proceeds of the bonds shall be
expended solely for the purpose of paying the costs of accomplishing the pro-
ject and paying expenses incidental thereto and to the authorization and
issuance of the bonds.
Section 4. That the provlslons of this Ordinance are hereby declared

to be separable and if any section, phrase or provision shall for any reason
be declared to be invalied, such declaration shall not affect the remainder of
the sections, phrases and provisions.
Section 5. That it is hereby ascertained and declared that there is an

immediate need for the improvements to the Waterworks and Sewer System without
wfuich the public health, safety and welfare of the citizens of the City are in
jeopardy and that the project can be accomplished only by the issuance of the
bonds authorized by this Ordinance. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the preservation of
the public health, safety and welfare shall be in force and take effect
i~~ediately upon its passage.
Passed: November 21, 1968
APPROVED:
ATTE ST:
, I Mayor
Ordinance No. 224
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, ALTERATION, RENOVAL,

DENIOLITION, BQUIPMENT, USE, OCCUPANCY, LOCATION, AND IvVUNTENAt\lCE
OF BUILDINGS AND STRUCTURES; CREATING AND ESTABLISHING FIRE DISTRICTSj
ESTABLISHING A DEPARTMENT TO BE KNOWN AS THE BUILDING DEPARTMENT, AND
IN CHARGE OF A BUILDING OFFICIAL AND PRESCRIBING THE POWERS AND DUTIES
UIEREOF; REPEALING ORDINANCE NO. 157; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY OF MOUNTAIN HOME, ARKANSAS:
SECTION:!. Adoption of Buildi~ Code.~

See O/i2d. No .eA.J ft;; J ~4v
There is hereby adopted by the City of Mountain Home, Arkansas, for the
purpose of establishing rules and regulations for the construction, alteration,
removal, demolition, equipment, use, occupancy, location, and maintenance of
buildings and structures, including permits and penalties, and establishing a
Building Department, a Building Code known as the Southern Standard Building
Code, being, in particular, the 1965 edition thereof, and the whole thereof,
save and except such portions hereinafter specifically deleted, if any, modified,
or amended, of which not less than three (3) copies have been and now are filed
in the Office of the C erk of the City of Mountain HOme, Arkansas, and the
same is hereby adopted and incorporated as fully as if set out at length herein,
word for word, and from the date on which this Ordinance shall take effect,
the provisions thereof shall be controlli~g in matters regulated thereby,
within the Corporate Limits of the City of Mountain Home, Arkansas.
SECTION 2. Fire Districts.
All areas of 1the City of Mountain Harne, Arkansas, now or hereafter

zoned, under Corporate Zoning Ordinances, as Cl, C2, or Industrial areas shall
hereinafter be included within the first fire district as defined bYfthe said
Southern Standard Building Code in Sections 301.1 et seq., excepting, however,
one- and two-family residential structures in C2 areas are exempt therefrom
to the extent that they may be of Type VI wood frame construction and in other
matters treated as though in the second fire district.
All other areas within the Corporate Limits of the City of Mountain
Home are hereby designated to be within the boundaries of the second fire district
as so defined.
SECTION 3. Saving Clause.
Nothing in this Ordinance or in the Code herein adopted shall be

construed to effect any suit or proceeding now pending in any Court, any
rights acquired, or liability incurred, nor cause or causes of action accrued
or existing, under any Act or Ordinance repealed hereby. Nor shall any right
or remedy of any character be lost, impaired, or affected by this Ordinance.
Section 4. Validity.
The invalidity of any seC~lon or provision of this Ordinance or of the

Code hereby adopted shall not invalidate any other sections or provisions of
this Ordinance or of the said Code.
$ection 5. Inconsistency.
All Ordinances or parts of Ordinances in force at the time that this

Ordinance takes effect and inconsistent therewith, are hereby repealed.
Section 6. Effective Date.
This Ordinance shall take effect sixty (60) days after its approval,
as required by law. APPROVED: 6&a<2 &1&c::,

. " / Mayo~ \
Passed: January 20, 1969
Attest:-~~tf?
Fder
Ordinance Number 225
AN ORDINANCE AMEl'ifDllW
ORDINANCE NUMBER 163 v1!ITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS. RELATIVE
TO CHANGING AREAS ZONED AS RESIDENTH,L TO COMMERCIAL.
BE IT ORDATIIJEDBY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
1. That proper petitions were filed by the property owners requesting a

change in zoning; that said petitions were submitted to the Planning
Cow~ission of City of Mountain Home, Arkansas; that notice of said
petitions and a public hearing thereon was published in a newspaper
having local circulation as is required by Ordianance Number 163; that
a public hearing was held; that all remonstrances were heard after
which the Planning Commission recommended that all property described
herein after be rezoned.
1. That the following described real estate, be and is hereby changed in

zoning from Residential to Commercial 0-2:
SE-t NE-t of Sec. 16, Twp. 19 North, Range 13 West: Beginning at

the Northeast corner of said forty and run South 144 yards to the
Northeast corner of the Roy Britt tract, run thence West along a
ditch or drain about 200 yards to the East right-of-way line of
the Mountain Home and Arkana public road, run thence Northwest,
with the right-of-way of said road, to a point 27 yards South and
262 yards West of the Northeast corner of said forty, thence East
262 yards to the point of beginning, containing 8 acres, more or less.
ENACTED MARCH 17, 1969, AND DECLPJRED OPERATIVE AS OF THAT DATE.
-------i
AN ORDINANCE RELATIVE TO THE REGULATION AND APPLICATION OF PLUMBDlG

ORDUJ:ANCES, CODES .AND REGULATIONS TO IMPROVEMENTS OUTSIDE THE CITY OF
MOUNTAIN HOME, ARKANSAS, VoJHICHARE CONNECTED TO TIi""E
CITY WATER OR SEWER SYSTEM.
Whereas, the City of Mountain Home, Arkansas, by authority of

appropriate Arkansas Statutes, has extended certain of its water lines
outside the corporate limits of said City, and plans and expects to so
extend other water and sewer facilities thereof in the near future, and;
Whereas, connections are being made and continue to be made to such

facilities directly or indirectly, outside the corporate limite of such
city, and;
Whereas, such connections may effect the sanitary status and integrity
of the cities water and sewer system, and;
Whereas, no ordinance of this City makes the plumbing codes, ordinances

or regulations applicable to connections to such system outside the City;
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOl1NTAIN

HOME, ARKANSAS.
Section 1. From and after the passage of this ordinance, all

ordinances, parts of ordinances, plumbing codes, or regulations promulgated
by authority of such ordinances, parts of ordinances, or plumbing codes,
all amendments, additions to or replacements thereof, shall be applicable
to all improvements -.;,rhich
are or are to be connected, directly or indirectly,
to either the sewer or water system of the City of Mountain Home, Arkansas.
Section 2.. Substandard, unsafe, and unsanitary installations and

connections to the said system may be made unless immediate action is taken
to preserve the said system. Therefore, an emergency is declared to exist,
and this ordinance is necessary for the preservation of the public peace,
health, and safety, and shall be in force and take effect immediately from
and after its passage, approval, recording, and publication as provided
by law"
PASS~uZ«' e /4;, I,Ut

ORDTIJANCE NuI1BER 227
AN ORDTIL1l.NCEFOR THE PlJRPOSE OF Vl',CATlliG

A STREET OR AN ALLEY lli
THE CITY OF MOUNTAIN HQ}1F:,il"R.K.4.NSAS.
WHEREAS, a Petition was duly filed with the City Council of the City
of Mountain Home, Arkansas, asking the City Council to vacate and abandon
a 50-foot street designated as Michael Street in Wiseman Terrace Subdivision,
said street lying East of unplatted properties owned by Rudolph Skiver, et ux,
and Lot 4 of said Subdivision and West of Lots 19 and 20 of said SubdiVision,
all in the City of Mountain Home, Arkansas and;
vmER&~S, after due notice as required by law, the Council has, at the
time and place mantioned in the Notice, heard all persons desiring to be
heard on the question and has ascertained that the said street hereLnbefore
described has been dedicated to the public as a street; but has never been
used by the public generally; that, in fact, the said street has never been
built and that said non-user is for a period of more than 5 years last passed;
and the public interest and welfare 1~11 not be adversely affected by the
abandonment of such street.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOlm, ARFJI..NSAS:
Section I, The City of Mountain Home, Arkansas hereby releases,

vacate~ and abandons all its rights, together with the right of the public
generally, Lu and to the said Ylichael Street in Wiseman Terrace Subdivision
as ShovID by the recorded plat thereof, and lYLug East of Qusubdivided
properties presently owned by Rudolph Skiver :et llX and Lot 4 of said
Subdivision and West of Lots 19 and 20 thereof.
Section 2. ~ copy of this Ordinance duly certified by the City Recorder

shall be filed in the office of the Recorder of Baxter COQuty, Arkansas,
and recorded in the records thereof.
Section 3. This Ordinance shall take effect and be in full force

from and after its passes.
PASSED: ff<'(>~
-? - Ik )
/ 91:<r
~.
APPROVED:/f\:~
'0' 7<; /'
ORDINJu'JCENO. 228
An OrdL~ance establishing Minimum Standards Governing the Use, Occupancy and

MaL~tenance of ~rellings, Dwelling Units and Accessory Structures; Establishing
Minimum Standards GovernL"1g Supplied Utilities and Facilities, and other Physical
things and Conditions Essential to make ~ellL~gs Safe, Sanitary, and Fit for
Human Habitation; Establisbing ML~imum Standards Governing the Condition and
Maintenance of Th{ellL"1gsand Accessory Structures; FixL"1g Certain Responsibilities
and Duties of ~mers and Occupants of ThNellingsj Creating a Housing Board of
Adjustments and Appeals and FixL"1g the Duties and Responsibilities Thereof;
Authorizing the Inspection of vwellings and Accesso~f Structures and Providing
for the Condemnat.Lon of all Bui.Ld'ings and Structures Deemed Unfit for Human
Habitation and Use; and FixL'ig Penalties for Violations.
~mereas, 1rithin the area of jurisdiction of the City of MOQntain Home, of

Arkansas, there are or may be dwellings, dwelling lli~itsand accesso~J structures
which are 1mfit for human habitation and use due to inadequate maintenance,
obsolescense or adandonment; containing defects which increase the hazards of
fire, accident, or other calamities, and which by reason of the lack of maintenance,
inadequate ventilation, light and sanitary facilities or ot~er conditions render
such dwellings ~nd accesso~f structures unsafe, unsanitarJ and dangerous or
detrimental to the health, safety, morals, and general welfare of the co~~unity;
and,
IVhereas, experience and accepted national housing surveys have clearly demonstrated
that such conditions result in a large measure from improper maintenance, inadequate
sanitary facilities, overcrowded conditions in residential occupancies, buildings
and premises and from general neighborhood neglect; and,
Wbereas, it has how become co~~on knowledge that these conditions can be relieved,
in a measure prevented and often eliminated th~ough planned and properly enforced
minimum housing standards, resulting thereby in the upgrading of living conditions
and an overall enhancement of the general health, safety and welfare of all
residents and property m~ers of the community; and,
~~ereas, the Southern BuildL~g Code Congress, a non-profit aSSOCiation, has

developed and made available a set of rrDnimQm housing standards which have been
recognized as beL~g acceptable as a model housing code; and,
~ereas, the laws and statutes of the State of Arkansas provide that model
ordinances and codes may be adopted by reference;
Now, therefore, be it Ordained, that,
Section 1& The Southern Standard Housing Code, being particularly the 1969 edition
thereof and the whole thereof, save and except such portions as may hereinafter
be amended, of which not less than th~ee (3) copies have been and are now filed
in the office of the City Recorder of the City of Mountain Home, and the same are
hereby adopted and incorporated as fully as if set forth at length herein, and
from the date on which this ordinance shall take effect, the provisions thereLn
shall be controlling in the use, maintenance and occupancy of all dwellings,
dwelling units and/or structures ,1ithin the area of jurisdiction of the City of
Mountain Home .•
Section 2. Notl~g in this ordinance or hn the code hereby adopted shall be

construed to affect any suit or proceeding now pendLng L~ any court, or any rights
acquired or liability incurred, now any caD~e or causes of action accrued or
existing, under any act or ordinance repealed hereby" Nov.!shall any right or
remedy of ~~y character be lost, impaired or affected by this ordinance"
Section 30 The invalidity of any section or provision of this ordL~ance or of the

code hereby adopted shall not invalidate other sections or provisions thereof.
Section h. All ordinances or parts of ordli1ances in force at the time that this
ordinance shall take effect and L~consistent herewith are hereby repealed.
Section 5. This ordinance shall take effect i~.ediately upon passage, the welfare
of the City of YJountain Home requiring it ••
Passed: Appr-oved;
?l
~-..l,/ ~~:=,i~~~""';""";::....,,- __
Hayor
ORDINAl'J"CE
NO. 229
AN ORDINANCE FOR THE PURPOSE OF VACATTh!G AN ALLEY Th! Th""ECITY OF :t101JNT.lI.IN

H01'iE,
ARKANS)l,S
!IJHEREAS,a Petition was duly filed 1rith the City Council of the City of Mountain
Home ,.Arkansas, asking the~ City Council to vacate an unnamed 5 foot alley running
North and South between U. 0. Highway 62 and Dodd Creek Road and roughly dissecting
the follovnng described lands in Baxter County, Arkansas, to-w~t:
A part of the Wd! SW! Sec. 9, T-19-N, R-13-W, Baxter County,

Arkansas; which is commonly known as Lot 5, Dodd' s Addition to
:t1tn.Home, Ark. and a trian5~lar piece bOwlded on the west by
Ue S. H1~!& 62, on the North by Lot 5, Dodd1s Addition, and on
the Southeast by the old Yellville-Mtn. Home road and described
as follows: Starthlg at the corner between Sections 8, 9, 16 & 17
thence North, 530 ft. to the south right-of-way line of U. S. Hwy 62
thence along said Right-of-way N 21 deg. E, 1315 ft. to the point
of beginning; thence continue along saidl.ight-of-way N 25 deg , 461
E; 301.1 ft.; thence S 86 dego 301 E, 70.1 ft; thence S 0 deg 521 W,
156.0 ft; thence S 60 deg 481 W, 227.7 ft. to the point of beginning;
containing 0.58 acres, more or less, and;
~rHERRAS, after due notice as required by law, the Council, has at the time and
place mentioned -i11 the Notice, heard all persons desiring to be heard on the question
and has ascertaLled that the said alley hereinbefore described is sho~m on Dodd1s
Plat of the Town of Mountain Home as an alley; but the same has never been used
by the C-eneral Public; that, in fact, the said alley has never been built and the
said nonuser is for a period of more than five years last passed; and the public
interest and welfare ~nll not be adversely affected by adandonment of said alley.
NOH THEREFORE BE IT ORDAINED BY THE CITY COlJNC1L, OF THE CITY OF MOD"NTAIN

F.D1-1E,
ARK..4NSAS:
Section l~ The City of Y~untain Home, Arkansas hereby releases, vacates and
aba.ndons all its rights, together with the right of the public generally,in and
to the said alley above described and vests such rights therein in the fEe simple
ovmers of the property above described.
Section 2. A copy of this ordinance duly certified by the City Recorder shall
be filed in the office of the Recorder of Deeds and Records of Baxter County,
Arkansas and recorded kl said records.
Section 3. This ordinance shall take effect and be in full force from and
after its passage.
_4TTEST:
230
AN ORDINANCE TO Y.L!lJ\E IT 'JNLA'i 1]FUL

I FOR P17'RSONOR GROUP OF PERSONS TO LOITER,
OF P.NY SHOPPllrc CENTER, SlJPEIi.:HARKET,
Hil.HDER,OR PRm'I7LUPON Tht: PARKnJG .!i,REA OR
\i,JITHOUTANY TI\TdFUL BUSINESS.
OTHER BTJSllTESSESTABLISfIMENT, AT CERTAIN 'i0l.J1.1S;!
r: Be it ordained by the City Council of the City of Mo~~tain Home, Arkansas:
(I
I Section 1. It shall be unlawful for any pErson or group of persons, acting
I singly or L~ concert, to wander, loiter, or prowl upon the parking area of any
\ shopping center, supermarket, gasoline sel~ice station, or other business
\ establishJnent, bet1veen the hours of 12:01 a zm, and h:oO a.m" '~rithoutany
~a'wful busL118SS
Section 2. Provided, however, owners or lessees or such establis0$lents may post

notices at each,entrance thereof restricting admittance thereto at any time w~en
the bus:iness, or all the businessses therein, in CBse of a shopping center, are
closed betweAn the hours of 10:30 a.m. and 4:00 9vm" If such notices be posted,
it shall, further, be unlawful for any person or group of persons,acting singly
or in concert, to 1tJander,loiter, or_prowl upon the premises thereof at the
said tim.es"
Section 3" State and local pOLlce, .as well as the Sheriff or Baxter COTh~ty and/or
his Deput.Les are hereby authorized to enter upon the parking areas of private
business establis~uents and discover, investigate and make the arrest of persons
thereon violating the laws of the State of Arkansas, or the ordinance of the City
of MO~l1tain Home, Arkansas, to the same extent if such person or persons were upon
the public streets and highviays.
Section Any person violating the provisions of this ordLlance shall be guilty
of a misdemeanor and upon conviction thereof shall be subject to a fi0e of not
less than $10.00 nor more than $100.00, (Ten Dollars nor more than One Hundred
Dollars) e
Section 5. The passage and enactm.ent of this ordL~ance being essential to the
good of the public health, safety and 'i'lelfare,a state of emergency is declared
to exist and this or-d.inanceshall be in full effect from and after its passage.
All laws and partial laws that conflict herew~th are hereby repealed.
Section 6 The invalidity of any section, clause, sentence, or provision of

Q
this ordinance shall not affect the validity of any other part of this ordinance
which can be given effect Mdthout such invalid part or Darts.
PJ\,sSED=
O~Dn~ANCE NC. 231
AN O"S.DDLANCE ACCEPTTI,JG THE AN~iEXATION OF CERTAlli TffiRITORY TO TIE CITY OF

rvrOTJNTAIN HOIIlE, PRKPHSAS i\J'W ~fAKING S~c!fiIE A PAR.T OF THE CITY OF H01JNT,lIIN HO}W"
ARKPj\TSP,S,~jlJD ASSIGNING Si\1\1E TO HARDS.
-ItJHEP~El~S, a petition. ifTas filed iArith the County Cl.er-k of Baxter County,
Arkansas, by the real estate o~mers of the hereinafter described territory,
praying that said territorJ be annexed to and made a part of the City of
Mountain Home, Arkansas, and,
lJHEREAS, on the 30th day of .Iune 1969, the County Court of Baxter Count.y,
Arkansas found that said petition was signed by a majority of the real estate
o~~ers in both n~~ber and owuership of acreage in said territo~T, that said
territol~ is contiguous And adjoining the present corporate liwits of the
City of MO·~ltain Home, Arkansas; that an accurate plat or map of said territorJ
showing its relationship to the present city had been fj_1ed vTith and made a
part of said petition; that proper notice had been give~ for the time and in
the manner prescribed by la"r; and that said lands and territory should be
a~~exed to and made a part of the City of Mountain Home, Arkansas: subject to
the accepta~ce of the s?~e by the Citv COlli~cil of said Cit~ at the proper
time as provided by law, and,
'c'lI-IERE.AS,
the ti!'18fixed by la"l<1
for appea.rmg from said order of annexation
made by the County Court has expired, and no appeal has been taken from
said order,
NOH, THEREFORE, BE IT OR.:9AllJED BY THE CITY COU1JCIL OF TB"""ECITY OF IJ!OUNTAl1J

HOHE, l\RK.!mSAS:
Section 1: That the following described lands and territo~T contiguous and
adjoining the City of ~fuuntain Home, Arkansas, be, and the same is
accepted as a part of arid annexed to and made a part of the Ci of I\Iolliltairl
Home, Arkansas:
mh c::~ T\-~
1 ,. .i.8 ,-,r~';4 :~L.i:4; vr.:.8 FH'l
-1-'
\l,W4" S"r'l
.•. ,.c,;:q;; t",na"'G par-c. i,
01.~'1 ""[_11.'8 1\1.1.
'~2 'S'2" H.r..%
1\'",",,' "'TIl
h VV4 ano ,,,.. ~[,ne
I\T3,lh 1'1W4l'TE~ lying scut.h of t.he nor-t.herlv right-of -wa~r line of
U S. Highway No. 62; a strip of land along the east side of the
o
51 NWf rJ~~ msasured Lo feet

- -. -: •• "l. -~ l
in
'"e
width from and runnin~..:;>...,
-t
varallel to
..".,. • .
82st ~lne ?f s9lQ S4 NW4 ~E4; a strlD 01 land along ~he eaS0
"'i
side of the SW~ NEi measured 40 feet in width from and running
nara I~Le l' t.o t.h ne east- -I- ~.
Lane 0;' s» - c1 ""'i T' ~~~l
sa i.a ~i'(4 "11:'.."4; ,.
a sr.rup 01n 1
Lan j d 1 ',
ong t.ne
..•.
, • .-'I i\ipl e<-pl , ) 0 +' .;..' . '-'-h ~ .' .
ea st. s i.:.•.e 0.1 t.ne \tJ4 0''':;4 mea sur en II .s, ee;,., r r-om ana. r'urrm.ng
.p' ,
11 lD -W.LQv 1
parallel to the east line of said rTIv%SE%, all being situated i~

Section 3, To~mship 19 North, Range 13 Westo
19 North, Range 13 West.
That part of the NEiNEt of said Section 3 and the rriJ'J%DThT% and the
SI·JtlJ'vJt of said Section 2, lying south and "lest of the follo"Ting
described line; Commencing at 2,po~nt on the northerly right-of-way
line of ITo S. Highway Noo 6? ~Dd 60 feet east of t~€ west line of
• , ",TT;' 1 i\~v"1 S
sa i.u -I- •
LJ-~~41;.L.:4, ,·eCLrlOn ,..) lor
":< ~
poan • + ~, ..
t 01 08gJ-rlnmg;
-,-, -1-'
cnen ce SOUu!1 a 1ong
8 line 60 feet east of and parallel to the west line of said
~m%NE~, Section 3, a distan~e of 300r to a Doint on the northerly
right-of-wav line of a proDosed subdivision street, said poLnt
be mg the po.irrt of curve of an 8 deg. -50 I curve to the right
CD= 8 degc-501) and the SW corner 0: Elks Lodge 1 property;
thence easterly along the northerly right-of-way line of said
pr-oposed subdivision street and the B deg.-50 curve to the right
a distance of 290' to the SW corner of Lot 1, Phase I, proposed
Fairvlay ~funor Subdivision; thence N 16 deg.-28i E a distance of
90.65 ; thence N 24 deg.-04i ECa distance of 71042 ; thence S
58 deg.-001 E a distance of 191.15"; thenCe 5 deg.-OO! E a
distance of 86.73!; thence S 70 deg.-hII E a distance of 567.3S';
thence S 59 de g, 211 E a distance of 97.251) thence S 6J~ deg.-371-2P
E a distance of 750.271; thence S 3 degG-151 E a distance of 306.1L';
thence S 2 dego-OOI ItJ a distance of 21.'1.01; thence S 54 deg.-OO'
Wa distance of 89.19'; thence West a distance of 79.861; thence
S 2 deg.-OOI W a distance of 136.01; thence East a dist2nce of
80.271; thence S 2 deg.-OOI W a distance of 136.01; thence N
de~.-30' E a distance of 763.25' to a point on the east line of
SW%NW~, Section 2 and point of ?ndLng, said point being 626.0' north
A 1.~ -'-h
0 .•. > ~
~~~n .•..:..e......"l" of
_8 SF ;,..,.vJ.. .. s~ a'i.d C'TTl ~.T1",T.L
-'-U \..A;lf~41\ltJV4o
~ 2 -
All of the above described lands beh~g situated in Sections 2

and 3, To~mship 19 North, Range 13 V!~st, Baxter County, Arkansas,
and containhig in the aggregate a total of 181.33 acres, more or
I.ess.
Section 2: That the above described territol;T shall be alliiexedto and

made a part of ~1Tard1 of the Cit\! of Mountain Home, and the same shall
henceforth be a part of said ward as fully as existing parts of said ward.
PASSED this 4th day a f __ A_~u.-.•o'-'P'_1.l_s_t..•,'-- __ 196 9
ATTEST~
(
ORDDJANCE NO. 232
M\i ORDlltD.NCE Al'ffiNDING OHDll1AfTCE N1J1'TI3ER 16.3 \AJ"'ITHREFERENCE TO ZONllTG

\~rrTHIN THE CITY LITITTS OF THE CITY OF l'10l.J1iJTAIN HOME, ARKANSAS, RELATrrE
TO CaD.NGllTG AREA ZONED AS RESIDENTIAL TO CO~~lliRCIAL 0-2.
BE IT ORDAllJED BY THE CITY COuNCIL OF THE CITY OF HOljNTAIN ROBE, ARKANSP.S:
1$ That proper petitions were filed by the property m~ers requesting a

change in zoning, to-~nt: Change of residential zonL~g to com~ercial C-2
zoning; that said petitions were submitted to the Planrling COffirrussion
of the (3:i.ty
of }1ountain Home, Arkansas; that notice of said petition and
a public hearh:g thereon was published in a paDer having local circulation
as'is reouired by Ordinance N~~ber 163; that a·public hearing was held and
all remonstrances were heard and considered aften~r2ch the Planning
Cowrcnssion reco~~ended that the property be re-zoned.
IT IS T1-t::EREFOHE, ORDAINED BY THE CITY CO'01\1CIL OF MOTJ1:ITT1UN

HONE, ARK.!l,NSAS:
That the follow~ng described real estate be, and is hereby changed in
zoning from residential to co~~ercial 0-2 to-wit:
That part of the NE% of Section 17, Township 19 North, Hange

13 West, described as follows:
Beginning at the SE corner of said forty and run thence West

700 feet, more or less, to the West bowldary- of Uo S. Highway 62,
run thence North 21 deg. East along said HighwBY 912 feet, more
or less and to the fence (this being the NE corner of tract
described in Quit Claim Deed from Gibson to Pleasant, DR 56,
page 215) and the point of begi.nning f.or the tract herein
described; Run thence North 60 deg. West \0ith the fence 191
feet, run thence South 21 deg. W. 73 feet to a point: rLW thence
North 65 deg. West 29.3 feet to a point reID thence North
24 dego 291 East 91.h feet to a point, thence South 63 deg.
53 east 40.4 feet to a point, thence North 27 deg. 97' East
71.5 feet to a point on the West side of Coacr~nan Drive, thence
South 53 deg. 28! East 175 feet, more or less to the West
line of U. S. Higb~ay 62, run thence along Vile West line of said
Highway 62 in a Southeasterly direction 127 feet, more or less,
to the point of beginningc
August L" 1969

PASSED~ -..;;;.;.;~;;;...:-=::;"'-.,.;::,;;...::..::-------
ORDTI';ANCE 233
ORDTI.'T~~l\]CE ORDTIJF-"l'TCE l\TO 163 1\7JTrI REFERENCE TO ZONIN} HITHIN THE

e
crrr LI~'·rrTS OF TT-IE CITy OF I~~JU1JTl£TI'T HOIvIE, J;f{K{NSAS, RELATIVE TO CHP.NGING

j~RE.Jl ZONED .AS RESIDENTIAL TO CO"IT'I8RCIAL.
BE IT ORDATImD
That proper petitions r"Tere filed by Property cwner-s, r-equest ing a

change in zoning; that said petitions were submitted to the PlannL~g
Commi.ss.Lon of the City of }1ountain Home, Arkansas; that notice of' said
petition and a public hearing thereon was published in a newspaper having
local cirCll12tion as z-equi.red b~r Orcli!l2nce IJo& 163; that a public hear-Ing
was held; that all remonstrances were heard, after 1~Jich the Planning
Commission reco~mended that all property described hereinafter be rezv~ed$
IT IS TI-JEREFOHE,
ORDAINED BY THE CITY: COL1,TCIL DF HO\.TIITTAllJ HOl'!fE, 1:I.R.K.4NSi,S:
Ie That the following real estate be, and is hereby changed in zoniLg
from residential to cOl~0erci81 C-2:
Trc.ct, l! Begirin rng at t.he N"Ecorner Qf College Street and

62, r-un th__ ence North 1;\rith the Eas t boundar-y of College Street 231
feet, mor-e ,or .Less , to the center of Nor-th :J r-un then Ncr-t.heas t.er Iy
parallel to the U. S. 62 to a point which lS So
of the South of 'I'horri S-'cre-et and. 231 feet 1-~Test of i-ligh1"Tay
62; run thence Southeasterly to Highway 62; run thence Soutrli~esterly
to the point of beginning.
Tract 2: Begin.ning at the center -of North Street on the East, boundary-
of College StreetJ rQ~ thence North on·th~ East side of College Street
to a point due E~st of the North boundary o~ Lake Street; run thence
East to the Forth line of Tract laboY6 described; rL1.'1. thence in a
Southwesterly direction along said North line of tract 1 to ~he
point of beginning.
FNP,CT'?,D TrIF hTH DjY OF jJJGUST 1969, J\I\ID DFCL!~RED EFFEC,Tr~is FROT1 ~4I\JDAFTEB_
ITS FI1SS.A..GE$
~4TTEST:
ORDIN~~rJCE NO.
OR_DDI~L\l\JCE AlvIENDlllTG OR.DIN.AIJCE: :'Tu1YIBER 163 1rJITr: ~EFERENCE TO ZOlTING h'uTHltT

T~IE CITY L11'l1TS OF THE CITY OF IvIOT.)}TTl>]]T HOHE, .ARI\Br~SPS, REL4.TrlE TO CH...tlNGING
.AREA Z'JNED .AS RESIDENTIAL TO COTv1}I3RCBL 0-2.
BE IT OPJJAINED BY TIE CITY COD'NCIL 0'5' THE CITY OF HOU1JTiIDJ HOT1E, ARKANSAS~
I. That proper petitions 1 rere filed -b"-:I t.he pr-oper-ty owner-s r-eques't.i.ng
A a
ch~ige lli zonL~go to-~dt: Change or residential zoning to com~ercial C-2
zor.:.i2Jg; t.hat, said petitions were submt.t.t.ed to the PLarm i.ng Comni.ssd.on of
the City of MOill1tsDl Home Arkansas; that notice of said petitio~ and
j
a public hearing thereon was pu~lished in a paper having local circulation

as is required ~r Oroinance Number 163; that a public hearDlg was held and all
remonstrances were heard ~~d considered aften~hich the Planning Commission
recommended that the property be re-zoned.
IT IS TrIEREFORE, ORDAINED BY THE CITY C01JNCIL OF r10UNTi\ DT .ARYJH\f SAS :
That the follow~ng described real est2te be, and is herebv changed ~~
zoning from residential (R-1) to cOGmercial (C-2) to-w~t:
Part of the N~* SE*,

. . Section 4, TI~~e19 North, Range 13 West;
Begi.nni.ng at the l\TIrJcorner of said NE} SE~ of said Section L1.
run SOi.:th31 d.ege 00 nrin , east 60,,0 feet; "thence South 33 deg,
00 min •.East 191.8 feet; thence Worth 0 deg. 28 min. West 212 ..2
feet; thence West 133.3 feet to the point of begirilling. contaL'1i..'1g
0.38 acres, more or less •.
E}\IACTED: August 4, 1969
--.-....:..;..-.-.:..::.....;;;.:;...,;...;~-------
The above described property o~med by Woodson Messick and Elli'1ice

Messick.
.:9--<-I;
ORDINANCE NO. dJ-;iJ-_~
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS

AND SEV'{ERREFUNDING AND CONSTRUCTION REVENUEBONDS
FOR THE PURPOSE OF REFUNDING CERTIUN OUTSTANDING
BONDS OF THE CITY AND FINANCING A PORTION OF THE COSTS
OF CONSTRUCTING EXTEJ,TSIONS BETTERMENTSAND IMPROVE-
I
MENTS TO THE WATER"\t\[ORKS

AJ'.J~SEWER SYSTEM (DESCRIBED
IN THE ORDINANCE); PROVIDING FOR THE PAYMENTOF THE
BONDS; PRESCRIBING OTHER MATTERSRELATINGTHERETO;
AND DECLARING AN EMERGENCY.
---
WHEREAS, the City of Mountain Home, Arkansas (the "City"), owns
and operates waterworks and sewer facilities as an inter-related municipal
undertaking (which will be collectively referred to as the "System"); and
WHEREASr the City Council has determined that the existing System
should be improved and that certain extensions 1 betterments and improvements

,
should be constructed in order to make the System adequate for the immediate
needs of the City and its inhabitants; and
WHEREAS the City Council

1 has had prepared by Mehiburger
Engineers ,Inc. 1 Little Rock, Arkansas I Consulting Engineers, plans I s pe ci -
fications and estimates of costs of the needed exte ns Ion s 1 betterments and
improvements (the "improvements ") which are on file with the City Clerk and
to which reference may be made by any interested person; and
WHEREAS, the City does not have funds available to undertake the
, needed improvements I but can obtain the same by the is suance of revenue
bonds i together with other funds (hereinafter described); and
WHERRl1.Sr in connection with the financing of the cost of the improve-
ments it will be in the best interest of the City to refund the outstanding bonds
of an issue of Water and Sewer Revenue Bonds, dated July 1,1950 ("1950 Bonds"L
and an issue of Wat.erwork s and Sewer Revenue Bonds, dated September 1, 1960
("1960 Bonds") f which bonds are by their terms callable for payment prior to
maturity; and
Page 2
WHEREAS, the City has made the necessary arrangements for the
sale of $151,500 City of Mountain Home, Arkansas, Waterworks and Sewer
Refunding and Construction Revenue Bonds r Series A ("Series A Bonds") I bearing
interest at the rate of 6% per annum I at a price of par and accrued interest; and
WHEREAS the City has entered into a Loan Agreement with the United
I
States of America/ Economic Development Administration, whereby the United
States of America has committed to purchase $500,000 in principal amount of
Waterworks and Sewer Refunding and Construction Revenue Bonds I Series B
("Series B Bonds") I at an interest rate of 3-3/4% per annum and at a price of
par and accrued interest if there is not a better price bid at a public sale of
the Series B Bonds; and
WHEREAS the balance

I of the costs of the improvements will be paid
out of grant funds from an agency of the United States of America and from avail-
able proceeds of Improvement Bonds being is sued by Water and Sewer Improvement
District No. 3 of Mountain Home in two series, with Series A in the principal
.amount of $222,000 and Series B in the principal amount of $855 000;

1 and
WHEREAS the Series A Bonds and the Series B Bonds will be collectively
I
referred to as the "bonds";
NOW THEREFORE BE IT ORDAINEDby the City Council of the City of

I I
Section 1. That the refunding and improvements be accomplished.
Authority is hereby conferred for the taking of the necessary steps I and the
execution of the necessary documents to undertake and complete the refunding
and the improvements.
Section 2. The City Council hereby finds and declares that the period
of usefulness of the System after the completion of the improvements will be more
than forty (40) years 1 which is longer than the term of the bonds.
Page 3
the State of Arkansas r including particularly Act No. 131 of the Acts of Arkansas
of 19331 as amended/ Act No. 132 of the Acts of Arkansas of 1933, as amended,
Act No. 297 of the Acts of Arkansas of 1937, as amended, and the applicable
decisions of the Supreme Court of the State of Arkansas, including particularly
City of Harrison v. Braswell, 209 Ark. 1094 1 193 S.W.2d 12 (l946L Waterworks
and Sewer Refunding and Construction Revenue Bonds, Series A and Waterworks
1
and Sewer Refunding and Construction Revenue Bonds 1 Series B, are hereby
authorized and ordered issued for the purpose of accomplishing (with other funds)
the refunding and Improvernent s , paying necessary expenses incidental thereto
and paying the expenses of authorizing and issuingthe bonds. Payment of bearer
bonds and interest coupons shall be made at the principal office of the Paying
Agent. Payment of principal/ when registered as to prtrictpa l , and of interest
when registered as to interest , shall be by check or draft mailed to th.e registered
owner at the address shown on the bond registration book of the City maintained
by the Trustee.
A. The Series A Bonds shall be dated July I, 1969 I shall bear interest
at the rate of 6% per annum, interest shall be payable semiannually on January 1
and July 1 of each year I commencing January 1/ 1970 1 shall be in the denomination
of $1-,000 each (except Bond No.7 which shall be in the denomination of $500) and
shall be numbered consecutively from 1A to 152A. Worthen Bank & Trust Company I
Little Rock, Arkan sa s , will be Trustee and Paying Agent for the Series A Bonds
and the Series B Bonds.

The Series A Bonds shall mature on July 1 of each year as follows 1 but
shall be subject to redemption prior to maturity as hereinafter set forth:

Page 4
BOND NOS.
1970 IA - 7A $ 6,500
1971 8A - l4A 7/000
1972 15A - 2lA 7/000
1973 22A - 29A 8,000
1974 30A - 37A 8/000
1975 38A - 46A 9/000
1976 47A - 55A 9/000
1977 56A - 6SA 10/000
1978 66A - 76A 11,000
1979 77A - 87A 11/000
1980 88A - 99A 12/000
1981 100A - IllA 12/000
1982 l12A - 124A 13/000
1983 12SA - 138A 14/000
1984 139A - lS2A 14/000
The Series A Bonds shall be negotiable coupon bonds payable to
bearer but shall be subject to registration as to principal or as to principal
and intere st.
B. The Series B Bonds shall be dated July I, 1969 1 shall bear interest
at the rate accepted by the City at the public sale I interest shall be payable
semiannually on January 1 and July 1 of each year, commencing January I,
1970, and the Series B Bonds shall mature on July 1 of each of the years 1985
to 2005 r inclusive (as appears in the form of Notice of Sale hereafter set forth) I
but shall be subject to redemption prior to maturity as hereafter set forth.
The purchaser of the Series B Bonds may elect to have delivered to
it one single fully registered bond with annual installment payments of principal
in the amount set forth in the maturity schedule in the form of Notice of Sale with
semiannual interest payments, principal and interest payable at such place of
payment as shall be designated by the purchaser with one exchange privilege
upon ninety (90) days notice to the City to coupon bonds payable to bearer but
subject to registration as to principal or as to principal and interest in the de-
nomination of $1 r 000 each or a multiple thereof, as specified by the holder of
the fully registered bond, numbered consecutively from IB upwards I in the total
principal amount aggregating the unpaid principal installments of the fully
registered bond. The City agrees to print, at its expense, execute/ seal,
cause to be authenticated by the Trustee and deliver any such exchange bonds
when requested by the holder of the fully registered bond.
/
Page 5
The Series B Bonds shall be sold at public sale after advertisement
in such publications as the Mayor shall determine will insure adequate notice
and opportunity for bidding. After the sale I the terms of the sale of the Series
B Bonds shall be submitted to the City Council for approval by Resolution. In
its Resolution, the City Council shall set forth the details of the Series B Bonds
as they are being issued, including numbering, denominations and a schedule
reflecting the annual principal maturities I the semiannual interest requirements
and the total requirements.
The form of the Notice of Sale for the Series B Bonds shall be in
substantially the following form:

Page 6
NOTICE OF SALE
$500,000
CITY OF MOUNTAIN HOME ARKANSAS I
WATERWORKSAND SEWER REFUNDING AND CONSTRUCTION

REVENUEBONDS, SERIES B
Sealed bids will be received by the City Council of the City of
Mountain Home / Arkansas ("City") I at the office of the Mayor / Mountain
Home, Arkansas I up to o'clock _.m. r DST / on _
1969/ for the purchase of the City's $500,000 Waterworks and Sewer Refunding
and Improvement Bonds, Series B ("bonds ") .
The bonds will be in the denomination of $1,000 each I will be dated
July I, 1969/ will mature serially in numerical order on July 1 in each of the
years 1985 to 2005, inclusive, and will bear interest at such rate or rates
averaging not greater than the maximum acceptable figures herein provided.
Interest on the bonds will be payable semiannually on January 1 and July 1/
commencing January 1/ 1970. The bonds will mature July 1 of each year, as
fol.Iow s:
YEAR AMOUNT
1985 $16/000
1986 16/000
1987 17,000
1988 18,000
1989 19/000
1990 19,000
1991 20,000
1992 21,000
1993 22,000
1994 23,000
1995 24,000
1996 24,000
1997 25,000
1998 26,000
1999 27,000
2000 28,000
2001 29,000
2002 30,000
2003 31,000
2004 32,000
2005 33,000
Page 7
The bonds are being is sued for the purpose of financing I together
with federal grant funds and the proceeds derived from the sale of Waterworks
and Sewer Refunding and Construction Revenue Bonds r Series A, dated July I,
1969, in the total principal amount of $151,500 1 Water and Sewer Improvement
District No. 3 of Mountain Home Improvement Bonds I Series A, dated July 1 r
1969 r in the principal amount of $222,000 1 and Water and Sewer Improvement
District No.3 of Mountain Home Improvement Bonds; Series BI dated July I,
1969 1 in the principal amount of $855,000, the refunding of an outstanding issue
of the City of Water and Sewer Revenue Bonds, dated July 11 1950 I and an issue
of Waterworks and Sewer Revenue Bonds , dated September 11 1960 1 and the
cost of constructing extensions I betterments and improvements to the water
and sewer system (II improvements ") serving the inhabitants of the City and
adjacent areas. Reference to the unqualified word "bonds" will mean only the
Waterworks and Sewer Refunding and Construction Revenue Bonds, Series B I
advertis ed hereby.
The bonds are being -issued under the Constitution and laws of the
State of Arkansas I including specifically Act No. 131 of the Acts of Arkansas
of 19331 a s .amended , Act No. 132 of the Acts of Arkansas of 19331 as arnended ,
Act No. 297 of the Acts of Arkansa s of 1937 1 as amended I and the decision of
the Supreme Court of the State of Arkansas in the case of City of Harrison v.
Braswell I 209 Ark. 1094 1 194 S.W .2d 12 (1946). The bonds will not be general
obligations of the City I but will be special obligations payable solely from net
revenues derived from the operation of the Waterworks and Sewer System of the
City I and will not constitute an indebtedness of the City within the meaning
of any constitutional or statutory limitation. The bonds are issued on a parity
as to Iteri , pledge and security with the issue of Waterworks and Sewer Refund-
and Construction Bonds I Series AI dated July I, 1969 1 referred to above.
The bonds will be callable for payment prior to maturity 1 in whole or
in part, in inverse numerical order at par and accrued interest/ as follows:

Page 8
From funds from any source on any interest payment date on and after July I,
1979, upon not less than thirty (30) days notice at a price of par and accrued
interest, plus a premium of the principal redeemed as follows:
4% if redeemed July 1, 1979 or January I, 1980;

3-1/2% if redeemed July I, 1980 to January 1/ 1981;
3% if redeemed July 1, 1981 to January 1, 1982;
2-1/2% if redeemed July I, 1982 to January I, 1983;
2% if redeemed July 1/ 1983 to January I, 1984;
1-1/2% if redeemed July I! 1984 to January 1/ 1985;
1% if redeemed July I, 1985 to January 1/ 1986;
1/2% if redeemed July 1 r 1986 to January I, 1987;
No premium after January1r 1987.
A Loan Agreement has been entered into with the United States of
America, Economic Development Administration, pursuant to which it proposes
to buy, at par plus accrued interest, at 3-3/4% per annum interest rate, any
maturities of these bonds for which no other bid complying with the terms of
the Official Notice of Sale is received at an equally favorable net interest cost.
Each bid (except that of the United States of America) must be
accompanied by a certified or cashier's check payable to the order of the City
of Mountain Home 1 in the s urn of 1% of the prmctpal amount of bond s bid
for I to be applied as partial payment for the bonds 1 or as liquidated damages
in the event a bidder fails to comply with the terms of his bid. Checks of
unsuccessful bidders will be returned promptly. Interest will not be paid
on good ff'ith checks.
Bids of not less than par and accrued interest, at an average net
interest cost not to exceed 3-3/4% for the amount of bonds bid, will be con-
sidered for consecutive full annual maturities provided: (1) coupon rates
are in multiples of 1/8 of 1% withno limit as to the number of rates; (2)
all bonds maturing on the same date shall bear the same rate of interest; (3)
no bond shall bear interest at more than one rate re nd (4) the difference
between the lowest and highest interest rates named shall not exceed 2%.
No supplementary interest coupons will be permitted.
Preference in award will be given to bids for the largest principal
amount of bonds. If two or more bids are for the same amount of bonds I
preference in award will be given to the bid resulting in the lowest net interest
cost. The lowest net interest cost will be determined I after excluding the bid
Page 9
of the United States of America I by deducting the total amount of any premium
bid from the amount of interest from July I, 1969, until their respective maturities.
Any bonds not awarded pursuant to the provisions of this Notice of Sale will be
awarded to the United States of America, Economic Development Administration.
The City reserves the right to reject any and all bids and to waive
any irregularity or infonnality.
The succes sful bidder will be furnished, without cost , the executed
bonds accompanied by the unqualified legal opin ion of Smrth , Williams I Friday
& Bowen, 1100 Boyle Buildfnq , Little Rock/ Arkansas, bond counsel. The ex-
penses of the issue I including 1 without limitation / the printing and trueteeing
of the bonds and the fee of bond counsel, upon whose approving opinion the
bonds will be i s sued , will be paid by the City.
The Trustee and Paying Agent will be Worthen Bank & Trust Company,
Little Rock, Arkansas.
For further Informat ion , address the unders icned , or Smith I Williams,
Friday & Bowen, 1100 Boyle Building, Little Rock, Arkansas 72201.

Page 10
Section 4. That the bonds shall be executed on behalf of the City
by the Mayor and City Clerk and shall have impressed thereon the seal of the
City. The bonds may be executed by the facsimile signature of the Mayor and
the interest coupons attached to the bonds may be executed by the facsimile
signature of the Mayor. Any facsimile signature of the Mayor shall have the
same force and effect as if personally signed by him. The bonds must be exe-
cuted by the manual signature of the City Clerk. The bonds, together with
interest thereon, shall be payable solely out of the 1969 Watenvorks and Sewer
Revenue Bond Fund, as hereafter set forth, and shall be a valid claim of the
holders thereof only against such fund and the revenues pledged to such fund,
, which revenues are hereby pledged and mortgaged for the equal and ratable
payment of the bonds I and shall be used for no other purpose than to pay the
principal of and interest on the bonds I except as otherwise specifically pro-
vided in this Ordinance. The bonds and and interest thereon shall not constitute
an indebtedness of the City within any constitutional or statutory limitation,
and the bonds are is sued on a parity as to lien, pledge and security.
Section 5. That the coupon bonds and coupons shall be in substantially
the following form, and the Mayor and City Clerk are hereby expressly authorized
and directed to make all recitals contained therein (in the event a purchaser
elected to receive a single fully registered bond initially, the form will be
appropriately varied to accommodate that type bond I but the substance of the
contents will be the same and such variations are hereby expressly authorized:
UNITED STATESOF AMERICA
STATEOF ARKi'\NSAS
COUNTY OF BA.XTER
CITY OF MOUNTAIN HOME r ARKANSAS,
% WATERWORKSAND SEWERREFUNDING AND CONSTRUCTION
-- REVENUEBONDS SERIES 1
No. _ $_----
KNOW ALL MEN BYTHESE PRESENTS:
That the City of Mountain Home I in the County of Baxter and State of
Arkansas, acknowledges itself to owe I and for value received, hereby promises
. to pay to bearer, or if this bond be registered, to the registered owner hereof,
solely from the special fund provided as hereafter set forth, the principal sum of
__________________ DOLLARS
in lawful money of the United States of America on the first day of July, 19_
and to pay solely from said special fund interest hereon at the rate of
__________ per cent (~ __ %) per annum from date, semiannually on
January -1and July 1 of each year, commencing January I, 1970, upon presentation
and surrender of the annexed coupons as they severally become due. Payment of
principal, when registered as to prtnctpal , and payment of interest, when registered
as to interest, shall be by check or draft mailed to the registered owner at his
address reflected on the registration book of the City. Payment of principal, when
payable to bearer, and payment of interest when evidenced by coupons, shall be
payable at the princtpal office of Worthen Bank & Trust Company, Little Rock,
Arkansas (the "Trustee" and the "Paying Agent").
This bond is one of an issue of

------------------
"-- ) revenue bonds I aggregating _
_________ Dollars ($ ,) r dated July I, 1969, all of like tenor
and effect except as to number, rate of intere st , denomination, maturity and right
of prior redemption (the "bonds ") I and is sued for the purpose of financing a portion
of the costs of refunding all of the outstanding bonds of an issue of Water and
Sewer Revenue Bonds I dated July I, 1950, and an issue of Waterworks and Sewer
Revenue Bonds, dated September 1, 1960, and constructing extensions, betterments
and improvements (the" improvements ") to the water and sewer facilities of the
City (which facilities are operated as an inter-related munfc ipa l undertaking and
Page 12
which are herein referred to as the "System") I costs of authorizing and issuing
the bonds and providing a debt service reserve.
The bonds are issued pursuant to and in full compliance with the
Constitution and laws of the State of Arkansas I including particularly Act No.
131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of
Arkansas of 1933 1 as amended, Act No. 297 of the Acts of Arkansas of 1937 I as
amended 1 and applicable decisions of the Supreme Court of the State of Arkansas,
including particularly City of Harrison v. BraswelL 209 Ark. 1094, 194 S.W.2d
12 (1946), and pursuant to the Authorizing Ordinance. The bonds do not con-
stitute an indebtedness of the City within any constitutional or statutory limitation.
The bonds are not general obligations of the City, but are special obligations
payable solely from revenues of the System. The bonds are issued on a parity
as to lien, pledge and security with an is sue of Waterworks and Sewer Refunding
and Construction Revenue Bonds 1 Series _I dated July 11 1969. An amount of
System revenues sufficient to pay the principal of and interest on the bonds is to
be set aside in a special fund for that purpose identified as "1969 Vlaterworks and
Sewer Revenue Bond Fund ("Bond Fund "), created by Ordinance No. I duly
adopted by the City Council and approved on the day of r 1969
(the "Authorizing Ordinance") under which the bond s are authorized to be issued
and to which reference may be had by any interested person for a statement of
the nature and extent of the security and the rights and obligations of the City r
the Trustee, the holders and registered owners of the bonds. ~The City has fixed
and has covenanted and agreed to maintain rates for water and sewer services
which shall be sufficient at all times to at least provide for the payment of the
reasonable expenses of operation and maintenance of the System, provide for the
payment, principal and interest, of all bonds to which payments must be made to
satisfy pledges of System revenues I including specifically the bonds 1 and make the
required payment into the Depreciation Fund.

Page 13
(Insert appropriate redemption provisions.)
Notice of the call for redemption shall be published one time in a
newspaper published in the City of Little Rock , Arkansas I and having a general
circulation throughout the State of Arkansas r giving the number and maturity of
each bond being called/ the publication to be at least fifteen (15) days prior to
the redemption date and after the date fixed for redemption each bond so called
shall cease to bear intere st , provided funds for its payment are on deposit with
the Paying Agent at that time. In addition I notice shall be given by first clas s
mail to the registered owner of any bond registered as to principal and interest at
the address of such owner reflected on the books of the Bond Registrar and if all
outstanding bonds shall be registered as to principal and interest, then notice
by first class mail to the registered owners thereof as aforesaid shall be sufficient
and it shall not be necessary to publish notice of the redemption.
This bond may be registered as to both principal and interest and may
be discharged from such registration in the manner I with the effect and subject
to the terms and conditions endorsed hereon. Subject to the provisions of
registration endorsed hereon, nothing contained in this bond or in the Authorizing
Ordinance shall affect or impair the negotiability of this bond and this bond shall
be deemed a negotiable instrument under the laws of the State of Arkansas and
is is sued with the intent that the laws of the State of Arkansas will govern its
construction.
IT IS HEREBYCERTIFIED, RECITEDAND DECLAREDthat all acts I conditions
and things required to exist, happen and to be performed precedent to and in the
is suance of this bond, have existed, have happened and have been performed in
due time r form and manner I as required by law; that the indebtednes s represented
by the bonds of this issue does not exceed any constitutional or statutory limitation;
Page 14
and that sufficient revenues have been pledged to and will be set aside into the
Bond Fund for the payment of the principal of and interest on the bonds of this issue.
This bond shall not be valid until the Certificate of Authentication hereon
shall have been signed by the Trustee.
IN WITNESS WHEREOF the City of Mountain Home, Arkansas

I I by its
City Council, has caused this bond to be Signed by the Mayor and City Clerk thereof
(with either the manual or facsimile signature of the Mayor, but with the manual
signature of the City Clerk) and sealed with the seal of the City I and has caused
the interest coupons attached to be signed by the facsimile signature of the Mayor I
all as of the first day of July I 1969.

ATTEST:
By (Facsimile signature)
Mayor
City Clerk
(SEAL)
Page 15
(Form of Coupon)
$ $_---
January I
On the first day of July r 19_, the City of Mountain Home 1 Baxter
County, Arkansas 1 unless the bond to which this coupon is attached is paid
prior there to , hereby promises to pay to bearer solely out of the fund specified
in the bond to which this coupon is attached
__________________ DOLLARS
in lawful money of the United States of America r at the office of Worthen Bank &
Trust Company, Little Rock, Arkansas, being six (6) months interest then due on
its Watervvorks and Sewer Refunding and Construction Revenue Bonds 1 Series_I
dated July I, 1969, and numbered.
CITY OF MOUNTAIN HOME r ARKANSAS
By: (Facsimile signature)

Mayor
On each bond shall appear the following:
CERTIFICATEOF AUTHENTICATION
This bond is one of the bonds of the issue of Waterworks and Sewer
Refunding and Construction Revenue Bonds, Series _, dated July I, 1969, de-
scribed in the bond to which this Certificate is attached.
WORTHEN BANK& TRUST COMPANY

By: _
Page 16
PROVISIONS FOR REGISTRATION AND RECONVERSION
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 I which shall make mention of such
registration in the registration blank below r and this bond may thereafter be trans-
ferred only upon an assignment duly executed by the registered owner or his attor-
ney or legal representative in such form as shall be satisfactory to the bond regis-
trar r such transfer to be made on such books and endorsed hereon by the bond
registrar. Such transfer may be to bearer r and thereafter transferability by de-
livery shall be restored, but this bond shall again be subject to successive regis-
trations and transfers as before. The principal of this bond, if registered, unless
registered to bearer, shall be payable only to or upon the order of the registered
owner or his legal representative. Interest accruing on this bond will be paid
only on presentation and surrender of the attached interest coupons as they re-
spectively become due I and notwithstanding the registration of this bond as to
principal r 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 r or at any time thereafter while this bond is registered in the-name
of the owner I the unmatured coupons attached evidencing interest to be thereafter
paid hereon shall be surrendered to said bond registrar,a statement to that effect
will be endorsed hereon by the bond re qi.strar and thereafter interest evidenced by
such surrendered coupons will be paid by check or draft of the bond registrar at
the times provided herein to the registered owner of this bond by mail to the
address shown on the registration books. This bond when so converted 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. Upon such reconversion the coupons representing
Page 17
the interest to become due thereafter to the date of maturity will again be at-
tached to this bond and a statement will be endorsed hereon by the bond regis-
trar in the registration blank below whether it is then registered as to principal
or payable to bearer.
Manner of Signature of
Date of Registration: Name of Registered Owner: Reqistration: Bond Registrar
Page 18
Section ·6. That the present rates charged for water and sewer
services furnished by the System heretofore fixed by Ordinance of the City
Council and the conditions I rights and obligations pertaining thereto I as set
out in said Ordinance are hereby rat ifi ed , confirmed and continued.
The City covenants and agrees that the rates shall never be reduced.
while any of the bonds are outstanding unless there is obtained from an independent
certified public accountant a certificate that the net revenues of the System (net
revenues being defined as gross revenues les s the expenses of operation and
maintenance or the Sys tern , including all expense items properly attributable to
the operation and maintenance of the System under generally accepted accounting
principles applicable to municipal water and sewer facilities) I with the reduced
rates I will always be equal to the amount required to be set aside for the
Depreciation Fund and leave a balance equal to at least 150% of the aggregate
average annual principal and interest requirements on the bonds of this is sue and
the bonds of any subsequent parity. issue. The City further covenants and agrees
that the rates shall I if and when neces sary from time to time I be increased in
such manner as will produce net revenues at least sufficient to provide the re-
quired deposit into the Depreciation Fund and leave a balance equal to the amount
necessary for paying principal and interest when due of all outstanding bonds
and maintain all funds in connection with all outstanding bonds I to which
System revenues are pledqed , to the required levels.
Section 7. That none of the facilities or services afforded by the
System shall be furnished without a charge being made therefor. In the event
that the City or any department, agency or instrumentality thereof shall avail
itself of the facilities and services afforded by the System, the reasonable value
of the services or facilities so afforded shall be charged against the City or such
department t agency or instrumentality and shall be paid for as the charges therefor
accrue. The revenue so received shall be deemed to be revenues derived from

:;;-77
Page 19
the operation of said System; provided f however; that nothing herein shall be
_construed as requiring the City or any department, agency or instrumentality
thereof to avail itself of the facilities or services afforded by the System,'
Section 8. That the Treasurer of the City shall be custodian of the
gross revenues derived from the operation of the System and shall give bond for
the faithful discharge of his duties as such custodian. The amount of the bond
shall at all times be at least equal to the total funds in his custody at anyone
time, and the bond shall be approved by the City Council and by the Trustee.
From and after the delivery of any bonds issued under the provisions of this
Ordinance, the System shall be continuously operated as a revenue-producing
undertaking. All moneys received by the Treasurer shall be de pos rted by him in
such depository or depositories for the City as may be lawfully designated from
time to time by the City Council; subject, however, to the giving of security as
now or hereafter may be required by law I and provided that such depository or
depositories shall hold membership in the Federal Deposit Insurance Corporat ion ,
All funds specified in this Ordinance shall be in the name of the -City and all
deposits shall be designated as to indicate the particular fund to which the
revenues belong and all funds shall be maintained in a bank or banks selected
by the City / each of which must hold membership in the Federal Deposit Insurance
Corporation. Any deposit in excess of the amount insured by the Federal Deposit
Insurance Corporation shall be secured by bonds or other direct or fully guaranteed
obligations of the United States of America.

Page 20
Section 9. Waterworks and Sewer Fund. All revenues derived from
the operation of the System shall be paid into a special fund, which is hereby
created and designated "Waterworks and Sewer Fund. 11 The revenues in the
Waterworks and Sewer Fund
Section 10. Waterworks and Sewer Operation and Maintenance Fund.
There shall be paid from the Waterworks and Sewer Fund into a fund which is
hereby created and designated "Waterworks and Sewer Operation and Maintenance
Fund" ("Operation and Maintenance Fund") I on the first business day of each month
an amount sufficient to pay the reasonable and ne:GE~s~?c:
Fixed annual charges such
as insurance premiums and the cost of maj or repair and maintenance expenses
may be computed and set up on an annual basis I and one-twelfth (1/12) of the
amount thereof may be paid into the Operation and Maintenance Fund each month.
If in any month for any reason there shall be a failure to transfer and
pay the required amount into the Operation and Maintenance Fund r the amount of
the deficiency shall be added to the amount otherwise required to be transferred
and paid into the fund the next succeeding month. If in any fiscal year a surplus
shall be accumulated in the Operation and Maintenance Fund over and above the
amount which shall be necessary to defray the reasonable and necessary costs
of operation, repair, maintenance and insuring of the System during the remainder
of the then current fiscal year and the next ensuing fiscal year I such surplus may
be transferred and deposited in the 1969 Waterworks and Sewer Revenue Bond Fund
(hereinafter created) or in the Depreciation Fund (hereinafter created) as the City
may designate; provided, however, that any such transfers shall be in addition to
all other payments required to be made into said Funds.

Page 21
Section -11. 1969 Watenvorks and Sewer Revenue Bond Fund.
(a) After making the monthly deposit in the Operation and Maintenance Fund ,
there shall be transferred from the Watervvorks and Sewer Fund into a special
fund which is hereby created and designated 1!19§9 Watervvorks and Sewer Revenue
Bond Fund" (the "Bond Fund ll

) the sums in the amounts and at the times herein-
after stated in Subsection (b) for the purpose of providing funds for the payment
of the principal of and interest on the bonds I and the Paying Agent's fees / as
they mature / and a s a debt service reserve. The Series A Bonds maturity schedule
is as follows and the Series B Bonds schedule will be set forth in the Resolution
to be adopted after the sale of the Series B Bonds:

INTEREST
YEAR PRINCIPAL BOND NOS. JANUARY1 JULY 1 TOTAL
(July 1)
1970 $ 6/500 lA - 7A $ 4/545 $ 4/545 $ 15/590
1971 7/000 8A - 14..~ 4,350 4/350 15,700
1972 7,000 15A - 21A 4,140 4/140 15 2801
1973 8,000 22A - 29A 3/930 3/930 15~860

1974 8/000 30A - 37A 3/690 3,690 15,380
1975 9,000 38A - 46A 3/450 3,450 15/900
1976 9{000 47A - -55A 3/180 3{180 15/360
1977 10,000 56A - 65A 2,910 2/910 15,820
1978 11, 000 66A - 76A 2,610 2/610 16/220
1979 11,000 77A - 87A 2,280 2,280 15/560
1980 12,000 88A - 99A 1,950 1,950 15/900
1981 12,000 100A - lIlA 1/590 1,590 15,180
1982 13,000 112A - 124A 1,230 1 230
1 15,460
1983 14,000 125A - 138A 840 840 15,680
1984 14,000 139A - 152A 420 420 14[840
Page 22
(b) There shall be paid into the Bond Fund on the first business
day of each month until all outstanding bonds of this issue with interest thereon
have been paid in full or provision made for such payment, a sum equal to one-
fifth (1/5) of the next installment of interest and one-tenth (1/10) of the next
installment of principal (plus any additional amount that may be necessary I
together with accrued interest received at the time of the delivery of the bonds
to fully provide for the first interest payment on the bonds I if any additional
amount be required) and an amount sufficient to provide for the Paying Agent's
fees I on all outstanding bonds I until a debt service reserve shall have been
accumulated in the amount of $36 t 000. When the debt servrce reserve has
been accumulated in the required amount, the monthly payments into the Bond
Fund may be reduced to one- sixth (1/6) of the next installment of interest
and one-twelfth (1/12) of the next installment of principal, respectively rand
an amount sufficient to provide for the Paying Agent's fees r but if the debt
service reserve becomes Impaired , the payments of one-fifth (1/5) and one-tenth
(1/10) r respective / and an amount sufficient for the Paying Agent's fees, shall
be resumed until the impairment is cured. References to installments of
principal and to installments of interest mean the combined installments for
the Series A Bonds and the Series B Bonds .
.(6) If the revenues of the System are insufficient to make the required
payment on the first business day of the following month into the Bond Fund 1
then the amount of any such deficiency in the payment made shall be added
to the amount otherwise required to be paid into the Bond Fund on the first
business day of the next month.
(d) If for any reason there shall be a deficiency in the payments
made into the Bond Fund so that there are unavailable sufficient moneys therein
to pay the principal of , interest on and Paying Agent's fees in connection with
the bonds as the same become due r any sums then held in the debt service re-
serve shall be used to the extent necessary to pay the principal of I interest on
Page 23
and Paying Agent's fees in connection with the bonds I but such reserve shall
be used to the extent necessary to pay the principal of , interest on and Paying
Agent's fees in connection with the bonds I but such reserve shall be reimbursed
in the amount of any such payment as above provided. The debt service reserve
shall be used solely as herein provided , but the moneys therein may be invested
as subsequently provided in this Ordinance.
(e) When the moneys held in the Bond Fund 1 including the debt
service reserve I shall be and remain sufficient to pay the principal of and
interest on all the bonds then outstanding and the Paying Agent's fees r there
shall be no obligation to make any further payments into the Bond Fund.
(f) All moneys in the Bond Fund shall be used solely for the purpose
of paying the principal of and interest on the bonds of this issue and the
Paying Agent's fees I except as herein specifically provided. If a surplus
shall exist in the Bond Fund over and above the amount required for making
all principal and Intere st payment_s when due and paying the Paying Agent's
fees and over and above the debt service reserve 1 such surplus may be applied
only to the payment of the principal of and interest on any bonds that may be
called for redemption prior to maturity or for the construction of extensions I
betterments and improvements to the System.
(g) There shall be withdrawn from the Bond Fund at least ten (10)
days before the due date of any bond or interest coupon issued hereunder I at
maturity or redemption prior to maturity 1 and de pos Ited with the Paying Agent
an amount equal to the amount of such bond or coupon for the sole purpose of
paying the same I together with the Paying Agent s feesI I and no withdrawal of
funds from the Bond Fund shall be made for any other purpose except as othervvise
authorized in this Ordinance. Such deposit shall be at the sole risk of the City
and shall not opera.te as a payment of the bonds or coupons until so applied.
Page 24
(h) The bonds of this issue shall be specifically secured by a pledge
of all the revenues required to be placed into the Bond Fund. The pledge in favor
of the bonds is hereby Lrrevocably made according to the terms of this Ordinance /
and the City and its officers and employees shall execute f perform and carry
out the terms thereof in strict conformity with the provisions of this Ordinance.
Section 12. Waterworks and Sewer Depreciation Fund. After making
the required payments into the Operation and Maintenance Fund I and making the
payment? into the Bond Fund, there shall be paid from the Waterworks and Sewer
Fund into a fund designated "Waterworks and Sewer Depreciation Fund" ("Depreciation
Fund") on the first business day of each month while any of the bonds of this issue
are outstanding, 3% of the gross revenues of the System.
In addrtton ,
moneys in the Depreciation Fund may be used at any time to the extent necessary
to prevent a default in the payment of the principal and interest on the bonds as
the same become due I provided there are no other available funds.
Page 25
If in any fiscal year a surplus shall be accumulated in the
Depreciation Fund over and above the amount which shall be necessary to
cover replacement costs during the next twelve months 1 such surplus may be
transferred to the Bond Fund; provided, however that such payments into the
Bond Fund shall be in addition to all other payments required to be made into
said Fund.
Section the Waterworks and Sewer

Page 26
on a parity with the outstanding bonds of this issue unless and until there
ha-s been procured and filed with the Trustee a statement by an independent
certified public accountant not in the regular employ of the City reciting the
opinion based upon necessary investigation that the average of the annual
net revenues of the System for the two fi s cal years immediately preceding
the fiscal year in which it is proposed to issue such additional bonds, as
increased by the additional revenues to be received for the next twelve (12)
months from which any adopted rate increase (which increase is to be estimated
by an engineer or public accountant flat in the regular employ of the City) shall
equal not less than 150% of the maximum annual principal and interest require-
ments on all of the then outstanding bonds and the additional bonds then
proposed to be issued. The term "net revenues, II as used in this Section,
shall mean gross revenues of the System less the amount required to pay the
cost of operation, maintenance and repair of the System.
Section 16. That it is covenanted and agreed by the City with the
holders and registered owners of the bonds I or any of them, that the City
will faithfully and punctually perform all duties with reference to the System
required by the Constitution and laws of the State of Arkansas, including the
charging and collecting of reasonable and sufficient rates, as herein specified I
lawfully established for services rendered by the System, the segregating of
the revenues of the System as herein required and the applying of said revenues
to the respective funds herein created and referred to.
Section 17. That the bonds authorized hereby and issued hereunder
shall be subject to redemption prior to maturity in accordance with the following
terms.
The Series A Bonds will be callable for payment prior to maturity, in
whole or in part, in inverse numerical order, from funds from any source on any
interest payment date at a price of par and accrued interest.

Page 27
The Series B Bonds will be callable for payment prior to maturity I
in whole or in part, in inverse numerical order, from funds from any source on
any interest payment date on and after July 1 r 1979, upon not less than thirty
(30) days notice at a price of par and accrued interest 1 plus a premium of the
principal being redeemed as follows:
4% if redeemed July I, 1979 or January I, 1980;

3-1/,2% if redeemed July 1, 1980 or January 1/ 1981;
3% if redeemed July I, 1981 or January 1/ 1982;
2-1/2% if redeemed July I, 1982 or January I, 1983;
2% if redeemed July 1, 1983 or January 1, 1984;
1-1/2% if redeemed July 1, 1984 or January I, 1985;
1% if redeemed July 1r 1985 or January I, 1986;
1/2% if redeemed July 1, 1986 or January 1, 1987;
No premium after January 1/ 1987.
The redemption rights as between the Series A Bonds and Series B
Bonds are independent so that there is no obligation to call any bonds of one
series because bonds of the other series are being called.
Section 17. That the City will keep proper books of accounts and
records (separate from all other records and accounts) in which complete and
correct entries shall be made of all transactions relating to the operation of
the System, and such books shall be available for inspection by the holder
of any of the bonds at reasonable times and under reasonable circumstances.
The City agrees to have these records audited by an independent certified
public accountant at least once each year t and a copy of the audit shall be
delivered to the Trustee and made available to interested holders and
registered owners. In the event the City fails or refuses to make the audit,
the Trustee r or any holder and registered owner of the bonds may have the
audit made r and the cost thereof shall be charged against the Operation and
Maintenance Fund.
Section 18. That the City covenants and agrees that it will
maintain the System in good condition and operate the same in an efficient
manner and at reasonable cost. While any bonds authorized hereby are out-
standing r the City agrees that it will insure and at all times keep insured,
Page 28
in the amount of the actual value thereof I in a responsible insurance company
or companies authorized and qualified under the laws of the State of Arkansas
to assume the risk thereof, properties of the System, to the extent that such
properties would be covered by insurance by private companies engaged in
similar type of businesses (but in any event in such amounts as wiil avoid
co-insurance responsibilities) I against loss or damage thereto from fire and
other perils included in extended coverage insurance in effect in Arkansas.
The insurance policies are to be taken with companies approved by the
Trustee r are to carry a clause making them payable to the Trustee as its
interest may appear, and are either to be placed in the custody of the Trustee
or satisfactory evidence of said insurance shall be filed with the Trustee ~
In the event of loss, the proceeds of such insurance shall be appl ied
solely toward the reconstructron , replacement or repair of the System, and
in such event the City wfl l , with reasonable promptness I cause to be com-
menced and completed the re constructfon , replacement and repair work. If
such proceeds are more than sufftcrent for such purposes I the balance re-
maining shall be deposited to the credit of the Waterworks and Sewer Fund
and if such proceeds shall be insufficient for such purposes, the deficiency
shall be supplied, first, from moneys in the DJi:E~~~~iationFund, and second,
from moneys in the Operation and Maintenance Fund, and third, from surplus
~
moneys in the Waterworks

~--!~
and Sewer Fund. •
Nothing herein shall be construed
as requiring the City to expend any funds for operation and maintenance of
the System or for premiums on its insurance which are derived from sources
other than the operation of the Syst em , but nothing herein shall be construed
as preventing the City from doing so.
Section 19. That the City covenants and agrees that so long as any
bonds authorrz ed hereby are outstanding I that it will not mortgage, pledge or
otherwise encumber the System, or any part thereof or any revenues derived
Page 29
from the operation there of , except as herein specifically provided I and will
not sell; lease or otherwise dispose of any substantial portion of the same.
Section 2O. That the owner or owners of all improved property lying
within the area that will be served by the sewer facilities I after the proposed
extensions I ~etterments and improvements have been completed I are hereby
directed and required, upon written request from the City 1 to connect all toilet
and waste water facilities of such improved property with the sewer facilities;
and the owners of property that is improved after the completion of the proposed'
extensions I betterments and improvements to the sewer facilities shall I upon
written request of the City r immediately connect the toilet and waste water
facilities of such property with the sewer facilities. The required notice by the
City shall be given at least thirty (30) days prior to the final date for connection I
and if any property owner shall fail to make such connection after having been so
requested in writing r the City hereby covenants and agrees to institute appropriate
proceedings in a court of competent jurisdiction to compel such connection.
Furthermore r any property owner who fails or refuses to connect his improved
property with the sewer facilities after having been so requested by the City
shall be guilty of a misdemeanor and upon conviction shall be fined in any
sum not less than $2.00 and not more than $10.00, and each days failure or
refusal after the expiration of the time fixed in the notice to make the con-
nection shall be a separate offense; provided, however; that the provisions
hereof pertaining to a misdemeanor shall be effective only in the event that the
City Health Officer, or other duly designated individual or Board has found and
declared that such failure on the part of any particular property owner constitutes
a hazard to the public health and safety of the City and its inhabitants.
Page 30
Section 21. (a) That the City covenants and agrees that the
holders, and registered owners of the bonds of this issue shall have the
protection of all the provisions of Act No. 131 of 1933, as amended, Act No.
132 of 1933/ as amended, and Act No. 297 of 1937 I as amended, and that
the City will diligently proceed to enforce those provisions to the end of the
bondholders realizing fully upon their security. And, if the City shall fail
to proceed within thirty (30) days after written request shall have been filed
by the Trustee I the Trustee may, and upon the written request of the holders
of not less than ten per cent (10%) in principal amount of the bonds of this
issue then outstanding sha ll , proceed to enforce all such provisions.

Page 31
(b) That if there be any defa ult in the pa yment of the principal of or
interest on any of the bonds of this issue, or if the City defaults in any Bond
Fund requirements or in the performance of any of the other covenants contained
and set forth in this ordinance, the Trustee may, and upon the written request
of the holders of not les s than ten per cent (10%) in principal amount of the
bonds of this issue then outstanding shall, by proper suit compel the performance
of the duties of the officials of the City under the laws of Arkansa s. And, in the
case of a default in the payment of the principal of and interest on any of the
outstanding bonds of this issue, the Trustee may,' and upon the written request
of holders of not les s than ten per cent (10%) in principal amount of the bonds
of this issue then outstanding shall, apply in a proper action to a court of
competent jurisdiction for the appointment of a receiver to administer the System
on behalf of the City and the bondholders and registered owners with power to
charge and collect (or by mandatory injunction or otherwise to cause to be
charged and collected) rates sufficient to provide for the payment of the expenses
of operation, repair and maintenance and to pay any bonds and interest outstand-
ing and to apply the revenue in conformity with the laws of Arkansas and with
I
this ordinance. When all defaults in principal and interest payments have been
cured, the custody and operation of the System shall revert to the City.
(c) No holder of any of the outstanding bonds of this issue shall have
any right to institute any suit, action, mandamus or other proceeding in equity
or in law for the protection or enforcement of any right under this ordinance or
under the laws of Arkansas unless such holder previously shall have given to
the Trustee written notice of the default on account of which such suit, action
or proceeding is to be taken, and unless the holders of not less than ten per
cent (10%) in principal amount of the bonds of this issue then outstanding shall
have made written request of the Trustee after the right to exercise such powers
or right of action, as the case may be, shall have accrued, and shall have
Page 32
afforded the Trustee a reasonable opportunity either to proceed to exercise the
powers herein granted or granted by the laws of Arkansas, or to institute such
action, suit or proceeding in its name, and unless, also, there shall have been
offered to the Trustee reasonable security and indemnity against the costs,
expenses and liabilities to be incurred therein or thereby and the Trustee shall
have refused or neglected to comply with such request within a reasonable time,
and such notification, request and offer of indemnity are hereby declared in
every such case, at the option of the Trustee, to be conditions precedent to the
execution of the powers and trusts of this ordinance or to any other remedy here-
under. It is understood and intended that no one or more holders or registered
owners of the bonds hereby secured shall ha ve any right in any manner whatever
by his or their action to affect, disturb or prejudice the security of this ordinance,
or to enforce any right hereunder except in the manner herein provided, that all
proceedings at law or in equity shall be instituted 1 had and maintained in the
manner herein provided and for the benefit of all holders of the outstanding bonds
and coupons, and that any individual rights of action or other right given to one
or more of such holders by law are restricted by this ordinance to the rights and
remedies herein provided.
(d) That all rights of action under this ordinance or under any of the
bonds secured hereby, enforceable by the Trustee, may be enforced by it without
the pos ses s iori of any of the bonds or coupons appertaining thereto, and any
such suit, action or preceeding instituted by the Trustee shall be brought in its
name for the benefit of all the holders of such bonds and coupons, subject to the
provisions of this ordinance.
(e) That no remedy herein conferred upon or reserved to the Trustee
or to the holders and registered owners of the bonds is intended to be exclusive
of any other remedy or remedies herein provided, and each and avery such remedy
Page 33
shall be cumulative and shall be in addition to every other remedy given here-
under or given by any other law.
(f) That no delay or omission of the Trustee or of any holders or
registered owners of the bonds to exercise any right or power accrued upon any
default shall impair any such right or power or shall be construed to be a waiver
of any default or an acquiescence therein; and every power and- remedy given by
this ordinance to the Trustee and to the holders and registered owners of the bonds,
respectively, may be exercised from time to time and as often as may be deemed
expedient.
(g) That the Trustee may, and upon the written request of the holders
and registered owners of not less than ten per cent (10%) in principal amount of
the bonds of this issue then outstanding shall, waive any default which shall
have been remedied before the entry of final judgment or decree in any suit,
action or proceeding instituted under the provisions of this ordinance or before
the completion of the enforcement of any other remedy, but no such waiver shall
extend to or affect any other existing or any subsequent default or defaults or
impair any rights or remedies consequent thereon.
Section 22. That when the bonds have been executed and the seal
of the City impressed as herein provided, they shall be delivered to the Trustee
and the Trustee shall authenticate them and deliver them to the purchaser upon
payment in cash of the purchase price plus accrued interest from July 1/ 1969 to
the date of delivery ("total sale proceeds "). The Trustee shall handle the total
sale proceeds as follows:
(a) The Trustee shall deposit the amount of the accrued interest in the
Bond Fund.
Page 34
(b) The amount necessary to accomplish the refunding of the out-
standing bonds being refunded hereby shall be withdrawn from the total sale pro-
ceeds and utilized for that purpose either by depositing the same in a trust or
escrow fund to be held and used for the purpose or by investing the same in law-
ful investments maturing or subject to redemption prior to maturity at such times
as to make available on the redemption date the amount necessary to accomplish
the refunding on that date, as shall be specified in a letter of instructions to be
delivered to the Trustee at the time of closing;
(c) The balance of the total sale proceeds shall be paid into a
special account of the City which is hereby created and designated "1969 Water-
works and Sewer Construction Fund" (sometimes called "Construction Fund ").
The Construction Fund shall be maintained in a depository or depositories designated
by the City Council holding membership in the Federal Deposit Insurance Corpora-
tion, The moneys in the Construction Fund in excess of the amount insured by the
Federal Deposit Insurance Corporation shall be continuously secured by bonds or
other direct or fully guaranteed obligations of the United States of America or shall
be invested as hereafter authorized. The moneys in the Construction Fund shall be
disbursed by check or requisition for the payment of the costs of accomplishing
the improvements, paying necessary expenses and making necessary expenditures
incidental thereto, paying engineering fees, paying legal fees I paying the expenses
of the authorization and issuance of the bonds and paying any interim financing
indebtedness of the City heretofore incurred for paying such costs. Each dis-
bursement shall be supported by the following information:
(1) The name of the person, firm or corporation to

whom payment is due;
(2) The amount to be paid; and
(3) The purpose by general classification for which the

obligation to be paid was incurred.
In the case of all expenses over which the consulting engineers
shall exercise supervision (which generally shall include all expenses and
expenditures except engineering fees r legal fees I expenses pertaining to the

Page 35
authorization and issuance of the bonds and incidental expenses not directly
related to the construction} I each disbursement shall be accompanied by a
certificate signed by a duly authorized representative of the consulting engineer
certifying approval thereof. The City shall cause each depository of the Con-
struction Fund to execute an appropriate agreement whereby it accepts the
provisions of this Ordinance pertaining to the Construction Fund.
When the improvements have been completed and all authorized
expenditures from the Construction Fund have been made I if there by any re-
maining balance in the Construction Fundi the City Treasurer and one person
occupying a managerial position with the System shall file a certificate with
the depository of the Construction Fund with a copy of the certificate to be filed
with the Trustee I stating that the improvements have been accomplished and that
all authorized expenditures have been made and specifying the disposition to be
made of the remaining balance in the Construction Fund. In this re qard , any such
remaining balance may be used for redeeming bonds of either series prior to
maturity or may be transferred to the Waterworks and Sewer Revenue Fund I as
shall be determined by the City Council. Upon the receipt of the certificate I the
depository of the Construction Fund shall transfer or disburse the remaining balance
as directed in the certificate.
Section 23 . (a) That moneys held for the credit of the Construction
Fund which exceed the estimated disbursements on account of the project for the
next ninety (90) days sha ll , as nearly as may be practicable I be continuously
invested and reinvested by the City in direct obligations of I obligations I the
principal of and interest on which are unconditionally guaranteed by I the United
State s Government I which mature not later than the date on which such mone ys
will be needed for construction. Earnings from any such investment shall be de-
posited in the Construction Fund.
(b) Moneys held for the credit of the debt service reserve in the
Bond Fund shall be continuously invested and reinvested pursuant to the directions
of the City in direct obligations I of I or obligations the principal of and interest on

}/o
Page 36
which are unconditionally guaranteed by I the United States Government I which
shall mature I or which shall be subject to redemption by the holder thereof I at
the option of such holder I not later than ten (10) years after the date of such
investment.
(c) Moneys held for the credit of any other Fund may I at the option
of the City I be invested and reinvested by the City in direct obligations of I or
obligations the principal of and interest on which are unconditionally guaranteed
by the United States Government I which shall mature I or which shall be subject
to redemption by the holder thereof at the option of such holder I not later than
the date or dates when the moneys held for the credit of the particular fund will
be required for the purposes intended.
Cd) Obligations so purchased as an investment of moneys in any
such Fund shall be placed in the custody of the City Treasurer and shall be deemed
at all times to be a part of such Fundi and the interest accruing thereon and any
profit realized from such investment shall be credited to such Fundi and any loss
resulting from such investment shall be charged to such Fund; provide d , however I
that any profit realized from investment of the debt service reserve which increases
the debt service reserve to an amount in excess of the required reserve may be
transferred into the Bond Fund.
(e) Moneys so invested in United States Government obligations I as
above defined I need not be secured by the depository bank.
Section 24.. That in the event the office of Mayor I City Clerk , City
Treasurer or City Council shall be abolf.she d , or any two or more of such offices
shall be merged or consolfdated , or in the event the duties of a particular office
shall be transferred to another office or officer, or in the event of a vacancy
in any such office by reason of death , resignation, removal from office or other-
wi se 1 or in the event any such officer shall become incapable of performing the
duties of his office by reason of sickness 1 absence from the City or otherwise I
all powers conferred and all obligations and duties imposed upon such office or
Page 37
officer shall be performed by the office or officer succeeding to the principal
functions thereof I or by the office or officer upon whom such powers, obli-
gations· and duties shall be imposed by law.
§ection 25 . That the crovi s! oris of this Ordinance shall constitute a
binding contract betvveen the Crty and the holders and registered owners of the
outstand tno bonds and coupons issued hereunder I and the City will at all ti:nes
strictly adhere to the terms and prov.is ion s h ere of and fully discharge all of its
col.igatio!!s hereunder . Subject to the terms a.id provisions contained in this
se ctfcn and not otherwi se I the holders of not less than seventy-five per cent
(75%) in aggregate principal amount of the bonds then outstanding shall have
the right, from time to time I anything contained in this Ordinance to the contrary
notwithstanding I to ccusent to and approve the adoption by the City of such
-ordinance supplemental hereto as shall be necessary or desirable for the purpose-
of modifying r altering r amending, adding to or rescinding I in any supplemental
ordinance; provided I however I that nothing herein contained shall permit or be
oons trued as permitting (a) an extension of the meturity of the principal of or the
interest on any bond, or .(b) a reduction in the principal amount of any bond or
the rate of interest, or (c) the creation of a lien upon or a pledge of revenues
.-
other than as expressly authorized by +he appropriate provisions of this Ordinance
as now adopted I or (d) the creation of a privilege or priority of any bond or bonds
over any other bond or bonds 4' or (e) a reduction in the aggregate principal amount
of the bonds required for consent to such supplemental ordinance.

J
Section 26. That the Mayor is hereby directed to publish for one
insertion in a newspaper published in the City and of general circulation therein,
this Ordinance I to which shall be attached a Notice signed by him in substantially
the following form:

NOTICE
Notice is hereby given that the City Council of the City of
Mountain Home Arkansas

I I has adopted the ordinance hereinafter set out;
that the City contemplates the issuance of the Waterworks and Sewer
Revenue Bonds described in the ordinance; that any person interested may
appear before the Council on the __ day of 1 1969 r
at o'clock, __ .m. r local time I at the usual meeting place of the
Council held in the City and present objections and suggestions. At the
hearing all objections and suggestions will be heard/ and the Council
will take such action as is deemed proper in the premises.
DATEDthis __ day of , 1969.
Mayor
7-/7
Page 39
Section 27. The Trustee shall only be responsible for the exercise of
good faith and reasonable prudence in the execution of its trust. 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 requested to do so in writing by the holders
and registered. owners of not less than ten per cent (10%) in principal amount
of the bonds of this issue then outstanding and shall have been offered reasonable
security and indemnity against the costs I expenses and liabilities to be
incurred therein or thereby. The Trustee may re s.iqn at any time by ten (10) days
notice in writing to the City Clerk and the majority in value of the holders and
registered owners of the outstanding bonds of this issue at any timer with or
without cause t may remove the Trustee. -In the event of a vacancy in the office
of Trustee, either by resignation or by removal, the majority in value of the
holders and registered owners of the outstanding bonds of this issue may appoint
a new Trustee I such appointment to be evidenced by a written instrument or
instruments filed with the City Clerk. If the majority in value of the holders
and registered owners of the outstanding bonds of this is sue shall fail to fill
a vacancy within thirty (30) days after the same shall occur r then the City shall
forthwith deSignate a new Trustee by a written instrument filed in the office of
the City Clerk. The original Trustee and any successor Trustee shall file a
written acceptance and agreement to execute the trusts imposed upon it or
them by this Ordinance, but only upon the terms and conditions set forth in
this Ordinance and subject to the provisions of this Ordinance t to all of which
the respective holders and registered owners of the bonds agree. Such written
acceptances shall be filed with the City Clerk and a copy thereof shall be
placed in the bond transcript. Any successor Trustee shall have all the powers
herein granted to the original Trustee. In the event of a change in the office of
Page 40
'I'rust.ee , the old Trustee which has resigned or been removed shall cease to be
Paying Agent. The provisions hereof pertaining to removal, resignation and
designation of successors shall be applicable to any Alternate Paying Agent.
Section 28. References in this Ordinance to "holder I" II bondholders II
or "bearer" sha ll , when appropriate I be deemed to include the registered owner
of a bond or bonds.
Section 29. That the provisions of this Ordinance are hereby declared
to be separable and if any provision shall for any reason be held illegal or
Inval id , such holding shall not affect the validity of the remainder of the
Ordinance.
Section 30. That all ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 31. That it is hereby ascertained and declared that the
improvements must be accomplished as soon as possible in order to make the
System adequate for the needs of t_he City and its inhabitants r without which the
lifer health, safety and welfare thereof are jeopardized, and that the issuance
of the bonds and the taking of the other action authorized by this Ordinance
are necessary for the accomplishment thereof. It is I therefore I declared that
an emergency exists and this Ordinance being necessary for the immediate pre-
servation of the public peace I health and safety shall take effect and be in force
-,~,--,~/
/----~
,/6 I 1969.
APPROVED:
ATTEST:
(SEAL)
CERTIFICATE
The unders Icned , City Clerk of Mountain Home, Arkansas 1 hereby
certifies that the foregoing pages, numbered 1 to# inclusive r are a true and
----- .,..
correct copy of Ordinance No.;;;r 361 passed at a t5Pe:e;../&y!2 session
of the City Council of Mountain Home; Arkansas
place of the Council in said City 1 at --,;,t;...L__

1 held at the regular meeting
o'clock ~m. I on the

--~
.-j.
dayo0~i0/ t 1969, and that the Ordinance is of record in
Ordinance Book No. -.L/_~__ I at Page ~ I in my possession.
GIVEN under my hand and seal this /k day of G~& ~k~

1969.
0Pl4~e~c~
. City Clerk
(SEAL)
ORDm.ANCE NO. 236
ORDTIlANCE AHElmmG ORDm lI.NCENO. 224
BE IT ORD.AmED BY THE CI7i OF MOUNTAIN HC)l/iE,

ARKANSAS:
Section 1. Ordinance No. 224 of the City of Mountain Home
Arkansas, is hereby amended so as to make Section 107.4 - Schedule
of Permit Fees, - of the Southern Standard Building Code, adopted by
said Ordinance, read as follows:
On all buildL~gs, structures or alterations requlrlng a

building permit, as set forth in Section 105, a fee shall be
paid as required at the time of filing application in accordance
'II/ith
the :-followi...ng
schedule:
(a) Permit fees
) le Where the valuation does not exceed $100.00 no fee

shall be required, unless an inspection is necessary, in
which case there shall be a $2.50 fee.
2. For valuations over $1000.00 there shall be a fee

of $25.00 for any new construction up to 1500 sq. ft. lli~der
roof. Second and third floors shall add to the square foot
area.
3. For any square foot area over 1500 sq. ft. and lli~der
3000 sq. ft. there shall be a fee of $25.00 plus one cent per
square foot over 1500 sq. ft.
h.. For any area over 3000 sq.. ft. there shall be a fee
of $40.00 plus one-half cent per square foot over 3000 sq. ft.
5. For alterations or additions there shall be a fee of

$2c;, 50 minimum and at a rate of $3.00 per $1000.00 value.
(b) Moving of Buildings or Structures
1. For mo~r~g any building or structure, the fee shall

be $10 ••
00.
(c) Demolition of Buildings or Structures
1. For the demolition of any buildings or structl~e, the

fee shall be $2.50.
Section 2. The invalidity of any section or provision of this
Ordinance shall not invalidate any other section or provision of this
Ordinance ••
Section 3. All Ordinances or parts of Ordinances in force at the
time that this Ordinance takes effect and inconsistent there~rith are
hereby repealed.
Section h. A state of emergency is declared to exist, and this
Ordinance shall be in full force and effect from and after its passage.
Passed:
ATTE~~ _
corder
ORDllJANCE NO. 237
AN ORDIN.4NCE MIJEI'JDTI'JG
ORDllJANCE NO. 163 "nTH REFERENCE TO ZONING
iflITHF THE CIIT LD-rrTS OF THE CITY OF HOUNTfHN HOf1m, A~KANSAS, RELATIVE
TO CFcANGllJGAREA ZONED AS INDUSTRIAL TO CQ]';1}1ERCL4LC-2.
BE IT ORDP,INED BY THE CITY COU1JCIL OF Th~ CITY OF M01:JNTA1]\J

HOJ1IE, ARKANSAS:
That proper petitions were filed by property o~mers, reques~lng a

Commi.s si.on of the City of l'IountainHome, Ar-kans as ; that notice of said
petition and a public hearing thereon was published hI a newspaper having
local circulation as reouired by Ordhiance No. 163; that a public hearing
i;fBS held; that all remonstrances ver e heard, after which the Planning
Co~~ssion recomYlended that all property described hereinafter be rezoned.
IT IS Th~REFORE, ORDAINED BY THE CITY COillJCILOF MOu~TAnJ HOfill,ARKANSAS:
1. That the follo~Qng real estate be, and is hereby changed in zoning
from industrial to co~~ercial C-2;
That part of the SEt SW% of Section 9, Township 19 North,

Range 13 West, Baxter County, Arkansas, described as follows:
From the IDv corner of the cemetery 4 acre tract r un South

548 feet to the SE corner of the Roy McClellan tract (this
pOlnG lS 163 feet East of the W. Ihie of forty) for place
of beghllling. Run thence South 150 feet; thence E. 10 feet;
thence SE 62 feet; thence E. 27 feet; run thence S. 9 deg.
30 I E. 420 feet to a po i.nt; thence West 279 feet to ~,y. line
of forty. Run thence" South on ~vest line 1llo feet to Sl1!
corner of forty. Thence run East on 0. line of forty 731
feet more or less to a point 632 feet West of SE corner of
forty (this being the SE corner of the two acre tract deeded
by Per~J to McCabe Tractor & L~plement Co., Record Book 52,
page 615.) From this point r-un North LIIO feet; thence 10Test
190 feet; thence run North 159 feet more or less to a point
. .,(5 lee
t'nat,, lS.L,/ ~ t 00
~ utn
,}, 01, t.h
l", e
SE corner 01 cemet-er-y cract,
L' n'.\-'
deeded by McCabe, Record Book 70, Page 226. Run thence West
281+ feet to SifJcorner of tract, reserved by McCabe as shown in
Warren Goforth survey of September 1968. Thence run North 155
feet to S. line of cemetery tract; thence West on So line of
cemete7y tract 88.38 feet to SW corner of said tract; thence
North 50 feet to InN corner said tract; thence West 36 feet
more or less to point of beginning.
PASSED: November 17, 1969

----...;......;:;.....;...:;,.;;..~~"....;.::-.-.::-.------
APPROVED:
ATTEST:
ORDTI~ANCE NO. 238
AN ORDINANCE FIXTIJG THE RATE OF ANWJAL LEITY FOR 1oJAT&ttAND SET:JERIHPROVE]VIENT

DISTRICT NO. 3 OF :r10JNTAIN HO?'JE,IvrOTJNTArNH:':f'JE,
.4RKiINS.4S,ON J\SSESSED BENEFITS
TIJ THE DISTRICT AT 4% PER M~Nu)1: pnD FOR OTHER punPOSES.
0m~REAS, assessed benefits for Water and Sewer Improvement District No. 3
of I'lountain Home, Mou...n.tai."'l
Home, Arkansas (the llDistrictll) were approved by
Ordinance No. 210 of the Ordinances of the City of Mou..."'ltain Home, Arkansas
(the lICityll), adopted and approved on the 9th day of October, 1967, and the
annual lev7 fixed at 5%; and
liJHEREAS, since then there has been a re-assessment of benefits, 1rlhich

re-assessment was filed in the office of the City Clerk November 3, 1969,
and notice thereof published on November 6, 1969; and
0JHEREJ\S, it now appear-s that an annual Levy of Ll% rather than the 5%
annual le~f fixed by Ordinance No. 210 will be sufficient for the punpose
of retiri.lg the bonds being issued by the District and w0ich lOvTer annual
levy 1rnll be in the best interest of the property owners in the District;
NOvJ, THEREFORE, BE IT ORDAD1ED by the City COw1cil of the City of

Mou...n.tain
Home, Arkansas:
Section 1. That the annual levJ on the assessed benefits in the District
is hereby fixed at 4% per annum, and to this end Section 1 of Ordi.lcmce No. 210
is hereby amended by deleting 5% and inserting in lieu thereof
ATTEST:
ORDINANCE 239
AN ORDDLC,NCE Til.XING ADDITIONAL COSTS IN THE l1iJNICIP.AL COURT OF "010UNTAIN HOME,

BAXTER COD"NTY, ARKANSAS, ON CONVICTION OF DRUNKENNESS OR DRIVDTG vJI-IILE UNDER
THE INFLUEl'JCE OF INTOXICANTS: PROVIDING A SEPERATE .ACCOLfT~ FOR SUCH COSTS:
DEFTIJDJG THE DISPOSITION ThtffiEOF: M1D FOR OTli.&~ PURPOSES.
BE IT ORDAINED BY TrfE CITY COUNCIL OF THE CITY OF HOUNTAIN HOME, ARFJI,;'JS.I\S:
Section 1 From and after the passage and approval of this ordinance,
there shall be taxed by the MQDicipal Court of Mountain Home, Arkansas, on
criminal conviction, in addition to such costs as are now or may thereafter
be provided by law:
(8) For any conviction on charge public drunkenness $leOO
(b) For any conviction on charge of driving while under

the influence of intoxicants $5.00
Section 2. The Municipal Court, or Judge, shall tax said costs in all
such cases arising under violation of city ordinances or state laws, and such
costs so collected shall be kept in a separate account by the clerk and account
for and paid over to the City trasurer at the same time and in the same
map~er as other court costs in the first class of acco~nts.
Section 3. Costs collected ~~der this ordinance shall be paid into a

fund to be used in the purchase, maintenance and operation of equipment
designed to test the fact and degree of L~toxication of persons arrested on
charges of public drunkel~ess, or driving while under the influence of
into)acants. The surplus, if any, after the accomplishment of the above
purpose may be used in the defraying any other legitimate a~uinistrative
eA~ense of the court.
It is deter~ined that there is i~~ediate need for the purchase of such .

equipment. The City of Mountain Home, and Baxter Co;mty, Arkansas, have
agreed to c08perate on the i~mediate purchase of such equipment to be paid
for out of the general revenues thereof. The Clerk of the l'TunicipalCourt
is, therefore, directed to pay over to the respective tteasurers, in such manner
as may be practical, sums deposited in the above set out account ~~til such
general revenue accounts have been fully restored for the original funds
advanced.
Section h. For the purposes of this ordinance, the tBrm llpublic

and "Dr-unk on the Streetn•
drunkenness" shall include "Drunk on the high1rJayll
The term l1convictionl1shall include the forfeiture of bond.
Section 5. Passage and enactment of the above ordinance be~lg essential

to the good of the public health, safety and welfare, a state of emergency is
declared to exist and this ordinance shall be in full force and effect from
and after its passage. All ordinances and parts of ordinances in conflict
here\vith are hereby repealed.
Section 6. The provisions of this oralnance are severable. The

invalidity or unconst.t.t.ut i cna'tt ty of anyone clause or section hereof shall
not affect any other clause or section.
Passed: December 1." 1969
ATTESTED: APPROVED:
ORDINANCE NO. 242
AN ORDINA1'I.JCE
AIv\S"JDING
ORDINANCE NO. 158 AS .AMENDED FOR THE ADOPTION
OF THE PROVISIONS CF THE NATIONAL ELECTRICAL CODE, 1968 EDITION.
After due notice published in the Baxter Bulletin July 30, 1970,
together with the filing on said date of three copies ~dth the City
Clerk and Recorder of the hereinafter mentioned National Electrical
Code, 1968 edition, be it now ordained by the City Council of Mountain
Home, Arkansas, acting in its special meeting on August 10, 1970 that:
The National Electrical Code as originally adopted in said Ordinance
No. 158 shall be and is hereby replaced by the National Electrical Code,
1968 edition, recommended by the ftmerican Insurance Association, and
Section one of said Ordinance is hereby amended to read as follows:
Section 1. The National Electrical Code, 1968 Edition, recommended
by the American Insurance Association~ is hereby adopted by reference,
and incorporated as fully as if set out herein and shall take effect
forthwith within the corporate liwits of the City of Mountain Home,
Arkansas as to all its provisions.
Passed and approved this tenth day of August 1970.
ATTEST:
~~~~
~rde Wayne odse
3' .3,''.•1' '
" ,,'
"
\:..
.1
ORDINACE NO. 243
AN ORDINANCE fu~8~Q]G
JRDINN~CE NO. 224 FOR THE ADOPTION OF THE PROVISIONS OF
THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION.
After due notice published in the Baxter Bulletin July 30, 1970,
together with the filing on said date of three copies with the City Clerk
and Recorder of the hereinafter mentioned Southern Standard Building Code,
1969 Edition, be it now ordained by the City Council of Mountain Home,
Arkansas, acting in a special meeting on August 10, 1970 that:
The Southern Standard Building Code as originally adopted in said
Ordinance No. 224 shall be and is hereby replaced by the Southern Standard
Building Code, 1969 Edition, and Section One of said Ordinance is hereby
Section 1. The Southern Standard Building Code, 1969 Edition, is
hereby adopted by reference, and incorporated as fully as if set out herein
and shall take effect forthwith within the corporate limits of the City of
Mountain Home, Arkansas as to all its provisions.
ATTEST:
~s.Q-
1;~se, Rec der
ORDINANCE NO. 244
AN ORDINANCE AMS~DING ORDINANCE NO. 119 FOR THE ADOPTION OF

THE PROVISIONS OF THE STATE PLUNffiINGCODE, FOURTH EDITION.
After due notice published in the Baxter Bulletin July 30,
1970, together with the filing on said date of three copies vnth the
City Clerk and Recorder of ~he hereinafter mentioned Arkansas State
Plumbing Code, Fourth Edition, be it now ordained by the City Council
of Mountain Home, Arkansas, acting in a special meeting on August 10, 1970
that:
The Arkansas State Plumbing Code as originally adopted in
said Ordinance No. 119 shall be and is hereby replaced by the Arkansas
State Plumbing Code, Fourth Edition, and Section Two of said Ordinance
is hereby amended to read as follows:
Section Two. The Arkansas State Plumbing Code, Fourth
Edition 1965, is hereby adopted by reference and incorporated as fully as
if set out herein and shall take effect forthwith within the corporate
limits of the City of Mountain Home, Arkansas as to all its provisions.
ATTEST:
~~~>5'~
Wayne H se, Recoraer
ORDINANCE NO. 245
AN ORDINJL\lCEAMENDING ORDINANCE NO. 156 FOR THE ADOPTION OF

THE PROVISIONS OF THE FIRE PREVENTION CODE, ABBREVIATED EDITION
1965, W/1966 REVISION
After due notice published in the Baxter Bulletin July 30,
1970, together with the filing on said date of three copies with the
City Clerk and Recorder of the hereinafter mentioned Fire Prevention
Code, Abbreviated Edition 1965, W/1966 Revision, be it now ordained by
the City Council of Mountain Home, Arkansas, acting in a special meeting
on August 10, 1970 that:
The Fire Prevention Code as originally adopted in said
Ordinance No. 156 shall be and is hereby replaced by the Fire Prevention
Code, Abbreviated Edition 1965, W/1966 Revision, recommended by the
American Insurance Association, and Section One of said Ordinance is
hereby amended to read as follows:
Section One. The Fire Prevention Code, Abbreviated Edition 1965,
w/ 1966 Revision, recommended by the American Insurance Association, is
hereby adopted by reference, and incorporated as fully as if set out
herein and shall take effect forthwith within the corporate limits of the
City of Mountain Home, Arkansas as to all its provisions.
Passed and approved this 10th day of August 1970.
ATTEST:
~~~~R
Recor~ Wayne0'6se
ORDINANCE NO. 246
AN ORDINANCE ACCEPTING THE ANNSv.TION OF CERTAIN TERRITORY TO THE CITY

OF MOUNTAIN HOME, ARKP~SAS, fu~D ASSIGNING SNViE TO WARDS.
WHEREAS, a petition was filed with the County Clerk of Baxter County,
Arkansas, by the real estate ovmers of the hereinafter described territory,
praying that said territory be annexed to and made a part of the City of
Mountain Home, Arkansas, and
WHEREAS, on the fourth day of May 1970, the County Court of Baxter
County, Arkansas found that said petition was signed by a majority of
the real estate owners in both number and ownership of acreage in said
territory; that said territory is contiguous and adjoining the present
corporate limits of the City of Mountain Home, Arkansas; that an accurate
plat or map of said territory showing its relationship to the present city
had been filed with and made a part of said petition; that proper notice
had been given for the time and in the manner prescribed by law; and that
said lands and territory should be annexed to and made a part of the City
of Mountain Home, Arkansas, subject to the acceptance of the same by the
City Council of said City at the proper time as provided by law, and,
WHEREAS, the time fixed by law for appealing from said order of
annexation made by the County Court has expired, and no appeal has been
taken from said order,
NOW, THHiEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

MOUNTAIN HOME, ARKN~SAS:
Section 1: That the following described lands and territory contiguous

and adjoining the City of Mountain Home, Arkansas, be, and the same is
hereby accepted as a part of and annexed to and made a part of the
City of Mountain Home, Arkansas:
All of the N~t rMt of Section 15 Township 19 North, Range 13 West

containing 40 acres, more or less
Section 2: That the above described territory shall be annexed to

and made a part of Ward 4 of the City of Mountain Home, and the same
shall henceforth be a part of said ward as fully as existing parts of
said ward.
PASSED this 10th day of August, 1970
P.TTEST:
Petitioned by Art Vanderstek

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ORDINANCE NO. 256
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH TO

WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF
MOUNTAIN HOME, ARKANSAS
WHEREAS, persons claiming to ba a majority in value of the owners of real

property hereinafter described have filed a Petition in writting praying
that said property be annexed to Water and Sewer Improvement District No.
3 of Mountain Home, Arkansas, for the pruposes hereinafter set out, and;
WHEREAS, after due notice as required by law, the City Council of the City
of Mountain Home, Arkansas has heard all persons desiring to be heard and
has ascertained that said Petition was signed by persons owning the majority
in value of real property within said territory;
NOW, THEREFORE, be it ordained by the City Council of the City of Mountain

Home, Arkansas:
Section 1. There is hereby annexed to and made a part of Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas, the
following described property, to-wit:
All of Sylvan Hills, a subdivision, as shown by the

recorded plat thereof.
for the purpose of construction extensions to the existing sanitary sewer

system and water system as the same now exists to serve the property within
the boundaries of the territory hereinabove described, in such manner and
with such materials as the Commissioners of Water and Sewer Improvement
District No.3 of Mountain Home, Arkansas, may deem to be in the best in-
terests of the district, and that the costs thereof be assessed and charged
upon the real properties hereinabove described as benefits thereto.
Section 2. The provisions of this ordinance shall be severable. The invalidity,

unenforceability, or unconstitutionality of any clause, phrase, sentence or
part hereof, shall not effect the validity, enforceability, or constitution-
ality of any other clause, phrase, or part hereof.
Section 3. There is an immediate need for constructing extensions to existing

sanitary sewer system and water system, as the same now exists, to serve the
property within the boundaries hereinabove described. Therefore, an emergency
is hereby declared to exist, this ordinance being necessary for preservation
of the public health and safety, the same shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 15th DAY OF FEBRUARY, 1971.
APP ROV ED:. 1)·/'"\
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ATTEST: w. W. Dicker soji , Mayor
2
ORDINANCE NO. 257
ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE TO

ZONING WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN
HOME, ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS
COMMERCIAL C-2 TO COMMERCIAL C-I.
That proper petitions were filed by property owners requesting a

Commission of the City of Mountain Home, Arkansas; that notice of said
local circulation as required by Ordinance No. 163; that a public hearing
was held; that all remonstrances were heard, after which the, Planning
That the following real estate in Baxter County, Arkansas be and is

hereby changed in zoning from Commercial C-2 to Commercial C-l:
A part of the wt
of the NEt of the ~t
of Section 9,
Township 19 North, Range 13 West, described as follows:
Beginning at the Southeast corner of the Ralph and Bess

Morris lot for a starting point, run thence South 105
feet to a point, thence run West on a line parallel
with the Morris tract 210 feet, more or less, and to
US Highway # 62, run thence North along the East side of
Highway # 62, 105 feet, more or less, to the Southwest
corner of the Morris tract, run thence East along the
South side of the Morris tract 210 feet, more or less,
to the point of beginning, containing one-half (t)
acre more or less.
(Submitted by the owners of the Ozark Oaks Motel)
ENACTED THE 15th DAY OF F EBRU ARY, 1971, AND DECLARED EFF ECTIVE FROM
AND AFTER ITS PASSAGE.
. Q
APPROVED:
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ATTEST:
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W. Dicke son, Mayor
RESOLUTION NO. 258
A RESOLUTION AUTHORIZING AN UNDERWRITING AGREEMENT

BETWEEN THE CITY OF MOUNTAIN HOME, ARKANSAS AND
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
PERTAINING TO A PROPOSED INDUSTRIAL DEVELOPMENT REVENUE
BOND ISSUE; AND PRESCRIBING OTHER MATTERS RELATING THERETO
BE IT RESOLVED by the City Council of the City of Mountain Home,

Arkansas:
Section 1. That therebe, and there is hereby authorized the execution

and delivery of an Underwriting Agreement between the City of Mountain Home,
Arkansas (the "City") and Merrill Lynch, Pierce, Fenner & Smith Incorporated
("Merrill Lynch"), in substantially the form and with substantially the con-
tents hereinafter set forth, and the Mayor and City Clerk be, and they are
hereby, authorized to execute and deliver the Underwriting Agreement for and
on behalf of the City. The form and contents of the Underwriting Agreement,
which are hereby approved and which are made a part hereof, shall be sub-
stantially as follows:
Section 2. That the Mayor and City Clerk be, and they are hereby,
authorized and directed, for and on behalf of the City, to do all things,
execute all instruments and otherwise take all action necessary to the
realization of the City's rights and to the discharge of the City's obligations
under the Undervrriting Agreement.
Section 3. That there is hereby found and declared to be an immediate

need for the securing and developing of industry within the City in order
to provide additional employment and increased payrolls, alleviate un-
employment and provide other benefits incidental to the opEration of a sub-
stantial industry, and the execution and delivery of the Underwriting
Agreement authorized by this Resolution are necessary for the overall
accomplishment of these public benefits and purposes. It is, therefore,
declared that an emergency exists, and this Resolution, being necessary for
the immediate preservation of the public health, safety and welfare, shall
be in force and take effect immediately upon and after its ~assage.
Adopted this 12th day of April, 1971.
ickerson
(Letterhead of Merrill Lynch, Pierce, Fenner & Smith Incorporated)
March 24, 1971
City of Mountain Home

Gentlemen:
We understand that the City of Mountain Home (the "City) is considering

the issuance and sale of two issues of Industrial Development Revenue Bonds
of the City (the "Bonds") through underwriters in a total amount not to
exceed $10,000,000 for the purpose of financing the construction offucilities
RESOLUTION NO. 258
Page 2
for lease to Baxter Laboratories, Inc. (the "Company"), or a subsidiary

thereof. It is our further understanding that the City will retain at
its expense nationally recognized Bond Counsel to render an unqualified
written legal opinion in customary marketable form approving the validity
of the Bonds and related matters.
The undersigned, in order to effect the sale of the Bonds, proposes:
1. to underwrite the proposed Bonds, or if deemed mutually

desirable, to form an underwriting group to underwrite the proposed Bonds
and to submit, upon your request, a list of the proposed members of such
group;
2. to retain independent counsel to advise the undersigned in

connection with the issuance and sale of the proposed Bonds and related
matters;
3. to make recommendations as to the exact amount of Bonds to

be issued, maturity schedules, redemption provisions and other related
features of the proposed Bonds in order to formulate a financial program
which will be attractive and appealing to prospective investors and at the
same time result in maximum benefits to the City.
4. to assist in the preparation of the Official Statements and

Trust Indentures of the City and related contracts and agreements, including
the leases between the City and the Company, which shall be executed by the
City and the Company and shall be satisfactory to the undersigned;
5. to advise the City concerning the selection of a Trustee and

paying agents; and
6. to submit information with respect to the proposed Bonds and

related matters to financial institutions and bond-rating agencies.
The City agrees to consult and cooperate with the undersigned in

order to effectuate the foregoing proposals.
With respect to each issue of Bonds, at such time as the lease

between the City and the Company, the Trust Indenture, the Official
Statement and all other necessary documents and proceedings have been
determined by the City, the Company and the undersigned to be satisfactory
in all respects for financing purposes, the undersigned will submit an offer
to the City for the purchase of such Bonds. The City will be under no
obligation to accept such an offer and if, after negotiations with the
undersigned in faith and consultation wnh the Company, the City and the
undersigned fail to agree on the terms of sale of the Bonds, they may
then be offered for sale to others.
The City will pay all expenses incedent to the performance of its
obligations in connection with the issuance and sale of the Bonds, in-
cluding the costs of printing of the Bonds, the Trust Indentures and the
leases, and the Official Statements in reasonable quantities for slaes
promotional purposes, the fees of rating agencies and the fees of Bond
Counsil and Counsel for the City. Out-of;Pocket expenses of the under-
signed including traveling and other expenses and the fees of independent
counsel shall be paid by the undersigned, except for the expenses and fees
for independent counsel for Blue Sky and legal investment services, which
shall be paid by the City. Any costs or expenses of the City hereunder
shall be payable from the proceeds of the bonds.
The underwriting of each issue, of course, would be subject to

the execution of an underwriting agreement between us, the taking of all
proper and legal proceedings including meetings of the governing body of
the City and the Board of Directors of the Company for approving all
steps in connection with the underwriting, the receipt of satisfactory
tax rulings and legal opinions, the accountants' certificates, and
RESOLUTION NO. 258
Page 3
satisfaction of such other terms and conditions as are usually included in

similar undertakings. Also, the financial condition of the Company and the
condition of the securities market generally shall not be such as to make
it undersirable in the opinion of the underwirters or the Company to offer
the Bonds as contemplated. All of the above are routine prerequisites to
any public sale of securities.
It is understood that the provlslons of this proposal do not establish

any agency or fiduciary relationship between the City and the undersigned.
This Agreement shall extend to January 31, 1972, and thereafter for
successive periods of three months unless and until at least 30 days prior
to the commencement of any such three-month period, the City or the under-
signed shall give written notice to the other of the termination of this
Agreement at the commencement of such period.
If the foregoing meets with your approval, kindly indicate your

acceptance by authorizing and executing the same and returning the
duplicate counterpart hereof. Upon such acceptance by you, the foregoing
will constitute the entire Agreement between you and the undersigned.
Respectfully submitted,
MERRILL LYNCH, PIERCE, FENNER & SMITH

INCORPORATED
By lsi Walter W. Niebling

Walter W. Niebling
Vice President
The foregoing Agreement is hereby accepted by means of a resolution

adopted on April 12, 1971, a certified copy of which is attacher hereto.
CITY OF ARKANSAS
6
ORDINANCE NO. 259
AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE

UPON THE QUESTION OF THE CITY OF MOUNTAIN HOME,
ARKANSAS ISSUING BONDS UNDER THE PROVISIONS OF ACT
NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE
SIXTY-SECOND GENERAL ASSElIfBLYOF THE STATE OF ARKA1\JSAS,
APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE
OF PROVIDING PERMANENT FINANCING OF THE COST OF SECUR-
:ANG AND DEVELOPING INCUSTRY (THE PARTICULAR INDUSTRIAL
PROJECT IS DESCRIBED IN THE ORDINANCE); PRESCRIBING OTHER
MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY.
WHEREAS the existing industrial plant operated by Travenol

Laboratories, Inc., a Delaware corporation ("Travenol"),
is inagequate and there is an immediate need for the ex-
pansion thereof which will result in the adding of additional
employment and additional payrolls, all in the best interests of
the City of Mountain Home, Arkansas (the "City") and its citizens
and inhabitants and all in furtherance of the public purposes
embodied in Act No. 9 of the First Extraordinany Session of the
Sixty-Second General Assembly of the State of Arkansas, approved
January 21, 1960, as amended ("Act No.9"); and
WHEREAS in order to obtain funds for financing the proposed

undertaking, which will consist of the constructing and equipping
of a manufacturing building and related improvements and the ac-
quisition and installation of machinery, equipment and facilities
(the "Project"), to pay expenses and make expenditures in con-
nection therewith and pay the expenses of the financing, the City
proposes to issue Industrial Development Revenue Bmnds under Act
No. 9 in an amount not to exceed $5,000,000; and
WHEREAS the purpose of this ordinance is to submit the

question of the issuance of the bonds to the electors of the City
at a special election called for the pupose;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF MOUNTAIN HOME, ARKANSAS:
Section 1. That a special election be, and the same is hereby,

called to be held in the City on the 18th day of May, 1971, at
which election there will be submitted to the electors of the City
the question of issuing Industrial Development Revenue Bonds under
Act No. 9 in an amount not to exceed Five Million Dollars ($5,000,000)
for the purpose of furnishing permanent financing of the costs of
securing and developing industry (the particular industrill under-
taking is described above). The bonds will be dated, will bear
interest at the rate or rates, with the interest payable on such
dates, the bonds will mature on such date or dates, the bonds will
be subject to redemption pnor to maturity in such manner and upon
such terms, and the bonds will be issued at one time or in series
from time to time, all as the City Council shall subsequently deter-
mine and specify in the ordinance authorizing the issuance of the
bonds.
Section 2. That the question shall be placed on the ballot

for the special election in substantially the following form:
Vote on measure by placing an "X" in the square above the

measure either for or against:
FOR the issuance of Industrial Development Revenue

Bonds by the City of Mountain Home, Arkansas in the
aggregate prinCipal amount of not to exceed
$5,000,000----------------------------------------------- I !
ORDINANCE NO. 259
Page 2
AGAINST the issuance of Industrial Development

Revenue Bonds by the City of Mountain Home, Arkansas
in the aggregate principal amount of not to exceed
$5,000,000------------------------------------------ L--I
It is proposed to issue City of Mountain Home, Arkansas
(the "City") Industrial Development Revenue Bonds ("Bonds")
under Act No. 9 of the First Extraordinary Session of the
Sixty-Second General Assembly of the State of Arkansas,
approved January 21, 1960, as amended ("Act No.9"), in the
aggregate principal amount of not~ exceed $5,000,000 for
the purpose of furnishaing the permanent financing of the costs
of securing and developing industry. The bonds will be dated
will bear interest at such rate or rates, interest will be
payable on such dates, the bonds will mature on such date or
dates, the bonds will be subject to redemption prior to maturity
in such manner and upon such terms, and the bonds will be issued
at one time Or in series from time to time, all as the City
Council shall subsequently determine and specify in the
ordinance authorizing their issuance. The proposed industrial
project to be financed by the bonds will consist of an expansion
of the industrial operations of Travenol Laboratories, Inc., a Dela-
ware corporation ("Travenol"), consisting of the constructing and
equipping of a manufacturing building and related improvements
and the acquiSition and installation of machinery, equipment
and facilities therein (the "Project") and the proceeds of the
bonds will be used for financing Project costs, expenses and
expenditures in connection therewith and the expenses of the
financing. The Project will be leased to Travenol for lease
rentals sufficient to provide for the payment of the principal of,
premiums, if any, and interest on the bonds. Travenol is a sub-
sidiary of Baxter Laboratories, Lnc , , a Delaware corporation ("Baxter
Laboratories") and Baxter Laboratories will unconditionally
guarantee performance by Travenol of its obligations as
Lessee under the Lease and Agreement. The bonds will not be
general obligations of the City, but will be special ob-
ligations payable~.so~E?l¥".frQmfevenues derived from the
Lease and Agreement with Travenol and the bonds will not con-
stitute an indebtedness of the City within any constitutional
or statutory limitation. The permanent improvements involved
in the Project will not be mortgaged initially as security for
the bonds of this issue by the machinery, equipment and personal
property will be mortgaged (by granting the holders of the bonds
a security interest therein).
Section 3. That the election shall be held and conducted and the
vote canvassed and the results declared under the law and in the manner
provided for municipal elections, so far as the same may be applicable, and
the Mayor shall give notice of such election by an advertisement published
onee a week for four consecutive weeks in a newspaper having a bona fide
circulation in the City, with the last publication to be not less than
ten UO) days peior to the date of the election, and only qualified electors
of the City shall have the right to vote at the election.
SECTION 4. That the results of the election shall be proclaimed by

the Mayor and his proclamation shall be published one time in a newspaper
having a bona fide circulation in the City, which proclamation shall advise
that the results as proclaimed shall be conclusive unless attacked in the
courts within thirty (30) days after the date of such proclamation.
Section 5. That a copy of this ordinance shall be furnished the

Baxter County Board of Election Commissioners so that the necessary
election officials and supplies may be provided.
Section 6. That there is hereby found and declared to be an immediate

need for securing anc developing of industry in order to provide additional
employment, provide increased payrolls, alleviate unemployment and provide
other public benefits incidental to the securing and developing of industry.
ORDINANCE NO. 259
Page 3
In furtherance of these public purposes, it is hereby found and declared

that the developing of the particular industrial Project described in the
ordinance can be feasibly and expeditiously accomplished only by the issuance
of the above described bonds. It is, therefore, declared that an emergency
exists and this ordinance being necessary for the immediate preservation
of the public health, safety and welfare shall be in force and take effect
immediately upon and after its passagej
PASSED: April 12, 1971
APPROVED:
ATTEST:
ORDINANCE NO. 260
ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE

TO ZONING WITHIN THE CITY LIMITS OF THE CITY OF
~~UNTAIN HOME, ARKANSAS, RELATIVE TO CH~~CING AREA
ZONED AS RESIDENTIAL R-l TO COM~ERCIAL C-3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WDUNTAIN HOME,
P.RKANSAS;
Commission of the City of Mountain Home, Arkansas; that notice of
said petition and a public hearing thereon was published in a
newspaper having local circulation as required by Ordinance No. 163;
that a public hearing was held; that all remonstrances were heard,
after which the Planning Commission recommended that all property
described hereinafter be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME,
ARKANSAS:
That the following real estate in Baxter County, Arkansas be
and is hereby changed in zoning from Residential R-l to Commercial
C-3:
Lots 33 and 34 in Spring Park Subdivision, as

Request submitted by A-V Enterprises, Inc.

Cline E. Atkins, Pres.
El'\lACTED
THE 12th DAY OF APRIL, 1971, AND DECLARED EFFECTIVE
FROM AND AFTER ITS PASSAGE.
APPR<DVED:
R. 'E. Baker, Ac ing Mayor -

I~/~)%' ,7'. ,.-- a '
ATTEST: ~ ~ \.. '-
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W.W. . kerson, Mayor
/
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ORDINANCE NO. 261

MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA
ZONED AS RESIDENTIAL R-1 TO COMMERCIAL C-2.
ARKANSAS:
That proper petitions were filed by property owners requesting
petition and a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No. 163; that a
public hearing was held; that all remonstrances were heard, after
hereinafter be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HON~,
ARKANSAS:
That the following real estate in Baxter County, Arkansas be and
is hereby changed in zoning from Residential R-l to Commercial C-2:
That part of the NEt sEt of Section 5, Twp , 19

N. R. 13 West, described as follows: Begin at
the intersection of the center of State Highway
No. 5 and the South boundary of said forty, run
thence North 88 deg. 15' West 651 feet, thence
North 169 feet, thence East 469 feet, and to the
center of State Highway No.5, thence SE with
the center of said Highway to the point of
beginning, containing 2.48 acres, more or less.
(Request submitted by E.G. Gregory)
ENACTED THE 12th DAY OF APRIL, 1971, AND DECLARED EFFECTIVE FROM
APPROVED:
cfG ~
ATTEST: g~ ~;tJifl~i
W.W. Dicker on, Mayor
ORDINANCE NO. 262
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH

TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE
CITY OF MOUNTAIN HOME, ARKm~SAS
WHEREAS, persons claiming to be a majority in value of the owners of
real property hereinafter described, have filed a Petition in writing,
praying that said property be annexed to Water and Sewer Improvement
District No.3 of Mountain Home, Arkansas, £or the purposes hereinafter
set out, and;
~~EREAS, after due notice as required by law, the City Council of
the City of Mountain Home, Arkansas, has heard all persons desiring to
be heard and has ascertained that said Petition was signed by persons
owning the majority in value of real property within said territory;
NOW, THEREFORE, be it ordained by the City Council of the City of
SECTION 1. There is hereby annexed to and made a part of Water &
Sewer Improvement District No.3 of the City of Mountain Home, Arkansas,
the following described property, to-wit:
All of Indian Creek Subdivision as

shown by the recorded plat thereof,
for the purpose of constructing extensions to the existing sanitary sewer
system and water system as the same now exists to serve the prqerty within
with such materials as the Co~missioners of Water and Sewer Improvement
District No. 3 of Mountain Home, Arkansas, may deem to be in the best
interests of the districtm and that the costs thereof be assessed and
charged upon the real properties hereinabove described as benefits thereto.
SECTION 2. The provisions fo this ordinance shall be severable. The
invalidity, unenforceability, or unconstitutionality of any clause, phrase,
sentence or part fuereof, shall not affect the validity, enforceability,
or constitutionality of any other clause, phrase, or part hereof.
SECTION 3. There is an immediate need for constructing extensions
to existing sanitary sewer system and water system, as the same now exists,
ORDINANCE NO. 262
Page 2
to serve the property within the boundaries hereinabove described. There-
fore, an emergency is hereby declared to exist, this ordinance being
necessary for preservation of the public health and safety, the same
shall be in full force and effect from and after its passage and
publication.
Passed and Approved this 12th day of April, 1971.
APPROVED:
JR. E. Baker, 4cting Mayor
ATTEST:
J
ORDINANCE NO. :263
Page 1
AN ORDINANCE FOR THE.PURPOSE OF SETTING FILING AND

DOCKETING FEES FOR PETITIONS TO BOARDS AND COMMISSIONS
AND TO THE CITY COUNCIL OF>THE CITY OF MOUNTAIN HOME,
ARKANSAS, AND FOR SETTING COST DEPOSITS TO BE MADE ON
SUCH PETITIONS, AND FOR OTHER PURPOSES
WHEREAS, petitions are filed iothe City Hall of the City of

Mountain Home, Arkansas, for various hearings before Boards and
Commissions of the City of Mountain Home, Arkansas, and the City

Counci 1 thereof, and;
WHEREAS, there is no standard policy of the City of Mountain
Home, Arkansas, with .reqazd to filing fees and deposits for costs
in these filings, and;
WHEREAS,in most, if not every case, pul>lications must be had,
and other costs expended, and;
WHEREAS, In many cases .the City is not able to recoup these
costs after the desired action has been taken by the agency petitioned;
NOW, THEREFORE, BE IT ORDAINED by the City Council of theCi ty of

Section 1. That the City Recorder be and he is hereby declared
to be the official of the City of Mountain Home, Arkansas, to ra-

ceive petitions seeking action of the various Boards and Commissions
of the City of Mountain Home, Arkansas, and the City Council thereof.
Said Recorder shall upon receipt of any petition, appropriately file
the matter,and place the same on the agenda of the meeting of the
Board or Commission, or, as the case may be, the City Council of
the City of Mountain Home, Arkansas, at which the same may be considered
by that body.
Section 2. Provided,however, that the City Recorder shall accept
no petition for filing unless the same is accompanied by a fee of Five

DolIare ($5.00) as a filing and docketing fee and, in addition therEk>,
a deposit to cover the additional costs which may be incurred in the
matter as follows:.
ORDINANCE
NO. 263
Page 2
(A) In the case of a petition for a change in zoning,
the addltionaleost deposit shall be Thirty Dollars ($30.00);
(B) In the case ofapetition for variance no additional
fee shall be charged;
(C) In the ease of a petition to annex proper-ty to any
Improvement District over which the City Council of the City
of MountainHome, Arkansas, has additional
cost deposit of Forty-five Dollars ($45.00);
(D) In the case of a petition to annex property to the
City of Mountain Home, Arkansas, an additional deposit of
Twenty Dollars ($20.00); and
(E) In all other cases an additional cost deposit of
Twenty-five DoLlar s ($25.00) •.
Section 3. The provisions of this Ordinance shall beseveralbe.
The invalidity, unenforceability, or unconstitutionality of any clause,
phrase, sentence or part thereof , shall not affect the validi:ty, en-
forceability, or constitutionality of any other clause,phrase,or
part thereof.
Section 4. It is determined by the City Council of the City of
Mountain Home, A:rkansas,that the present policies with regard to
docketing and filing fees and the requiring of cost deposits upon filing
of petitions with the City of Mountain Home, is causing the loss of
money to the Treasury of the City of Mountain Home,Arkansas. There-
fore, an emergency is declared to exist, this Ordinance being necessary
for the preservation of the public health and safety, the same is to be
in full force and effect from and after its passage and publication.
Section 5. All ordinances andsec1:ions of Ordinances iriconflict
herewith are hereby :repealed.
Passed and Approved this lOth day of May,
Attest:
ORDINANCE NO. 264
AN ORDINANCE ESTABLISHING A POLICY WITH REGARD TO THE

ANNEXATION. OF PROPERTI.ES TO THE CITY OF MOUNTAIN HOME
AND WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE
CITY .OFM)UNTAIN HOME, .ARKANSAS,AND FOR OTHER PURPOSES
WHEREAS, residents and owners of properties adjacent to the City of
Mountain Home, Arkansas, because of the expanded water and sewer facilities
of this City, are petitioning in greater numbers to be annexed to either

the City ofMOuritcdn Home, Arkansas, or to Water and Sewer Improvement
District No. 3 of the City of Mountain Home, Arkansas, and;
WHEREAS, areas annexed simply and solely to Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, would enjoy a~vant-
ages of the City but, under certain circumstances, might not equally con-
tribute to those services with others who were also residents of the City
of Mountain Home, Arkansas, due to the differential in ad valorem tax rates,
and other factors.

BE IT THEREFORE, ORDAINED by the City Council of the City of Mountain
Home, Arkansas:
1. That it be and the policy is hereby established that this Council

will consider no petition for annexation to Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, unless that petition
is accompanied by a petition, in appropriate form, for annexation to the

City of Mountain Home, Arkansas.
2. That no area shall be accepted for annexation to Water and Sewer

Improvement District No.3 of the City of Mountain Home, Arkansas, until
the County Court of Baxter County, Arkansas, or other Court of competent
jurisdiction, shall have entered a final order annexing the same property
to the City of Mountain Home, Arkansas.
3. The provisions of ttisOrdinance shall be severable. The invalidity,
unenforceability, or unconstitutionality of any clause, phrase, sentence
or part thereof, shall not affect the validity, enforceability, or con-

statutionality of any other clause, phrase, or part thereof.
4. There is an immediate need for a declaration of policy with re-
gard to the annexation of lands to Water and Sewer Improvement District
No.3 and to the City of Mountain Home, Arkansas. Therefore, an emergency
ORDINANCE NO. 264
Page 2
is declared to exist, this Ordinance being necessary-for the pre-
servation of the public heal thand safety, the same is to be in full
force and effect from and after its passage and publication.
Passed and Approved this 10th day of May, 1971.
Attest:
~~d~~
Recarder aYll'e} Hou se .. ...
RESOLUTION NO. 265
A RESOLUTION ACCEPTING THE ANNEXATION OF CERTAIN

TERRITORY TO THE CITY OF MOUNTAIN HOME, ARKANSAS,
AND MAKING THE SAME. APART OF THE CITY OF MOUNTAIN
HOME, ARKANSAS, AND ASSI~ING THE SAME TO WARDS
WHEREAS, a Petition was filed with the County Clerk of Baxter County,
Arkansas, by real estate owners of the property hereinafter described,
praying that the territory be annexed to and made a part of the City
of Mountain Home, Ar~ansas, and;
~ffiEREAS on the twelfth 12th) day of April, 1971, the County Court
of Baxter County, Arkansas, found that the Petition was signed by a
majority of the real estate owners in both number and ownership of

acreage and value in the territory; that said territory is contiguous to
the City of Mountain Home, Arkansas; that an acc~rate plat or map of said
territory showing its relationship to the present City had been filed and
made a part of the Petition; that proper notice had been given for the time
amd in the manner prescribed by law; that said lands and territory should
be annexed to and be made a part of the City of Mountain Home, Arkansas,
subject to the acceptance of the same by the City Council of the City at
the proper time as provided by law, and;
WHEREAS, the time fixed by law for appealing the said order of an-
nexation made by the County Court has expired, and no appeal has been taken
from said order,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
Section No.1. That the following described lands and territory

contiguous and adjoining the City of Mountain Horne, Arkansas, be, and
the same is hereby accepted as part of and annexed to the City of
Mountain Home, Arkansas, to-wit:
All of Indian Creek Subdivision as

Section NO.2 That the above described territory be annexed to and

made a part of Ward 1 of the City of Mountain Home, Arkansas, and shall
henceforth be a part of said Ward as fully as existing parts of said Ward.
Section No. 3 The adoption of this Resolution being essential to the
health and safety of the community, an emergency is declared to exist, and

RESOLUTION NO. 265
Page 2
this Resolution shall have full force and effect from its passage and
approval.
Passed this 10th day of May, 1971.
APPROVED:
ATTEST:
/
ORDINANCE NO. 266
AN ORDINANCE AMENDING ORDINANCE NO. 163 -WIThIREFERENCE

TO ZONING WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN
HOME,ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS
COMMERCIAL 'C-2 TO COMMERCIAL c-r.
BE IT ORDAINED BY THE CITY \COUNCIL OF THE CITY OF NOUNTAIN HOME,
ARKANSAS:
change in zonin9; that said petitions were submitted to the Planning

Commission of tbeCity of Mountain Home". Arkansas; that notice of
said ~etition and a public hearing thereon was published in a news-
paper having local circulation as required byOrdimance No. 163;

IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF NOUNTAIN HOME,
ARKANSAS;
That the following real estate in Baxter County, Arkansas be

and is hereby changed in zoning from Commercial C-2 to Commercial
c-r.
Lots 27-23-24-pt.16!-25-26-38-37-pt.36. Alldf
Lot # 39 the East 10 feet of Lot # 40 and all
of Lot # 36 except the South 60 feet being the
North 48 feet of rsai!dLot II 36 all in College
Heights. Pt.~, Set, swi, or Tract 1 of the
O. H. Ray properties. This property comprises
what is called the College Plaza Shopping Center.
Also a part of the Nwt of Sec. 9, Twp. 19 N,

Range 13 West, described as follows: From the
NW corner of said Section, run East along
North line of said Section 1179.95 feet; thence
South at right angles to said section line 3.77
ft. to the point of beginning; thence South 89
Deg. 28' East 162.5 ft. along fence line; thence
South 0 deg. 58' East 92.25 ft. along fence;
thence North 89 deg. 13' West 184.2' along fence
line to concrete curb; thence following the said
curb along Main St. to the point of beginning.
Above description of property being that shown
on Survey of Nov. 18, 1961, recorded in Book
E, page 303, Survey Records of Baxter County,
better known as the Real Buy Agency Office.
Also that part of the wt StEt, Sec. 4, Twp. 19
North, Range 13 West, described as follows:
-2-
ORDINANCE NO. 266
Beginning at a point where U.S. Highway

No. 62 enters the ·wt sEt Sec~ 4,Twp. 19
N.Range 13 W.and run Northeast aloIllgth~
North side of said Highway 75 feet to the·
SE corner of a tract of land conveyed to
Mrs. Susie Whfte, for the point of beginning
for the lands herein described; continue
along the North line of said Highway to a
point 5 rods North of the North line of the
swt sEt Sec. 4; thence run due West to a
point 10 feet East of the half section line,
said point being theNE corner of •.the White
tract; run thence Southeast along the East
line of the \White tract 165 feet to .the
point of beginning, except that parcel of
land lying North and East·of the fence,
conveyed to Ella Russell; lands herein
containing 9/10 of an acre, more or less.
Enacted the 10th day of May, 1971, and declared effective from
and after its passage~

APPROVED:
ATTEST:
~~ Reco erWayne'House • ,.
(ReRUest submitted by Art Vanderstek)
/7.;7
ORDINANCE NO. 267
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH REF-

ERENcE TO ZONING WITHIN THE CITY LIMITS OF THE CITY
OF ~OONTAIN HOME, ARKANSAS, RELATIVE TO CHANGING
AREA ZONED AS RESIDENTIAL TO COMMERCIAL C-2.

ARKANSAS:
said petition and a public hearing thereon was published in a news-

paper havin~ local circulation as required by Ordinance No. 163;
after which the Planning Commission r¥commended that all property

ARKANSAS:
That the followingcreal estate in Baxter County, Arkansas be and
is hereby changed in zoning from residential to Commercial C-2.
Pt Nt Nwf Nwf Section 2 Township 19 North Range 13 West.
This property is known as Cochrants Car'Lot located on
Highway 62 N. E.
Enacted the lOth day of May, 1971, and declared effective from

APPROVED:
ATTEST:
(Request submitted by Powel Cochran)

WHEREAS, the City of Mountain Home, Arkansas, owns a municipal
waterworks system which has recently been expanded due to the
rapid growth and population of said City, and;
WHEREAS, the recent expansion of said water and sewer
facilities has been financed by Federal grant, the issuance of
bonds, both revenue bonds and bonds which will be paid off
through assessments against property within Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas,
and;
WHEREAS, the City has issued revenue bonds in two series
(Series A and Series B; Series A in the amount of $151,500.00
and Series B in the sum of $500,000.00, and;
WHEREAS, said bonds are payable as set out in Ordinance
No. 235, and in accordance with the Schedule A attached hereto
and made a part of this Ordinance, and;
WHEREAS, it is determined by the City Council of the City
of Mountain Home, Arkansas, that current rates charged for
water and sewer service on the water and sewer system of the
City of Mountain Home, Arkansas, is not adequate to retire the
bonds, provide the margin of securtiy for the bonds required
in Ordinance No. 235, provide for the various depreciation and
operating funds needed by the system, and;
WHEREAS, the cost of producing water in the new treatment
plant is more than formerly paid for producing water from wells;
therefore, the lowest blanket present water rate is below the
cost of furnishing and delivering it to customers today. The
new sewage plant operation is much more expe9sive than present
sewer revenues being collected per customer, and;

Page 2
WHEREAS, Ordinance No. 235 of the City of Mountain Home in Section
5 provides, among other things, that "the City has fixed and convenanted
and agreed~to maintain rates for water and sewer services which shall
be sufficient at all times to at least provide for the payment of the
reasonable expenseof operation and maintenance of the system, provide
for the pa~ent, principal and interest, of all bonds to which the payments
must be made to satisfy pledges of syste~ revenues, including, specifi-
cally the bonds, and make the required payments into the depreciation fund."
IT IS THEREFORE ORDAINED by the City Council of the City of Mountain
Home, Arkansas:
Section 1. That the following rate have been fixed as the rates
to be charged for water to be furnished by the waterworks system and
the Council hereby finds them to be reasonable and necessary minimum
rates to be charged and does hereby continue them, then, to-wit:
(A) Water Rate Schedule
First 2,000 gals/mo. -------------------- $2.50 /Mo. (Min.)

Next 3,000 gals/mo. --------------------@ .50 /M/Mo.
Next 10,000 gals/mo. --------------------@ .45 /M/Mo.
Next 35,000 gals/mo. --------------------@ .40 /M/Mo.
Next 50,000 gals/mo. ---------~---------_@ .35 /M/Mo.
Over 100,000 gals/mo. --------------------@ .30 1M/Mo.
(B) IThe monthly sewage rates shall be based on water
furnished through the water meter, most of which
the Council finds will ultimately be discharged
into the City sewer system on the following basis,
to-wi t:
First 2,000 gals/mo. -------------------- $2.00 /Mo. (Min.)

Next 3,000 gals/mo. --------------------@ .30 /M/Mo.
Next 10,000 galS/mo. --------------------@ .25 /M/Mo.
Next 35,000 gals/mo. --------------------@ .20 /M/Mo.
Next 50,000 gals/mo. --------------------@ .15 /M/Mo.
Over 100,000 gals/mo. --------------------@ .10 /M/Mo.
(C) The Council finds that there are subscribers to
the sewage system not on city water. Therefore,
such subscribers shall be charged $5.00 per month
for City sewage service.
(D) Each commercial or residential unit shall be separately
metered except as herein set out. A trailer park or
apartment complex of five or more units may be connected

Page 3
to the city water system by a single meter; provided,
however, an addtional charge of $1.00 per month per residen-
tial unit (trailer or apartment in such complex), whether
occupied or not, on OBe meter shall be added to the water
bill as calculated above. An additional 50¢ per month per
residential unit (trailer or apartment in such complex),
whether occupied or not, on one meter shall be added to the
sewer bill as calculated by the table above. Housekeeping
units of motels, for the purpose of this section, shall be
considered apartments in such complex.
Section 2. The following meter deposits are hereby established by the
Council and the Council finds them to be reasonable and necessary minimum
rates to be charged:
(D) Residential - $10.00

Commercial 25.00
Industrial 35.00
Section 3. Charges for water and sewer service to connections outside the
corporate limits of the City of Mountain Home, Arkansas, shall be at a rate
of 200% times the above set out rate.
Seetion 4. The City Council of the City of Mountain Home, Arkansas, does,
notwithstanding the provisions of the Ordinance, reserve the right and
responsibility to determine wholesale water prices between said City and
large consumers including, but not limited to, other governmental units,
impr@vement districts, and large manufacturers. Such rates shall be set
as from time to time necessary by contract with said entities and by
Ordinance of the City.
Section 5. The Council does, further, fix as reasonable necessary minimum
charges for connections, to the water and sewer system of the City of
W~untain Home, Arkansas, the following:
(A) There shall be charged a connection fee of $120.00 for
connection to the water '§i~stem,within the corporate limits
of the City of Mountain Home, Arkansas, or Water and Sewer
Improvement District No.3 of the City of Mountain Home,
Arkansas, which shall include the normal installation of a
5/8 X 3/4 inch meter. Connections of meters to a
s¥stem of greater size than this shall be at no~ ~e5~

Page 4
the normal installation of a 5/8 X 3/4 inch meter. Connections
of meters to a system of greater size than this shall be at not
less than cost to the City, as determined by the Water and
Sewer Superintendent.
(B) There shall be charged .for connections to the Water system
outside the corporate limits of the City of Mountain Home,
Arkansas, and Water and Sewer Improvement District No. 3 of
the City of Mountain Home, Arkansas, a fee of $115.00 if the
connection is wi thin 1:;hreemiles of the corpoxat e limits of
said City. Beyond three miles, there/i~pajll be an addi tional
charge of $2.00 per mile, one way. Further, there shall be
an addi tional fee payable for such connections to the
cost of street crossings, if any. The street crossing ,fee
shall be $10.00 plus the actual cost of repair. of any street
crossing, as determined by the superintendent of the Street
Department. Prior to connection there shall be required a
deposit of $50.00 to be applied to the repair of the street
crossing. The. unused portion of said deposit shall be returned
to the person making the deposit upon certification of the
Superintendent of the Stre.et Department that the street has
been repaired at a cost, as hereinabove defined, of less than
the deposit.
(C) Connections to the sewer system within the corporate limits
of the City of Mountain Home, Arkansas, or Water and Sewer
Improvement District No.3 of the City of Mountain Home,
Arkansas, shall be made for a fee of $15.00.
Section 6. It shall be the duty of the Street Department of the City of
Mountain Home, Arkansas, to repair all street crossings within
or without the corporate limits of the City of Mountain Home,
Arkansas, which saall be made by Water or Sewer lines
connecting to the mains of the City of Mountain Home, Arkansas.
It shall be the duty of the City Clerk and Recorder, or his
designee, to accept-and collect all charges, fees or deposits

Page 5
set out in this Ordinance. It shall, further, be the duty of such
City Clerk and Recorder, or his designee, to:
(I) Deposit to the account of the City Water and Sewer Department
$100.00 of each fee tendered under Section 5 (A) above and the
remaining $20.00 thereof to the Street Department of the City of
Mountain Home Arkansas;
(2) Under Section 5 (B), $115.00 plus mileage for the installation
of water services shall be paid to the account of the Water and
Sewer Departments; and the fee of $10.00 plus the actual costs of
street repair collected under said subsection shall be paid to the
Street Department.
(3) All deposits and fees collected under Section 5, subparagraph (C),
shall be deposited to the account of Street Department of the City
of Mountain Home, Arkansas.
Section 7. Bills for water and sewer service shall be rendered monthly,
and if not paid before the tenth(10th) day following the original
date of billing, a 10% penalty shall be added to the bill. If the
bill is not paid within thirty (ao) days, water services shall be
discontinued and the premises shall be disconnected fra:mithe water-
works system. charge _of -$3 .•

00 ·sMll-he~:made.>fer-:r,eeonnection fo.r
.!S~&y''''olont.3ry .oo-!n~lurrt;;.:ry discontinuation'of '·services'to..:

cu stomers
within the corporate limits of the City of Mountain Home, Arkansas,
and $6.00 to customers without the corporate limits of the City of
Section 8. The Treasurer of the City shall be the custodian of revenues
from the water and sewer works and shall give bond as required by
law to be approved by the Trustee of the bond.
Section 9. Revenues from the said system shall be applied by the Treasurer
of the City of Mountain Home, Arkansas, in assordance with the
provisions of Ordinance No. 235.

KepelDr led
Page 6
Section 10. All deposits of money in the different funds created by
Ordinance No. 235 shall be deposited in such depository or
depositories as the City may lawfully designate from time to
time, subject, however, to the giving of security by such
depository as now or hereinafter may be required by law. All
deposits made by the Treasurer shall be made in the name of
the City and be so designated as to indicate the particular
fund of which the revenue belongs.
Section 11. Section 19-4113, Ark. Stats. Ann. (1947), which provides
that sewer rates, if not paid when due,ssha11 constitute a
lien upon the premises served by the system, and upon the fee
title to the land and permanent improvements thereon, even
though the occupant receiving the benefit of the services for
which the charge is due has merely a leasehold interest in the
premises shal! be applicable. If any service rate as established
by this Ordinance shall not be paid within thirty (30) days
after the same is due, the amount thereof, together with a
penalty of ten per cent (10%) and a reasonable attorney's fee,
may be recovered by the City in a suit filed in the Chancery
Court of Baxter County, Arkansas, in the name of the City, or
in the name of the individual bondholders, or the suit may be
filed by the Trustees for and on behalf of all the bondholders.
Section 12. Section 4 of Ordinance No. 107 passed and approved September
19,1950, and all other Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 13. The provisions of this Ordinance are severable. The invalidity,
unconstitutionality or unenforceability of any section, clause,
or phrase shall not affect the validity, constitutionality, or
enforceability of any other section, clause or phrase herein.
Section 14. It is hereby ascertained and declared that the present revenues
from the water and sewer systems of the City of Mountain Home,
Arkansas, are inadequate to support the revenue bonds which have

~epe.A\e.d
Page 7
been issued, maintain the system, and provide for the depreciation
funds required by Ordinance No. 235. Present debt requirements
are being made up from "reserve funds," which will soon be depleted.
Therefore, an emergency is declared to exist, and this Ordinance
being necessary for the preservation of the public peace, health
and safety, it shall take effect from and be in full force without
delay from and after its passage and approval. Provided, however,
that the rates chargeable for water and sewer services as herein
set out shall be effective and shall be collected beginning with
bills due on and after the first (1st) day of _-'A:.:,:u:::...;9""'U::.;:S::..,:t"--

,1971.
Section 15. This Ordinance is passed pursuant to the authority of Acts
131 and 132 of 1933.
Passed this 28th day of June, 1971.
Attest:
~~eLu-R
. Reror ayne i40use ---
RESOLUTION NO. 269
ORDINANCE NO 269
RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS

IN THE FEDERAL RENT SUPPLENENT PROGRAM
WHEREAS, under the provisions of Section 101 of the Housing and Urban
Development Act of 1965, the SecretaFJ of Housing and Urban Development is
authorized to enter into contracts to make rent supplement payments to
certain qualified housing owners on behalf of qualified low-income families
who are elderly, handicapped, displaced, victims of natural disaster, or
occupants of sub§tandard housing, and
~lliEREAS,the provisions of said Section 101 calli~otbe made
available to housing owners in certain localities unless the
governing body of the locality has by nesolution given approval for
such participation in the Federal Kent Supplement rrogr~~.
NOW, T~~FO~, be it resolved by the City Council of the City
of Mountain Home, Arkansas, as follows:
Approval is hereby granted for participation in the Federal Rent
·Supplement Program by qualified housing owners of property located in
the City of Mountain Home, Arkansas.
day of __ J~u=n:::.;e~
Passed and Approved this __ ~2~8~tl~h~_ __ , 1971.
ORDINANCE #270
ORDIN1INCE TO AMEND ORDINANCE 163 AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HONE, JlR.KJllJSJAS: 0
Section 1. That the rules and regulations adopted in book form, three
copies of which are on file in the City Hall, by Ordinance 163 of the City of
Nountain Hmme, Arkansas, with respect to Article 3-2, subparagraph C. Said
paragraph shall be amended to read: HCn Height
1. The maximum height of structure shall be three
stories and not to exceed 48 feet. Provided, however, in the central district
of the city the maximum height of a structure shall be eight stories and not to
exceed ninety-six feet.
2. The central district of the city is hereb~
defined as that area West of College Street, East of Hickory Street, South of
First Street and North of Tenth Street.
Section 2. The provisions of this Ordinance are severable. The illegality,
unconstitutionalityor unenforceabilityof any section,clause or phrase hereof
shall not affect ta legality, constitutior~lity or enforceability of any other
section, phrase or clause.
Section 3. The provisions of this Ordinance being necessaDr to the immediate
protection of the health, safety and morals of the City of Nountain Home,~rkansas,
an emergency is hereby declared to exist and tfus Ordinance shall be in full force
and effect from and after its passage.
APPROVED this 28th dayof
/ Mayor
/
\...-/ /
Attest:
32
ORDINANCE NO. 271
lAN ORDINANCE TO AMEND ORDIN~CE NO. 207

ENTITLED HAN ORDINTlNCE TO ll..MENDORDINlANCE
NO. 137H• ORDINANCE NO. 137 ENTITLED ulAN
ORDINAN CE REQUIRIN G O"W'NERSOF REU PROPERTY
TO CUT WEEDS AND REMOVE RUBBISH .QlliD OTHER
UNSIGHTLY 1JJD UNS.QlliIT~YARTICLES FROM
THE SAME.
Be it ordained by the City Council of the City of Mountain
Home, Arkansas:
Sectionl. Section 1 of Ordinance No. 207 is hereby
amended to read as follows: The City Marshall shall give
written notice to any owner of lands who shall fail to comply
with Section 1 of Ordinance No. 137, to cut weeds or remove
any garbage, refuse or other unsightly or unsanitary articles
within 20 days from the giving of such notice. If such
owner is not a resident of the City of Mountain Home, Arkansas,
such notice shall be mailed by registered mail to the last known
address of such o~mer.
Section 2. It is ascertained and declared that this
OrdiD4nce is necessary to the public health, peace and safety and
an emergency is hereby declared to exist. This Ordinance shall
take effect and be in full force from and after its passage.
Passed this 28th

-....;:::,;:;..,::;.:'-- day 0f _J;:..un=e::..-.. __ , 1971.
Mayor -iW. W. Dickerson
Attest:
~G~
ecord - Wayne iIouse
33
)
ORDINANCE NO. 272
JAN ORDIN1lNCE !ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF

MOUNTAIN Hm-1E, .lUir~SAS, :AND MAKING SAME {A POffi.T
OF THE CITY OF MOUNTAIN HOME,
:ARKANSAS, 1\l\lD
ASSIGNING S:A.1VJE
TO W1lRDS.
Arkansas, by a majority of the real estate owners of the hereinafter
described territorJ, praying that said territory be annexed to and maae a
part of the City ofMountain Home, Prkansas, and
WHEREAS, on the 14th day of June. 1971, the County Courtof Baxter
County, Arkansas, found that said petition was signed by a majority of the real
estate m~ers in both number and ownership of acreage in said territory; that
said territory is contiguous and adjoining the present corporate limits of the
City of Mountain Home, Arkansas; that an accurate map of said territory showing
its relationship to the present City had been filed with and made a part of
said petition; that proper notice had been given for the time and in the
manner prescribed by law; and that said lands and territory should be annexed
to and made a part of the City of Mountain Home, Arkansas, subject to the
acceptance of the same by the City Council of said City at the proper time
as provided by law, and
WHEREAS, The time fixed by law for appealing from said order of annexation
made by the County Court has expired, and no appeal has been taken from said
order,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MOUNTAIN HOME, ARKANSAS,
Section1. That the following described lands and territory contiguous
and adjoining the City of Mountain Home, Arkansas, be, and the same is hereby
accepted as a part of and annexed to the City of Mountain Home, Arkansas:
All of Sylvan Hills, a subdivision, as shown by the recorded plat thereof.
Section 2. That the above described territory be, and is hereby
annexed to and made a part of Ward 2 of the City of Mountain Home, and the same
shall henceforth be a part of said Ward as fully as existing parts of said Ward.
PASSED this _1",,2.;;..t;:;;;.h,,--_

day of _J=...u=.;l:;:.,'T:....-
__ , 1971.
Attest:
34
ORDINANCE NO. 273
ORDINANCE AMENDING ORDINANCE NO. 163 -VUTH REF:&'tENCE

TO ZONING VUTHIN THE CITY LIMITS OF THE CITY OF
MOUNTAIN HOME, A...1tKANSAS,
RELATIVE TO CHANGING AREA
ZONED AS R-l to COMMERCIAL C-2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HO~lli,ARKANSAS:
a change in zoning; that said petitions were sub~tted to the Planning
Commission of the City of Mountain Home, Arkansas, that notice of said
having local circulation as required by Ordinance No. 163; that a public
hearing was held; that all remonstrances were heard, after whrch
the Planning Commission recommended that all property described herein-
after be rezoned.
IT IS THEP3FORE ORDmlNED BY THE CITY COUNCIL OF THE
CITY OF MOUNTAIN HOME, 1l.RKANSAS:
That the following real estae in Baxter County, ~rkansas,
be and is hereby rezoned from R-l to Commercial C-2, to-wit:
That part NW~ SEi, Sec. 10, Twp 19 N. R. 13 W., bounded

and described as follows: Begin at the NE corner of
said forty and run thence West 993 feet to a point, run
thence South 430~ feet to a point (said point being the SE
corner of the present Farris tract and the SWcorner of
the Fleming tract) this point being the point of beginning
of the lands herein conveyed; run thence East ~OO feet to
a point; run thence South 253 feet to a point; run thence
West 537 feet to a point; run thence North 228 feet to a
point; run thence East 311 feet to the point of beginning,
containing 2.9 acres, more or less.
ENACTED THE --.,.;2;::.;8;;;..;t;.:.h=--_ day of _....,;J...;UNE= , 1971, ffu'IJD
DECLARED EFFECTIVE FROM AND AFTER ITS PASSAGE.
ATTEST:
o R DIN A N C E N 0 "_-=2:;..!..7.:t4 _
1l.NORDINANCE TO COMBINE THE OFFICES OF CITY CLERK AND CITY TREASURER INTO
THE OFFICE OF CLERK--TF~ASURER, AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COlJNCIL OF THE CITY OF 110UNTAIN HOME,AR.KllNSAS:
Section 1. That the City Clerk of the City of Mountain Home, Arkansas,
and his successors in office, be designated as the Clerk-Treasurer, allowing
one person to assume the duties of both the City Clerk and Treasurer.
Section 2. The provisions of this Ordinance are severable. The
illegality, unconstitutionality or enforceability of any section, clause
or phrase hereof shall not affect the legality, constitutionality or
enforceability of any other section, phrase or clause.
Section 3. The provisions of this Ordinance being necessary to
the immediate protection of the health, safety and morals of the City of
Mountain Home, Arkansas, an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect from and after its
passage.
Passed ~nd approved this __~2~8~t~h~

__ day of ~J~un~e , 1971.
~c:4V~~l
1iPPR
r;;
..
all /
,O.VVEEy.'.l//I.,.
~~/ ....
Hayor
....
/.
./
//l
Attest:
/Jf)~7Zk~
~corder /
Statutory Authority: Ark. Stat. Anno. 19-1015.2

36
RESOLUTION NO. 275
A RESOLUTION TO ACCEPT CERTAIN PROPERTIES jl.l\INEXED

TO THE CITY
OF MOUNTAIN HOME, ARKANSAS BY ORDER OF THE B..AJCTER
COUNTY COURT,
AND FOR OTHER PURPOSES
vffiEREAS,JACK L. LONON, INEZ LONON, CLAUDE W. LONON AND BETTY J.
LONON, being all the owners of certain property hereinafter described,
did cause to be filed in the County Court of Baxter County, Arkansas,
their petition to have said lands and property arillexedto the said
city, and;
WHEREAS, the said owners of said property were joined in said
petition by a number of the residents on said property being greather
than a majority thereof, and;
~B&~AS, the said owners of said property desire that the City of
Mountain Home accept the area for a~nexation to the said City of
Mountain Home, Arkansas, zoned under the classification of l1commercial
C1.211, and it being, therefore, necessary for the said City of Mountain
Home, Arkansas, by and through its Council, to either accept or reject
the annexation upon the terms aforesaid before the court can take
further action herein.
NOW BE IT THEREFOF~ RESOLVED that the City of Mountain Home, Arkansas,
acting by and through its Council, in duly assembled regular session, does
hereby accept for annexation to the City of Mountain Home, ~rkansas, as
zoned IIcommercial C-2" the following described property in Mountain Home,
~rkansas, to-wit:
~ part of the Nwi SEi of Section 10, Township 19 North, Range 13

West, bounded and described as follows: Beginning at the NE corner
of said forty, run thence West 10~ chains to a point, continue
thence West 100 feet to a point, run thence South 263 feet to a
point of begirming, this being the SilTcorner of the T. C. Hutson
tract, continue thence South 413 feet to a point, run thence East
120 feet to a point, rlliLthence in a NE direction with the meanderings
of a ditch 153 feet to the SW corner of the Leonard Buchanan tract,
run thence in a NE direction with the Leonard Buchanan line
258 to the NW corner of the Buchanan tract, run thence East' along
the line dividing the Fisk and Buchanan lands, 2.4 chains, more or
less to the South boundary of Highway No.5, run thence in a Nor~~,st
direction along the South boundary of said highway to the NE corner
of the T.C. Hutson tract, which point is 151 feet, along said
highway East of a point that is 793 feet West of the NE corner of
the NW~ SEi section 10; run thence in a Southwest direction 253 feet,
more or less to the point of beginning, containing 4 acres,
more or less.
BE IT FURTHER RESOLVED: That the Clerk and Recorder for the
City of Mountain Home, Arkansas, deliver a copy of this resolution,

Resolution No. 275 Page 2
duly certified to the Clerk and ex-officio Recorder for Baxter
County, ArY4nsas, so that it maY be in.cluded in the records for
Baxter COW"ty, Arkansas; and that any further orders of the County
Court of Baxter County, Arkansas, v-ri

th regard to this matter may
declare the said property to be aIh~exed to the said City of
11ow"tain Home, Arkansas, zoned as IT commercial C-21l.
Passed and approved this 28th day of June, 1971.
ATTEST:
38
ORDINANCE NO. 276
ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE TO ZONING

WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS
RELATIVE TO CHANGING AREA ZONED AS
RESIDENTIAL R-l to CommercialC-2
ARKANSAS:
a change in zoning; that said petitions were submitted to the
Planning Commission of the City of Mountain Home, Arkansas; that
notice of said petition and a public hearing thereon was published
in a newspaper having local circulation as required by Ordinance
No. 163; that a public hearing was held; that all remonstrances
were heard; after which the Planning Commission recommended
that all property described hereinafter be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF IDUNTAIN HOME,
ARKANSAS:
That the following real estate in Baxter County, Arkansas,
be and is hereby changed in zoning from Residential R-l to
Commercial C-2:
That part of the st

of Sec. 8 and that part of the Nt
(if any) of Sec. 17, T~~ 19 N. Range 13 West, described
as follows:
From the t corner between Sections 8 and 17, run South

o deg. 25' 45" West 1201.07 feet to the North R/W line of
Fuller Street, run thence North 89 deg. 36' 15" East
723.46 feet to a point, run thence North 29 deg. 08'
East 1202.90 feet to the point of beginning, for the
tract herein described, run thence North 52 deg. 35' West
800 feet to a point, run thence North 37 deg.
25' East 400 feet to a point, run thence South 52 deg.
35' East 800 feet to a point, run thence South 29 deg.
08' West 400 feet, more or less, to the point of
beginning, containing 7 acres, more or less.
ENACTED THE 28th DAY OF JUNE, 1971 AND DECLARED EFFECTIVE
ATTEST:
Ordinance No. 277
ORDINANCE. AMENDING ORDINANCE NO. 163 WITH

REFERENCE TO ZONING WITHIN THE CITY LIMITS
OF THE CITY OF WOUNTAIN HOME, ARKft.NSAS,
RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL
TO COMMERCIAL C - 2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOUNTAIN HOME, ARKANSAS:
peti tion and a public hearing thereon .was published in a newspaper
hearing thereon was held; that all remonstrances were heard, after
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF WOUNTAIN HOME, ARKANSAS:
Part of the E~ NWt swt and part of ~v:' Net swt

of Section 4, Township 19 North, Range 13
West, described as follows:
Beginning 750 feet East of the Southwest corner

of Nv~ swt of Section 4, Township 19 North,
Range 13 West, run thence North 1320 feet to
North line of said forty; run thence East on
North line of forty 1098 feet to NW corner of
Ernie Gentry tract; run thence South 660 feet to
a point; run ~30 feet to a point; run South
80 feet to a point; run East 34 feet to a point;
run South 340 feet to a point; run West 70 feet
to a point; run South 120 feet to a point; run
West 75 feet toa point; run South 15 feet to
a point which is the Northeast corner of the
Max Nusch tract; run thence West 401 feet to
a point; run thence South 105 feet to South
line of Nwt s~t; run thence West 156 feet to
point of beginning_
ALSO that part of the Net swt of Section 4,

Township 19 North, Range 13 West, described as
follows: From the Southeast corner of sais Faty
run thence West along the South line thereof
1175.8 feet to a point, run thence North on a
line parallel with the East line of said forty
240 feet to the point of beginning for the tract
herein conveyed, run thence West on a line parallel
with the South line of said forty 12.2 feet to a
point, run thence North on a line parallel with
the East line of said forty 340 feet to a point,
run thence East on a line parallel with the South
line of said forty 34 feet to a point, run thence
North 80 feet to a point on the North line of the
st Net swt Section 4, run thence East along said
line 12.2 feet to a point, run thence South 80 feet
Ordinance # 277 page 2
to a point, run thence West on a line parallel with

the East line of said forty 340 feet to the point of
beginning. (A portion of this land may be included
in following description):
ALSO a 1/2 interest in the following described tract:

Beginning at the SE corner of the Net swt of Section
4, Township 19 North, Range 13 West, run West 56 rods;
run North 660 feet to a point; ruriWest 230 feet for
point of beginning; run thence South 80 feet to a
point; thence West 68 feet to a point; run thence North
80 feet to a point; run thence East 68 feet to point of
beginning, being the land on which Spring and Spring-
house are located.
Enacted the 26th day of July, 1971, and declared effective
ATTEST:
ORDINANCE NO. 278
ORDINANCE AMENDING ORDINANCE NO. 163

WItH REF ERENCE TO ZONING WITHIN THE
CITY LIMITS OF THE CITY OF MOUNTAIN
HOME, ARKANSAS, RELATIVE TO CHANGING
AREA ZONED AS RESIDENTIAL TO COMMERCIAL C-3
That a proper petition was filed by a property owner requesting
a change in zoning; that said petition was submitted to the Planning
was held; that all remonstrances were heard, after which the Planning
Commission recommended that all property described hereinafter be
rezoned.
A part of the NEt of the set of Section 8

and a part of the NVJi of the swt of Section 9,
all in Township 19 North, Range 13 West,
described as follows: From the one fourth
corner between Sections 8 and 9 run South
2 deg. 10' West 127.3 feet for a point of
beginning, thence North 88 deg. 30' West along
the South line of the Government Village,
667 feet to the center of Dyer Creek, thence
South 20 deg. East 85 feet along said creek,
thence South 50 deg East 265 feet to
creeK, thence down Dodd Creek in a general
Southeasterly direction 250 feet, more or
less, thence North 164 feet, to an iron
bar, thence East 233 feet to the center of
a road, thence North 15 deg. East with said
road 67 feet, thence North 52 deg. East 185
feet, thence, leaving said road, North 88 deg.
30' West 44 feet to a concrete marker at the
SE corner of the Government Village, thence
continue North 88 deg. 30' West 99 feet to
the point of beginning containing 4 acres,
more or less.
ENACTED THE 26th DAY OF JULY, 1971, AND DECL~D EFF ECTIVE
FROM P.ND .A.FTERITS PASSAGE. _. /: . Jk / ~I
APPROVED/;;;:U/;{h~~);;AJ!JJ-;0
W.W. DiCkerson, Mayor
ATTEST:
//
c> •
42
ORDINANCE NO. 279
ORDINA~CE MltENDING ORDINA~CE NO. 163 WITH REFERENCE

MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING
AREA ZONED AS R-l TO CONi.MERCIALC-3 '

ARKANSAS:
Planning Commission of the City of Mountain Home~ Arkansas; that
notice of said petition and a public hearing thereon was pub1ised
were heard, after which the Planning Commission recommended that
all property described hereinafter be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
be and is hereby rezoned from R-l to Commercial C-3, to-wit:
Lots 1, 2, 3, and 4 in AMERICAN LEGION
MEMORIAL ADDITION to the City of Mountain Home,
Arkansas, as shown by the recorded plat thereof.
ENACTED THE 9th DAY OF AUGUST , 1971, AND DECLARED
EFFECTIVE FROM AND AFTER ITS PASSAGE.
ATTEST:
RECORDER y p/
ORDINANCE NO. 280
AN ORDIN.A.NCEANNEXING PROPERTY CONTIGUOUS THEREWITH

TO WATER P.ND SEWER IMPROVBAENT DISTRICT NO. 3 OF THE
WHEREAS, persons claiming to be a majority in value of the owners of real
property hereinafter described, have filed a Petition inwritting, praying
that said property be annexed to Water and Sewer Improvement District No. 3
of ~buntain Home, Arkansas, for the purpose hereinafter set out, and;
WHEREAS, after due notice as required by law, the City Council of the
of Mountain Home, Arkansas, has heard all persons desiring to be heard and
NOW THEREFORE, be it ordained by the City Council of the City of I~untain
Home, Arkansas:
SECTION 1. There is hereby annexed to and made a part of Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas, the
The sEt NE.t; the NEt sEt; tha t part of the Nt st NEt NWt
and the N 3/4 N~JtNEt lying south of the northerly right-
of-way line of U.S. Highway No. 62; a strip of land along
the east side of the st NWt NEt measured 40 feet in width
from and running parallel to the east line of said st N~t
NEt; a strip of land along the east side of the swt NEt
measured 40 feet in width from and running parallel to the
east line of said swt NEt; a strip of land along the east
side of the Nvrt sEt measured 40 feet in width from and
running parallel to the east line of said Nlrt sEt, all be-
ing situated in Section 3, Township 19 North, Range 13 West.
All of the NWt swt of Section 2, Township 19 North, Range

13 West.
That part of the NEt NEt of said Section 3, and the NVft
Nvft and the svrt Nwt of said Section 2, lying south and west
of the following described line; Co~mencing at a point on
the northerly right-of-way line of U.S. Highway No. 62 and
60 feet east of the west line of said NEt NEt, Section 3 for
point of beginning; Thence South along a line 60 feet east
of and parallel to the west line of said NE~ NEt, Section 3,
a distance of 800' to a point on the northerly right of way
line of a proposed subdivision street, said point being the
point of curve of a 8 deg.-50' curve to the right (D=8deg.
50') and the SW corner of Elks Lodge 1714 property; thence
easterly along the northerly right of way line of said pro-
posed subdivision street and the 8 deg.-50' curve to the
right a distance of 290' to the SW corner of Lot 1, Phase I,
proposed Fairway Manor Subdivision; thence N. 16 deg.-28'
E. a distance of 90.65'; thence N. 24 deg.-04' E. a dis-
tance of 71.42'; thence S 58 deg.OO' E. a distance of 191.15'
thence.S 40 deg.-OO E. a distance of 86.73'; thence S. 70
deg.4l'oE. a distance of 567.35'; thence S. 59 deg. 21' E.
a distance of 97.25'; thence S. 84 deg.-37'-21 E. a distance
of 750.27'; thence S. 3 deg.-15' E. a distance of 306.14';
thence S. 2 deg.-OO W. a distance of 241.0'; thence S. 54
deg.-OO W. a distance of 89.19'; thence West a distance of
ORDINANCE # 280
Page 2
79.86'; thence S. 2 deg.-OO' W. a distance of 136.0'; thence

East a distance of 80.27'; thence S. 2 deg. -00' IN. a dis-
tance of 136.0'; thence N. 84 deg.-30· E. a distance of
763.25' to a point on the east line of svrt ~~, Section2
and point of ending, sai1 point being 626.0' north of the
SE corner of said swt NV(t. EXCEPT HOWEVER:
TRACT 2:
Part of the Et NEt and part of the NEt sEt Section 3, also
part of the swt Nwi and part of the NV.t Sv~ in Section 2,
all in Township 19 North, Range 13 West, bounded and des-
cribed as follows: Beginning at the WN corner of the NEt
NEt Section 3, run thence East 50 ft. to a point, run
thence South 960 ft. to the point of beginning for the
tract herein described; thence go 90 deg.-OO' E. 165 ft.
to point, thence S. 58 deg. E. 211.0 ft., thence S. 1 deg.
30' E. 2285.0 ft., thence 90 deg.OO· E. 1515.0 ft., thence N.
34 deg. 16' E. 580.0 ft., a curve of 280.0 ft. radius a
distance of 652.28 ft., thence S. 0 deg. 45' E. 907.0 ft., th
thence N. 87 deg. 57' W. 991.1 ft., thence S. 88 deg. 00' W.
1643.1 ft., thence N. 0 deg. 56' E. 2894.0 ft. to the point
of beginning, containing 57 acres, more of less.
District No. 3 of f~untain Home Arkansas, may deem to be in the best interest
of the district, and that the costs thereof be assessed and charged upon
the real properties hereinabove described as benefits thereto.
Section 2: The provisiions of this ordinance shall be severable, The
sentence or part hereof, shall not effect the validity, enforeceability,
or constitutionality of any other clause, phrase, or part hereof.
Section 3: There is an immediate need for constructing extensions to
existing sanitary sewer system and water systemm as the same now exists,
to serve the property within the boundaries hereinabove described. Therefore,
an emergency is hereby declared to exist, this ordinance being neces$ory
for preservation of the public health and safety, the same shall be in
Passed and Approved this 27th day of Sep tembetr, 1971. /-"\
APP ROVEr': / \ /
/ . / 1
ATTEST:
g):~lfkLr
q-
Mayor .
1(""
_"'7
·~ ..
ed/
/ /./
Recorder > /
ORDINANCE NO. 281
AN ORDINANCE FOR THE PURPOSE OF VACATING A PART OF THIRTEENTH
STREET AND A ROAD IN BRIARWOOD SUBDIVISION IN THE CITY OF
MOUNTAIN HOME, AP~ANSAS:
WHEREAS, a petition was duly filed with the City Council of the City of Mountain
Horne, Arkansas, asking the City Council to vacate and abandon all that portion
of land described as follows, to-wit:
Starting at the East right-of-way of Meadowbrook Street, as

platted, where Meadowbrook intersects 13th Street, as platted,
and runs East 275 feet, thence South 25 feet to a point, thence
East 159.7 feet to a point on the East r i qh't=o f-way of "A" Road,
thence South 25 feet to a point, thence West 407.6 feet to a point
on the East right-of-way of Meadowbrook, thence North 50 feet to the
point of beginning. Said described tract being 13th Street extended.
Starting at the East right-of-way of 13th Street, as platted, where

"A" Road intersects 13th Street and runs South along "A" Road
1279.9 feet a strip of land 25 feet wide. Said strip being "A" Road.
WHEREAS, after due notices as required by law, the Council has, at the time
on the question and has ascertained that the street and the portion thereof,
hereinabove described, have not heretofore been dedicated to the public
for use as a street; has not been actually used by the public generally;
and that the public interest and welfare will not be adversely affected
by the abandonment of such street or streets.
NOW THEREFORE, BE IT ORDP.INED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME,
ARKANSAS:
Section 1. The City of Mountain Horne, Arkansas, hereby releases, vacates

in and to the streets designated as follows:
Starting at. the East right-of-way of Meadowbrook Street, as platted,

where Meadowbrook intersects 13th Street, as platted, and runs East 275
feet, thence South 25 feet to a point, thence East 159.7 feet to a
point on the East right-of-way of "ft." Road, thence South 25 feet to a
point, thence West 407.6 feet to a point on the East right-of-way of
Meadowbrook, thence Nort h 50 feet to the point of beginning. Said
described tract being 13th Street extended.
Starting at the East right-of-way of 13th StEet, as platted, where

"An Road intersects 13th street and runs South along "AU Road 1279.9
feet a strip of land 25 feet wide. Said strip being "A" Road.
Section 2. A copy of this ordinance duly certified by the City Recorder

shall be filed in the office of the Recorder of the County and recorded in
the deed records of the County.
its passage.
PASSED AND APPROVED THIS THE 27th _.;::.S.;::.ep~t.;::.e:::.:m.;::.b.;::.e=-r

, 1971.
ATTEST: Mayor
.r: ... "-:-/

'LLL·"- c.( /"-':! .,,,.>/C~"";;?';1'i"'i{?..-
Delores Tapp , Clerk" ;/
ORDINA~CE NO 282
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THERE-

WITH TO WATER AND SEWER II~ROVEMENT DISTRICT NO.
3 OF THE CITY OF b~UNTAIN HOME, ARKANSAS
WHEREAS, persons claiming to be a majorl~y in value of the owners of real

property hereinafter described, have filed a Petition in ~Titing, praying
that said property be annexed to Water and Sewer Improvement Destrict No. 3
of Mountain Home, Arkansas, for the purpose hereinafter set out, and;
V'JHEREP.S,
after due notice as required by law, the City Council of the City
of Mountain Home, Arkansas, has heard all persons desiring to be heard and
NOW THEREFORE, be it ordained by the City Council of the City of Mountain

Home, Arkansas:
SECTION 1. There is hereby annexed to and made a part of Water and Sewer
Improvement District No.3 of the City of N~untain Home, Arkansas, the . Li
following described property, to-wit: " ""1i1 D
. t:J<::' [)
t,;
Lot s 1, 2 , 3, 4, 5 , 6, 7, 8, 9 , 10 , 11, 12 , 13 , 14 , 15 ,
16, 17, and 18 of Annex #1 to NORTHERN HILLS SUBDIVISION
as shown by the recorded plat thereof;
The South i of the Southwest t of the Southeast i of

The North t of the Southwest t the Southeast t of Sec-

tion 32, Township 20 North, Range 13 West;
The Northwest t of the Southeast t of Section 32, Town-

ship 20 North, Range 13 West; containing in the aggregate
80 acres, more or less.

District No.3 of Mountain Home, Pxkansas, may deem to be in the best interest
of the district, and that the costs thereof be assessed and charged upon the
real properties hereinabove described as benefits thereto.
SECTION 2: The provisions of this ordinance shall be severable. The

sentence or part hereof, shall not effect the validity, enforceability, or
constititionality of any other clause, phrase, or part hereof.
SECTION 3. There is an immediate need for constructing extensions to existing

sanitary sewer system and water system, as the same now exists, to serve the
property within the boundaries hereinabove described. Therefore, an emergency
is hereby declared to exist, this ordinance being necessary for preservation
of the public health and safety, the same shall be in full force and effect
Passed and Approved this __ ~2~2 day of November, 1971
Mayor /
(
ATTEST:
Recorder r: )./
OEDINP1\lCENO. 283
p~ ORDINANCE PROVIDING FOR SUPPLEMENTAL P~D ADDITIONAL

NOTICES TO BE GIV8~ IN CASE OF PETITIONS FOR VARIk~CES
FROM ZONING OpnINANCES AND/OR SPOT REZONING OF PROPERTIES
WITHIN THE CITY OF MOUNTAIN HOME, APKftNSAS, AND FOR
OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NDUNTAIN HOME

APKA1\lSAS:
SECTION 1. That in supplement and in addition to all other notices
that are or may hereinafter be required to be given in the case of an,
application for variance from the zoning law or for a change in zoning
classification of any property subject thereto, or which shall become
subject to such ordinances of the city of Mountain Home, Pxkansas,
relative thereto, there shall be conspicuously placed upon the property
to be acted upon a sign giving notice of the filing of the petition.
Said sign shall be placed on the premises at least fifteen (15) days
prior to any hearing on the matter and shall remain thereon until the
City Council of the City of Nbuntain Home, Arkansas, has taken final
action on the petition.
The sign shall be not less than five (5) feet by five (5) feet,
with a white background and a message in red letters of not less than
five (5) inches in height. The message shall be substantially as
follows;
NOTICE
A PETITION SEEKING THE SPOT REZONING
( OR VARIPJ'-JCE)
OF THIS PROPERTY
HAS BEEN FILED WITH
THE CITY OF ~~UNTAIN HOME, ARKANSAS
OBJECTIONS MAY BE NlP,DE
IN ACCORDANCE WITH THE THE ATTACHED PETITION
SECTION 2. The Manager of Municipal Affairs is authorized to

acquire such signs as he may deem necessary for use in such
situations, and shall be authorized to make the same available to
Peti tioners.
SECTION 3. There shall be charged upon petitions for changes in

zoning or variances, a fee of T"'rentYDol1ars{$20.00) for the use of
said sign and for other costs of the city incident to the petition.
All deposits now required are amended to conform to this deposit
schedule. Publication of the zoning or variance order shall be the
obligation of petitioner. He shall attend to placing the item for
publication, paying all publication costs directly, and obtaining
his proof of publication from the newspaper for filling with the city.
SECTION 4. In addition to a legal description of the property

all petitions for changes in zoning or variances shall, from the
effective date of the ordinance, contain a brief general description
of the property so that it may be reasonably identifiable. Such
description should include, for example, the general area of the
property, the street name and numerical address thereof, if available,
and a mention of any well known buildings or other well known objects
nearby.
SECTION 5. The Council determines that present notice being

given on such petitions is wholly inadequate, resulting in many
affected property owners not receiving effective notice of the
pendency of such peti tionsand. the City Council and its Boards and
Com~issions not being fully and completely advised as to objections
that might arise. Therefore, this Ordinance being necessary to the
orderly growth, the health and safety of the community, the Council
determines that a emergency exists and this Ordinance shall be in full
force and effect from and after its passage. Provided, however
provisions thereof shall not affect any petition filed prior to
December 1, 1971.
ORDINANCE 283 CONTIWJED
SECTION 6. The provisions of this Ordinance are severable Any

invalidity, unenforceability or unconstitutionality of any phrase, clause,
sentence or section hereof shall not affect the validity, enforceability
or constitutionality of any other phrase, clause, sentence or section
herein.

PASSED P~D APPROVED this 22 day of November, 1971.
Mayor /
,I
I
/
I
A.TTEST:
ORDINANCE NO. 284
AN ORDINANCE AMENDING ORDINANCE NO. 163.WITH REFERENCE TO ZONING WITHIN

THE CITY LIMITS OF THE CITY OF MOUNTAIN HON~, ABXANSAS, RELATIVE to
CHANGING AREA ZONED AS RESIDENTIAL R-l TO COW~ERCIAL C-2.
WHEREAS, proper petition was filed by Thaddeus B. Ostrowski and Marilyn B.

Ostrowski, the property owners, requesting a change in zoning of the real
property hereinafter described from Residential R-l to Commercial C-2 which
petition was submitted to the Planning Commission of the City of Mountain Home,
Arkansas, and, after publication of notice of the filing of said petition and of
public hearing thereon in a newspaper of general circulation in Baxter Co.,
Ark., as required by Ordinance No. 163, a public hearing was held at which no
remonstrance was made, after which the aforesaid Planning Commission recommended
that the said real property be rezoned;

1. That the following described real property situated within the city
limits of the city of Mountain Home, Arkansas, be, and it hereby is, changed
in zoning from Residential R-l to Commercial C-2, to-wit:
That part of the sEt of sEt of Section 5, Twp. 19 N. R. 13

West, bounded & described as follows: Beginning at the
intersection of the center line of State Highway No. 5 and
the North line of said 40, run thence N. 88 deg. 15' West
420 feet, run thence South parallel to Highway no 5, 210
feet, run thence East parallel to North Line thereof 420
feet to center of Highway, run thence North with the cen-
ter of said Highway to beginning point, containing 2 acres,
more or less.
PASSED AND APPROVED this 13 th day of December, 1971.
~.. fi/;jfot~.
Mayor W.W. Dicy:erson
/
I
ATTEST:
/' 1.-.:
RECORDER
ORDINANCE NO.~2~8~5~ _
AN ORDINP~CE NAENDING ORDIN~CE NO. 163 WITH REFERENCE TO

ZONING WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN
HOME, ARKP~SAS, RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL
R-l TO CO~,~RCIAL C-2.
WHEREAS, prower petition was filed by Emile J. Chevreaux and Eleene B.

Chevreaux, the prooerty owners, requesting a change in zoning of the real
property hereinafter described from Residential R-l to Com~ercial C-2
which petition was submitted to the Planning Commission of the City of
Mountain Home, Arkansas, and, after publication of notice of the filing of
said petition and of public hearing thereon in a newspaper of general circulation
in Baxter Co., Ark., as required by Ordinance No. 163, a public hearing was
held at which no remonstrance was made, after which the aforesaid Planning
Commission recommended that the said real property be rezoned;

1. That the following described real property situated within the city
limits of the city of Mountain Home, Arkansas, be, and it hereby is, changed
in zoning from Residential R-l to Commercial C-2, to-wit:
That Part of the sEt NEt of Section 4, Township 19 North, R.

13 West, bounded and described as follows: Beginning where
the line between the sEt NEt and the s~t
NEt Section 4, Town-
ship 19 North, Range 13 West crosses the center line of said
Hwy. 350 feet to a point, run thence North to the North line
of said Hwy. and to fence for a point of beginning, run thence
in a North or Northwesterly direction making .the fence the
line 159 feet, more or less to a point, run thence in a North-
westerly direction 156 feet to a point, run thence North 215 feet
toa point, run thence in an Easterly direction 172 feet to a
point, run thence in a Southerly direction 278 feet, more or
less, to the North line of Federal Hwy. #62, run thence in a
Southwesterly direction 129 feet, more or less, to the point
of beginning, containing 1.50 acres, more or less.
PASSED AND APPROVED this 13th day of December, 1971.
ATTEST:
~~
I ~/)o,
-; /
~/c
-C_'-..I-
c"-,/
r-. ),
/
RECORDER
ORDINANCE NO. -.=;;;-"----
286
ORDINAJIlCEMViENDING ORDINANCE NO. 163 WITH REFERENCE TO ZONING

'i!ITHINTHE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ,c,RKP]\IS.".S,
RELATIVE TO CHANGING AREf-,ZONED AS R-l TO COl'fu\1ERCL"L
C-2
be IT ORD;:,INEDBY THE CITY COUNCIL OF THE CITY OF ,\/iOUNTiUN

HOME, APJC·.NSAS:
That proper peTlTlons were filed by property owners requesting a change

in zoning; that said petitions were submitted to the Planning Co~~ission of
the City of Mountain Home, Arkansas; that notice of said petition and a
public hearing thereon was published in a newspaper having local circulation
as required by Ordinance No. 163; that a public hearing was held; that all
remonstrances were heard, after which the Planning Commission recommended
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF

That the following real estate in Baxter County, Arkansas, be and is

hereby rezoned from R-l to Commercial C-2, to-wit:
A part of the NWLt of SW~ of Section 4, Township 19 North,

Range 13 West, bounded and described as follows:
Beginning on me West side of the Mountain Home-Gainesville
Public Road (now Pigeon Creek Road), where said road crosses
the South line of the said Nwi SVf4 Sec. 4; run thence West 303
feet, more or less to the SE corner of the Jimmie Gibson tract,
which point is also 417 feet East of the SW corner of said
Nisi S'lJi; run thence North 210 feet to a point, run thence
East 303 feet, more or less to the West boundary line of said
Pigeon Creek Road, run thence South along said road 210 feet
to point of beginning.
ENACTED THE 20th DAY OF DECE~ffiER,1971, f-~D DECLARED EFFECTIVE

;\PPROVED:
ATTEST:
---~
'--/
--/
/,- .~ J f
RECORDER
ORDINANCE NO. 287
-=~---
AN OP~INANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH TO THE

lNHEREAS, persons claiming to be amajor i -r:yin value of the owners of real

property hereinafter described have filed a Petition in writing, praying that
said property be annexed to the City of Mountain Home, Arkansas, for the
purposes hereinafter set out, and
WHERE;S, after due notice as required by law, the City Council of the
City of Mountain Home, Arkansas, has heard all persons desiring to be
heard and has ascertained that said Petition was signed by persons owing
the majority in value of real property within said territory, and
WHEREAS, a Petition was filed in the County Court of Baxter County,

Mountain Home, Arkansas, and after a hearing in said Court an order was
taken on November 1, 1971, in which it was determined that due Notice of
Hearing on such Petition was published as required and that the Petition
was in proper order,

There is hereby annexed to and made a part of the City of Mountain

Home, Arkansas, the following described property, to-wit:
That part of the N~} N~~ Section 4, Twp. 19 North,

Range 13 West, described as follows:
From the SE corner of said forty, run thence West

232.5 feet to a point run thence North 20 feet
to a point of beginning for the tract herein described;
run thence North 0 deg. 40 min. East 1268.5 feet,
run thence West 660 feet to a point, run thence
South 664.5 feet, thence East 384 feet to a point,
run thence in a southerly direction 600 feet, more
or less, to a poiot 276 feet directly West of the
point of beginning, thence East 276 feet to the point
Passed and Approved this 27th day of December, 1971.
ATTEST:
Ci tY Recorder .
ORDINANCE NO. 288
AN ORDINANCE AMENDING ORDINANCE NO. 287 WITH REFERENCE TO ZONING

WITHIN THE CITY LIMITS OF THE CITY OF fuDUNTAIN HOME, ARKA~SAS,
RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-l TO RESIDENTIAL R-2
VffiEREAS,proper petition was filed by Quinton Nilson and Agnes Nilson,
the property owners, requesting a change in zoning of the real property
hereinafter aescribed from Residential R-l to Residential R-2, which
petition was submitted to the Planning Commission of the City of Mountain
Home, Arkansas, and, after publication of notice of the filing of said
petition and of public hearing thereon in a newspaper of general circulation
in Baxter County, Arkansas, a public hearing was held at which no remonstrance
was made, after which the aforesaid Planning Commission recommended that the
said real property be rezoned;
1. That the following described real property situated within the
city limits of the city of Mountain Home~ Arkansas, be, and it hereby is,
changed in zoning from Residential R-l to Residential R-2 to-wit:
That part of the Net NVri Section 4, Twp. 19 North,

From the SE corner of said forty, run thence West

232.5 feet to a point, run thence North 20 feet to
a point of beginning for the tract herein described;
run thence North 0 deg. 40 min. East 1268.5 feet,
run thence West 66~ feet to a point, run thence
South 664.5 feet, thence East 384 feet to a point,
run thence in a southerly direction 600 feet, more
or less, to a point 276 feet directly West of the
point of beginning~ thence East 276 feet to the point
PASSED AND APPROVED this 14th day of February, 1972.
ATTEST:
I Recordef
ORDINANCE NO. ---..::2::;::8:,.::.9
__

TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3
OF THE CITY OF MOUNTAIN HOME, ARKANSAS
property hereinafter described, have filed a Petition in writing, praying that said
property be annexed to Water and Sewer Improvement District No.3 of Mountain Home,
Arkansas, for the purposes hereinafter set out, and;
of W~untain Home, Arkansas, has heard all persons desiring to be heard and has
ascertained that said Petition was signed by persons owning the majority in value
of real property within said territory;
NOW, THERRFORE, be it ordained by the City Council of the City of Mountain, Home,
Arkansas:
Section 1. There is hereby annexed to and made a part of Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas~ the following
described property, to-wit:
That part of the NEt NV~ Section 4, Twp. 19 North, Range 13 West,
described as follows:
From the SE corner of said forty, run thence West 232.5 feet to a
point, run thence North 20 feet to a point of beginning for the
tract herein described; run thence North 0 deg. 40 min. East
1268.5 feet, run thence West 660 feet to a point, run thence South
664.5 feet, thence East 384 feet to a point, run thence in a southerly
direction 600 feet, more or less, to a point 276 feet directly West
of the point of beginning, thence East 276 feet to the point of
beginning, containing 13.85 acres, more or less.
for the purpose of constructing extensions to the existing sanitary sewer system
and water system as the same now exists to serve the property within the
boundaries of the territory hereinabove described, in such manner and with such
materials as the Commissioners of Water and Sewer Improvement District No.3
of Mountain Home, Arkansas, may deem to be in the best interests of the district,
and that the costs thereof be assessed and charged upon the real properties
hereinabove described as benefits thereto.
Passed and Approved this 14th day of February, 1972.
]\flAY OR
)'
Attest:
CIty Recorper'l
ORDINANCE NO. 290
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH RESPECT TO AREA RE-ZONED
That proper petitions were filed by property owners requesting a change in

zoning; that said petitions were submitted to the Planning Commission of the
City of Mountain Home, Arkansas; that notice of said petition and public
hearing thereon was published in a newspaper having local circulation as
required by Ordinance No. 163 on the posting of notice on subject property
in accordance with Ordinance no. 283; t~at a public hearing was held; that
all remonstrances were heard, after which the Planning Commission recommended
That the following real estate in Baxter County, Arkansas, be and is hereby
changed in zoning from Residental R-l to Commercial C-2; That part of the
wtsEt Sec 4, Twp 19, N, R 13 W, bounded and described as follows:
Beginning on the N right-of-way line of U.S. No. 62~ at a point
3 ft N of Electric Light Pole, at a corner post on division line
fence between the lands of Ira Phillips and Ella Russell, Run
thence in a general westerly direction with said fence 129 ft.
to a point, thence E to ditch line of U.S. Hwy No. 62, thence SW
with ditch line of said Hwy 30 feet more or less to point of
beginning.
All that pt of the N~t N\f\~Et and all that Pt of the N~~tN1JvtSEt
Sec. 4, Twp. 19 N., R. 13 W. which lies and situated North of U.S.
Hwy No. 62 and Sand W of the center of Hogan Spring Branch, containing
one acre, more or less.
tNACTED THE 28th DAY OF FEBRUARY, 1972. AND DECLARED EFFECTIVE FROM
APPROVED:
MAYOR W.W./Dickerson
ATTEST:
RECORDER ~ene1ope(R. Feist

ORDINANCE NO. 291
AN ORDINANCE AMENDING ORDINANCE 163, WITH RESPECT TO AREA

RE-ZONED

ARKANSAS:
local circulatioh as required by Ordinance No. 163 on the posting of
notice on subject property in accordance with Ordinance No. 283; that
a public hearing was held; that all remonstrances were heard, after
ARKANSAS:
That the following real estate in Baxter County, Arkansas, be
and is hereby changed in zoning from R-l to C-2:
Two (2) acres lying in the Northwest Corner of the Nwt

swi Section 10, Tounship 19 North, Range 13 West, bounded
and described as follows: Beginning at the mv corner
of said forty and running East 18 rods to the Channel
of the creek; thence South with the meanderings of said
creek 18 7/8 rods to a stone; thence West 18 rods to
a stone; thence North 18 7/8 rods to the place of begin-
ing in Baxter County, Arkansas~
ENACTED THE 28th DAY OF FEBRUARY, 1972, AND DECLARED EFFECTIVE

APPROVED:
I~YOR W.W/DICKERSON
ATTEST:
RECORDER/ PENELOPE R. FEIST

58
ORDINANCE NO. 292
AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY

AND BETVvEEl'.JTHE CITY OF MOUNTAIN H01\1E, ARKANSAS I
AS LESSOR AND TRAVENOL LABORATORIES! INC.

I l~S LESSEE I I
IN SUBST..l\NTIALLY THE FORNI AND WITH SUBSTANTIALL'{ THE

CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDIN-
ANCE; AUTHORIZING THE EXECU'J.'ION AND DELIVERY OF THE
LEASE AND AGREElvIENT; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY
BE IT ORDAINED by the City Council of the City of Mountain Home I
Arkansas:
Section 1, That there be I and there is hereby authorized the execution
and delivery of a Lease and Agreement where in the City of Mountain Home I
Arkansas (the "Ci ty ") is Lessor and Travenol Laboratories J Inc. I a Delaware
,corporation (IlTravenol") is Lessee I in substantially the form arid with substan-
ti.al ly the contents hereinafter set forth I and the Mayor and Ci ty Clerk be J and
they are hereby, authorized to execute I acknowledge and deliver the Lease and
Agreement for and on behalf of the City. The form an.d contents of the Lease
and Agreement, which are hereby approved and which are made a part hereof,
shall be subs tantially as follows:

LEASEAND AGREEMENT
This LEASEAND AGREEMENTmade as of this first day of March, 1972,
by and between the CITY OF MOUNTAIN HOME, ARKANSAS("Lessor") and TRAVENOL
I)l.BORATORIES,INC. t a corporation organized under and existing by virtue of the
laws of the State of Delaware, but authorized to do business in the State of
Arkansas ("Lessee"):
WHEREASLessor-is a duly organized and existing municipality, a City
of the first cla-ss, under the laws of the State of Arkansas with full and lawful
power and authority to enter into this Lease and Agreement, acting by and through
its City Council; in the public interest and for a public purpose, in securing and
developing industry { providing employment and adding to the welfare and prosperity
of the Le s sor and its inhabitants, all pursuant to the provisions of Act No. 9 of
the First Extraordinary Session of the Sixty-Second General Assembly of the State
of Arkansas f approved January 21, 1960, as amended ("Act No.9"); and
WHEREASLessee is authorized under its Certificate of Incorporation
and By-Laws and under the laws of the State of its incorporation to enter into
this Lease and Agreement and to perform all covenants and obligations on its part
to be performed under and pursuant to this Lea se and Agreement; and
WtiEREAS Lessee is not prohibited under the terms of any outstanding
trust indentures, deeds of trust, mortgages, loan agreements or other instruments
or evidences of indebtedness of whatever nature from entering into this Lease
and Agreement and discharging and performing all covenants and obligations
on its part to be performed under and pursuant to this Lease and Agreement and
affirmatively so represents to Lessor; and

WHEREASthe Lessor owns certain lands in Baxter County I Arkansas I
described on Exhibit B hereto I and has heretofore constructed and equipped
manufacturing facilities thereon which were leased by Lessor to Baxter Laboratories, Inc.
by a ~,?ase and Agreement dated as of April 16 I 1963 (the" 1963 Lease Agreement"),
with the Project there involved (the "original Project") having been financed by
the City issuing Industrial Development Revenue Bonds in the principal amount of
$2,500,000 (the "1963 bonds") secured by a Trust Indenture by and between the
City and Worthen Bank & Trust Company dated as of April 1, 1963 (the "1963
Indenture"); and
WHEREASBaxter Laborator ie s , Inc vbe s assigned its right, title and
interest in the 1963 Lease Agreement to Lessee and Lessee is presently operating
the original Proj ect; and
WHEREASthe operations of Lessee in the original Project have developed
to the point that a substantial expansion is necessary and arrangements have been
made by the Lessor and Lessee for the constructing and equipping of additional
manufacturing buildings on the land involved in the original Project and on certain
land adjacent thereto (the "New Project I land") and the aoquir inq and installing
of rnachtrery, equipment and facilities (referred to as "New Project I"); and
WHEREASno provisions were included in the 1963 Lease Agreement or
the 1963 Indenture for a withdrawal of lands from the 1963 Lease Agreement or a
release of such lands from the lien 01 the 1963 Indenture with the result that the
permanent i-mprovements constructed as part of the expansion facilities on the
1963 land will become subject to the 1963 Lease Agreement and the lien of the
1963 Indenture; and
WHEREASthe Lessor proposes to finance the New Project I and necessary
costs and expenses incurred in connection therewith and in connection with the
authorization and issuance of bonds, by the issuance of Industrial Development
Revenue Bonds under Act No.9 in the principal amount of not to exceed Five
Million Dollars ($5,000,000) (the "bonds"); and

WHEREASthe bonds are being sold and issued in series I with there
being initially is sued- Series A in the principal amount of $ 3 1300 I 000 I and
whenever the unqualified word "bonds" appears herein the reference shall be to
all bonds r regardless of series; and
WHEREASit is the purpose of the Lessor and the Lessee in this agreement
to set forth certain provisions pertaining to the cons tructing and equipping of New
Project I, the payment of rentals sufficient to cover debt service on the bonds (even
though a portion of the bond proceeds will be devoted to accomplishing facilities
which will become subject to the 1963 Lease Agreement and to the lien of the
1963 Indenture) and to set forth the terms and conditions of the leasing of the New
Project I land, improvements and machinery and equipment involved in New 'Project
I which is not I and will not be I subj ect to the 1963 Lease Agreement or the lien of
the 1963 Indenture; and
WHEREASLessee is a wholly-owned subsidiary of Baxter Laboratories I Inc. I
a Delaware corporation ("Baxter") and Baxter has agreed to unconditionally guarantee
performance by the Lessee of its obligations under this Lease and Agreement by an
instrument identified as the "New Project I Guaranty _Agreement"; and
WHEREASBaxter is authorized under its Articles of Incorporation and Bylaws
and under the laws of the State of its incorporation to enter into the New Project I
Guaranty Agreement and to perform its covenants and obligations thereunder and
Baxter is not prohibited under the terms of any outstanding trust indentures I deeds
of trust, mortgages, loan agreements or other instruments or evidences of indebtedness
of whatever nature from entering into the New Project I Guaranty Agreement and dis-
charging and performing all covenants and obligations of its part hereunder and has
affirmatively so represented to Lessor;
NOW, THEREFORE for valuable

I consideration receipt of which is hereby
acknowledged by Lessor and Lessee I and in consideration of the mutual benefits
and covenants herein contained, Lessor and Lessee AGREEas follows:

ARTICLE 1
DEFINITIONS
Section 101. In addition to the words and terms e l sewhere defined
in this Lease and Agreement, the fol low inq words and terms as used in this
Lease Agreement shall have the fol Iow iriq meanings unless the context
clearly indicates a different meaning or intent:
"Act No.9" - Act No ,. 9 of the First Extraordinary Session of the
SiXty-Second General Assembly of the State of Arkansas f approved January 21,
1960, as amended. I
"bonds" - The City of Mountain Horne , Arkansas Indus trial Development

. -
Revenue Bonds - Travenol Project - New Project I, issued under and secured
by the Indenture, authorized in the total principal amount of $5,000,000, but
to be delivered in aeri.e s from time to time.
"Series A Bonds" - One of the initial series of bonds being issued
under and secured by the Indenture in the princjpal amount of $3,300 ,000.
"Bond Fund" or "Mountain Home, Arkansas '1972 Industrial Development
Revenue Bond Fund - Travenol Project - New Project I" - The fund created by
Section 501 of the Indenture into which the moneys specified in Section 502 of
the Indenture are to be deposited and out of which disbursements are to be
made for paying the principal of and interest on the bonds in the manner and
for the purpose specified in Article V of the Indenture.
"Construction Fund" or "Industrial Development Revenue Bond Construction

-
Fund - Travenol Project - New Project I" - The fund created by Section 601
of the Indenture into which the portion of the proceeds of the sale of the bonds
specified in Section 601 is to be deposited and out of which disbursements are
to be made for Project costs in the manner and for the purposes specified In
Article VI of the Indenture.

"Inde nture " or "Trust Indenture" - The Trust Indenture between the
City and the Trus tee I of even date herewith I which is recorded in the office of
the Circu~t Clerk and Ex-Officio Recorder of Baxter County I Arkansas and whi ch
sets forth the details pertaining to the bonds I the nature and extent of the
security and the rights I duties and obligations of the City I the Trustee and the
holders and regis tered owners of the bonds and the terms under which the bonds
are secured.
"Leas e Agreement" - The within Lease Agreement between the City as
Lessor and Travenol Laboratories I Inc. as Lessee.
"leased premises" - The lands I buildings I improvements and machinery
and equipment covered by the Lease Agreement and defined in Section 3 01 of the
Lease Agreement.
"lease term" or -"term" - The initial term of the Lease Agreement set
forth in Section 3 02 plus any extension or renewal terms purs uant to the provis ions
of Section 2001 hereof.

-
"Lessor's machinery and equipment" - The machinery and equipment
owned by Lessor and leased to Lessee by this Lease Agreement and specifically
defined in Section 301 (d) of this Lease Agreement.
"Les s ee" - Travenol Labora torie s I Inc. f a Delaware corpora t ion I and
any assignee that assumes the obligations of the Lessee pursuant to the provisions
of this Lease Agreement.
"Authorized Lessee Representative" - The person at the time designated
to act in behalf of the Lessee by written certificate furnished to the Lessor and
the Trustee containing the specimen signature of such person and signed on behalf
of the Lessee by the president or any vice president of the Lessee. Such
certificate may designate an alternate or alternates.
"Authorized Lessor Representative" - The person at the time designated
to act in behalf of the Lessor by written certificate furnished to the Le s see and
the Trustee containing the specimen signature of such person and signed on behalf
of the Lessor. Such certificate may designate an alternate or alternates. Such

person shall be satisfactory to the Lessee and shall be replaced by the Lessor
upon written reques t of the Lessee.
"Baxter Laboratories" or "Guarantor" - Baxter Laboratories / Inc. / a
Delaware corporation and Guarantor under the New Project I Guaranty Agreement
wherein Baxter Laboratories guarantees the prompt performance of all obligations
of the Lessee under the Lease Agreement.
"New Project LGuaranty Agreement" - The Guaranty Agreement described
in Section 409 of the Indenture and which is the Guaranty Agreement wherein Baxter
Laboratories guarantees the prompt performance of all obligations of the Lessee
under the Lease Agreement.
"Project" or "New Project II! - The lands / buildings / improvements and
machinery and equipment embodied in and pertaining to the industrial project
constituting the leased premises and leased to Travenol Laboratories / Inc. under
this Lease Agreement.
"Trustee" - The Trustee for the time being I whether original or successor /
with the original Trustee Commerce Union Bank, Nashville / Tennessee. The Trustee
is als 0 the Paying Agent.
Section 102. VITordsof the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders.
Unless the context shall otherwise indicate, words shall include the plural,
as we ll as the singular I number.

!.J,RTICLE
II
CONSTRUCTINGAND EQUIPPING OF PROTECT
Section 2010 Prior to the delivery of the Lease Agreement the
Lessee has undertaken the constructing and equipping of New Project I by
entering into a construction contract and by acquiring or ordering machinery and
e qutpment , The Lessee shallbe reimbursed out of the Construction Fund
.for all expenditures -theretofore made by it in connection with the constructing
and equipping of New Project L After Lessee has been reimbursed, all pay-
ments necessary to complete New Project I shall be made out of the Construc-
tion Fund. Title to all machinery and equipment paid for out of the Construction
Fund (either by direct payment or by virtue of reimbursement to the Lessee)
shall be transferred to the Lessor. After the bond proceeds are available, the
Les sor agrees to execute any contracts or to place any purchase orders, in
accordance with requests of the Lessee I necessary to complete the Project,
subject to the provisions of Section 203 hereof limiting the obligations of the
Le s s or to the extent of mone ys in the Cons tructron Fund.
Lessee I with the cooperation of Lessor when necessary t shall obtain
all necessary approvals from any and all governmental agencies requisite to
the constructing and equipping of New Project L and New Project I shall be con-
structed and equipped in compliance with all State and local laws t ordinances
and regulations applicable thereto. Lessee may amend r modify t authorize or
undertake any changes t alterations t extras or additions to or from such
contracts. All requests r approvals and agreements required on the part of
Lessor and on the part of L,essee shall be in writing r Signed by a duly
designated representative of the party making such request, granting such

approval, or entering into such agreement. The Lessor and Lessee she Il ,
concurrently with the delivery of this Lease and Agreement, notify each
other of the representative of each. It is agreed that each party may ha ve
more than one representative and may change the representative or represent-
atives from time to time r with each such change to be in writing forwarded
to the other party. The representative of each party so designated shall be
authorized to enter Into a~9 execute any contracts or agreements or to grant
any approvals or to take any action for and on behalf of the party hereto
represented by him F and the other party to this agreement shall be entitled
to rely upon the duly designated representative as having full authority to
bind the party hereto represented by him.
Section 202. Lessor and Lessee agree that the necessary steps shall
be taken to see that there is in full force and effect at all times during the
constructing and equipping of New Project I the usual insurance coverage appli-
cable to similar construction projects I all of which shall be subject to the prior
written approval as to amount and companies by the Lessee and which shall be
made payable to the Lessor and the Lessee as their interests may appear and with
a standard mortgagee payment clause payable to the Trustee as its interest may
appear.
Section 203.. Costs incurred by Lessor and Lessee in discharging its
obligations under Section 20 I hereof and in other sections of this Article I shall
be referred to as II Project costs" and it is agreed that the Project costs will not
exceed the available proceeds received from the sale of the bonds, or any series
thereof if less than the total authorized principal amount has been delivered and
that if the Project costs should 'exceed said amount: New Project I will be completed,
and the Lessee hereby agrees to pay the entire amount of any such excess. Project
costs, as that term is used in this Lease Agreement, shall include all costs and expenses
of every nature incurred by Lessor and Lessee in accomplishing New Project I, all
costs and expens e s incidental thereto f and all costs and expenses incurred in con-
nection wi th the issuance of the bonds, including I without limitation, the fol Iowi nq r
(1) All amounts paid by Lessor or Lessee in discharge of their obligations under
Section 201 hereof I including without limitation r all amounts paid under all
construction r engineering F architectural or other contracts;
(2) All amounts paid for extras r changes or additions agreed
to by Lessor and Les see.Jn accordance with the provisions of Section 201;
(3) AU payments incurred in acquiring machinery, equipment and
other personal property and paying premiums for insurance coverage in
connection therewith as specified in Section 201 hereof;
(4) All costs and expenses incurred in installing machinery r equip-
ment and other personal property in the building;
(5) All amounts necessary to reimburse Lessee for any work performed,
materials purchased or expenditures incurred by Lessee pertaining to or in
connection with the Proj ect , including I without limitation, the charges of
--
any architects or engineers retained by Lessee to prepare plans I specifi-
cations and drawings for the Proj ect , the cost of architectural or other
supervisory personnel in connection with the construction of the building and
the charges of any surveyors or engineers employed to make plans, or conduct
tests or analyses, with respect to the land.
(6) Any cost or expense, not othervvise provided for he re in , incurred
by Lessor- under and pursuant to the provisions of this Article II pertaining to the
constructing and equipping of the Proj ect;
(7) The cost of any policy or policies of title insurance, if requested
by Les s eo , and the cost of any performance bonds and insur~ll1ce procured in
connection with the constructing and equipping of the Project; and
(8) Such other additional fees I costs I expenses and expenditures
of whatever nature incidental or pertaining to New Project 1, including Trustee IS

fees and expenses and Paying Agent's fees r as may from time to time be agreed
upon in writing by Lessor and Lessee in accordance with the provisions of
Section 201 hereof and other sections of this Article II as constituting part of
the Proj ect costs.
It is undcr s toou, t hat the electors of Lessor have aut ho rf z cd the
1"c""\'l)1Ceof
.-j",'
l.. c. not to exceed $5/000(000 in pr.inc i pa l amount of bonds and that
the initial issue is to be -de s iqnate d "Series AI! and is to be in the principal
amount of $3,3_00,000 which will leave the balance of the total authorized issue
to be issued in series from time to time in the future. Lessor agrees t he t it will
execute and de lrver from t ime to time ( pur sua nt to the written reque st of the
Lessee, additional series of bonds of said total authorized principal arnount , and
the Lessee shall have and hereby assumes full responsibility for finding purcha s ers
for said additional bonds. Such additional bonds shall be issued in accordance
wrth and pursuant to the conditions set forth in the Trust Indenture perte i ni nq
thereto.
It is agreed that the sale proceeds shall' be deposited in a Construc-
lion Fund to be established pursuant to the prov.is ions of the Trust Indenture.
It shall be provided In the Trust Indenture (and Lessor agrees to cause
appropriate provisions to be made therein) that the moneys in the Construction
fund shull be expended solely for the payment of the Project co s t s . Disburse-
, ments shall be made from, the Construction Fund in accordance with the pro-
visions of the Trust Indenture perte ining thereto. Any amount rem ainin-;; in
the Construction" Fund after payment of all Project costs shall be transferred to
and deposited in the Bond Fund pursuant to the provisions of the Trust Indenture.
Section 204. Le s sor covenants that the Lessee I upon paying the rentals
and performing all covenants, obligations and agreements on the part of Lessee
to be performed under this Lease and Agreement, shall and may peaceably and
quietly ha ve, hold and enjoy the leased premises for the term of the Lease Agreen'cnt.
Section 205. A. Lessor covenants that it will take any action and
institute any proceedings requested by Lessee to cause and require all
controctors and mut er.ia l s upp l i cr s to complete their cont.ro ct s diligently in
accordance with the terms of said contracts, including, w it ho ut Iim ttat ion , the
correcting of any defective work, with all expenses mcurrcdoy Lessor in con-
ncction with the performance of its obligations under tbis Section 205 may be
considered part of the Project costs as defined in Section 204 I and Lessor
agreqs that the Les see may I from time to time I in its own name I or jn the
name of the 'Les sor , take such action as may benecesscHY or advisable, as
-
determined by Lessee, to insure the construction of New Project I in accordance
with the terms of the construction contract and the Jns tal lut ion of machinery
and equipment in accordance w it h any appl icab l e contract pertaining thereto I
to insure the peaceable and quiet enjoyment of the leased premises (as here-
af tor d effned) for the term of the Lease Agreement, and to insure the per-
forrnunce by Lessor of all cov cna nt s and obligutions- of Lcs sor under this LC6[3e
Agreement. All costs and expenses incurred by Lessee in connection therewith
may be considered part of the Project cos ts as defined in Section 203.
B. If requested by Lessee l Lessor will assign and extend to Lessee
any vendor's warranties received by Les sor in connection with machinery and
equipment purchased by Lessor for New Project II together with any warranties
given by contractors, manufacturers or service organizations who perform con-
struction work or install any machinery and equipment on the leased premises
(as hereinafter defined). If requested I Lessor will execute and deliver instruments
of a s stqnment to Lessee to accomplish the foregoing.

ARTICLEIII
DEMISING CLAUSES! DURATION OF LEASETERJ'\1AND RENTALPEOVISIONS
SecUon 301. Lessor, for and in consideration of the rents I covenants
and agreements herein reserved, mentioned and contained, on the part of Lessee
to be paid! kept and perfonned, agrees to and does hereby lease to Lessee, and
Lessee agrees to, a nd does hereby leas e I take and hire from Lessor, subj ect to .
the terms I conditions and provisions of this Leas e and Agreement expres s ed the
following:
(a) The land situated in Baxter County l Arkansas I described in
Exhibit A attached hereto (the II New Proj ect I land 1I);
(b) The buildings I structures and other improvements now or at any
time hereafter erected and installed on the New Project I land;
(c) All accretions I easements, rights of way and appurtenances belong-
ing or in any wise appertaining to the New Project I land and/or the improve-
ments described in (a) and (b) above; and
(d) All machinery I equipment and other personal property of every kind
and nature whatever acquired by Lessor and paid for out of the Construction Fund
and placed on or in the 1963 land, the New Project I land or improvements thereon,
or elsewhere, including I without limitation, all replacements and substitutions
which become the property of the Lessor pursuant to the provisions of this Lease
and Agreement. All such machinery / equipment and other personal property shall
be identified in a ledger, one copy of which s hall be filed with the Trustee and
-
one copy maintained by Les see on the leased premises (as hereinafter defined)
and shall be marked by an appropriate tag I or other device, a s being the property
of the Lessor. The said machinery, equipment and other personal property leased
hereby shall be referred to herein as "Le s sor' s machinery and equipment. "
The properties described in (a), (b) I (c) and (d) above are herein
collectively referred to as the "leased premises."

TO HAVEAND TO HOLD the leased premises unto the Lessee for the
term of this Lease and Agreement as hereafter set forth.
Section 302. The term of this Lease and Agreement shall commence as
of March 1, 1972 I and s hall end at midnight on I\1arch 1 f 1992.
Section 303. (a) Ba sic Rent,
(l) Les s ee cov~?ants to pay to Les sor, in the manner hereinafter pro-
vided in Section 304, b_asic annual rent as follows, payable semiannually on
the dates and in the amounts indicated:

Bl\SIC RENT SCHEDULE
August 15, 1972 $ 92,782.50
February 15, 1973 187,782.50

Al:lgust 15 1973
I 89,932.50
February 15, 1974 189.932.50

August 15, 1974 86,932.50
February 15, 1975 191,932.50

August 15, 1975 83,782.50
February 15, 1976 193,782.50

August 15 1976
I 80,482.50
February 15, 1977 195,482.50

August. 15, _1977 77,032.50
F_ebruary 15,1978 202,032.50

August 15, 1978 73,282.50
February 15, 1979 203,282.50

August 15 1979
I 69,382.50
February 15, 1980 209,382.50

August 15, 1980 65,182.50
February 15, 1981 210,182.50

August 15, 1981 60,832.50
February 15, 1982 210,832.50

August 15, 1982 56,332.50
February 15, 1983 - 216,332.50

August 15,1983 51,532.50
February 15, 1984 221,532.50

August 15, 1984 46,432.50
February 15, 1985 226,432.50

August 15, 1985 41/527.50
February 15, 1986 231/527.50

August 15, 1986 36/777.50
February 15/ 1987 236/777.50

August 15, 1987 31,677.50
February 15/ 1988 241,677.50

August 15, 1988 26,217.50
February 15, 1989 241,217.50

August 15, 1989 20,520.00
February 15, 1990 255,520.00

August 15, 1990 14/175.00
February 15, 1991 264,175.00

August 15/ 1991 7/425.00
February IS, 1992 282,425.00
The above basic rent payments shall be reduced by the amount of any
moneys in, or credits to, the Bond Fund established pursuant to the provisions of
the Indenture on each basic rent payment date from any other sources whatever I
including deposits or credits pursuant to any provisions of this Lease Agreement

and pursuant to any provisions of the Trust Indenture.
In the event a basic rent payment falls on a non-banking day of the
Trustee r the ba s ic rent payment involved shall not be due and payable until
the time of opening for business on the next succeeding day thereafter that is
a banking day.
It is understood that of the $5 {OOO

1000 in principal amount of bonds
of the City authorized for the purpose of financing the Project costs as afore-
said/ only $3,300,000in principal amount are being initially issued. It is
hereby agreed that when additional bonds of said total authorized principal
amount are issued and delivered t a Supplemental Lease Agreement will be
executed and delivered by and between the Lessor- and Lessee increasing the
basic rent above set forth in the amount necessary to provide for the debt
service requirements on the bonds additionally issued and inserting any other
provisions necessary or desirable in connection with the issuance of the
additional bonds. It is further agreed that the execution and delivery of such
Supplemental Lease Agreement or Agreements I as afore said r by the officials
of the Lessor and of the officers of the Lessee is expressly authorized/ and
additional action to authorize the same on the part of the governing body of
the Lessor or on the part of the Board of Directors of the Lessee is not neces sary .
(2) If', during any year while any of the bonds shall be outstanding I
the above specified basic rent shall be insufficient to pay the principal of I
premiums t if any t and interest on the bonds as the same become due I the amount
of the insufficiency shall be paid by the Lessee as additional basic rent. If
at any time the amount in the Bond Fund t hereinabove referred to and hereafter
described in Section 3 04, is sufficient to pay in full the principal of premiums I
if any I interest on and any redemption expenses in connection_ wi the l l of the
outstanding bonds I then no further basic rent shall be payable hereunder t and
any funds which are then held in the Bond Fund and are in excess of the amount
required to pay in full the principal of I premiums I if any r interest on and any
redemption expenses in connection with all outstandi:ng bonds I shull be refunded
to Lessee as excess rent.

. (b). lI.dditioJ101 Rent. During the term hereof, Lessee s ho l l pay as
additional rent the Paying Agent's fees and expenses and churges payable to the
Trustee, as provided in the Trust Indenture, and all impositions (as defined in
Section 401) I expenses I liabilities, obliga Hans and other payments of wha te ver
nature which Lessee has agreed to payor assume under the provisions of this
Lease Agreement. If at any time any amounts paid by Les see as additional rent
hereunder are or become in excess of the amounts required for the purpose for
which they were paid, such excess amounts shall be refunded to the Lessee.
(c) So long as any of the principal of or interest or premium, if any, on
the bonds shall be outstanding and unpaid, or until payment thereof has been duly
provided for, Lessee's obligation to pay basic rent and the additional rent shall
be absolute and unconditional and the basic rent and the additional rent shall be
certainly payable on the dates or at the times specified without notice or demand,
and without abatement or set-off, and regardless of any contingencies whatsoever,
and notwtths tandtnc any circumstances or occurrences that may now exist or that
may hereafter arise or take place, including, but without limiting the generality of
the foregoing:.
(1) The unavailability of the Project or Lessor's machinery and
equipment, or any part thereof, for use by the Lessee at any time by reason of the
failure to complete the overall industrial project by any particular time or at all or
by reason of any other contingency, occurrence or circumstances whatsoever;
(2) Damage to or destruction of the Project or Lessor's machinery
and equipment, or any part thereof;
(3) Legal curtailment of Lessee's use of the Project or Lessor's
machinery and equipment, or any part thereof;

-
(4) Change in Lessor's legal organization or status;
(5) The taking of title to or the temporary use of the whole or any
part of the Project .

or Le s s or's
.
machinery and equipment by condemna Lion;
(6) 1\n)7a s s ionmcnt under the provisions of j\rtic1e XVI Iric l udi.nrj I
without limitation, -an assignment as part of a transaction involving merger I con-

-
solidation or sale of all or substantially e ll of Lessee's assets, as provided in
Section 1601; subject, however: to the provisions of Section 1601 that performe n ce
by an assignee or sub-lessee shall be considered as performance pro tanto by
Lessee;
(7) Any termination of this Lease Agreement for any reason whatsoever,
including, without l imi tat.ion I termination under Article XIX;
(8) Failure of consideration or commercial frustration of purposes;
(9) Any change in the tax or other laws of the United States of
America or of the State of Arkansas; or
(10) Any default of the Lessor under this Lease Agreement, or any
other fault or failure of the Lessor whatsoever.
Lessee covenants that it will not enter into any contract, indenture
or agreement of any nature whatsoever which shall in any way limit, restrict or
prevent Lessee from performing any of its obligations under this Lease Agreement.
Section 304. Payments of basic rent shall be made to Less or by Le s see
remitting the same directly to the Trustee I for the account of Lessor, and shall
be deposited by the Trustee in the trust account provided for in the Trust Indenture
designated "Mountain Home I Arkansas 1972 Industrial Development Revenue
Bond Fund - Travenol Laboratories - New Project I" (the "Bond Fund"), to be
used by the Trustee as provided in the Trust Indenture. Lessor agrees at Lessee's
request to cause the Trustee to furnish to Lessee at reasonable intervals an
accounting of the funds in the Bond Fund, including the amount of bonds paid and
outstanding. Additional rent specified in Section 303 (b) shall be paid by Lessee
remitting the same directly to -the Trustee I for the account of Les sor I in the case
of the Paying Agent's fees and the Trus tee's expenses and charges I and either
making direct payment in the case of impositions and other costs, expenses,
liabilities I obligations and payments assumed and agreed to be paid by Lessee
under this Lease Agreement, or reimbursing Les s or or Trus tee, if, purs uant to the
provisions of this Lease Agreement, Lessor or Trustee shall make payment thereof.
t,
S(~.-c~·lon_iO Subject to the provisions of Section 402, Lessee
sha ll PQ)' all taxes and i}s s e s smcnt s I general. and specific, if any, levied
and assessed on the leased premises dui i nq the term, and all water and
sewer charges J a s s c s sm ent s . er.d other govcrnrnenti}l charges and i rnpo s it io n s

.-
whatsoever, foreseen and unforeseen, which if not paid wh en due, would
impair the lien of theTru st Indenture on the leased premises or the s eourity
of the bonds . encumber Lessor's title, or impair the right of the Lessor and
the Trustee to receive the rents hereunder or in any manner whatsoever

--
diminish the arnount s thereof I all of which are herein called 11 impositions";
provided, however I that any imposition relating to a fiscal period of the taxing
authority, part of which extends beyond the term I shall be apportioned
as of the expiration of the term. Lessor shall promptly forward to Lessee any
notice I bill or other statement received by Lessor concerning any imposition.
Lessee may pay any imposition in installments if so payable by law I whether
_or not intere st accrue s on the unpaid be lance.
Section 402. The parties hereto recite knowledge of the decision
of the Supreme Court of the State of Arkansas in ,!-layland v. Sna£J2.-,232 Ark ,
57 r 334 S. W. 2d 633 (1960L concerning the exemption of properties owned by
municipalities and used for securing and developing industry under and
pursuant to the provisions of Act No.9. The Lessor covenants that it wi l l
not part with title to the lea sed premi se s or any part thereof during the term
or take any other affirmative action whi ch may rea sonab ly be construed as
tending to cause or induce the levy or a s s e s smerit of ad valorem Taxes on the
The Lessor and the Lc s sc c acknowl eduo that (a) under their and
other Intcrpr cta tion s of present lo.v . no p.ir t of the ]!:"Jscd prorni s o s wi ll bc'
subject to ad vc lorcrn texat ion by the State of /\rkallsas or by a ny pol i t.i ca l Ul'
taxino subdivision there of I and (b) this factor I among others I rna ter ia l l y in-
duce d the Lc s s e e to enter int» this Lease AgreeJll8nt. However I the Lessee
will pay all taxes and assessments, if .any , in connection with the Project,
which may be Iawful.ly levied or assessed upon the leased premises I when the
same shall become due; provided I however I that Lcs see shall not be required
to pay any such taze s or assessments so long as the Lessee shall contest the
same I unless by such action the title of the Le s sor to any part of the Project
shall be materia Ily endangered or the Project or any part thereof shall become
subject to loss or forfeiture, in which event such taxes or asses sments shall
be paid prior to becoming delinquent. The Lessor hereby agrees that it will
cooperate wi th the Lessee in re s i s tinc any such taxes or assessments if and to
whatever extent the Lessee may request.
....
,::
ARTICLE V
INS U Rl\]\JCE
Section 501. A. Lessee shall, at Lessee's sole cost and expense, keep
all Improvements constituting part of the lea sed premises and Le s sor' s machinelY
~
una eq uiprn cnt insured against loss or damage in o ccordance with the cus tomary
insurance practices of Lessee:
(i) Against the perils of fire and the hazards ordinarily in-
cluded under standard extended coverage endorsements In
amounts necessary to prevent the application of the co-
insurance prov is io.ns of the applicable policies but not
less than 80% of the full insurable value thereof within
the te1111Sof sppl icabl e policies:
(ii) J\gainst war risk as and when a state of war or national

or public emergency ex is ts and such insurance is obtainable
from a department or agency of the United States Government,
upon reasonable t erm s , in the full amount necessar-y to prevent
the appl icat ion of the co-insurance prov is ions of the applicable
.. policies but not less than 80% of their then full insurable value ,
or r if such amourJt s be not obta inabl e t then in the highest
amount which can be so obtained.
(iii) If there are boilers or pressure vessels, from boiler Of

pressure vessel explosion in an amount customarily carried
in the case of similar industrial operations,
The term ufull insurable value" means such value as shall be deter-
mined from time to time at the request of Les s or , Lessee or Trustee (but not more
frequently than once in every forty-eight (48) months) by one of the insurers
selected by Lessee .
.B. At all times during the term I Lessee shall, at no cost or expense
to Lessor, maintain Of cause to be maintained:
(i) General Public Liability insurance against claims for bodily injury
or death occurring upon, in or about the leased premises, with such insurance to
afford protection to the limits of not less than $200,000 in respect of bodily injury
or dr.;ath to anyone person and to the l im it of not Jess than $500,000 in respect of
anyone accident; and
(ii) Property damage insurance

-
agiJ.inst clu ims for darnaue to property
occurring upon, in or about the Icas ed premises with such insurance to aff ord
protection to the limit of not less than $100 (000 in respect of darnaqc to the
property of (1n1' one owner.

C. The ins uraricc required by this !\rticle V s ho J 1 be J11iJ int.i ino d
in full force and effe ct at all times during the term of this Lease Agreement I
ox co pt :
(L) The ins urance required by Section 501 lL (i) as to improvements
and Lesser's machinery and equipment need not be placed in force and effect until
the completion of the construction of New Project I I provided I however, that in no
event s hall the ins urance required by Section 501 A. (i) be placed into force and
effect 10. ter than the expiration of the ins urance carried purs uant to the provisions
of any contracts entered into 'with contractors or the insurance initially taken out
pursuant to the provisions of Article II hereof I to the end of ha ving ins urance
coverage on all of the leased premises at all times I either by insurance in force
purs uant to the provisions of Article II or this Article V or both. I
(If ) The ins urance required by Section 501 B I need not be placed into
force and effect until Lessee occupies New Project I, either upon completion or
before completion.
D. Copies or certificates of the insurance provided for by this
Article or elsewhere in this Lease Agreement shall be delivered by Lessee to the
Lessor and the Trustee. And , in the case of expiring policies throughout the
term I copies or certificates of any new or renewal policies shall be delivered by
Lessee to Lessor and the Trustee .
.E. Policies of insurance shall name the Lessor and the Lessee as insured
as their respective interests may appear I provided, however I that where applicable
the Trustee shall also be named as a party insured pursuant to the standard mort-
gagee clause as its interest may appear.
F. All insurance shall be effected with insurance companies qualified
to do busines s in the State of Arkansas selected by the Lessee and acceptable to
the Trustee. Lessee shall cause appropriate provisions to be inserted in each
ins urance policy making each policy noncancellable without at least ten (l0)
..
~.;
'
days prior written notice to Lessor, Los s oo dnd the Trus tcc . Als o I it is agreed
that no ol a irn shall f)e made and no suit or action at lew or in equity shall be
brought by Lessor or by anyone clu iminq by ( through or under Lessor; against
Lessee for any damage to the improvements or Lessor's machinery and equipment
covered by the ins urance provided for by this Article V( however caused I but
nothing in this subsection F. shall d.irni nis h Lessee's obligation to repair or
rebuild as provided in Article XIV. The Le s see shall have the sole right and
responsibility to adjust any loss with the insurer involved and to conduct any
negotiations in connection therewith.

rn;pl\IR S J\: \) j\"jhJ t,n];),i
! j.] ( . r or
PP..J:M Ji~r: ~ J\ i'(1) JI i .'.1'1'
._ .. _._ ...
! 0 F:;)
-- 0-
cxpen s e to Lessor, maintain, or cau s e to be; maintained. and at the expiration
of the term hereof subject to the prov.i s.ion s of j\rUcle XX hereof, yield up or
cau sc to be yielded up, in good and ton ant abl e repair, order and condition I
rcesone bl e wear and tear excepted I the bui Idi nq s e nd ilYJPfovements nc)\v or at any
time erected on the, Ne~yroject I land included in the leased premises and promptly
.at no cost an~ expense to Lessor make or cause to be made all necessary repairs,
interior and exterior I structural and non-structural, foreseen as well as unforeseen,
to such buildings and improvements.
Section 602, Lessee shall have the right from time to time to make
additions, alterations and changes in or to the buildings and improvements on
the New Project I land and shall have the right to construct improvements,
provided, however, that no alterations shall be made which would change the
character of the structures thereon so that they would not be appropriate and
usable for manufacturing purposes. It is understood, and agreed that in the
event the Lessee makes any additions, alterations or changes in or to the
buildings and improvements on the New Project I land as authorized by this
Section 602, the Lessee shall be under no obligation at the expiration of the
term to restore the leased premises to their original condition prior to such
additions, alterations or changes.
Section 603. All structural improvements and alterations made on the
leased premises by or on behalf of Lessee shall immediately upon completion
thereof be and become the property of the Les sor wi thout payment therefor by Lessor
but subject to this Lease Agreement. All machinery and equi pment r-trade
fixtUfe:;S, movable par tit ion s , furn itur c i:JndfurLi~;lJi}jg::;und other property
(me;' the Lessee sh<:111 so long as itLs
f not ill dcf<"lUltl.creuuder • be entitled
but sh(111 not be obliguted to remove the :3ClJiJ8, or any port thereof I 'during the
t orm , or within CJ reasonable time thereafter, but Lessee shall at its own cost
and expense repair any and 011 damage to the leased premises resulting from or
cau sed by their removal therefrom.
Section 604. ---p,1l property of any kind whrch may be on the leased
premises (whc th er belonging to the Lessor f Lessee or to any third person) she l l
be at the sale risk of . Lessee and those c le imiriq by I through or under Lessee
and Lessor shall not be liable to Lessee or to those claiming by; through or
under Lessee or to said third persons for any injury, loss or damage to any pcr-
son or property on the lea sed .prcmi so s .
Section 6 as. Lessee shall throuc hout the term I at no cost and expense
. .
to J..J8SS0T; maintain or cau scto })2 ffi3i:nt(J5.~2c1r GIld, subj cct to the pr0~.,!i~!.O":'2 c'~
Artf.cl e s XX and }::XV hereof { at the expiration of the .terrn hereof yield up t or
cause to be yielded up I in 9?od repair I order and conditions I rea sonable wear
and tear excepted I Lessor! s machinery and equipment.

§~_g:~Lon701. Subject to the following provisions of this Section
701, Lessor and Lc s se c agree that Lessee may usc the leased premises for any
Iaw fu I purpose. Lessee shall dur iriq the term promptly comply w ith all valid
statute s , law s, ordinance s , orders, judgments, decree s, regulations,
d iroot ion s and requirements of all federal, state, Jocal and other govern-
--
mcrit s or governmental author it ie s , now or hereafter applicable to the leased
premises. Lessee shall, however , have the riqht to contest any of the fore-
going 1 and If compliance therewith may legally be held in abeyance during
such contest without incidence of any liens on the leased premises, Lessee
may postpone compliance until final determination of such conte st , provided
such contest shall be prosecuted w ith due diligence; and even though a lien
against the lea sed premises may be incurred by rea son" of such non-compliance 1
Lessee may nevertheless delay compliance therewith during contests thcreof ,
provided Le ssee J if required I furnishes Lessor rea sonably satisfactory
security against any loss by reason of such lien and effectively prevents
foreclosure thereof. Lessee shall during the term comply with the mandatory
requirements I rules and regulations of all insurers under the policies required
to be carried under the prov i s ion s of this Lease Agreement.
Section 702. Lessor covenants that, to the full extent permitted
by law I it will not attempt to impose upon" the use or occupancy of the lea sed
premises by the Lessee any laws, ordinances, rules or regulations more
burdensome or restrictive than those in effect upon the date of execution of
t.h i s Lease Agreement.

l\1<.TJCLl: \lITJ
WORr pr:n],C*M}~DBY u:ssr:[

---.-------~-.----.---.--------
Section 8J2l. Les sc e 811a11not do or permit other s under its control
to do any w ork on the leased premises related to any repair I rebuilding I
alteration of or addition to the improvements can s trtut inq part of the lea sed
premises unless Lessee shall have first procured and pa id for all requisite
munic.ipal and other governmental permits and authorizations. Le ssor shall
join in the e ppl ice ttcn for any such permit or authorf zat ion whenever required I
but Lessee shall indemnify and hold Lessor harmless agajnst and from all
costs and expenses "which may be thereby incurred by Lessor. All such work
shall be done in a good and workman lfke manner and in comphance with 0.11
applicable building I zoning { and other laws { ordinances { governmental regu-
lations and requirements and in accordance with the rea sonable requirements {
rules and regulations of all insurers under the policies required to be carried
by the provisions of this Lease Agreement.

AETICLE IX
MECHIINICS' LIENS
Section 901. If any lien shall be filed against the interest of
Lessor r Lessee I or the Trustee in the leased premises or asserted against
any rent payable hereunder, by reason of work, Iabor , services or materials
supplied or claimed to have been supplied on or to the leased premises at
the request or wi th theJ2ermission of Lessee, or anyone claiming under Lessee;
Lessee shall, within thirty (30) days after re ce ipt of notice of the filing thereof
or the assertion. thereof against such rents, cause .the same to be di.scharged of
record, or effectively prevent the enforcement or foreclosure thereof against
the leased premises or such rents; by contest r payment I deposit, bond I order
of Court or otherwis e . Nothing contained in this Lease Agreement shall be
construed as constituting the express or implied consent to or permission of
Lessor for t~e performance of any labor or services or the furnishing of any
materials that would give rise to any such lien against Lessor's interest in the
premises.
.,
-.t;
J\WJ'lCLL X
Sect jon 100 1. Cornmcno ino with the completion of New Pr?ject I
or \'o'11e11
the Lessee takes possession if prior to the compJ.ction, Lessee
shall and agrees to indernnify and save Lessor and the 'l'rus tc e harm-
Io s s.e qa i nst and from all claims by or on behalf of any person, firm or
corporation arising ~rom .2:21econduct or management of, or from any work
or thing done on I the leased premises during t11C term I and against and
from all claims arising during the term from (a) any condition of the leased
premises r (b) any breach or default on the part of Lessee in the' performance
of any of its obligations under this Lease Agreement, (c) any act or
negligence of Lessee or of any of Its agents I contractors, servants I employees
or licensees / or (d) any act or negligence of any assignee or sublessee of
Lessee, or of any agents / contractors I servants I employees or licensees
of any assignee or sublessee of Lessee. Lessee shall indemnify and save
Lessor and the Trustee harmless from and against all- costs and, expenses
incurred in or in connection with any such claim arising as aforesaid, or in
connection with any action or proceeding brought thereon / and upon notice
from Lessor, or the Trustee I Lessee shall defend them or either of them in any
such action or proceeding.

l\l\'.1'lCJ.L Xl
_ ~---~----~-.-~--
U:SSOI~ ]vL\Y pJ:nrcw,LI l.rSS1T'S
.-------.---.---- --.~.-------- -
-."
lX~Lh~/lTlU]\}S
_._._---_.-._- ------ .---- --
- -
Se ct ion JIOl. If Lessee shul l fai'l to k.cc p or perform any of its
ob.l iqa t ion s as provided in th i s Lease Agreement in respect of (a)
ma intonanoo of insurance; (b) payme nt of Jmpo s it ion s: (c) repairs and ma intc-
nance of the lea sed premises; (d) compliance w ith le901 or insurance rcquire-
ments; (e) k:eeping the leased premises lien frce : or (f) making of any other
payment or performance of any other obliqat ion s I then Lessor may (but shall not
be obligated to do so), upon the continuance of such fa ilure on Lessee's part for
thirty (30) days after wr itte n notice to Lessee I and without wa iv inc or relea sing
Lessee from any obl iqat ion , and as an additional but not exclusive remedy, make
any such payment orperform any such obligation, and all sums so paid by Lessor
and all necessary incidental costs and expenses incurred by Lessor in making
such payment or performing such obligation shall be deemed additional rent and
shall be paid to Lessor on demand I or at Lessor's option may be added to any
installment of basic rent thereafter falling due, and if not so paid by Lessee I
Lessor shall have the same rights and remedies as in the case of default by Lessee
in the payment of the basic rent.

PLJBJ,!C\j'.:·I,;,l'J'Ji:~: ,:\i','!') (:Jl/l.:'(;V;
for water, gus, Se;WCT, e leotr ic ity I light, 1'1('<..11: or PO\VCf, te lophonc or other
scrv.icc used, rendered or suppl icd to or for the; Lessee; upon or in connection
with the leased premises throuohout the term of this Leas e Z-'lgreement, and to
indemnify Lessor and save it harml e s s against any liability or damage; on such
account.
.
-.:: '
!lJ:Z'J'ICJ ,1;Xlii
either of them r by their respective au thor i zed representative s, to enter the
Ica scd prem i s e s at all rca soncblc t imc s during u sue l business hours for the
purpo sc of inspection I and for the perf orrnonce of ariy \vork there in made
ncce s sary by reason of Lessee's default under any of the provi s ion s of this
Lease Agreement. Les s or may f during the progres s of any such work r
.keep and store -on the leased prern i s e s all necessary materials, supplies and
e qu ipm ent and shall not be liable for rea sonable Inconvoruencc , annoyance,
disturbance I loss of business or other damage to Lessee suffered by
rea son of the performance of any such work or the storage of materials f
supplies and equipment.
,.
/\ 1-:.T h: I I: \: \'
D\' /ICC
---- ---
,\;~lJ
.... --.
1)!·;,'.i·I'U(:j'II);\]
elo.mC1gcto or dc struct ion of the leased prcrn isc s , or (my part thcrcof , by fire'. or
other ce sua Ity . tho Lessee she l l irnrncc1.idtcly notify the Lessor and the Trustee.
If the do.mage is in the amount of $100 1000 or less I Lessee shall proceed to re-
store l ro pa ir { robu ild or replace the lea sed prem i se s to the same extent, if any,
ro qu irc d so that in the ju:dgment of the Lessee I tho leu sed prernlse s are suitable
for use for Le s see s purpose I under this Lease Agreement. If the damage exceeds
$100,000, Lessee shall, at no cost and expense to Lessor or Tru stee , proceed to
restore J repair I rebuild or replace the Iea scd premises as nearly as possible to
the condition they veexe in immediately prior to such damage or destruction,
subject to such alterations as Lessee may elect to make in conformity with the
provisions of Article VI hereof. Any item of machinery and equipment acquired
a s a replacement hereunder I or any item acquired J in whole or in part { out of
insurance proceeds under this Article XIV { whether or not a replacement of or
substitute for any item of damaged or destroyed machinery and equipment, if the
,
insurance proceeds with which such item of machinery and equipment was pur-
chased I in whole or in part , were derived from insurance on property which was
part of Lessor's machinery and equipment, shall be and become the property of
Lessor and shall be part of Lessor's machinery and equipment and subject to
this Lease Agreement. Such restoration, repairs, replacements or rebuilding
shall be commenced promptly and prosecuted with reasonable diligence.
B. All in surance money paid on account of such darnace or de-
struct ion shall be pa i d to the Trustee and applied a S hcr e ina ftcr set forth to
or rebuHc1ing / including cxpc nd iture s made for temporary repairs or for the
protccUon of. property pcnd inq the cornpl o t ion of j>cl'ln(mcnt rc st orut ion , ro pa ir s I
volv inq a loss of $100,000 or Joss, iJ1C In surancc proceeds shall be pa id by the
Trustee to the Lo s sco upon re ce ipt by Lo s sor and the Trustee of a certificate
signed by an officer of Lessee tha t fho re stora t ion has been made J or is in the
process of being niade in accordance w ith the prov is ion s of subsection A. hereof
pertairdng to Lc s sec s obligation

I to re store. In the ca 5e of damage involving a
loss of more than $ J.OO 1000 the insurance proceeds shall be paid by the Trustee
to the Le s se e upon receipt by Lessor and the Trustee of:
A certificate signed by an officer of the Lessee
0.) requesting
payment of a specified amount of
such insurance proceeds;
(Ii) detailing the progress of the restoration and

repair work:
(iii) stating that such specified amount does not

exceed the estimated cost of the work and
materials in connection w ith the restoration r in-
cluding as part thereof the estimated fees of any
architect or engineer ( if any; and -
(iv) stating that no part of such cost has previously

been made the basis of any request for the with-
drawal of insurance proceeds under this Article.
The Trustee shall have no responsibility as to the application by the Lessee of
the insurance proceeds.

.
If the insurance money shall be insufficient to pay all costs of the
re store tion l the Lessee shall pay the deficiency and shall nevertheless proceed
to complete the re storation and pay the cost thereof. Any balance of the insurance
proceeds remaining over and above the cost of the r c storat ion shall be paid by the
Trustee into the Bond Fund upon receipt by the Lessor and the Trustee of certificates
CIS required by this h.rticJc: to the effect tl}(\t HIe: rc storut ion LeJ s been completed.
some may be invc s tcd in any invo s tmont s in wh ich the Trustee may invo st e.mouut s
in the Construction fund under the Tru st Indenture. Such Inve stmcuts sh011 be
made by the Trustee as directed arid o8s;ignJced by the Lessee,
Section 1402, Lessee's obl iqat ion to make payment of the basic
- .
rent and all other covenants on the part of Lessee to be performed shall not be
affected by any such destruction or damage I and Lessee hereby wa ive s the pro-
visions of any statute or Jaw now or hereafter in effect contrary to such obliga.-
tion of Le s sce as herein set forth , or which releases Lessee therefrom.
Section 1403. Notwithstanding the -provl s ion s of the foregoing
sections of this Article XIV Lessee

I shall not be required to re pa ir I restore I
replace or rebuild the leased premises / or any part there of , (a) if Lessee /
pursuant to the provisions of Article XXI sha Il elect to purchase the leased
premises and shall proceed to pay the specified purchase price or (b) if the full
amount necessary under the provisions of the Trust Indenture to payor redeem
all outstanding bonds sha Il have been paid and Lessee has not elected to purchase
the leased premises. 1£ Lessee shall so elect to purchase/ the proceeds of all
insurance may be used as part of the purchase price and upon the request of Lessee
shall be so applied. 1£ there be any excess insurance proceeds over and above
the amount necessary to pay the purchase price I such excess shall be paid to and
shall belong to the Lessee. 1£ Lessee shall have pa id the full amount necessary
-
to payor redeem all outstanding bonds I any insurance proceeds shall be paid to and
shall belong to Lessee.

Se ctron 1S (I L 1\. If duriuo the term of lhi~; Lease Agreement
Litle to e ll or s ub s tant ia lly all of the leased pr ernis cs s ha ll be taken or
condc mnod by a competent e ut horit y for i:J.J1)' public usc or purpose, then this
Lease l\greement shall terminate at midnight on the fifteenth day after
the vesting of title in such authority and re nt s hal l be paid to and adjusted
as of that day. In that eve nt , subject to t he su.bsequent provisions of this
Se ct i on , the condemnation award shall belong to the Lessor and the Lessee
hereby a ssigns the award to the Lessor. In the event the net amount awarded
as damages or paid as a result of such taking (after deducting all reasonable
attorney's lees and other reasonable expenses and costs in the condemnation
proceeding) together with the amou.nt then in the Bond Fund, shall be insufficient
to pay in full, on the redemption date the amount necessary to pay all
prlnc l pal , interest, the reasonable Trustee's fees I redemption premiums I and all
other costs of rede mjt.ion (all of which, for purposes of this Section, shall
be called "total bond redemption expense") { Lessee agrees to pay, promptly
upon payment of the condemnation award I as additional rent hereunder, the·
amount by w hi ch the total bond redemption expense shall exceed the net amount
awarded as damages or paid (less such reasonable fees ( expenses and costs)
as a result of such taking plus the amount then on deposit in the Bond Fund.
The Lessee's agreement pertaining to this Section 1501 shall survive such
termination. For purposes of this Article XV, "all or substantially all of the
leased premises II shall be deemed to mean a taking of all of the leased
premises or a taking of such substantial portion of the leased premises
t11Utthe Lessee a s determined b ,: the Lo s s c c in its sole: discretion cannot
-...,
takjn~J liS definod abovc , t00cthcf with UK! dmOL1J1ti.hc n in tho Bond fund, s ha l l
be in excess of the amount necessary to pay the total bond redemption expense,
if Lessee: is not in default in any of its other obl iqa ti ons under this LeClse
Ilgrcen1ent i nvo lv i nu mane tary matters ( such exce s s s hall belong to and be paid
to th2- Lessee, and if Lessee is in default wit h reference to any of its monetary
obligations, the amount of-the excess in excess of the amount necessary to
satisfy such mone te ry obligations with reference to whi ch Lessee is in default
s hal l be paid to LeSS8e. The Lessor agmes that it will not voluntarily accept,
without the prior approval of the Lessee I any-amount as damages for a taking /
and the Lessor agrees that it will cooperate with the Lessee with reference to
any award with the end in vrew of obtaining the maximum possible award justi-
liable as damages for the taking.
B. If less than s ubs tant ia lly all of the leased premises shall be
taken or condemned by a competent authority for any public use or purpose,
neither the term nor any of the obligations of either party under this Lease
Agreement shall be affected or reduced in any way, and
(L) If any part of the improvements owned by Le s sor

on the leased premises (improvements as used herein
shall include any item of Les sor' s machinery and equip-
ment) is taken, Le s see shall proceed to repair or
rebuild (re pa ir or rebuild shall include replacement of
any item of Lessor's machinery and eq ui pme nt ) the
remaining part as nearly as possible to the condition
ex is t inq prior to s uch taking, to the extent that the
same may be feasible subject to the right on the part
I
of the Lessee to make alterations so as to improve the

efficiency of the i mprovemc nts : and
[i i) The entire condemnation award shall be paid to the

Lessee, and tho Lo s s or hereby assigns the s arno to the
Lessee for t ho U~~8 of the Lessee in re pa i r inq <:1wl rebuilding
as provided in (I) (3bOV8. The s ai d award shall be trans-
ferred to the Lessee in the so me manner e s is prov ide d in
Section 1401 with respect to insurance proceeds provided I
tikil t ho \vurcb "iJl:~Urdnc:; pr(l(:,'c.:d:;" there ,·cfc:rrc.!cl
to s hu l ] £6:- P\.I!"l)():;(':; of ·lhi:; ..ul )P;.:l'c1ql,·, ph (.ii)
refer to "COndCJllJlcdi,Jl1 d\'I';JiCt. H iJlr..:: rll'e cond(.'JI1-
II
nat ion uWDro. a ppl icobl o to property owned by the

Lessor is in excess of tile; amount nc co s s ar y to
rc pa i r
and rcbuiJd as s pccif ied in (I) above: s uoh I
excess shall be paid to the Trustee and de pos ited

'in the Bond Fund. If such excess Is more than the
rcma Ini nq total basic rent obli9C)tior;s of U1C Le s s e e
hereunder Iand if at that time j'(;ssce is riot in monc -
tan' default with respect to any of Its Oblj~)CitLO!]~:
under this Lease Agreement only that portion I
thereof e que l to the rerna.in inc total basic rent

obligations. of-~-
Lessee shall be paid to the 'I'rus tce
and deposited in the Bond Fund and the exccs s shall
belong to and shall be paid to the Le s see . If Lessee
is i11default with reference to any of its monetary
obligations the amount of exce s s over e nd above
I
the amount necessary to satisfy said monetary

obligations with reference to which Lessee is in
default shall be paid to Lessee If the net <
condemnation award is less than the amount necessary

for the Lessee to repair and rebuild as set forth in
(I) above, the Lessee shall nevertheless complete
the repair and rebuilding work .and pay the cost
thereof; and
(Hi) If no part of the improvements is taken, the

net condemnation award shall be paid to the Trustee
and deposited in the Bond Fund.
C. In the event of taking under either A or B above I the Lessee
shall have the right te participate in and to prove in the condemnation pro-
ceedings and to receive any award (by way of negotiation, settlement or
judgment) which may be made for damages sustained by Lessee by reason
of the condemnation; provided I however I nothing in this sub-section C shall
. be construed to diminish or impair in any way Lessee's obl iqat ion under sub-
section A of this Section 15 a 1 to pay as additional rent the amount of any
ins uff lc iericy of the net condemnation award and the funds in the Bond Fund
to pay the total bond redemption expense as therein defined.

emi ne nt domain, this Le as e Agfeementshall not be thereby terminated
and the par t ie s s ha l.l continue to be obligated under all of its terms and
provisions ~ If s uch ta king is for a pc rl od of time ending on or prior to the
ex pi ro t.ion of the term, LeSS88 shall be entitled to re ce ive the entire amount
of th,:? awar d made for such taking I whe t her by way of damages I rent or othcrwl s e .
If such taking is for a perrod of time wh ioh extends beyond the expiration of
tho term! Lessee shall be entitled to receive the entire award, wi.th the exception
of an amount sufficient to pay and discharge all sums due Lessor from Lessee
from the time Lessee's right of possession is' terminated to the expiration of
the term.
Section 1502. In the event of a taking of all or substantially all of
of the leased premises as provided in Section 1501 A, notwithstanding the pro-
vision therein that the rent shall be paid to and adjusted as of the fift ee nth day
after vesting of title in the taking authority I the Lessee agrees to continue to
make payment of the basic rent and the additional rent until the condemnation
award shall be actually received by the Lessor; provided I however , the Les see
shall be repaid solely out of the net condemnation award the amount of rent so
paid after the date provided in Section 1501 A for the adjustment of rent. This
agreement to repay shall not be construed in any way to impair or diminish
Lessee's obligations under Section 1501to pay as additional rent the amount of
any insufficiency of the net condemnation award and the funds in the Bond Fund
to pay the total bond redemption expense as therein defined.
Section 1503. Notwi ths taridi nq the fact that all or any part of the
IC'.i:5cd prcmisc s s he l l be te ke n by ri~ht of eminent domain, lessee shall have;
'.
the li ght of tho effect of any option so e.xcr ci s od by Los sec. In the event
of the exercise of an option under J\rLicle XX and payrnc nt of the required purchase
price ( whether before or after such taki.ng J the entire condemnation award
shall belong to Le s s ee .
Section ISO..:.)< Lessee shall have the riq ht to participate in its
own name in any neg?tiat~9ns or condemnation proceedings I but at its own
expense I to resist or defend condemnation and to make any presentation or
conduct any proceeding in its discretion to the end of obtaining any proper
re l lef and I if the condemnation is concluded; to the end of obtaining the
maximum award justified by the taking.
Section 150S. Lessor covenants that it will Dot take or condemn
any part of the leased premises I or attempt to do so.

1\ ji.'i'] C J J: x V]
0
l\,( ~f~I (-~ J\J
•• ••
J\/)
• __
1.:J) 11
• ~
Section 160.1. A. Le s s ce may (}s~:;iqnthis L80.se or sublet the
leased pro m.is e s or part thereof provided that no such a s s Iqnrne nt or sub-
letting no dealings or transactions be twce n t he Lessor or the Trustee
and ony sublessee or assignee shall relieve tho Lessee of any of its
obligations under this Lease Agreement and Lessee s hal l remain as
fully bound as though no as signment or subletting had been made, and
performance by any asi.g-nee or s uble s see shall be considered as performance
pro tanto Lessee; provided, however I that Lessee may a s siqri 'ellis Lease,
and be thereby relieved of further obligation hereunder I in connection with
a transaction involving merger [ consolidation or sale as permitted under
Section 2309 provided the requirements thereof are met.
B. It is understood and agreed that this Lease Agreement
(and the leased premises and rents hereunder) will be assigned to the Trustee
as security for the payment of the principal of and i.rrtere s t on the bonds,
but otherwise the LesE.or shall not assign I encumber { sell or dispose of all
or any part of its rights, title and interest in and to the leased premises and
this Lease Agreement, except to the Lessee in accordance with the pro-
visions of the Lease Agreement and to the Trustee under the Trust Indenture I
but subject to the provisions of Article XVII hereof I without the prior written
consent of the Lessee.

l\RTICLE XVII
PHIOHITY OF LEJ'\SE
Section 1701. Notwithstanding anything to the contrary in this
Lease Agreement f this Lease Agreement (and any amendment or s uppJ.ement hereto
executed in accordance with and pursuant to the provisions of this Lease Agree-
ment) and the estate of Lessee hereunder are and shall continue to be superior
and prior to the Trust Indenture (and all supplements thereto) and any other and
all encumbrances J mortgages, deeds of trust and trust indentures I or any of them I
constituting or granting a lien upon the leased premises or any part thereof or
interest therein.
Al\TlCLE XVIII
Section 180]. Lessor I Le s s ee and the Trus tee she ll each be

-,
entitled to specific pcrforrnance . and in.junct.i.ve or other appropriate e qui tab le
relief for any breach or threatened bre e c11 of any of the provisions of this
Leas~ Agreement I notwithstanding the iJ. va i Ie bi l ity of an adequate remedy
at Iaw I and each party hereby waives the r5.ght to raise such. defense in any
proceeding in equi.ty . The specific remedies provided for in this Lease
Agreement are cumulative and are not exclusive of any other remedy. The
failure of either party to insist in anyone or "more cas c s upon strict per-
formance shall not be construed as a waiver or relinquishment for the failure.
No acceptance of rent with knowledge of any default shall be deemed a waiver
of such default.
ARTICLEXIX
DEFAULTPROVISIONS
Section 1901. The following shall be "events of default" under this
Lease Agreement and the terms "event of default" or "default" shall mean, when-
ever they are used in this Lease Agreement, anyone or more of the following events:
(a) Failure by the Lessee to pay the basic rent, any additional
rent payable hereunder or any part thereof and (i ) continuation
of said failure for a period of five (5) days after notice by
telegram or if telegraphic service is not available after notice
by mail given to it by either the Lessor or the Trustee that
the rent referred to in such notice has not been received or
(Li) continuation of said failure for a period of ten (10) days.
(b) Failure to insure the Project to the extent and in the manner
required by Section 501.
(c) Failure by the Lessee to observe and perform any covenant,

condition or agreement on its part to be observed or performed,
other than as referred to in subsection (a) of this Section, for
a period of thirty (30) days after written notice, specifying
such failure and requesting that it be remedied, given to the
Lessee by the Lessor or the Trustee unless the Lessor and
the Trustee shall agree in writing to an extension of such
time prior to its expiration.
(d) The dissolution or liquidation of the Lessee or the filing by

the Lessee of a voluntary petition in bankruptcy; or failure
by the Lessee promptly to lift any execution, garnishment or
attachment of such consequence as will impair its ability to
carryon its operations at the Project, or the commission
by the Lessee of any act of bankruptcy, or adjudication of
the Lessee as a bankrupt, or assignment by the Lessee for
the benefit of its creditors, or the entry by the Le s see into an
agreement of composition with its creditors, or the approval
by a court of competent jurisdiction of a petition applicable
to the Les see in any proceeding for its re crqe niz.at ion
instituted under the provisions of the general bankruptcy
act, as amended, or under similar act which may hereafter
be enacted, The term "dissolution or liquidation of the
Lessee", as used in this subsection, shall not be construed
to include the cessation of the corporate existence of the
Lessee res ulting either from a merger or cons ol idat i on of
the Lessee into or with another corporation or a dis solution-
or liquidation of the Le s see followi ng a transfer of all or
s ubs tant ia l Iy all of its as s cts as un entirety I under the
conditions permitting such actions contained in this Lease
Agreement,
Lessor or the 'I'ru s tco may tal:c any of the fol l owiriq remedial stops:
,(a) The Lessor or the Trustee may at its option r declare all
I
installments of rent payable for the remainder of the term

to be im.ne dta te ly due and payable whereupon the same
f
shall become immedratc ly due and payable <
(b) The Lessor or the Trustee may rc -c.ntcr and tal;e possession
of the Project without terminating this Lease Agreement,
and sublease the Project for the account of the Le s see, holdi.ng
the Lessee liable for the difference in the rent and other
amounts payable by the Le s see hereunder.
(c) The Lessor or the Trustee may terminate' the term r exclude
the-Lessee from possessi.on of the Project and us e its best
efforts to lease the Project to another for the account of the
Lessee, holding the Lessee liable for all rent and other
payments due up to the effe cti ve date of any such Ie'as inc .
(d) The Lessor or the Trustee shall have access to and inspect,
examine and make copies of the books and records and any
and all accounts data and income tax and other tax returns
I
of the Les see.
(e) The Lessor or the Trustee may take whatever action 'at law
or in equity may appear neces sary or desirable to collect
the rent and any other amounts payable by Lessee here-
under, then due and thereafter to become due, or to
enforce performance and observance of any obligation agree- I
ment or covenant of the Lessee under this Lease Agreement.
Anyamouniscollected pursuant to action taken under this Section
shall be paid into the Bond Fund and applied in accordance with the provisions
of the Indenture.
.
Section 1903, No remedy herein conferred upon or reserved to the
Lessor or the Trustee is intended to be exclusive of any other available remedy
or remedies I but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given under this Lease Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission
to exorcise any right or power a c cru inq upon ,:111Y default s he l l impair any such
right or power or shall be construed to be a waiver thereof but any such right or
power may be exercised from time to time as often as may be deemed expedient.
ro lc tti nu or ot herwis c a.re each to be construed e s prov id inu that all such
payments by Lessee or others shall be made into the Dond fund referred to in
Section 304 and Le s s ee s said I obHgations shall furthcr be subject to the
provl..).
· •...)·01·1("
,.:> of Sectio!}• ~cn
'./ V (0./' (2).
Section 1905. The Lessor is issuing the bonds pursuant to an
election made by it underSe oti on 103 (c) (6) (D) of the Internal Revenue Code
of 1954 t as amended by Public La'\\7 90-364. It is the intention of the parties
hereto that the interest on the bonds remain free from federal income taxation
and to that end the Lessee covenants wrth the Lessor, with the Trustee and
with each of the future holders of any of the bonds or interest coupons appertaining
thereto I as fol lows :
(1) Lessee covenants and agrees that it will never permit the
occurrence of the ctrcums tancc s set forth in said Section
103 (c) (6) CD) and (E) so as to cause the Joss of federal
Income tax exemption on the interest on the bonds.
(2) Should the interest on the bonds become taxable because

of the occurence of the circumstances set forth in
Section 103 (c) (6) (D) and (E) of the Internal Revenue
Code'of 1954, as e mended , Lessee agrees that wi thin
30 days after demand by the Trustee it will either,
(L) Purchase the leased premised (in which event

Lessor agrees to sell the leased prernisc s ) for a
purchase price of the full amount necessary under the
provrs i ons of the Trust Indenture to payor redeem
(on the first day thereafter on which all outstanding
bonds may be redeemed after gi.ving the necessary
notice) all outstanding bonds (i.ncludi.ng without I
limitation, principal, interest, redemption pre mi ums ,

if any / expenses of redemption and the Trustee's and
Paying Agent's fees), but after deduction of any amount
then in the Bond fund and avai Iab.c lor payment and
redemption or I
(1'J')Pre pa y re
.,vJ...c _ nt 1'··\ 'L·J'1" ful l amount nc ce ssarv
JJ. ( '_., .Jc.'-y
.• under the
C".Jll. v •..•...•. ,I '-" {~ •••• J • l.,; .•
prov i s ions of the Trust Iridc nture to FjCJ.j' or redeem (on

the first day thereafter on v.hi ch all out s tanding bonds
may be redeemed after giving the necessary notico) all
outsto.ncling bonds (including, wi.thou t Hm i.tat ion , princi pal ,
Intcre s t / rodcmpt.ion pr crniums , if any" expenses of -c:
redernption a nd the 'I'rus lee's cll1d Paying 1~9cnt.' s
Ices L but aft or deduction of any .unount then in
the Bond Fund und. uVi.1ilablc for pdynlcnt arid redemption,
and thcrcolkr to continue in pos oo s s ion as Lo s see
with all prov is ions of the Lease Agreement (except
Lessee's basic rent obligations which shall be
dis charged) to continue in full force and effect at
the extension annual rental specified in Section 2001.
The obligation of the Lessee to either purchase or prepay rent, as above specified,
shall be mandatory and shal l supersede any other option hereunder so that
upon redemption the redemption premium specified in the Trust Indenture as
applicable to a redemption by virtue of this Section 19 OS must be pa id ,

Tho- amount set forth above (the specified purchase price in (i)
or the specified amount of rent to be prepaid in (jj)) shall constitute total
compensation to the Lessor and the holders of the bonds as a result of an
occurrence of the circumstances set forth in Section 103 (c) (6) (D) and (E)
of the Internal Revenue Code of 1954 1 as ame.nded , and the resultant loss
of federal income tax exemption of intere st on the bond s .
(3) The Lessor and Lessee will cooperate to the end of complying
with any regulations I including any filing or reporting requirements I that may
be promulgated pursuant to Section 103 (c) (6) (D) and (E) of the Internal Revenue
Code of 1954, as amended. A copy of each such riling or report shall be
promptly furnished to the Trustee .. If Lessor or Lessee is advised that an
official determination has been made that interest on the bonds has become
taxable because of the occurrence of the circumstances set forth in Section
103 (o) (6) CD) and (E) of the Internal Revenue Code of -1954, as amended,
Lessor or Lessee shall promptly notify the Trustee of the same.
Section 1906. The Lessor and the Lessee covenant that neither
of them shall 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 I the Lessor and the Lessee covenant that the
.•..
proceeds of. the
-;:
salo of the bonds v,.'I11not be used directly or indirectly in such manner as to
cause t ho bonds [0 be treated as lI(lrbjtri\~;C!bonds II w it.hin the lll(;anJng of
Section 103 (d) of the Internal Revenue Code of 1:)~),1/. d!; liill(;jHkd.
hH'J.'lCLE XX
Sectton 20Q~. Lessee shall have and is hereby granted the
option to extend this Lease Agreement for six (6) extension terms of five (5)
years each for a basic annual rental of Ono Hundred Dollars ($100.80) POf
ye ar t payable in advance on the first bus irie s s day of each year of the extension
term ( plus the addrtrorie l rcnta ls heretofore provided in Article III hereof and
othcrwi se upon the terms; conditions and provisions of this Lease Agreement.
The option provided for herein shall be deemed automatically exercised by
Lessee (wl thout requirement of any notice of exercise) unless thirty (30) days
prior to the end of the initial term or any extension term Lessee shall give
Lessor written notice by certified or regis tered mail (with or without return
receipt requested) that Les see does not elect to have the lease term extended
beyond the then current initial or extension term, Whenever used in this
Lease Agreement the words "extension term" or "renewal term" shall have the
some meaning and shall refer to the term concerning which the option to extend
is granted by this Section 2001. Furthermore, whenever the unqualified word
"term" appears in this Lease Agreement, the references shall include the initial
and any extension terms.
Section 2002 A. Prior to March 1 t 1982 I the Lessee shall have the right
and option to purchase the leased premises if I bu.t only if:
(i) The leased premises shall sustain major damage or

destruction; or
(Li) Title to all or substantially 011 of the leased premises

shall be condemned as provided in Article XV hereof; or
(iii) J\;) il rc sult of ch'-I)J~JC'~;.in U}C' Con:.;[iluLion of the Unit.cd
. States or of iJ1C Sti:Jle of !\rbHlsC:l:" or of leg.lf3JJ.tivc
.act ion , or by the f inu l dc croc / jucl':.)rnC'nt or order of any
CO\.1.1'1: or (lc.1mini~;lrCltivc body entered after Lc s scc ' s
conte st th orc of in good fa ith, or chance in LO:3SOl' IS
legal organization or status, this Lease Agreement
becomes void or unenforceable or impos sible of perform-
ance in accordance wi th the intent and purposes of the
parties as expressed in this Lease Agreement, or
unreasonable burdens or excessive liabilities are
imposed upon either party to it; or
(iv) There is legal curtailment of Lessee s use and occupancy

I
of all or sub stantia Ily ail of the lea sed premise s for any
rea son other than condemnation referred to in sub-
section (ii); or
(v) This Lease Agreement is terminated prior to

expiration of its initial term, or any renewal term /
for any rea son other than default by the Lessee"
The term "major damage or destruction" as used in sub se ct ion (i)
is defined to mean any damage or injury to or destruction of the leased premises
or any part thereof (whether or not re sulting from an insured peril) such that the
leased premises cannot reasonably be restored to its condition immediately pre-
ceding such damage, injury or destruction within a period of seventy-five (75)
working days I or which would prevent Lessee from carrying on its manufacturing
operations therein for a period of seventy-five (75) days or the restoration cost of
which would exceed the total amount of insurance carried on the leased premises
in accordance with the provisions of Article V hereof, or such that it would not be
economically feasible for the Lessee to repair the leased prerni se s , as determined
by the Lessee in its discretion.
B. On and after March 1, 1982 and during the remainder of the initial term
and during any extension term, Lessee shall have the unconditional right and
option to purcha se the lea sed premises at any time.
C. At the expiration of the initial term or any extension term and
for a period of ninety day s thereafter (if tho purcha so options under the provisions
of Paragraphs A and B of this Article XX have not been exercised) Lessee 511al] J1aV(:
tho further unconditf one l right and option to pur cha se the lea sed prcm i sc s.
~-"
of Paragrcc ph s 1\ r B or C of this Section I shol I be the full amount ncoc s sary
under the prov.i s iou s of the Trust Indenture to payor redeem (on the fir st date
thcroafter on wh ich all outstanding bonds me y be redeemed after givj.ng the
nece s sary notice) all outstanding bond s (inc.lud inq r without limitation r prino ipa l I
interest, redemption premiums, if any, expenses of redemption and the Trustee's
and Paying Agent's fee sL·-but after deduction of any amount then in the Bond
Fund and available for payment and redemption. In any ca se, if no bonds shall
be outstanding at the time of purchase I or the redemption or payment of the bonds
shall be or have been otherwf se provided for I the purcha se price of the lea sed
premises shall be One Hundred Dollars ($100.00).
Any of the foregoing options may be exercised by giving written
notice to Lessor [ with a copy to the Trustee r of the exercise thereof specifying the
time and place of closing. At the closing r Le ssor shall r upon payment of the purcha S0
price here inabove specified, deliver to Lessee a general warranty deed, bills of sale
and other appropriate conveyance instruments transferring good and merchantable title
c
to the leased premises free and clear of all Hens and encumbrances except those
to which title wa s subject when lea sed hereunder I or resulting from any failure
of Lessee to perform any of its obligations under this Lease Agreement; pro-
vided I however I that if such option is exercised under the provisions of sub-
paragraph A (iii) of this Section, such title may be subject to the rights, titles
and intere sts of any party having taken or who is attempting to take title to or
use of all or part of the leased premises by eminent domain.

ARTICLEXXI
NOTICES
Section 2101. All notices I demands and requests which mayor are
required to be given by either party to the other or to the Trustee shall be in
writing I and each shall be deemed to have been properly given when served
personally on an executive officer of the party to whom such notice is to be
given I or when sent postage prepaid by first class mail by deposit thereof
in a duly constituted United States Post Office or branch thereof located in
one of the present states of the United States of America in a sealed envelope
addressed as follows:
If intended for Lessee:
Travenol Laboratories Inc. I
Mountain Horrie , Arkansas 72653

Attention:
with copy to:
Baxter Laboratories Inc. I
Morton Grove Illinois 60053

I
Attention:
If intended for Lessor:

Office of the Mayor
Mountain Home Arkansas I 72653
If intended for Trustee:
Commerce Union Bank

400 Union Street
Nashville Tennessee
I 37219
Attention: Trust Officer
Any of the above may change the addres s and the name of
addressee to which subsequent notices are to be sent by notice to the other
parties given as aforesaid.

Al\TI C LE XXII
RECORDII\JG
----------
Section 2201. This Lease Agreement and every assignment and
modification thereof shall be recorded in the office or the Circuit Clerk and
Ex Officio Recorder of Baxter County I Arkansas.

1\1~1'
CENLR!\L
----------_.
!S8ct)on 2301. This Lease !Igreement shall be construed and enforced
in accordance with the laws of the State of Arkansas. Vvberever in this Lease
Agreement it is provided that either party shall or will make any payment or perform
or refrain from performing any act or obligation, each such provision s ha l.l, even
though not so expressed, be construed as an express covenant to make such
payment or to perform r or not to perform I as the case may be I such act or obligation.
All factual representations set forth in the whereas clauses of this Lease Agreement
shall be cons trued as express recitals and covenants on the part of the party to
which each such recital is applicable to the same extent as though set forth as an
express representation and covenant by that party.
Section 2302. If any provision of this Lease Agreement or the applica ti ori
thereof to any person or circumstances shall, to any extent, be determined to be
invalid or unenforceable I the remai.nder of this Lease Agreement and the application
o,f its provisions to persons or circumstances other than those as to which it has
been determined to be invalid or unenforceable, shall not be affected thereby, and
each provision of this Lease Agreement shall be valid and shall be enforced to the
fullest extent permitted by law.
Section 2303. The Article captions in this Lease Agreement are for
convenience and reference only and in no way define, limit or describe the scope
or intent of this Lease Agreement or any part thereof, or in any wise affect this
Lease Agreement and shall not be considered in any construction thereof.
Section 2304. It is agreed that after the bonds are fully paid and dis-
-
charged, or adequate provision is made for the ir payme nt and discharge I and all
proper and reasonable fe e s a nd expenses of the Trustee and Paying IIgent arc paid
or adequate provis ion made for their payment, the Trustee shall cease to have any
r icht , title o nd interest in, to or under th i.s Lease Agreement. Thef8af~er, all
-.
riDhts of e pprova l or other rights hero in s pcc if iod w ith roforcnce to tlio 'Trustee
::;hall inure; to the bcnof it of and be a ppl ic.i blr. to LC~;~;(Jr.

of rent by Le s sco or t-ho failure or rcfu sal by Lcs scc to observe, keep or per-
form any other covenant f condition l promise or <Jgfccmcnt set forth in this
Lease Agreement to be obs erved r kept or performed by the Lessee, the Trus tee
shall be entitled f in the name of the Lessor I or in its own name (in accordance
wi th the provisions of the Trust Indenture), to enforce each and every right or
remedy herein accorded in this Leas e Agreement to Les sor in the event of the non-
performance or non-observance by Lessee of any such promise, covenant or
agreement.
Section 2306. The provision s of this Lease Agreement shall
bind and inure to the benefit of the partie s hereto and their re spective sue-
ce s sor s , assigns and suble s see s (it being understood that assignments and
subleasing are governed by the provisions of Article A'VI hereof) .
Section 2307. It is agreed that the Lessor and the Lessee shall
not alter I modify or amend any of the terms of this Lease Agreement without
the prior wr itten a pprova l of the TrUSl:8er which consent will not be unreasonably
'Withheld.
....-- , .
Section 2308. Lessee shall promptly furni sh to Lessor and to the
Trustee I within 120 days after the end of each fiscal year of Lessee I a balance
sheet of Lessee as at the end of such fi sca l year and the related statements of
income and surplus for such fiscal year I all in reasonable detail and accompanied
by a report or certificate of independent registered public accountants of recognized
standing f who may be the accountants regularly employed by the Lessee r in the
form normally reported by the Lessee to its shareholders.
Section 2309. The Lessee 'will maintain its corporate existence
and will not, without the consent of the Trustee I dissolve I sell, lease or
othcrwrse dispose of all or substantially all of its business and assets provided,
however I the Lessee may f without the consent of the Trustee I consolidate
'lion s hu ll oxpre s s ly e s surno in wr it inq e l) of the obJig;}tions of Lessee contained
in this Lease Agreement and that the net tangible assets of the other corporation
. ,
after the consolidC1UoJl, morqor or sale be at lGClst equal to the net tangible
a s sct s of Le ssoe immediately prior to such cons o.lide t.ion J merger or se Io . In
the event of the consolidaTIon wrth or merger into anofher corporation or the sale
of all, or sub stant ia IIy all, orf' rt s buu ssme

t, i s s ana, assets by the Lessee, as permitted
by this subsection, and the assumption by the other corporation of the ob1igations
hereof J the Lessee shall be relieved from all further obligations hereunder, As
used herein "net tangible assets" means all assets of the corporation (except
there shall not be included good will) less all liabilities.
Section 2310. Lessor and Lessee covenant that each of them will cause
this Lease Agreement, the New Project I Guaranty Agreement and the Trust Indenture J
and all instruments supplemental to any of them, to be kept recorded and filed
in such manner and in such places (if any) as may be required by law in order
- -
fully to preserve and protect the security of the bondholders and the rights of
the Trustee under the Trust Indenture.
Section 2311. The Lessor agrees that [ when requested by the Lessee,
it will take the necessary steps to grant sewer I utility J road and street easements
over, along, across and under the leased premises, and to take such action as may
be necessary to secure an appropriate release of the lien of the Trust Indenture
(as authorized by Section 802 of the Trust Indenture). The Lessor and Lessee I in
proceeding pursuant to this sectjon , may rely upon and act in accordance with a
certificate of a duly qualified engineer I 'who may be an engineer employed by the
Lessee.
Al1TICLE XXIV
EXPANSION OF FACILITIES
Section 2401. The progress of Lessee's business may justify an
expansion of the Project or the construct ion of additional industrial facilities
(herein referred to as "additIonal facilities") beyond those that can be financed
out of the proceed sof thebond s to such an extent that Lessee may not desire to
proceed underthe provisions of Section 602 to construct such facilities. There-
fore I it is agreed, subject to all of the provisions of this Article )Q-QV I as follows:
(a) If Lessee desires to construct additional facilities I it shall
notify Lessor and Les sor C!-greesto proceed under the provisions of Act No. 9 (or
any similar then existing legislation authorizing municipalities in the State of
Arkansas to issue bonds for the purpose of securing and developing industry) to
issue additional bonds I othervvise than under the Indenture I subject to the require-
ments of Act No. 9 or any such then existing law I to finance such additional
facilities ~ In that event I the Lessor and the Lessee agree to execute a separate
Lease Agreement covering the. financing of such addittcnal facilities and the
leasing thereof to Lessee upon the same terms and conditions as set forth in this
Lease Agreement, subject to any changes or additions that may then be agreed
upon by Lessor and Lessee, but there must be included provision for basic annual
. .
rent in the amount necessary to provide for the payment of the princ ipa l of and
interest on. any such additional bonds I and the land involved in such expansion
program shall automatically be wrthdrawn from this Lease Agreement upon be-
coming subject to a separate Lease Agreement between Lessor and Lessee.
[b) If for any reason the additional facilities cannot be financed
under Act No.9, or any then existing similar law I as provided in sub-paragraph (a)
above, or if for any reason Lessee does not desire to so proceed, Lessee shall
have the right, upon notice to Le s sor , to require Lessor to the extent permitted by
Section 2404 to convey the land to be Invo lve d in said expansion program to
- Lessee by general warranty deed free and clear of all encumbrances except those
to which title was subject when leased hereunder.
Section 2402. Lessor shall make appropriate provisions in the
Trust Indenture for a release of the lands to be involved in any expansion program
(under either Section 2401 (a) or Section 2401 (b))from the lien of the Trust Indenture.
The consideration to be .paid by Lessee to Lessor upon conveyance of the lands
pursuant to the provisions of Section 2401 (b) shall be One Dollar ($1.00) per acre
and the mutual benefits to be derived by the parties from such expansion program.
Section 2403. The fact that the land involved in suchcxpans ion
program shall cease to be subject to this Lease Agreement by virtue of becoming
subject to a separate Lease Agreement or being acquired by Lessee shall not
relieve / and shall not result in the relieving of Lessee of its obligations to pay
basic rent and additional rent or any of the other covenants and obli.gations on the
part of Lessee to be performed under this Lease Agreement, or result in any
diminution thereof.
Section 2404. Lessee's expansion program and the land subject to

/
said separate Lease Agreement or said acquisition by Lessee pursuant to the
provisions of Section 2401 may include only such portion of the New Project I
land originally leased and demised by this Lease Agreement as. shall not at such time
- '
be improved with a building or buildings or other structure or structures or be ne ces sarv
for adequate ingress and egress to and from said buildings and structures plus such
additional land adjacent to said buildings and structures I as may be reasonably
necessary for the proper and efficient use of such buildings and structures.
Section 2405. The rights conferred upon Lessee by this Article XXIV
shall be in addition to and not in limitation of any of the options granted to Lessee
by the provisions of Article XX hereof, and the provisions of this Article XXIVare
in addition to and not a limitation upon Lessee I s rights under Section 602 hereof,
ARTICLE XXV
REMOVAL AND DISPOSAL OF PROPERTY
Secti.on 2501. The Lessee may, provided Lessee is not in default in
the payment of basic rent or additional rent as required by the provisions of
this Lease Agreement and has not received notice of any other default on
its part hereunder, remove, free of any right or claim of Lessor or the Trustee,
any building service equipment (hereinafter defined r subject however, in all
cases to the following:
(a) Building service equipment may be so removed upon the sub-
stitution thereof I then or theretofore, by Les s ee of other building service equip-
ment of a utility or value at least equal to that, at the time of removal, of the
building service equipment removed;
(b) Worn out or obsolete building service equipment may be so
removed and building service equipment added by Lessee after the full com-
pletion of a building (and not by way of repair, replacement or the like) may be
removed I provided the original efficiency, utility and value of the building is
not impaired;
(c) Lessee shall pay all the costs and expenses of any such removal
and shall immediately repair at its expense all damages ca.used thereby.
The term "building service equipment" is intended to refer to such
things as are affixed to or incorporated in a building -for its operation, such as
boilers, pumps, tanks, electrical panel switchboards, sprinklers, lighting
equipment and wiring I hea.ting, plumbing and ventilating equipment, elevators I
escalators I refrigerating I air cDnditioning and air cooling equipment I and items
similar in general to any of the foregoing.
Section 2502. The Lessor and the Lessee recognize that after
Lessor's machinery and equipment is in staHed portions thereof may become
Inade quara , obsolete I worn out, unsuitable, undesirable or unnecessary in the

operation of the Project as a modern manufacturing pl ant . The Lessor shall not
- be under any obligation to renew r repair or replace any such inadequate r
obsoleter worn out, unsuitable, undesirable or unnecessary items of Lessor's
machinery and equipment, In any instance where the Lessee in its sound dis-
cretion determines that any items of Lessor's machinery and equipment have
become inadequate obsolete, worn out, unsuitable, undesirable or unnecessary
in the operation of the Project as a modern manufacturing pl e nt ,
(a) _The Lessee may remove such items of Lessor's machinery
and equipment from the Project I and (on behalf of the Les sor)
s el l , trade-in, exchange or oth erwi s e dispose of thern without
any responsibility or accountability to the Lessor or the Trustee
therefor, provided that the Lessee substitute (either by direct pay-
ment of the cost thereof or by advance to the Lessor of the funds
necessary therefor I as hereinafter provided) and install anywhere
in the Project other machinery or equipment having equal or
greater utility (but ,not necessarily the same function) in the
operation of the Project as a modern manufacturing plant, and pro-
vided further that such removal and substitution shall not impair the
operating unity of the Project, and all such substituted machinery
or equipment shall be the sale property of the Lessor shall be and

. '
I
become a part of Lessor's machinery and equipment subject to this
-Lea se and Agreement and shall be held by the Lessee on the same
terms and conditions as items originally comprising Lessor's
machinery and equipment; or
(b) The Lessee may remove such items of Les sor ' s machinery and
equipment from the Project and sell, trade-in or exchange them (in
whole or in part) on 'behalf of the Lessor I either to itself or to
another t or scrap them (in whole or in part), without being required
to substitute and install in the Project other items of machinery or

equipment in Ii eu there of , provided (i ) that in the case of the sale:
of any such machinery or equipment to anyone other than itself
or in case of the scrapping thereof: the Lessee pays into the Bond
Fund the proceeds from such sale or the scrap value thereof, as the
case may be, (ii) that in the case of the trade in of such machinery
or equipment for other machinery or equipment not to be installed
in the Pr9ject,_the Lessee pays into the Bond Fund the amount of
the credit received by it on such trade in! and (iii) that in the
case of the sale of any such machinery or equipment to the Lessee,
the Lessee pays into the Bond Fund an amount equal to the original
cost thereof less depreciation at rates calculated in accordance
with generally accepted accounting principles.
- In any case where the Lessee purchases, installs and substitutes
in the Project any item of machinery or equipment! the Lessee: rnay , in lieu of
purchasing and installing said items of machinery and equipment itself I advance
to the Lessor the funds necessary therefor t whereupon the Lessor will purchase
and install such machi-nery or equipment in the Project.
The Lessee will promptly report such removals! substitutions! sales
and other dispositions of items of Lessor's machinery and equipment to the
Trustee I will pay to the Trustee" such amounts as are required by the provisions
of the preceding subsection (b) to be paid into the Bond Fund promptly after
the sale I trade-in or scrapping requiring such payment [ and will execute and
deliver to the Lessor and the Trustee such documents as may from time to time
be requested to confirm the title of the Le s sor (subject to this Lease Agree-
ment) to any items of machinery and e qui pment that under the provisions of this
section are to become a part of Lessor's machinery and equipment. The Lessee
will pay any costs (including counsel fees) incurred in subjecting to the lien
of the Indenture any items of machinery or equipment that under the: provisions
of this section arc: to become a part of Le s sor '.s machinery and e qui pmcnt. The
Lessee will not remove or permit the removal of any of Lessor's machinery
and e qa Iprncnt from the leased premises except in accordance wi th the
provisions of this section <
Section 2503. If requested by Lessor I Lessee shall furnish to
Lessor { within Sixty (60) days after the end of each calendar year I Lessee's
certificate setting forth a summary description of all removals made pursuant
to Sections 2501 and 2502.

IN VvITl--JESSWHEREOF 1 the parties hereto have caused th i ,; Lease
Agreement to be 5 igned in several counterparts, each of whi ch ma
considered an original without the presentation of the others: by their july
authorized officials and officers as of the day and year first hereinabove
written.
Qd
CITY OF MOUNTAIN HOME
LESSOR
r ARKA.NSAS
BUUAU~
I
-: l/ I
Mayor
ATTEST:
f
/
t
(SEAL)
TRAVENOL LA.BORATORIES; INC.
By _
(Title)
ATTEST:
(Title)
(SEAL)
/
ACKNOVvLEDGMENT
STATEOF ARKANSAS )
)
COUNTY OF BAXTER )
On this --- day of ---------- f 1972 I before me f a Notary
Public duly commi s s io ned , qualified and acting I vvithin and for the County
and State aforesaid! appeared in person the within named

----------
and , Mayor and City Clerk, respectively of the City
of Mountain Hom e , Arkansas ( a municipality of the State of Arkansas I to me
personally known, who stated that they were duly authorized in their respective
capacities to execute the foregoing instrument for and in the name of the City I
and further stated and acknowledged that they had s io ned , executed and delivered
the foregoing instrument for the consideration, uses and purposes therein mentioned
and set forth.
IN TESTIMONY VvHEREOFr I have hereunto set my hand and official
seal this day of , 1972. -
Notary Public
ACKNO\tVLEDGMENT
STATEOF
COUNTY OF
On this day of , 1972 I before me I a Notary
Public duly commissioned, qualified and acting within and for the County and
State afore sa id , appeared in person the within named

-------------
and _ __________ and _
respectively of Travenol Laboratories I Inc., a Delaware corporation, authorized

-
to do business in the State of Arkansas, to me personally known, who stated
that they were duly authorized in their re s peot ive capacities to execute the
foregoing instrument for and in the name and behalf of the corporatron , and
further stated and acknowledged that they had so s iq ned , executed and delivered
the foregoing instrument for the coris ideratton, uses and purposes therein mentioned
and set forth.
" IN TESTIM ONY WHEREOF 1 I have hereunto set my hand and official
seal this day of 1 1972.
Notary Public
(SEAL)
EXHIBIT I};.
NEW PROJECT I LAND

EXHIBIT B
1963 LAND
Section 2. That the Mayor and Ctty Clerk be, and they are hereby J
authorized and directed r for and behalf of the City, to do all things, execute
all instruments and otherwise take all action necessary to the realization of
the City's rights and to the discharge of the City's obligations as Lessor under
the Lease and Agreement.
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 J phrases or provisions.
Section 4. That all ordinances and parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
Section S. That there is hereby found and declared to be an immediate
need for the securing and developing of indus try in order to provide additional
employment and increased payrolls, alleviate unemployment and provide other
benefits incidental to the operation of a substantial industry, and the execution
and delivery of the Lease and Agreement authorized by this Ordinance are
necessary for the accomplishment of these public benefits and purposes. It is I
therefore, declared that an emergency exists I and this Ordinance I being
necessary for the immediate preservation of the public health, safety and welfare,
shall be in force and take effect immediately upon and after its passage.
PASSED: ____ F_e_b_ru_a_r..;;;.y_28

1972.
J
ATTEST:
(SEAL)
CERTIFICATE
The undersigned I City Clerk of Mountain Home I Arkansas hereby
certifies that the foregoing pages are a true and perfect copy of Ordinance
No. 292 passed at a regular session of the City Council of Mountain
Home I Arkansas held at the regular meeting place of the Council at 7: 30
a' clock --L. m • I on the 28th day of February f 1972 f and that the Ordin-
and 59
ance is of record in Ordinance Record Book 2 f at page58/ I now in my
pas ses sian.
GIVEN under my hand and seal this 28th day of February I 1972.
!
/ City Clerk
(SEAL)
ORDINANCE NO, 293
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL

DEVEl.OPNIENT R1"'VENUEBONDS UNDER ACT NO, 9 OF THE
FIPBT EXTRP~ORDINARY SESSION OF THE SIXTY-SECOND GENERP.L
ASSEJ'v1BLYOF THE STATE OF ARKANSAS, APPROVED JANUARY21,
1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERlv1A-
NENT FINANCING OF THE COST OF SECURING AND DE"vELOPING
UJDUSTRY (THE PAPTICULAR INDUSTRl4L PROJECT IS DESCRIBED
IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND
DELIVERY OF A TRUST INDENTURE SECURHJG THE BONDS; AUTHO-
RIZING THE ACCEPTANCE OF THE NE-VVPROJECT I GUARANTY
AGREEMENT; AUTHORIZING .Zl.NDPRESCRIBING OTHER MATTERS
PERTAINING TO THE INDUSTRIAL PROJECT! THE CONSTRUCTING
THEHEOF AND THE FINANCING THEREOF; AND DECLARING AN
EJ'vTERGENCY.
WHEREASthe City is authorized by Act No.9 of the First Extraordinary
Session of the Sixty-Second General Assembly of the State of Arkansas I
approved January 21/ 1960 I as amended ("Act No.9") I to acquire lands I con-
struct and equip manufacturing buildings I improvements and facilities and to
incur other costs and expenses and make other expenditures incidental to and
for the implementing and accomplishing of the conduct of manufacturing
operations; and
VvHEREASthe City is authorized by Act No.9 to issue Industrial De-
velopment Revenue Bonds payable from revenues derived from the industrial
project so acquired and constructed and secured by a lien thereon; and
WHEREAS the City owns certain lands in Baxter County I Arkansas
(des cribed on Exhibit B to the Trust Indenture made a part hereof and referred to
as the "1963 land It) and has heretofore constructed and equipped manufacturing
facilities thereon which have been leased by the City to Baxter Laboratories I
Inc. I a Delaware corporation (" Baxter") by a Leas e and Agreement dated as of
April 16, 1963 (the "1963 Lease Agreement") with the project there involved (the
"original Proj ect ") having been financed by the City issuing Industrial DeveJop-
ment Revenue Bonds in the principal amount of $2 1500 I 000 (the "1963 bonds"
and secured by a Trust Indenture by and between the City and Worthen Bank
& Trust Company f dated as of April 1 f 1963 (the" 1963 Indenture "); and
\I\THEREAS
Baxter has assigned its right f title and intere s t in the
1963 Lease Agreement to 'I'rave nol Laboratories f Inc. f a Delaware corporation
("Traveno1") and Travenol is presently operating the original Project; and
WHERRAS the operations of Tra venol in the original Project have
developed to the point that a substantial expansion is neces sary and arrange-
ments have been made between the City and 'I'rave riol for the City to remodel
-
the original Project f construct and equip additional manufacturing buildings
on the 1963 land and on land adjacent thereto (the "New Project I land ") and
acquire and install machinery and equipment ("New Project I"); and
WHE..R.EAS
no provisions were included in the 1963 Lease Agreement
or ini:he 1963 Trust Indenture for a withdrawal of lands from the 1963 Lease
Agreement or a release of such lands from the lien of the 1963 Indenture with
the res ult that the remodeling and the permanent improvements constructed on
the 1963 land will become subject to the 1963 Lease Agreement and the It en of
WHEREASthe City proposes to finance New Project I and necessary
costs and expenses incurred in connection therewith by a uthorizing Industrial
Development Revenue Bonds under Act No. 9 in the principal amount of not to
exceed Five Million Dollars ($5 1000, 000) (the "bonds "); and
WHEREASthe City and Tra venol are executing a Lease and Agreement
hereinafter described in detail but which, generally stated I specifically leases
the New Project I land I improvements thereon, and machinery and equipment and
among other provisions specifies basic rent sufficient to provide for the payment
of the principal of and interest on the bonds; and
VV"HEREAS
Travenol is a subsidiary of Baxter and Baxter has agreed to
unconditionally guarantee performance by Tra venol of its obligations under the
Lease Agreement by an instrument identified as the "New Project I Guaranty
Agreement"; and
\VHEREl-'l.S
there has been submitted to the electors of the City the
question of iss uing the bonds at a special election, and at the special election
the electors a pproved the is s uance of the bonds; and
VVHERRl.\S
the bonds are to be sold and delivered in series I with there
being initially issued Series A in the principal amount of $3,300,000, dated,
bearing interest, maturing and subject to redemption prior to maturity as here-
after set forth in the form of Indenture authorized by this Ordinance;
NOW, THEREFORE, BE IT ORDAINEDby the City Council of the City
of Mountain Home,
~ Arkansas:
-.-
Section 1. That there be f and there is hereby authorized and directed
the following:
(a) The sale of the Series A Bonds;
(b) The acquisition and construction of the Project, and in

connection therewith, the execution of any neces se ry
architectural, engineering or construction contracts or
the acceptance of an assignment of any such contracts
previously executed by Travenol, for the constructing
and equipping of New Project I;
(c) The performance of all obligations of the City under the

Lease Agreement pertaining to the constructinq and
equipping of New Project I and the per:.formance of all obli-
gations of the City under the contracts referred to in
(b) above.
(d) The acceptance of the New Project I Guaranty Agreement.
Section 2. That to provide for the authorization and to secure Industrial
Development Revenue Bonds of the City under Act No. 9 in the total principal
amount of not to exceed $5/ 000, 000 I to provide for the immediate execution and
delivery of the Series A Bonds in the principal amount of $3/300,000, and to
pres cribe the terms and conditions upon which the bonds are to be secured, exe-
cuted, authenticated, accepted and held, the Mayor is hereby authorized and
directed to execute and acknowledge a Trust Indenture, and the City Clerk is
hereby authorized and directed to execute and acknowledge the Trust Indenture
and to affix the seal of the City thereto, and the Mayor and City Clerk are her eby
authorized and directed to cause the Trust Indenture to be accepted, executed and
acknowledged by the Trustee, with the Trust Indenture! which constitutes and is
hereby made a part of this Ordinance I to be in substantially the following form,
to wit:
TRUSTINDENTURE
This INDENTUREexecuted as of the first day of March I 1972 I by and
between the CITY OF MOUNTAIN HOME; ARKANSAS a city of the first class,
I
duly existing under the laws of the State of Arkansas (the "City"), as party of
the first part, and COMMERCE UNION BANK; an institution organized under and
existing by virtue of the laws of the State of Tennessee I with its principal office,
domicile and post office address in Nashville, Tennessee (the "Trustee"), as
party of the second part:
\IVITNESSETH:
V\THEREAS
the City is authorized by Act No.9 of the First Extraordinary
Session of the Sixty-Second General Assembly of the State of Arkansas I approved
January 21,1960, as amended ("Act No.9"), to acquire lands, construct and
equip manufacturing buildings ( improvements and facilities and to incur other
co sts and expen se s and make other expenditure s incidental to and for the imple-
menting and accomplishing of the conduct of manufacturing operations; and
WHEREASthe City is authorized by Act No.9 to issue Industrial Develop-
ment Revenue Bonds payable from revenues derived from the industrial project so
acquired and constructed and secured by a lien thereon; and
WHEREASthe City owns certain lands in Baxter County, Arkansas (described
on Exhibit A hereto and referred to herein as the" 1963 land") and has heretofore
constructed and equipped manufacturing facilities thereon which have been leased
by the City to Baxter Laboratories, Inc , , a Delaware corporation ("Baxter") by a
Lease and Agreement dated as of April 16, 1963 (the "1963 Lease Agreement") with
the project there involved (the "original Project") having been financed by the City
issuing Industrial Development Revenue Bonds in the principal amount of $2,500,000
(the II 1963 bonds ") and secured by a Trust Indenture by and between the City and
Worthen Bank & Trust Company, dated as of April I, 1963 (the II 1963 Indenture ");
and
WHEREi\S Baxter has assigned its right, title and interest in the
1963 Lea se Agreeme!lt to Travenol Laboratories, Inc., a Delaware corporation
(IITravenol") and Travenol is presently operating the original Project; and
WHEREASthe operation s of Travenol in the original Proj ect have
developed to the point that a substantial expansion is necessary and arrange-
ments have been made between the City and Travenol for the City to remodel the
original Project, construct and equip additional manufacturing buildings on the
1963 land and on land adjacent thereto (the "New Project 1 land") and acquire
and install machinery and equipment ("New Project ff); and
WHEREASno provisions were included in the 1963 Lease Agreement or
in the 1963 Trust Indenture for a withdrawal of lands from the 1963 Lease
Agreement or a release of such lands from the lien of the 1963 Indenture with
the result that the remodeling and the permanent improvements constructed on
the 1963 land will become subject to the 1963 Lease Agreement and the lien of
WHEREASthe City proposes to finance New Project I and necessary
costs and expenses incurred in connection therewith by authorizing Industrial
Development Revenue Bonds under Act No. 9 in the principal amount of not to
exceed Five Million Dollars ($5,000,000) (the "bonds"); and
WHEREASthe City and Travenol are executing a Lease and Agreement,
hereinafter described in detail but which, generally stated, specifically lea ses
the New Project I land, improvements thereon, and machinery and equipment and
among other provisions specifies ba sic rent sufficient to provide for the payment
of the principal of and interest on the bonds; and
WHEREASTravenol is a subsidiary of Baxter and Baxter has agreed to
unconditionally guarantee performance by Travenol of its obligations under the
Lea se Agreement by an instrument identified a s the "New Proj ect I Guaranty
Agreement"; and
\\THEREASthere has been submitted to the electors of the CHy the
question of issuing- the bonds at a special election I and at the special
election the electors approved the issuance of the bonds; and
\VHEREASthe bonds are to be sold and delivered in serie s r with
there being initially issued Series A in the principal amount of $3,300, 000 r
dated, bearing interest, maturing- and subject to redemption prior to maturity
as hereinafter set forth; and
"V\lHEREAS
the execution and delivery of this Trust Indenture (sometimes
called the "Trust Indenture" or the "Indenture") and the issuance of the bonds
have been in all respects duly and validly authorized by ordinance of the City
Council of the City / adopted and approved on the 7th day of February, 1972; and
vvtIEREASthe bonds I interest coupons to be attached thereto and the
Trustee s Certificate
t to be endorsed thereon are all to be in substantially the
following form I with necessary and appropriate variations I omissions and in-
sertions as permitted or required by this Indenture f to wit (the form is set up
for Series A and there shall be necessary conforming changes in the case of
subsequent series):
(Form of Bond)

STATE0 F AJ~KA.N SAS
COUNTY OF BIlXTER
CITY OF lVIOUNTAINHOJIi'IE
% INDUSTRIAL DEVELOPMENTREVENUEBOND -
TR1NENOLIJ\BOR1\.TORf£S- NEVVPROJECT I
SERIES A
No. -.A $5000
KNOVJALL MEN BYTHESE PRESENTS:
That the City of Mountain HOITJer Baxter County I Arkansas I a municipality
under the Iaw s of the State of Arkansas (the "City")! for value re.ce ived , promises
to pay to bearer I or if this bond be registered to the registered owner hereof I on
March 11 19 F the princ.ipa I sum of
FIVE THOUSAND DOLlP.RS
in such coin or currency of the United States of America as at the time of payment
shall be legal tender for the payment of public and private debts I and to pay in
like coin or currency interest on said principal amount from the date hereof until
paid at the rate of per cent ( %) per annum, such intere st to be payable
semiannually on March 1 and September 1 of each year I commencing September I,
1972. Payment of principal and interest evidenced by coupons shall be made at
the princtpa l office of Commerce Union Bank, Na shvi.l le , Tennessee (the "Trustee"
and the "Paying- Agent"). Payment of interest, when registered as to interest,
shall be by check or draft to the registered owner as shown on the bond registration
book of the City maintained by the Trustee.
This bond, designated" City of Mountain Home r Arkansas Industrial
Development Revenue Bond - Travenol Laboratories - New Project I, Series A, is
one of a series of bonds aggregating Three Million Three Hundred Thou sand
Dollars ($3,300,000) (the "Series A Bonds"). The Series A Bonds are part of an
authorized issue of $5 000 ,000

I in principal arnount , to be issued in series I
with the bonds of all series to rank on a parity of security and the the bonds
of all series to be collectively referred to a sthe "bonds". The bonds
are being issued for the purpose of financing expansion facilities at the
industrial project presently owned by the City and leased to and operated by
Traveno1 Laboratories I Inc. I a De laware corporation ("Traveno1") I which will
consist of remodeling the existing facilities { constructing and equipping new
manufacturing buildings and acquiring and installing machinery and equipment
("New Project r'). The bonds are all issued under and are all equally and ratably
secured and entitled to the protection given by a Trust Indenture (the "Indenture") I
dated as of March I, 1972! duly executed and delivered by the City to the Trustee!
which Indenture is recorded in the office of the Circuit Clerk and Ex-Officio
Recorder of Baxter County I Arkansas! and reference is hereby made to the Indenture
and to all indentures supplemental thereto for the provisions I among others I w ith
respect to the nature and extent of the security I the rights I duties and obligations
of the City I the Trustee and the holders and registered owners of the bonds I and
the terms upon which the bonds are issued and secured.
The bonds are issued pursuant to and in full compliance with the Constitution
and laws of the State of Arkansas, particularly Act No. 9 of the First Extraordinary
Session of the Sixty-Second General Assernbly of the State of Arkansas f approved
January 21,1960, as amended ("Act No.9"), and pursuant to Ordinance No.
of the City passed and approved on the 7th day of February I 1972 which ordinance
I
authorized the execution and delivery of the Indenture. The bonds are not general
obligations of the City, but are special obligations payable solely from lease
rentals and revenues derived from New Project 1. A Lease Agreement has been
executed between the City as Lessor and Traveno1 as Lessee, which provides for
basic rent sufficient to pay the principal of and interest on the bonds as the same
become due. Payment of basic and additional rent and performance of all other
covenants and obligations of the Lessee (Travenol) have been unconditionally
guaranteed by Baxter Laboratories, Inc. a Delaware corporation f by an instrument
designated "New Project I Guaranty Agreement". Provision has been made in the
Lease Agreement for the basic rent to be paid directly to the Trustee and deposited
in a special account of the City designated" Mountain Home, Arkansas 1972
Industrial Development Revenue Bond Fund - Travenol Laboratories - New Project I"
(the "Bond Fund"). New Project I revc nue s (including particularly rentals
under the Lease Agreement) have been duly pledged by the Indenture to the
payrnent of the principal of and interest on the bonds f and the bonds are
secured by a lien and security interest in the Ne"\'V

Project I land I improvements
thereon and the machinery and equipment specified in the Indenture. The bonds
do not constitute an indebtedness of the City w lth in the meaning of any
constitutional or statutory limitation.
The holder of this bond shall have no right to enforce the provisions of
the Indenture or to institute action to enforce the covenants therein f or to take any
action with respect to any event of default under the Indenture f or to institute s
appear in and defend any suit or other proceeding with respect thereto; except as
provided in the Indenture. In certain events r on the conditions I in the manner and
with the effect set forth in the Indenture I the principal of all the bonds issued
under the Indenture and then outstanding may be declared and may become due and
payable before the stated maturity thereof I together with accured interest thereon.
Modifications or alterations of the Indenture I or of any indenture supple-
mental thereto I may be made only to the extent and in the circumstances permitted
by the Indenture.
The Series A Bonds shall be subject to redemption prior to maturity as
follows:
(1) The Series A Bonds shall be redeemed from the proceeds of condemnation
of all or substantially all of the Project or from the Lessee exercising an option to
purchase pursuant to the provisions of Section 2002 A. of the Lease Agreement, in
whole but not in part I at any time I at a redemption price equal to the principal
amount being redeemed plus accrued interest to the redemption date I plus a
premium of 2% of the principal amount being redeemed.
(2) The Series A Bonds shall be redeemed from the proceeds of the Lessee
purchasing the Project or prepaying rent pursuant to the provisions of Section 1905 (2)
of the Lease Agreement, at any time I at a redemption price equal to the principal
amount of the bonds being redeemed plus accrued interest to the redemption
date and plus a premium in an amount calculated by multiplying one year's
interest on the prtnc ipal amount of bonds outstanding on the date on which
interest on the bonds becomes taxable by reason of the occurrence of the
circum stance s set forth in Section 103 (c) (6) (D) and (E) of the Internal Revenue
Code of 1954, as amended, times the number of years (counting as an entire
year any uncompleted fraction thereof) which lapses between the date on which
interest on the bonds become s taxable and the date of redemption (year as used
herein means a period of 365 consecutive days).
(3) The Series A Bonds may be redeemed on and after March 1 r 1982,
at the option of the City r from funds from any other source I in whole or in part I
in inverse numerical order I with there to be no partial redemption of any bond I
on any interest payment date I at a redemption price equal to the principal amount
of the bonds being redeemed plus accrued interest to the date of redemption and
plus a premium of 2-3/4% of the princrpal amount of the bonds being redeemed.
newspaper published in the City of Little Rock, Arkan sa s I and he ving a general
circulation throughout the State Of Arkansas I which publication shall be not
less than thirty (30) days before the date of redemption. In addition, notice of
redemption shall be mailed by registered or certified mail to the registered owner
of any bond registered as to principal addressed to such registered owner at his
registered address and placed in the mails not less than thirty (30) days prior to
the date fixed for redemption. In the event that all of the bonds are registered as
to principal, notice in writing by registered or certified mail to the owner or owners
thereof not less than thirty (30) days prior to the date fixed for redemption shall
be sufficient I and published notice of the call for redemption need not be given.
Each notice shall specify the numbers and the maturities of the bonds being
called and the date on which they shall be presented for payment. After the
date specified in such call, the bond or bond s so called will cea se to bear
interest provided funds for their payment have been deposited with the Trustee I
and r except for the purpose of payment, shall no longer be protected by the
Indenture ondshall not be deemed to be outstanding under the provisions of
the Indenture,
This bond may be registered a s to principal alone or a s to pri nc.ipe l
and interest and may be di s charq ed from such registration, in the manner, with
the effect and subj ect to the terms and conditions endorsed hereon and set forth
in the Indenture. Subject to the provisions for registration endorsed hereon and
contained in the Indenture r nothing co ntained in thi s bond or in the Indenture
shall affect or impair the negotiability of this bond and as declared in Act No.9,
this bond shall be deemed to be a negotiable instrument under the laws of the
State of Arken sa s , This bond is issued with the intent that the laws of the State
of Arkan se s wi l l govern its construction.
IT IS HEREBYCERTIFIED RECITEDAND DECLAREDthat all acts

I I conditions
and thing s required to exist I happen and be performed precedent to and in the
issuance of the bonds do exist, have happened and have been performed in due
time, form and manner as required by law; that the indebtedness represented by
the bonds I together with all obligations of the City I does not exceed any con-
stitutional or statutory limitation; and tha t the above referred to revenues pledged
to the payment of the principal and interest on the bonds I as the same become
due and payable I will be sufficient in amount for that purpose.
This bond shall not be valid or become obligatory for any purpo s e
or be entitled to any security or benefit under the Indenture until the Certificate
of Authentication hereon shall have been signed by the Trustee.

IN WITNESS VvHEREOF! the City of Mountain Home, Arkansas hils
caused this bond to be executed in its name by its Mayor and Cleri<., thereuntc
duly authorized, with the facsimile signature of the Mayor and the manual
signature of the Clerk r and its corporate seal to be affixed; and has caused
the interest coupons hereto attached to be executed by the facsimile signature
of its Mayor, all as of the first day of March f 1972.
By (facsimile signature) :-----

Mayor
ATTEST:
7 City Clerk
(SEAL)
(Form of Trustee I s Certificate)
TRUSTEE S CERTIFICATEOF AUTHENTICATION

I
This bond is one of the bonds designated Series A in and issued
under the provisions of the wrthiri mentioned Indenture.
COI\1MERCE UNION BANK

NASHVILLE TENNESSEEI
TRUSTEE
By _
(Authorized Signature)
(Form of Coupon)
$_-- No. _
March,
On the first day of September 1 19 __ 1 the City of Mountain Home f
Arkansas (unless the bond to which this coupon is attached shall have been
previously called for redemption or shall have become payable as provided in
the Indenture referred to in the bond) will pay, solely from the revenues pledged
in the Indenture, to bearer at the principal office of Commerce Union Bank I
Nashville, Tennes see, upon pre sentation and surrender hereof, the sum of
______________ DOLlARS
in such coin or currency of the United States of America as at the time of payment
is legal tender for the payment of public and private debts, being six (6) months I
interest then due on its Industrial Development Revenue Bond - Travenol Laboratories
- New Project I, Series A, dated March 1,1972, and numbered _
By (facsimile signature)
Mayor
PROVISIONS FOR REGISTRATION ]\ND RECONVERSION
This bond may be reqi st.ered as to principal alone on books of
City I kept by the Trustee under the wi thi n mentioned Indenture as bond
registrar, upon presentation hereof to the bond registrar, which shall make
mention of such registration in the registration blank below r and this bond
may thereafter be transferred only upon an as signment duly executed by the
registered owner or his attorney or legal representative in such form as 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 thereafter transferability by delivery shall be restored t but this bond
shall again be subj ect to successive registrations and transfers as before.
The principal of this bond, if registered, unless registered to bearer, shall be
payable only to or upon the order of the registered owner or his legal represent-
ative. Interest accruing on this bond will be paid only on presentation and
surrender of the attached interest coupons as they respectively become due,
and notwithstanding the registration of this bond as to principal! the appurte-
nant interest coupons shall remain payable to bearer and shall continue to be
transferable by delivery; provided; that if upon registration of this bond r or
at any time thereafter while this bond is registered in the name of the owner I
the unmatured coupons attached evidencing interest to be thereafter paid hereon
shall be surrendered to said bond registrar: a statement to that effect will be
endorsed hereon by the bond registrar and thereafter interest evidenced by
such surrendered coupons will be paid by check or draft of the bond registrar
at the times provided herein to the registered owner of this bond by mail to the
address shown on the registration books. This bond when so converted 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. Upon such reconversion the coupons
representing the Interest to become due thereafter to the date of maturity will
again be attached to this bond and a s to tcm ent will be endorsed hereon by
the bond req i stre r in the registration b le nk below whether it is then registered
as to principal or payable to bearer.
: Manner of Signature of
Date of Registration: Name of Registered OVlller : Registration: Bond Registrar
and
WBEREASall thing s neces sary to make the bonds f when authenticated
by the Tru stee and issued a s in thi s Indenture provtd ed , the valid I binding
and legal obligations of the City according to the import th ereof . and to constitute
this Indenture a valid lien on the properties mortgaged and a valid pledge of the
rev enu e s herein made to the payment of the principal of and interest on the bonds,
have been done and performed, and the creation, execution and de ltvery of this
Indenture and the creation, execution and issuance of said bonds, subject to the
terms herof, have in all respects been duly authorized;
NOV\!r THEREFORE, KNOVJALL IvlEN BY THESE PRESENTS, THIS INDENTURE
V\TITNESSETH:
That the City in consideration of the premises and the acceptance by the
Tru stee of the Trusts hereby created and of the purcha se and acceptance of the
bonds by the holders and owners thereof, and the sum of One Dollar ($1.00), lewful
money of the United States of America t to it duly paid by the Trustee t at or before
the execution and delivery of these presents { and for other good and valuable
considerations I the receipt of which is hereby acknowledged { and in order to secure
the payment of the principal of and interest on the bonds according to their tenor
and effect and the performance and observance by the City of all the covenants
expressed or implied herein and in the bonds, subject to the Lease Agreement, does
hereby grant, bargain { sell, convey I mortgage, a ssign and pledge unto the Trustee,
and unto its successor or successors in trust, and to them and their e ssiq n s
forever, for the securing of the performance of the obligations of the City hereinafter
set forth;
1.
The following described real estate and prern i se s situated in Baxter
County I State of Arkansa s I referred to herein a s the New Project I Land f with
all buildings I additions and improvements nO'Nor hereafter located thereon I
together with the tenements I her edi tament s r appurtenances r rights r privileges r
and immunitie s thereunto belonging or appertaining 1 and warrants the title to
the same r to-wit;

2.
-
As provided e l s ewher e in this Indenture, certain of the permanent
improvements being financed out of the proceeds of the bonds are being
con structed on the 1963 land. No provision wa s made in the 1963 Indenture
for the relea se of any land { and permanent improvements constructed thereon
in connection with an expansion program, from the Hen of the 1963 Indenture
and under the provisions of the 1963 Indenture the permanent improvements
constructed on the 1963 land will become subject to the lien of the 1963
Indenture securing the 1963 bonds. Therefore, so long as any of the 1963
Bonds are outstanding J there is no statutory or foreclosable mortgage lien on
the permanent improvements on the 1963 land. However I when the 1963 Bonds I
pri noi pe I and interest I are fully paid; or full provision for such payment is
duly made, it is covenanted and agreed that the City shall forthwith execute
and deliver to the Trustee a s additional security for all outstanding bonds
secured hereby such instruments of conveyance and security as shall be
necessary or desirable (a s requested by the Trustee) to perfect a foreclosable
mortgage lien on and security interest in all or that portion of the 1963 land
and all improvements thereon then owned by the City and to pledge all revenues
derived, and to be derived from such 1963 land and improvements, subject and
subordinate to the interest of the Lessee under the 1963 Lease Agreement, as
it may have been theretofore amended and supplemented. The parties are
proceeding in this Granting Clause 2 as authorized by Section 8 of Act No.9
to declare the nature and extent of the lien, and to the extent necessary to
accomplish the stated purpose of the provisions her eof , to relea se any lien
(statutory or foreclosable) that might otherwise exist until and unless sub-
sequently perfected as above_provided.
?
v.
All machinery, equipment and other personal property of every kind and
nature whatever acquired by the City and paid for out of the Construction Fund
and placed on and in the 1963 land, the New Project I land, improvements
thereon I or elsewhere J including / without limitation / all replacements and
substitutions which become the property of the City pursuant to the Lease
recment. All such maohinery I equ Ipment and personal property shall be
iclentifjed in a 1edger i a copy of which shall be filed with the Trustee and
maintained up to date as to any replacements or substitutions and all such
machinery and equipment and personal property shall be marked with an
appropriate tag or other device reflecting that it i s owned by the City and
covered by this Trust Indenture.
The Lease Agreement and all rights, but not obligations of the City
thereunder and all revenues and income derived by the City from the mortgaged
property I including, without limitation, all rentals received by the City from
the leasing of the mor'cgaged property and in particular the rentals and profits
received under and pursuant to the Lease Agreement.
5.
The Bond Fund and the Construction Fund I and all moneys and invest-
ments therein but subject to the provisions of this Indenture pertaining thereto I
including the making of disbursements therefrom.
6.
The New Project I Guaranty Agreement.
7.
Any and all other property of every kind and nature frorn time to time
which was heretofore or hereafter is by delivery or by writing of any kind con-
veyed, mortgaged, pledged, assigned or transferred, as and for additional
security hereunder r by the City or by any other person, firm or corporation,
or with the consent of the City, to the Trustee, which is hereby authorized to
receive any and all such property at any time and at all times and to hold and
apply the same subj ect to the terms hereof.
TO HAVEAND TO HOLD all the same w ith all privileges and appurtene ncc s
hereby conveyed and e s s iqne d I or agreed or intended so to be I to the Trustee and
its successors in said trusts and to them and their assigns forever;
IN TRUST NEVERTHELESSr upon the terms and trusts herein set forth for
the equal and proportionate beriefi t , security and protection of all holders and
owners of the s ai d bonds and interest coupons thereto attached issued under and
secured by this Indenture without privilege, priority or distinction as to lien or
otherwise of ny of said bonds or coupons thereto attached over any of the others
of said bonds rovrded , however, that if the City I its successors or e s s iqn s ,
shall well and truly pay I or cause to be pai d , the principal of the bonds and the
. interest due thereon r at the times and in the manner provided in the bonds and the
interest coupon s appertaining to the bonds r respectively I according to the true
intent and meaning thereof, and shall make the payments into the Bond Fund as
required under Article V or shall provide, a s permitted hereby I for the payment
thereof by depositing or causing to be deposited with the Trustee the entire amount
due or to become due thereon r and shall well and truly keep I perform and ob serve
all the covenants and conditions pursuant to the terms of this Indenture to be kept,
performed and observed by it, and shall pay to the Trustee all sums of money due
or to become due to it in accordance with the terms and provisions hereof , then
upon such final payments this Indenture and the rights hereby granted shall cea se,
determine and be void; otherwi se , this Indenture to be and remain in full force and
effect.
THIS INDENTURE FURTHERWITNESSETH that, and it is expressly
declared; all bonds issued and secured hereunder are to be issued, authenticated
and delivered and all said revenues and income hereby pledged are to be dealt with
and disposed of under, upon and subject to the terms, conditions, stipulations,
covenants, agreements, trusts r uses and purposes as hereinafter expressed, and
the City ha s agreed and covenanted l and does hereby agree and covenant, with
the Trustee and with the respective holders and owners, from time to time of the
said bonds or coupons or any part hereof, as follows I that is to say:

ARTICLE I
DEFINITIONS
Section 101. In addition to the words and terms elsewhere defined in
this Indenture ( the following words and terms as used in this Indenture shall have
the following meanings:
"Mountain Home ( Arkansas ( 1972 Industrial Development Revenue Bond
Fund - Travenol Laboratories - New Project I" - The fund of the City created by
Section 501 of the Indenture into which the funds specified in Article V are to be
deposited and out of which disbursements are to be made as expressly authorized
and directed by the Indenture,
"bonds" - The City of Mountai n Home ( Arkansas ( Industrial Development
Revenue Bonds - Travenol Laboratories - New Project L issued under and secured
by the Indenture I authorized in the total principal amount of $5 (000 ,000, to be
delivered in series from time to time.
"Series A Bonds" - The initial series of bonds being delivered hereunder
and secured hereby in the principal amount of $3,300,000, described in Section
202 hereof.
"City" - The City of Mountain Home, Arkansas, a municipality under the
laws of the State of Arkansas and situated in Baxter County, Arkansas.
"Indenture tI - This Trust Indenture with all indentures supplemental hereto.
"Outstanding hereunder" - "bonds outstanding hereunder" - All bonds
which have been authenticated and delivered under the Indenture except:
(a) Bonds cancelled because of payment or redemption prior to maturity;
(b) Bonds for the payment or redemption of which cash shall have been
theretofore deposited with the Trustee (whether upon or prior to the maturity
or redemption date of any such bonds) provided that if such bonds are to be
redeemed prior to the maturity thereof, notice of such redemption shall have
been given or satisfactory provision shall have been made therefor; and
(c) Bonds in lieu of which others have been authenticated. under Section 208.
"Paying Agent" - The bank or trust company named by the City as the
place at whi ch the principal of and interest on the bonds is payable. The original
I
Paying Agent is Commerce Union Bank / Nas hv i l Ie ( Tennessee.
"Person" - Includes natural persons ( firms ( associations, corporations
and public bodies"
"Project" or "New Project I l! - The Project consists of the New Project I
Ia nd , buildings and improvements constructed on the 1963 land and on the New
Project I land, and machinery and equipment acquired and ins talled in all or a
portion of such improvements r all paid for out of the proceeds of the bonds"
"original Project" - The original Project consists of lands, buildings, im-
provements / machinery r equipment and facilities situated in Baxter County / Ark-
ansas (lands are des cribed on Exhibit A hereto) owned by the City and leased to
Baxter by a Lease and Agreement dated as of the 16th day of April / 1963 (the
"1963 Lease Agreement") and appearing of record in the office of the Circuit Clerk
and Ex-Officio Recorder of Baxter County, Arkansas/at Book __ Page __ " The
City issued $2 ,500 J 000 in principal amount of Industrial Development Revenue
Bonds to finance the cost of accomplishing the original Project (the" 1963 bonds")
and the 1963 bonds are secured by a Tru s t Indenture by and between the City and
Worthen Bank & Trust Company, Little Rock, Arkansas I dated as of the first day
of April, 1963 (the "1963 Indenture") and appearing of record in the office of the
Circuit Clerk and Ex-Officio Recorder of Baxter County, Arkansas J at Book ---
Page __ "
"Trust estate" - "Property herein conveyed" - The mortgaged property"
"Trustee" - The Trustee for the time being J whether original or successor J
with the original Trustee being Commerce Union Bank, Nashville J Tennessee"
"mortgaged property" - the mortgaged property consists of the properties J
interests and rights set forth in the granting clauses of this Indenture"
"Holder" or "bondholder" or "owner of the bonds" - The bearer of any
bonds not registered as to principal and the registered owner of any bond registered
as to prInc.ipa l or registered as to principal and interest.

"Traveno1" - 'I'rave nol Laboratories, Inc., a Delaware corpora ti cn .
Travenol is Lessee under the Lease Agreement.
"Lease Agreement" - The Lease and Agreement dated as of March 1, J 72,
wherein the City is Lessor and Travenol is Lessee, recorded in the office of the
Circuit Clerk and Ex-Officio Recorder of Baxter County, Arkansas described in
Section 409 A. hereof.
"Authorized Lessee Representative" - The person at the time designated to
act in behalf of the Lessee by written certificate furnished to the Lessor and the
Trustee containing the specimen signature of such person and signed on behalf of
the Lessee by the president or any vice president of the Lessee. Such certificate
may designate an alternate or alternates.
"Authorized Lessor Representative"- The person at the time designated to
act in behalf of the Lessor by written certificate furnished to the Lessee and the
Trustee containing the specimen signature of such person and Signed on behalf
of the Lessor. Such certificate may designate an alternate or alternates. Such
person shall be satisfactory to the Lessee and shall be replaced by the Lessor
upon written request of the Lessee.
"Permitted encumbrances" - (i) This Trust Indenture and the Lease and
Agreement, (Li ) utility, access and other easements and rights of way/ restrictions /
reversions and exceptions that the Lessee certifies will not interfere with or
impair the operations being conducted in the Project, and (iii) such minor defects,
irregularities, encumbrances / easements / rights of way / and clouds on title as
normally exist with respect to properties similar in character to the Project, and
as do not materially impair the property affected thereby for the purpose for which
it was acquired or is held by the City.
"Baxter" - Baxter Laboratories, Inc. I a Delaware corporation and Guarantor
under the New Project I Guaranty Agreement wherein Baxter guarantees the prompt
performance of all obligations of its subsidiary (Traveml) under the Lease Agreement.
"New Project I Guaranty Agreement" - The Guaranty Agreement de s cri bed
in Section 409 B. of this Indenture and which is the Guaranty Agreement wherein
Baxter guarantees the prompt performance of all obligations of its subsidiary

(Tre ve nol ) under the Lease Agreement. An executed copy of the New Project I
Guaranty Agreement is on file in the office of the Trustee.
"Industrial Development Bond Construction Fund - TravenoJ. Laboratories-
New Project I" or 11 Construction Fund" - The fund created by Section 601 into which
the portion of the proceeds of the sale of the bonds specified in Section 601 is
to be deposited and out of which disbursements are to be made in the manner and for
the purposes specified in Article VI of the Indenture.
"City Clerk Ii. - "Clerk" or "Recorder" - The person bolding the office and
performing the duties of Clerk of the City.
"Revenues" - Tbe income r cbarges r and moneys realized from the lease,
sale or other disposition of the Proje ct , including all rentals and other sums to
be received under the Lease Agreement.
Section 1 02. Words of the masculine gender shall be deemed and con-
strued to include correlative words of the feminine and neuter genders. Unless
the context shall otherwi se indicate, the words "bond" r "coupon" I "owner" I
"holder", and" person" shall include the plural, as well as the singular, number.
ARTICLE II
THE BONDS
Section 201. No bonds may be issued under the provisions of this
Indenture ex ce pt in accordance with this Article, and the total principal amount
of bonds that may be issued is hereby expressly limited to Five Million Dollars
($5 I OOO! 000), except with respect to substituted bonds issued under Section
208.
Section 202. A. The initial series shall be designated "City of
Mountain Home I Arkansas,Industrial Development Reve nue Bonds - Travenol Laboratories ~
New Project L Series A" (the "Series A Bonds") and shall be in the principal
amount of $3,300,000. The Series A Bonds shall be dated March 1,1972, and
interest thereon shall be payable semiannually on March 1 and September 1 of
each year, commencing September 11 1972. The Series A Bonds shall be numbered
consecutively from I-A to 660-AI inclusive, shall be in the denomination of
$5 I 000 e a ch , and the principal thereof shall mature annua l ly , unless sooner
redeemed in the manner in this Indenture set forth, on September 1 of each year
as set forth in and in the amount in the amount set opposite each year in the
following schedule I which schedule als a sets forth the bond numbers and the
various interest rates applicable to the Series A Bonds:

MATUFITY YEARS
(l\/la r c h 1) BOND NOS. INTEREST RATE PRINCIPM~ Ah10UNT
1972
1973 I-A - 19-A 6°'/0 $ 95,000
1974 20-A - 39-A 6% 100,000
1975 40-A - 60-A 6% 105,000
1976 61-A - 82-A 6% llO,OOO
1977 83-A - lOS-A 6% ll5,OOO
1978 106-A - 130-A 6% 125,000
1979 131-A - 156-A 6% 130,000
1980 157-A - 184-A 6% 140,000
1981 18S-A - 213-A 6% 145,000
1982 214-A.- 243-A 6% 150,000
1983 244-A - 275-A 6% 160,000
1984 276-A - 309-A 6% 170,000
1985 310-A - 345-A 5.45% 180,000
1986 346-A - 383-A 5.00% 190,000
1987 384-A - 423-A 5.10% 200,000
1988 424-A - 465-A 5.20% 210,000
1989 466-A - 508-A 5.30% 215,000
1990 509-A - S55-A 5.40% 235,000
1991 556-A - 605-A 5.40% 250/000
1992 616-A- 660-A 5.40% 275,000

B. Add it ione l Ids up to the maximum pri:;cipa mount of $1,'100,000
may be subsequently issued at any time for the purpose of pa yi nq Project costs,
expenses and expenditures in connection therewith and the expenses of issuing
the bonds, provided there shall never by issued bonds in a principal amount that
would result in a violation of the limitation specified in Section 103 (c) (6) ( of
the Internal Revenue Code of 1954. Such additional bonds shall be issued in series f
with the next series to be designated "Ser ie s BII and with each series thereafter to
be designated in alphabetical order. Such additional bonds shall be dated; interest
thereon shall be payable semiannually, may have serial maturities or all may have
the same maturity f may contain provisions for redemption prior to maturity and may
contain such other provisions not inconsistent 'with the provisions of this Indenture,
all as shall be set forth in the ordinance of the Ci ty Council authorizing their
issuance. Such additional bonds shall be secured by this Indenture and shall rank
on a parity of security in all respects with the bonds of previously issued series.
They shall be authorized by ordinance of the City Council, which s hal) set forth
the details concerning the bonds f whrch details shall be embodied in a Supplemental
Trust Indenture by and between the City and the Trustee I and an executed copy of
each Supplemental Trust Indenture I together with a certified copy of each authorizing
ordinance I shall be filed with the Trustee prior to the delivery of any such additional
bonds. In addition there must be filed with the Trustee an executed copy of a
Supplemental Lease Agreement increasing the basic rent in the amount neces sery
to provide for the prompt payment of the principal of and Iritere s t on the additional
bonds of the particular series then being issued and an executed copy of a Supple-
ment-to the New Project I Guaranty Agreement specifying the Guarantor's approval
and providing tha t the guaranty covers the Lease Agreement as so supplemented.
·When there shall have been filed with the Trustee a certified copy of the ordinance I
an executed copy of the Supplemental Lease Agreement I an executed copy of the
Supplement to the New Project I Guaranty Agreement I all as aforesaid, and an
opinion of counsel satisfactory to the Trustee approving the additional bonds of the
series then proposed to be i s s ue d , the Trustee shall authenticate said additional bonds
when executed and delivered to it with the seal of the City affixed and deli such
additional bonds as provided in the Supplemental Trust Indenture.

Section 2-03. The bonds shall be executed on behalf of the City by the
Mayor (by his manual or facsimile signature) and City Clerk (by his manual
signature) thereof and shall have impre ssed thereon the seal of the City. The
coupons attached to the bond s shall be executed by the fac simi le s ic natur e of the
Mayor. The Mayor shall file the certHicate required by Act No. 69 of the Acts of
Arkansas of 1959 and otherw i se comply with the provisions of said Act No. 69 of
1959 f and his facsimile signature shall have the same force and effect as if he had
personally signed, The bonds I together w ith intere st thereon, shall be payable from
the II Bond Fund" as hereinafter set forth, and shall be a valid claim of the holders
thereof only against such fund and the revenues pledge_d to such fund (but in
addition shall be secured by a lien on and security interest in the Project) I wh ioh
revenues are hereby pledged and mortgaged for the equal and ratable payment of the
bonds and shall be used for no other purpose than to pay the principal of and interest
on the bonds I and the Paying Agent's fees I except as may be otherwise expressly
authorized in this Indenture. The bonds and interest thereon shall not constitute
an indebtedness of the City within the meaning of any constitutional or statutory
provision. In case any officer whose signature or facsimile of whose signature
shall appear on the bonds shall cease to be such officer before the delivery of such
bonds I such signature or such facsimile shall nevertheless be valid and sufficient
for all purposes I the same as if he had remained in office until delivery.
Section 204. Only such bonds as shall have endorsed thereon a
Certificate of Authentication substantially in the form hereinabove set forth duly
executed by the Trustee shall be entitled to any right or benefit under this Indenture.
No bond and no coupon appertaining to any bond shall be valid and obligatory for any
purpose unless and until such Certificate of Authentication shall have been duly
executed by the Trustee I and such Certificate of the Trustee upon any such bond
shall be conclusive evidence that such bond has been authenticated and de uver cd
under this Indenture. The Trustee's Certificate of Authent ice tion on any bond shall
be deemed to have been executed if signed by an author iz ed officer of the Truste I
but it shall not be necessary that -::he same officer s iqn the Certificate of AuthencicaUon
on all of the bonds issued hereunder. Before authenticating or delivering any bonds I
the Trustee shall detach and cancel all matured coupons I if any i apperte intno thereto,
and such cancelled coupons shall be cremated by the Trustee.
Section 205. The bonds issued under this Indenture and the coupons
attached thereto shall be substantially in the form hereinabove set forth ';dith such
appropriate variations I omi s sions and insertions a s are permitted or required by
this Indenture.
Section 206. Upon the execution and delivery of thi s Indenture, the City
shall execute and deliver to the Trustee and the Trustee shall authenticate the bonds
and deliver them to the purohe s er upon payment of the purcha se price plus accrued
interest from the date of the bonds to the date of delivery I and the Trustee shall
be entitled to rely upon any certificate 1 ordinance or resolution as to the purcha se
price and the purchasers.
Section 207. This Indenture is gi ven in order to secure funds to pay
for new construction and by reason thereof , it is intended that this Indenture
shall be superior to any laborers',mechanics' or materialmen's liens whrch may
be placed upon the Proj ect.
Section 208. In case any bond issued hereunder shall become mutilated
or be destroyed or Io st , the City shall I if not then prohibited by law, cause to
be executed and the Trustee may authenticate and deliver a new bond of like date I
number I maturity and tenor in excharrj e and substitution for and upon cancellation
of such mutilated bond and its interest coupons 1 or in lieu of and in substitution
for such bond and its coupons destroyed or lost, upon the holder's or own er+s
paying the reasonable expenses and charges of the City and the Trustee in connection
therewith I e nd , iIJ ca se of a bond destroyed or lo st , his filing with The Trustee
evidence satisfactory to it that such bond and coupons were destroyed or lost, and
of his ownership thereof f and furnishing the City and Trustee with indemnity se ti s-
factory to them. The Trustee is hereby authorized to authenticate any such new
bond. In the event any such bonds or coupons shall have matured, instead of
issuing a n ew bond or coupon; the City may pay the same VvLrtDt1t the surrender
thereof .
Section 2090 Title to any bond; unless such bond is registered in the
manner herein provided I and to any interest coupon shall pa-ss by deli very in the
same manner a s a negotiable instrument payable to bearer. The City shall cause
books for the registr'atLn and for the transfer of the bonds a s provided in this
Indenture to be kept by the Trustee a s bond registrar, At the option of the bearer I
any bond may be registered as to principal alone on such books; upon presentation
-,
thereof to the bond registrar; which shall make notation of such registration thereon.
Any bond registered as to principal may thereafter be transferred only upon an
assignment duly executed by the registered owner or his attorney or legal representative
in such form as shall be satisfactory to the bond registrar, such transfer to be made
on such books and endorsed on the coupon bond by the bond registrar. Such
transfer may be to bearer and thereafter transferability by delivery shall be restored I
subject, howev er , to succe s sive registrations and transfers a s before. The
principal of any bond registered a s to principal alone f unless registered to bearer I
shall be payable only to or upon the order of the registered owner or his legal
representative, but the coupons appertaining to any bond registered as to principal
shall remain payable to bearer notwithstanding such registration, provided I that if
upon registration of any such bond, or at any time thereafter while registered in the
name of the owner I the unmatured coupons attached e-lidencing interest to be
thereafter paid thereon shall be surrendered to said bond registrar a statement to
the effect wi ll be endorsed thereon and thereafter interest evidenced by such

surrendered coupons will be paid by check or draft by said bond registrar at the
times prov.ided therein to the registered owner by mail to the address shown on the
registration books. Each of the bonds when converted a s aforesaid into a bond
registered as to both principal and interest may be reoonverted into a coupon bond
at the written request of the registered owner and upon presentation at the office
of said bond registrar. Upon such reconversion the coupons representing the
interest to become due thereafter to the date of maturity will be attached to the bond
and a statement will be endorsed thereon by said bond registrar in the registration
blank on the back of the bond whether it is then registered as to principal or payable
to bearer. No charge shall be made to any bondholder for the privilege of registration
and transfer hereinabove granted, but any bondholder requesting any such registration
or transfer shall pay any tax or other governmental charge required to be paid with
respect thereto. As to any bond registered as to principal, the person in whose
name the same shall be registered shall be deemed and regarded a s the absolute
owner thereof for all pur poses and payment of or on account of the principal of any
such bond shall be made only to or upon the order of the rsql stered owner thereof,
or his legal representative, and neither the City, the Trustee, nor the bond registrar
shall be affected by any notice to the contrary I but such registration may be changed
a s herein provided. All such payments shall be valid and effectual to satisfy
and di scharqe the liability upon such coupon bond to the extent of the sum or sums
so paid. The City r the Trustee, the bond registrar and the Paying A.gent may deem
and treat the bearer of any bond which shall not at the ttrne be registered a s to
principal, and the bearer of any coupon appertaining to any bond, whether such
bond be registered as to principal or not, a s the absolute owner of such bond or
coupon, as the ca se may be, whether such bond or coupon shall be overdue or not,
for the purpose of receiving payment thereof and for all other purposes whatsoever I
and neither the City, the Trustee, the bond registrar nor the Paying Agent shall be
affected by any notice to the contrary;

P,RTICLEIII
REDEMPTION OF BONDS BEFOREMATURITY
Section 30 I. The bonds shall be callable for redemption prior to
maturity in accordance with the provisions pertaining th ereto appearing in the
form of bond heretofore set forth in this Indenture.
Section 302. The bonds of any serie s issued under the provisions of
Section 202 B may be made subject to redemption I in whole or in part I in such
manner I at such times and at such prices as may be provided in the ordinance
authorizing their issuance.
Section 303. Notice of the call for redemption shaLl be published one
time in a newspaper publ.i sh ed in the City of Little Rock I Arkansa s I and having a
general circulation throughout the State of Arkan sa s I which publication shall be
not less than thirty (30) days before the date of redemption. In addition, notice
of redemption shall be mailed by registered or certified mail to the owner of any
bond registered as to principal addressed to such owner at his reg].stered address
and placed in the mails not less than thirty (30) days prior to the date fixed for
redernptton , In the event that all of the bonds are registered as to principal,
notice in writing by registered or certified mail to the owner or owners ther-eof
not less than thirty (30) days prior to the date fixed for redemption shall be
sufficient, and published not.ic.e of the call for redemption need not be given. Each
notice shall specify the numbers and maturities of the bonds being called and the
date on which they shall be presented for payment. After the date specified in
said call, the bond or bonds so called will cease to bear interest provided funds
for their payment have been deposited with the Trustee, and, except for the purpose
of payment I shall no longer be protected by the Indenture and shall not be deemed
to be outstanding under the provisions of the Indenture.

Section 304. All bonds which have been redeemed shall be cancelled by
the Trustee together with the unmatured coupons appertaining thereto and s ha ll be
cremated by the Trustee.
Seotion 305. All unpaid ooupons which appertain to bonds so called for
redemption and whrch shall have become payable on or prior to the date of
redemption shall oontinue to be payable to the bearers severally and respectively

. -
upon the presentation and surrender of such coupons.

t.RTI C LE IV
GENER,Z\L COVENANTS
Section 401. The City covenants that it will promptly pay the principal
of,redemption premiums, if any, and interest on every bond issued under this
Indenture at the place, on the dates and in the manner provided herein and in
said bonds f and in the coupons appertaining thereto according to the true intent
and meaning thereof. The principal, redemption premiums and i ntere st (except
interest I if any, paid from accrued interest) are payable solely from revenue s
derived from the Proj ect r which revenue s are hereby specifically pledged to the
payment thereof in the manner and to the extent herein specified, and nothing
in the bonds or coupons or in this Indenture should be considered a s pledging
any other funds or assets of the City (except the securing of the indebtedness
evidenced by the bonds and coupons by a lien on and security interest in the
mortgaged property and any lien on I security interest in, and pledge of land,
bui ldrno s , improvements and revenue s derived therefrom I subsequently created and
perfected in accordance with the provisions of this Indenture) 0 Anything in this
Indenture to the contrary notwithstanding, it is understood that whenever the City
makes any covenants involving financial commitments, including, without limitation I
tho se in the various sections of this Article IV, it pledges no funds or revenues other
than those provided for in the Lea se Agreement and the revenues derived from the
avails of the mortgaged property, but nothing herein shall be construed as pro-
hibiting the City from using any other funds and revenues.
Section 402. The City covenants that it will faithfully perform at all
times any and all covenants, undertakings, stipulations and provisions con-
tained in this Indenture I in. any and every bond executed I a uthenticated and
deli vered hereunder and in all ordinances pertaining thereto. The City
covenants that it is duly authorized under the Constitution and laws of the
State of Arkansas, including particularly and without limitation Act No.9,
to issue bonds authorized hereby and to execute this Indenture and to make
e pledge Clnd cove nt s in the manner and to the: ezJ It herein set forth;
that all action on its part for the issuance of the bonds and the execution
and delivery of this Indenture has been duly and effectively taken; and that
the bonds in the bands of the holders and owners thereof are and will be
valid and enforceable obligations of the City according to the Import thereof.
Section 403. The City covenants that it lawfully own s and is Iawfu l ly
possessed of the rnortgaged property and that it has good and merchantable title
and estate th er ein , subject to the exceptions set forth in tbe granting cl au se s
hereof f permitted encumbrances and th e rights of Travenol as Lesseeundet the
Lea se Agreement 1 which exceptions wi ll not substa ntially interfere with the
utilization of the trust estate for the purposes intended f and tha t it warrants
and will defend said title to the Trustee, its successors and assigns, for the
benefit of the holders and owners of the bonds against the cl.s trns and demands
of all persons whomsoever. The City covenants that it will do f execute, e cknow-
ledge and deliver or cause to be done, executed f ack nowl edqed and delivered!
such Indenture or Inderrture s supplemental .iereto and such further acts r instruments,
and transfers as the Trustee may reasonably require for the better assuring, trans-
ferring I mortgaging r pledging! a ssigniJ).g and confirming unto the Trustee the trust
estate.
Section 404. The City covenants that it will promptly cause to be
paid all lawful taxes, charges, assessments, imposts and governmental
charges at any time levied or assessed upon or against the trust estate! or
any part thereof, which might impair or prejudice the lien and priority of this
Indenture; provided I however, that nothing contained in this Section shall
require the City to cause to be paid any such taxes, assessments, imposts
or charges so long as the validity thereof is being contested in good faith
and by appropriate legal proceeding s.
Section 405. The City covenants that it will at all times cause the
mortgaged property to be maintained, preserved and kept in good condition,
repair and working order I and that it will from time to time cause to be made
all needed repairs so that the operation and business pertaining to the
mortgaged property shall at all times be conducted properly and so that the
mortgaged property shall be fully maintained. It is understood that the City

·1-0'7; s io ns in th~.....-J
e Tease ;\qreement lor such maintenance; pursuant
has rnade P v .L ~ .i,~, ..•• *
to tn
L
e te rrn s of wh i ch the Lessee
1'-" \.:....._
. .oJ-
is obligated to maintain the mortgaged !,operty
set forth in the Lease Agreement, and so long as the Lease Agreement is in
as
force a erreetr-
Lh e C'~ sha l lJ>e
lLY::o" ~ d e ev med to be in compliance with its
gaticns under this Section 405.
Section 406, The City and the Trustee covenant that each of them will
cause this Indenture, the Lease Agreement and the New Project I Guaranty
Aareement,
zr
and all instruments supplemental to any of them I to be kept
recorded and filed in such manner and in such places (if any) as may be re-
auired bv l aw in order fully to pre serve and protect

:.l. ...J:
the security of the bond-
holders and the rights of the Trustee hereunder,
Section :j 07. The; City covenants that so Jong e s (lny bonds issued
hereunder and secured by this Indenture s hal l be ou ts ta nd mq e nd unpaid, the
City will keep or co us o to be kept, proper books of record und o ccount . in
wh ic h full, _true (-ind.corrcct Gntl~jes w il l be rna do of all dei.115n9s or tro ns e ot ions
of and in relation to the mortgaged property and the revenues derived from the
mortgaged property, requested by the Trustee, the City agrees to have the said
books of record and account audited, not more than annually, by an independent
Certified Public Accountant. The audit report shall contain at least the follovving
information:
(a) All revenues derived from the mortgaged property and all
expenses incurred by the City in connection therewith;
(b) 'All payments, deposits and credits to any payments,

transfers and w ithdre wo l s from the funds cre<3L€d 'under
the provisions of this Indenture;
(c) The details perte in ino to bonds issued, paid, and

redeemed; and
Cd) The amounts on hand in each fund s how ino the res pective
amounts to the credit of each fund and any security held
therefor and showing the details of any investments thereof.
The City further covenants that all books (inc] documents r ,I;;ling
to the mortgaged property and the revenues derived from the mortgaged property shall.
at all times be open to the inspection of such accountants or other agencies as the
Trustee may from time to time designate. In this rec ard , so long as the Lease
!i,greement isin force and effect, records furnished by the Lessor and Lessee to r
or kept by, the Trustee in connection wi th its duties a s such shall be deemed
to be in compliance with the City's obligations under this Section 407.
Section 408, To the extent that such .inform at ion shall be made
-
known to the City under the terms of th is Scction, it w il I keep on file at the
office of the Trustee a list of names and e ddrc s s os of the lust known holders of
all bonds payable to bearer and believed to be held by e2ch of such lust
known holders. Any bondholder may request that his name and address be
pl oc cd on said list by filing' a wr itt e n request w it]. the C it)' or with the Trustee I
which request s hal l include a statement of the pr inc ipa l amount of bonds held
by such holder and the numbers of such bonds, Neither the City nor the 1'1'\.\s-
t8e s hal l be under a ny res pons to u ity -with regard to the acourecy of said list.
At re as oriabl e tirrie s and under re a s onab le rco ul e t ioris e s t abl is hc d by the
'I'rus te e , said list may be inspected e nd c op ie d by holders und/or ow-ners (or
a designated repr~sent2Uve thereof) of te n per cent (10%) or more i~ pr inc lpa l
amount of bonds out s tand ino hereunder,

-'
such owners hio and the authority
j, --- -
of an.' -'
such dos io nated representative to be evidenced to the satisfaction of the Trus tc e .
Notice or report required herein to be given to the bondholders on such list shall
also be given to the registered owners of all bonds registered as to principal or
as to principal and interest reflected on the book maintained by the bond registrar.
Section 409. A. It is understood and agreed that the New Proj ect I land I
improvements thereon and the machinery and equipment I acquired out of the
proceeds of the bonds I have been lea sed to Travenol under the Lea se Agreement.
The Lease Agreement is recorded in the office of the Circuit Clerk and Ex-Officio
Recorder of Baxter County r Arkansas, and an executed copy is on file in the
office of the Clerk of the City and in the office of the Trustee. Reference is
hereby made to the Lease Agreement for a detailed statement of the terms and
conditions thereof and for a statement of the rights and obligations of the parties
thereunder. The Hen of this Indenture is subject and subordinate to the Lease
]\greement. The City agrees: upon the request of the Trustee I to enforce all
covenants and obligations of the Lessee under the Lea s e J!,greement and agrees that
the Trustee, in its own name or in the name of the City / may and is hereby granted
the right to enforce all rights of the Lessor and all obligations of the Le s see
under and pursuant to the Lease Agreement/ whe ther or not the Lessor is in
default in its covenant to enforce such rights and obligations.
B. In an instrument designated New Project I Guaranty Agreement, Baxter
has unconditionally guaranteed the prompt performance of the rental and all other
obligations of the Lessee under the Lease Agreement and the New Project I
Guaranty Agreement is pledged and assigned to the Trustee as security for the
payment of the principal of and interest on the bonds. All references herein to
pledging the revenue s derived from the Proj ect or the revenue s derived from the
mortgaged property shall include all payments under the New Project I Guaranty
Agreement. Furthermore/ the City agrees/ upon the request of the Trustee; to
enforce all covenants and obligations of the Guarantor under the New Project I
Guaranty Agreement and agrees that the Trustee/ in its own name or in the name
of the City, may and is hereby granted the right to enforce all obligations of the
Guarantor under the New Proj ect I Guaranty Agreement, whether or not the City
is in default in its covenants to enforce said obligations. Reference is hereby
made to the provisions of the New Project I Guaranty Agreement for a detailed
statement of the terms thereof, including beneffcfari e s thereunder.
Section 410. The City covenants that so long a s any bonds
a uthorized by and is sued under this Indenture are outstanding; it will not sell
or ofh erw i se dispose of its interest in the mortgaged property, except in
accordance with the provisions of the Lease Agreement, and that it will not
encumber the same I or any part thereof I or its interest therein / or create or
permit to be created any charge or lien on the revenues derived therefrom/
except a s provided in this Indenture.

Section 411. The City covenants that at all times w hi l e any bonds
are out s te nd inq , it will keep or cause to be kept the mortgaged property insured
against the perils and to the extent set forth in the Lease Agreement and that
the Trustee shall be named as a party i ns ure d pursuant to a standard mortgagee
clause as its inte re s t may appear. It is understood that the City has made
provisions in the Lea S8 Agreement for such insurance, pursuant to the terms
of which the Lessee is obligated to keep the property insured as set forth in the
Lease Agreement, and so long as the Lease Agreement is in force and effe ct ,
the City shall be deemed to be in compliance with its obligations under this
Section 411.
Section 412. The City covenants that it has made all necessary
filings to effect an election with re spect to the bonds under Section 103 (c) (6)
(D) of the Internal Revenue Code of 1954, as amended.
Section 413. The City and the Trustee covenant that neither of
them shall 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 I the
City and the Trustee covenant that the proceeds of sale of the bonds wi ll not be
used directly or indirectly in such manner a s to cause the bonds to be treated as
"arbitrage bonds" within the meaning of Section 103 (d) of the Internal Revenue
Code.
l\wnCJ.L v
Section 501 c There is h erob y created and ordered to be established
with the Trustee a trust fund of "ncl in the name the City to be dc s io noted
"Ivlountain Ho me r Ark e ns e s 1972 Indus trial Devebpment Revenue Bond fund --
Travenol Laboratories - New Project I (herein sometimes referred to as the "Bond
Fund ") .
There shall be deposHed into the Bond Fund as-and when
received:
(a) The amount remeirrino in the Construction Fund (hereafter

created) after all costs and ex pe ns e s of and in connection
with the Proj eot have been paid;
(b) All basic rent payments specified in Section 203 (a) of the
Lea s e Agreernent;
(c) JUJ other moneys received by the Trustee under and pursuant
to any of the provisions of the Lease j\greenwnt directing
such moneys to be paid into the Bond Fund; and
(d) Any income realized from investments of morieys held in

the Construction Fund or any other account created by the
Trustee under the Indenture.
Furthennore, the City covenants and agrees that so long as any of the bonds
secured by this Indenture are outstanding, it will at all times deposit, or
cause to be deposited, In the Bond Fund sufficient moneys from revenues and
income derived from the Project (whether or not under and pursuant to the Lease
- -
Agreement) to promptly meet and pay the principal of and interest on the bonds as
the same become due and payable, and to this end the City covenants and agrees
tha t , so Io nq as any bonds secured by this indenture are outstanding ( it will
cause the Proj ect to be continuously and efficiently operated a s a revenue and
income producting undertaking ,- and that should th ere be 2 default under the Lce s e
Agreement with the result that tho right of possession of the Jcas cd premises is
returned to the City, the City w ill fully cooperate with the Trustee and w ith the
holders and registered owner s of the bonds, to the end of fully protecting the
rights and security of the holders and regi stered owners of the bonds f and!
if and when requested by the Trustee I the City shall diligently proceed in
good faith and use its best efforts to secure another tenant for the lea sed
premises to the end of at all times deriving suffi.cient revenues and income
from the Project to promptly meet and pay the principal of and interest on the
bonds a s the same become due and payable. Nothing herein shall be construed
a s requiring the City to use any funds or revenues from any source other than
funds and revenues derived from the Project for the payment of the principal
of and interest on the bonds and d:i.scharging other obligations of the City under
this Trust Indenture, but nothing herein shall be construed as prohibiting the
City from doing so.
Section 503. Moneys in the Bond Fund shall be used solely for
the payment of the principal of (including applicable redemption premium r if any)
and interest on the bonds either at maturity or at redemption prior to maturity;
provided, however, that such provi sion shall not be con strued a s prohibiting a
refund to the Lessee under the Lease Agreement of excess basic rents f if any,
in accordance with the provisions of Section 303 of the Lea se Agreement.
Section 504. The Bond Fund. shall be in the name of the City,
designated as set forth in Section 501, and the City hereby irrevocably authorizes
and directs the Trustee to withdraw from the Bond Fund sufficient funds to pay
the principal of and interest on the bonds at maturity and redemption or prepay-
ment prior to maturity and to use said funds for the purpose of paying said principal
and interest in accordance with the provisions hereof pertaining to payment, whtch
authorization and direction the Trustee hereby accepts.

Section .50.5. In the event any bonds shall not be pre sented for payment
when the principal th ereof becomes due f either at maturity or otherwi se, or at
the date fixed for redemption thereof, or in the event any coupon shall not be
presented for payment at the due date thereof I if there shall have been deposited
with the Paying Agent for that purpose, or left in trust if previously so deposited,
funds sufficient to pay the pri nc ipa l thereof I together with all interest unpaid and
due thereon I to HIS date of maturity th ereof , or to pay such coupon I as the ca se
may be for the benefit of the holder thereof or the holder of such coupon, all
liability of the City to the holder thereof for the payment of the principal thereof
and intere st thereon I or the holder of said overdue coupon for the payment thereof I
as the ca se may be I shall forthwith cea se I determine and be completely discharged I
and thereupon it shall be the duty of the Paying Agent to ho l d such fund or funds,
without liability for intere st thereon, for the benefit of the holder of such bond, or
the holder of such coupon, as the case may be, who shall thereafter be restricted
exclusively to such fund or funds, for any claim of whatever nature on his part
under this Indenture or on, or with respect to, said bond or coupon.
Section .506. It is understood and agreed that pursuant to the provisions
of Section 303 (b) of the Lease Agreement, the Lessee agrees to pay as additional
rent the fees, expenses and charges of the Trustee and Paying Agent as authorized
and provided by this Indenture. The Lessee is to make payments on statements
rendered by the Trustee. All such additional rent payments under the Lease Agreement
which are received by the Trustee shall not be paid into the Bond Fund, but shall
be set up in separate accounts appropriately designated to identify the particular
account and shall be expended solely for the purpose for which such payments are
recei ved , and the Trustee hereby agree s to so establish said accounts an:3.:to make
payment therefrom for said purposes.
Section 507. All moneys required to be deposited with or paid to the
Trustee under any provision of this Indenture shall be held by the Trustee in trust,
and except for moneys deposited with or paid to the Trustee for the redemption
of bonds, notice of whi ch redemption has been duly given, shall, while he ld
the Trust e e , constitute part of the trust estate and be subject to the lien hereof.
Any moneys received by or paid to the Trustee pursuant to any provisions of the
Lease ,Agreement calling for the Trustee to hold, administer and disburse the same
in accordance with the specific provisions of the Lea se l\greement shall be held I
administered and disbursed pursuant to said provisions, and where required by the
provisions of the Lease Agreement the Trustee shall set the same aside in a separate
account. The City agrees that if it shall receive any moneys pursuant to applicable
provisions of the Lease Agreement, it will forthwith upon receipt thereof pay the
same over to the Trustee to be held I administered and di sbursed by the Trustee in
accordance with the provisions of the Lease Agreement pursuant to which the City
may have received the same. Furthermore, if for any reason the Lease Agreement
ceases to be in force and effect while any bonds are outstanding, the City agrees
that if it shall receive any moneys derived from the mortgaged property, it will
forthwith upon receipt thereof pay the same over to the Trustee to be held r admini stered
and disbursed by the Trustee in accordance with provisions of the Lease Agreement
that would be applicable if the Lease Agreement were then in force and effect I and
if there be no such provisions which would be so applicable I then th e Trustee shall
hold, administer and disburse such moneys solely for the discharge of the City's
obligations under thi s Indenture.
Section 508. Anything herein to the contrary notwithstanding I the
Trustee is authorized and directed to refund to the Lessee under the Lease Agreement
all excess amounts a s specified in the Lease Agreement, whether such excess
amounts be in the Bond Fund or in special accounts.

ARTICU: VI
CUSTODY Ai'ID APPtICATION OF PROCEEDSOF BONDS
Section 601. The proceeds of the sale of each series of the bonds shall
be deposited in a special account of the City in the Trustee f wh ioh account shall
be designated "Industrial Development Revenue Bond Construction Fund - Trave nol
Laboratories - New Project I" (the "Construction Fund").
Section 602. Moneys in the Construction Fund sha ll be expended for
Project costs as set forth in Section 203 of the Lease Agreement. Such expenditures
shall be in accordance with and pursuant to requisitions which shall be signed by
one or more duly designated representatives of Travenol (which designation shall
be in writing and filed with the Trustee) and one or more duly designated represen-
tatives of the City (which designation shall be In writing and filed with the Trustee).
Each requisition shall specify:
(1) The name of the person f firm or corporation to whom payment

is to be made;
(2) The amount of the payment;
(3) That the disbursement is for a proper expense of or pertaining

to the Project; and
(4) The general classification of the expenditure.
The Trustee shall keep records concerning and reflecting all disbursements from
the Construction Fund and shall file an accounting of disbursements if and when
requested by the City or by Travenol. The Trustee shall make payment from the
Construction Fund pursuant to and in accordance with said requisitions.
Section 603. Whenever the City and Travenol jointly notify the Trustee
in wr itiriq (which may be by the same writing or in different writings) that any
balance remaining in the Construction Fund will not be needed for completion of
the Project f the remaining balance shall f at the direction of Travenol:
(i) be used by the Trustee for the purchase of bonds on the

open market at prices not to exceed par (except with the
prior written consent of Travenol) for cancellation; or
(Ii) be deposited in the Bond Fund.

ARTICLE, VII
TNVESTMENTS
Section 701. (a) Moneys held for the credit of the Construction Fund
shall r upon direction by the duly designated representative of Travenol be
invested and reinvested by the Trustee in (i) direct obligations of I or obli-
gations the princtpal of and interest on which are guaranteed by F the United
States I and (H) certificates of deposit of banks or trust companies, including
the Trustee I organized under the laws of the United States or any State thereof I
having maturity dates I or subject to redemption by the holder at the option of
the holder f on or prior to the dates the funds will be needed as reflected by a
statement of the duly authorized representative of Travenol, which statement
must be on file with the Trustee prior to any investment.
(b) Moneys held for the credit of the Bond Fund or any other fund or
account shall to the extent practicable be invested and reinvested in (i) direct
obligations of I or obligations I the principal of and intere st on which are
guaranteed by I the United States, and (Li) certificates of deposit of banks or
trust companies I including the Trustee I organized under the laws of the United
State s or any State thereof f which will mature I or which will be sub] ect to
redemption by the holder thereof at the option of the holder I not later than
the date or dates on which the money held for credit of the particular fund shall
be required for the purposes intended. The Trustee shall so invest and reinvest
pursuant to instructions from a duly deSignated representative of
Travenol.
(c) Obligations so purchased as an investment of moneys in any such
fund or account shall be deemed at all times a part of such fund. Any profit
or income realized from such inve stments shall be transferred to the Bond Fund.
l'I1G'lCU; vin
POSSl~S~;lON 1..1S]:hNJ) Pl~LJ~.1ISEOF
I
M Ol\TCiiC;]~]) P;\OF1TTY
--- ._--
Section COl < So long as not otherwise provided in this Trust
Indenture I the City and any Lessee of the City shun be suffered a nd permitted
to possess/ use and enjoy the mortgc1gecl property and e ppurt e na nce s G
Section 802. The Trustee s ha ll be authorized I whe n requested by
the City { to join with the City in taking the necessary steps r or I if req uircd.
to execute an appropriate release of the lien of this Indenture, (u) to grant
scwer , utility r road and street ea seme nts over I along r across and under the
ulOrtgaged property I provided that the location of any such casements and the
nature thereof shall not i nterfere with the present or logical future use of the
.mortgaged property by any Lessee of the City I or (b) on a partial condemnation
(or threat of condemnation) of the Project covered by Section lSOlB of "LI1C Lease
Agreement I and in the case of either (a) or (b) above I the Trustee shall be
entitled to rely upon and act in accordance with a certificate of a duly qUulified
engineer t who may be an engineer employed by "the Lessee of the Lee s e lIgree-
me nt , and the prior written approval of the Lessee; of the Lease j\,gweme;nt s ha ll
-"
b~~obtained ·in each instance ...
t
. Sect) on 803. It is hereby recognized by the City a nd the Trustee-
/'
that the Lessee under the Lease Agreement I to the extent provided in Article
XXIV has reserved

E the right therein to obtain the release from the lien of
" .
thi s Indenturo of certain of the mortgaged lands for usc in a ny cxpa ns ion proore m
-,
of the said Lessee. Upon a sufficleut_.!?howing to the Trustee t het the term s,
provisions C3 nd conditions of the Lea se l\gwem ont pertaining to such re lce so
have been met a nd satisfied t the Trustee s ha ll lund is hereby a ut hor izcd (Hid
a ny such cxpul1sion proorrim from the lien of this Inucnturc. Furthcr.uorc s it
5,s J:ccogni:::.ed t hat the City may issue bonds (in addition to the bonds s cc urcd
by this Indenture) to fi na nce the cost of any such expans io» progr,ml I and
nothing in this Inde nturc shall be construed a s prohibiting the City from
- issuing bonds for such purpose, from entering into a separate lease agTeernent
\'vit.h the Lessee under the Lease Agreement! or entering into i3 s uppl crne nte l
lease agreement with the Le s see under the Lea so l\greernent r or the Le s s ec ' s
authorized successors and assigns 1 from pledging the rentals derived from
any such separate lease agreement or any such supplemental1ease solely to
the payment of the bonds then be ino i s s ued , from placing a first lien by
mortgage on and pledg5.ng e Ilrevenue s derived from any lands and improverne nt s
covered by said separate lease agreement or said supplernerrtal. Ica se agrcementr
and on any facilities I equipment and other properties pUXCh2sed I constructed I
or ot herwi.se acquired out of the proceeds of the bonds then being issued; even
though some of said property may be located on lands and improvements corist itu-
ting pal. ( of the. mOl-tgaged property under this Trust Indenture and even though
some of said property may have been released from the lien of this Trust Indenture
pursuant to the provisions of this Article. Also r without r e Iea sing the Hen of
this Indc nture , the City may place a lien upon any portion of the mortgaged
propertyunder this Trust Indenture as security for the bonds then being i s sucd ,
or make a. pledge of any of the revenues pledged under this Trust Indenture in
favor of the bonds then being i s s ue d , -so long as any such lien on t hc mortgaged
----roo
property covered by this Trust Indenture and any such pledge is s ubordi nat.c to
the-lien and pledge of this Trust Indenture; to and in favor of the bonds secured
hereby.
Section 804. Provided no eve nt of deL:)ult and no e vc nt which w ith
the g of notice or pas sage of t i me r or both t woul d constitute an event
of de Ia exists, any "building service equipment" and a ny of "Lessor's
machinery and e q uiprne nt" r a s those terms are defined in the Lea se Agree-
., ,
me nt , may be removed, sold; replaced or ot herw is c d i spo sec.: as p:-O\}lOCQ
in the Lea se Agreement and I w rthout Itmitetron , particularly in Article XXV
thereof, and the Trustee shall { and is hereby a uthorrz ed to I upon a showing
to the Trustee of compliance with the said applicable provisions of the Lea se
Agreement pertaining to such re mova L, sale, replacement or disposition, take
the necessary steps to release the said properties horn the Hen of this
Indenture. The proceeds of any such rernove l , sale or other disposition shall
be handled by the Trustee in accordance with the provisions of the Lease
Agreemen-t, including [ without limitation, the provisions of Article x:xv

there of , ;f',.nyequipment I machinery I fixtures and personal property obtained
in exchange or in lieu of any property s ol d , removed or disposed of under
this Section 804 shall automatically become and be subject to the lien of
this Indenture asH specifically mortgaged hereby. The City will, hcwe ver ,
upon written request by the Trustee t convey the same to the Trustee by an
Inde nture supple mental hereto in form and substance satisfactory to the Trustee
r
or other appropriate ihstrument a s requested by the Trustee I and ca u S8 the sa me
to be recorded and filed in such manner as the Trustee requests, to secure
and continue the lien 'of thf s Indenture thereon.
---,.-.
!\wnCLE
DISC Hj\J~C E OF L1EN
Section SOl. If the City she l l pay o r cause to be paid. to the holders
and owners of the bonds and coupons the principal and interest to become clue
thereon at the times and in the ITJdnner st ipula ted therein, and if the City shall
keep! perform and observe 2.11 and singular the covcrie nt s and promises mtho
bonds and in this Indenture expressed as to be kept: perform ed and observed
by it on its part / then these presents and the estate a nd rig hts hereby granted
shall cea s e , detennine and be vo id , and thereupon the Trustee s he ll cancel
and discharge the lien of this Inde nture , and execute and de hvcr to the City
such instruments In wri ti nq as s he ll be requisite to satisfy the lien hereof, and
reconvey to the City tbe estate hereby conveyed, and assign and deliver to the
City any property at the time sub] ect to the lien of this Indenture wh ic h may then
be in its po s s e s s io n , except cas h held by it for the payment of the principal of
and interest cn the bonds.
Bonds and coupons for the payment or redemption of which moneys
shall have been deposited with the Trustee (whether upon or prior to the
maturity or the redernption date of such bonds) shall be deemed to be paid
within the mean.ing of this Section; provided, however t that if such bonds
are to be redeemed prior to the maturity thereof [ notice of such redemption
shall have been duly given.
The City may- at any t.irne surrender to the Trustee for ca rice l latio n
by it any bonds previously authenticated and delivered hereunder, together
with any unpaid coupons thereto belonging, wh ich the City rnay have acquired
in any mariner whatsoever! a nd such bonds and coupons, upon such surrender
and cancellation, shall be d ccm ed to be pa id and retired.

ncr C~ \-';-:;}1 Ls CICC1!f I S 1.11.) j e ct to
bond hereby secured and outstanding;
(b) Default in the due and punctual payment of any moneys required
to be paid to the Trustee under the provisions of Article V hereof ~
(c) Default in the due and punctual payment of the principal of f
premium, if any f any bond hereby secured and outstanding f whether at the
stated maturity thereof f or upon proceedings for redemption thereof 1 or upon
the maturity- thereof by declaration;
cove ne nt s f -:.: ]E;2:;·.snts or conditions on its part in this Indenture 1 or in the
bonds C();.~':::':;,2G f a nd the continuance thereof for a period of s ix ty (60) days
r< • t
'
e frtcr . . ..
nonce
.>;:,'IT~,:~.;r; .
':0 .,
"LDevI y 'oy +'h
tnc ''-'
J.fUS t·ee or J']
)y t 1e '1.'.010e[3
" or r-
not J-] .e ss
cent (l OS·~)in aggregate principal amount of bonds out s tand iT!']
Tr;c; t er m "~ef(3dt" shall mean default by the City in the performance
covenants f agrer::;llwnts or conditions on it s p..rt
con teli r.
ill;' I
'~.' I
, : ~. I, r 1 1 '( J /.1' ' I' I~I 1 ,!" t.'
in
r> '.'
"-' I. -..J. ! 1 J :_-'
, , -,
LL~-,l-l 01.10 L'
.. ,-. -. -. ,-
~:..!..v
.~]
:.:.,- --
rents, rcvcnue s , i3Sl.~2S, earnings, ir.come , product s and profits therefrom a nd
out of the same 3~,::'any moneys received Irorn 2n1' :C8C8iv~,,:r of e ny pac~ thereof
" t
C(J!T1l)811S':5..-ClC)11 '0
"
·CC.2
r-r-,
llu8T08/
• 'I
res
J'
cgenc.s e no l'
CO·UT1SG ; aDO a ny )
C iafg8s
. 0::
r'-I
rne
Trustee here under e nd any t2xes r and assessments and other Chui:S8S prior to
• ) "L
Vlhile in possession of such property tJJC Trustee shall render annually
to the ho ldor s and registered owners of the bonds, at their addresses as set
forth in the Est required by Section 408 hereof and on the bond registration
book maintained by the Tru stee f a summarized statement of income and expend).-
tures in connection therewith 0
pri nc ip a l of 2.
nilj eel as prov id eo. in Section 11 0 1 hereof , the Trustee shall be obHgai:ecl to
Sect ion arid by SSC:tiOfl 1003 as the Tr ust ec , be ino ad\riscd })~r counsel, she l l
deem most expedient in the Jntcre s ts of the bondholders.
No r e rr.e dy by the terms of this Indenture conferred upon or reserved
to the Trustee (or to the bondholders) is intended to be exclusive of any ether
remedy s but each and every such remedy s112.11 be curnulat i ve and sha Il be m
addition to any other remedy given hereunder or nO'.'\7or hereafter existing at
1uVv or in equity or by statute.
1':0 delay or orni s s ion to ex crc i s c any right or pover accruing upon any
default or event of default shall Impair any such right or pCY:.'GL or shall be
SLJch pow er s as the court r;:~:i';::Lng
such e ppointment sh.s l l confer.
Section 1007. In ce se or an cve nt of default on its part, as e fore s s id ,
anyone claiming throuch it or under it S11311 or \vHl SGt up, c le im , or seck to
und or the la\'·.:s of t}~e Sta.te of .I~ •• rke ns a s ,

". l. 1. 'I' ~d .: ,_' J
,, ,
J ,i
-
'\ lc: ( 1 "
'.< .: l-' )
--, 1
J ; 1J ;'! () \ <>
n -- 1 1 )) e c-~;
J
" I .) ,1
'-
Firs t:
:--' in s t 1J m c n L .:.~ 0 f
< •• :
dl s cr irn ina ti on or :)ri\lilcg-e;
on such bonds fr orn the respective dates upon wh i ch they b:::;comedue, and, 5f
according to the ar.iount of principal due on such date I to tbe persons entitled
thereto 'without e ny discrimination or privilege; and
Third: To the pay ment of the Intero s t on and the principal of the bonds,
and to the rcdSf:;ption of bonds I all in e ccordancc w ith the provisions of !":,rU cle
V of this Inde nture .
(b) If th'3 priricrpal of all the bonds sb al.l have be corne due or shall
ojscrjlninaL)on or !~:ri\:j_Jcg8.
i ~ .. i.e.::.: ';J
(: r the
e Tn1,; i:cc purS1.E3 nt La the
t irnc s, (}11Cl Irorn ti~1e to t irne , as it s}~611 c3.eterl}lin.8, ha\'illg due reg-a.rd to
, ""
aCOJ o.one i1 1rJ0118:lS
,',DeC:OlTllX1g avau'1 a '3 for such opplication i.n the future.
\Vhenever the Trustee shall apply such funds I :Ltsha ll fix the date (which
in.i:crcst on the amounts of principal to be paid on such d,,}tes shall cea se
to accrue. TIle Trustee shall give su ch notice as it may deem appropriate
of t118 deposit w ith rt of any such moriey s and of the fixing of any such date
and shall not be re quir ed to make payment to the holder of any unpe id coupon
or any bond until such coupon or s uch bond and all unmatured coupons I if
any I apperte inino to such bond shall be pre scritcd to the Trustee for appropriate
c::ncJ.o[semeni.or for cClr',cellation if f'L'.lly pard ,
Sectign 1OO~. h.ll rights of action (including the right to fil e proof of
by the Trustee ',',rj tnout POSSC:::,S±C::-l of any of the bonds or coupons or the pro>
or proceeding In s t i tutr-d by the Tru st e e sha ll be brought .in its Denne (}s 'I'ru st ee ,
JI t~c fl~'r
};JJO.
-- .-.~- ---
---.-
l"~o
kr)
•. -' c-J-- C'J>
\...-...... ct. ]'0 '-,.•
-.. ,
or to in st lt utc
tbey ha,"T8 offered IO the Trustee .lndemni~y as provided in Se ct ion 1101 nor unle s s
the 'I'ru st ee sh.all tber2e.fter fail or refuse to excroi se tile pO\\78rS 1)\:?;re=~.rl0Gfor(::
qr arrte d , or to institute such act ion , suit or procc cd ino 111 its O~,-..7iJ name: BJ1d
such case at the option of the Tr:...st ee to be condrtrons precedent to t ho cxe cut ion
of the powers and trusts of this Indenture I and to any action or Ca1..]38of act ion
for the cnfor cerncnt of this Lnderitur e or for the appoi1:tment of a receiver or
th(~ir """:
.I. .:..:::
,'.-
•• ~
vided I and th at all proceeding s c:. J (l'N or in 8CFJil:y sh s ll be ins t itutr.d

0
: I herd
case th e City and. the Trustee shall be restored to their Ior rner po s it ion s and
b'::':211 taken.
Section lOL~. 'I'he 'I'rus te e may in 11:s djscr(:::tjon \'.'ai'le any event of cle-
fault hereunder and its consequences and rescind ally d cc Iarat ion of me tuzi ty of
])rinciDal and shall

_ _ do so uuon the wr i tt en reo ue s t of the holders
.l..L of fUt'J,r Del' cent .I..~
(-o "O()·
U 10 rn PrJ..nClpcL 1 amount t 0_f a_I1" Donas
1 OUtst , .,
.sr ancuno ncreunc , er I
. 1 d / 1ricwever
prOVIGC I
that there shall not be warvcd (a) any e\18::1tof default in the payment of the
princtpaI of any bonds issued hereunder and outstanding hereunder at the date
s:
OJ: me tur
ur ii ,ty SpeC.1Ile(~nereln
. 1 t' .c·
or t: )
\,.0 any Oel3.U
, - 1"
t In tlne pey.nont , 01c the J.nt8rest
unless pr ior to such wa iver or re s c i s s ion a l l arr ce rs of principal
shall h eve been paid or provided Ior , and in cost:; of any such wa i ver or rc sc is-:
po s il.ion s CincJ [igniS hereunder re s poc tiv e ly: but no such \'"aiVA[ or rescission
, ,
:!!~', ,i r:
c' \ .) I
r r-
\lO ,_ .S \u
ult to corrc I Ci
pr ov i dod I
ever I II sa. id (60)
cor.st.it ute act io» is
sa id
in Ia ct a nd 2gent veiih full authority to perform any covenant or obligation of
the City alleged in se id notice to constitute 2. def(H~lt in the 111211113 () nd stead of
selves wrth the terms and ptovis ioris of the Leese f',gTccment.
]\li.TICJX xr
Sec.::t.ior~J.l..QJ.... T11e Trustee

e hcr eby u ccepts the trusts imposed upon
it by this Indenture, and agrces to p crfor m selid trusts as em ordinarily prudent
trustee under Cl corporate mortgage! but orily upon and s ub ie ct to the fol low ino
expressed terms and cond itiorrs:

-
(a) The Trustee may execute any of: the trusts or power's her-eof and
, , t' . ~ ,....J- 1 1 ' ,

l?enorm ariy aU.10S r e qu ire o 01 11:0,/ or r nr ouq
J
n attorneys, agenrs I r cce.iver s or
employees I and shall be entitled to adv.ioe of counsel concerning all mutters
of trusts hereof and Us duties hereunder, and may in al1 cases pay reasonable
compensation to al l such e ttorney s , agents, receivers and employees as may
reasonably be employed in connection with the trusts hereof. The Trustee may
act upon the Op5T1J_On

or adv.ice of any attorney, surveyor, engineer or accountant
selected by it in the exercise of reasonabJe care t or, if selected or re ta iried by
the City prior to the occurrence of a default of wh i ch the Trustee has been
notified as provided in sub-section (g) of th i s Section 1101 { or of which by said
sub-section the Trustee is deem~g_ to have notice I approved by the Trustee in
the exercise of such care. The Trustee shall not be responsible for any loss
or damage ro s ult ino from an action or non-action in accordance with any such
opinion or advice.
(b) The Trustee shall not be responsible for any rcc ite l hcre in , or in
said bonds (except in re s pe ct to the certtf.icato of the Trustee endorsed on such
bonds) { or for the re cordfnu or re-recording J filing or re-filing of this Indenture I
or for insuring the property herein conveyed or collecting any Irisurancc moneys I
Or for the validity of the execution by the City of this Indcriturc or of any supp.lc>
mentul indentures or In strume nt of further as s urance I or for the suff irricncy of

for the; )X)]1C2s j;~sll(;cl hcrcuud cr or L)(cJldcd to be secured by! or
for the value or th c title of the prop orty herein conveyed or o th crw i s e DS to th
1J1cJ.inteJl(}JlCC
of the security hereof; ox co pt th ot jon o event the Trustee cnt cr:
into po s s e s s ion of u. part or all of th c property h cr o in conveyed pur s uant to any
prov.is.i.on of this Indenture. it shall use due dil5_gencc In prcscr v.ino such
.
pr operry: - sria J 1 not ; l')8 bOUl1aO
ana ,., TDe T<_l"U"';cec
( oJ "j
,J,
, t a soerrc m or rnq uir f' • • C a s to
' t'ne
performance or observance of any COVGn3nts! cond.it.ioris or agreements on the

- - ...- -
part of the City, except as hereinafter set forth; but th e Trustee may require of
the City full Inforrnat ion and advice c s to the performance of the covcnants , con-
ditions and agreements aforesaid as to the condition of the property herein
conveyed <
(c) The Trustee may become the owner of bonds and coupons s e cur ed
hereby w rth the same rights whi ch it would have if not Trustee.
(d) The Trustee shall be protected in acUng upon any notice I request I
consent f certificate; order I affidavit I letter I te1egr23.m! or other paper or
document believed by 11 to be genuine and correct and to have been signed or
sent by the proper person or persons. Any action taken by the Trustee pursuant
to this Indenture upon .the request or authcrrty or CO!1Sent of any per son who at
the time Of making such request or giving such authority or consent i.s the
owner of any bond secured hereby I shall be conclusive and binding upon all
future owners of the same bond and upon bond s Ls s ued in exchange therefor
or in place thereof.
(e) As to the' existence or norr-exrst encc of any fact or as to the
sufficiency or validHy of any In s tru merit , paper or proce cdinq I the Trustee
shall be entitled to rely upon a certificate of the City signed by its Mayor and
attested by the City Clerk as suffic: cnt evdencc of the fClctS therein conta: ned
and prior to the occurrence of a default of which it ha s been not if i cd as provided
in sub-section (g) of this SecU,on ] 1OJ I or of wh ioh by s a id sub+s cct ion it is

dc;cmcd to h~\\'(' notic o , and s ho Ll o ls o be at l ib ort y to '-lcecpi (l s im il ar cortiii-
or expedient, but ma y at its discretion at tho i oo s ona hlc ex pons o of the City I
. -
in ovory case s ccurc such further evidence as it rna y think necessary or
advisable but s he ll in no case be bound to secure the same, The Trustee may
accept a cerU£icate of the.-City Clerk. of the City under its seal to the effect
that a resolution:or ordinance 3n the form tlierc.in set f ort h bas b e er: adopted
by the City as conc lus ive evidence that such resolution or ord inarrce has b c en
duly adopted, and is in full force and cff cct .
(f) The p crm is s ive right of the Trustee to do things enumerated in
this Indenture shall not be construed as a duty of the Trustee, and the Trustee
shall be a ns werabl e only for its own negligence or willful default.
(g) The Trustee shall not be required to take notice or be deemed to
have notice of any default hereunder except a default under Section 1001 (a) or
(c) or failure by the City to make or cause to be made any of the payments to
the Trustee required to be made by Article V unless the Trustee shall be specifi-
caIly notified in writing of such default by the City or by the holders of at least
ten per cent (10%) in aggregate princi pe I amount of bonds outstanding hereunder
and all notices or other instruments required by this Indenture to be delivered to
the Trustee must, in order to be effective, be delivered to the office of the
Trustee, and in the absence of such notice so delivered f the Trustee may con-
elusively assume there is no default except as aforesaid.

- ..
(h) The Trustee shall be pcr s one l ly Hable for any debts contracted
or for dc3mages to persons or to pers onaI property injured or durnagcd f or for
saJurics or non-fulfillment of contracts during any pcr iod in \Vh5c11_. it ma y be

in the possession of or lilllllClginq the real and t:mgihJc pcr son.rl property dS
in this Indenture provided.
(if 1\t any and all reasonable times the Tru s t ce f and its duly aut i:.::cc!
agents f attorneys I experts r engineers f e ccounte nt s and ropr c s e nto t iv c s f s hul l
have th~ right fully to inspect any and all of the property herein conveyed J
including all books { papers and records of the City pertaining to the Project
-
and the bonds f and to take such memoranda from and in regard thereto as may be
desired.
(j) Th e Trustee shall not be required to give any bond or surety in
respect of the execution of the said trusts and powers or otherwise in res pect
of the premises.
(k) Notwithstanding anything elsewhere in this Indenture contained r
. the Trustee s he l l have the right { but s he ll not be required I to demand { in
respect of the auth entication of any bonds 1 the withdra-wal of any cash { the
release or any property, or any action what soever wrthtn the purv iow of this
Indenture ,any showinc s r certificate r opinions I appraisals I or other information,
or corporate action or evidence thereof I in addition to that by the terms hereof
required as a condition of s uch action by the Trustee d~eme? desirable for
the purposeof establishing the right of the City to the authentication

,
of any
.
bonds I the withdrawal of any cash, the relea s c of any property I or the taking
of any other action by the Trustee .
.(1) Before takillg such action hereunder 1 the Trustee may require that
it be furnished an indemnity bond satisfactory to it for the reimbursement to
it of all expenses to whi ch it may be put and to protect it ugainst all l ie bi J it y I
except Ii obi l ity which is adjud icut cd to have resulted from the neg1igcnce or
wil.lf ul default of the Trustee, by r ca son of any action so Luken by the 'Trustee.
'I'hc 'Trustee S]1i:JJJ be.; o ut.it l cd to p.i yme nt 2nd/of
rc Imbur s cmcnt for its rc as onablc lees for services rendered hereunder (!
all advarice s { c oun s e l fees and other expenses reo SOJ1C1bly

end nc cc s ccr tly
made or mourrcd by the Trustee in .and about the executional the trusts
created by this Indenture and -in and citout the exercise and performance bv
the Trustee of the power's and duties of the Trustee hereunder f and for a l l
r ea sonab.lc and-nece s s ary costs and expenses incurred in defending any
Hability in the premises of any character whatsoever (unless s uch Li ab i.li ty
is adjudicated to have resulted from th c negligence or wrl lf ul default of the
Trustee) c The City has made provrs ion in the Lease Agreement for the pay-
ment of said reasonable and necessary advances I fees I costs and expenses
and reference is hereby made to said Lease Agreement for the provisions so
made, In this regard t it is understood that the City pledges no funds OT
revenues other than those provided for in said Lease )\greernent and the
revenues derived from and the avails of the mortgaged property to the payment
of any obligation of the City set forth in this Indenture I including the ob1iga-
tions set forth in this Section 1102, but nothing herein shall be construed as
prohibiting
._- --
the City from using any other funds and revenues for the payment
of-any of its obligations under this Indenture. Upon def aul t by the City f but
only upon default, pursuant to the provisions of this Indenture pertaining to
default, the Trustee shall have a first lien wi th right of payment prior to pay-
ment on account of principal or interest of any bond issued hereunder upon the
mortgaged property for said reasonable and necessary advances I fees r costs
and expenses incurred by the Trus te e .
Section 1J 03. If a default occurs of which the Trustee is by ;;;ub-
section (g) of Se ct.ion 1101 hereof required to take notice or if notice of c1cf()uli
be given it (1$ in se id sub-section (g) provided, then the 'I'rus te e sh(111 ~;jve
in9 h crc nndcr SflOVn1 by th e Jist of DOlldhuJci.:::r:3roquircd by tho terms of Sc;c'L.1Uj)
108 hereof to be kept et the office of the Trustee.
SecUon 1J 04. In any j udi cia l proceeding to wh i ch the City Is 0.
--. - - - -
party and wh i ch in the opinion of the Trus tco and its coun scl ho s 0. s ubstant ie I
bearj)Jgon the interests of 0\\'110rS of bonds is sucd hcreund er . the T1'us1:80 may
intervene on behalf of bondholders and sha ll do so if requested in wr it i nq by
the owners of -at Jea st ten per cent (l 0%) of the aggregate pr inc ip al "u.mount of
bonds outstanding hereunder.' The r iqhts and obJigaiions of the TrustGc under
this SecU.on 1104 are subject LOthe approval of the court havinc jurisdiction
in the prernise s .
Section 1105. Any bank or trust company into which the Trustee
may be merged r or with 'which it may be con solidated r or to which it may sell
or transfer its trust business and assets as a whole or s ubs tant ia l ly as a
whole I or any ba nk or trust company re s u.lt irio from any such s218'[ merger;
consolidation or transfer to w hi ch it is a party, ipso facto, shall be and
become succes s or trustee hereunder and vested 'with all of the title to the
whole property or trust estate and all the trusts I powers I discretions I .
immunities, privileges r and all other matters as was its predeces s or I with-
out thp execution or filing of any instrument or any further act I deed or
conveyance on the part of any of the parties hereto I anything herein to the
contrary notwithstanding; provided I however I that such successor trustee sha 11
have capital and surplus of at least $
Section 1106. The Trustee and any succes sor trustee may at any
time resign from the trusts hereby created by giving thirty (30) days' written
n oti c e to the City, and such re s iqnat.ion shall tel;e effect at the end of such
thirty (30) days I or upon the earlier appOintment of a succes s or trustee by the
bondholders or by the City. Such notice may be served personally or sent
by regi stered mail.-
Section 1107. The Trustee may be removed at any time by an insrru-
merit or concurrent instruments in writing delivered to the 'I'ruste e and to
the City i and signed by the owners of a majority in aggregate principal
amount of bonds outstanding hereunder.
Section 1108. In case the Trustee hereunder shall resign or be
removed I or be dis solved I or shall be in course of dissolution or liquidation I
or otherwi se become incapable of acting hereunder ( or in case it shall be
taken under the control of any public officer or officers, or of a receiver
appointed by the court, a successor may be appointed by the owners of a
majority in aggregate principal amount of bonds outstanding hereunder r by
an instrument or concurrent instruments in writing signed by such owners I or
by their attorneys in fact, duly authorized; provided I nevertheless I that in
case of such vacancy the City by an instrument executed and signed by its
Mayor and attested by its City Clerk under its s ee l , shall appoint a temporary
trustee to fill such vacancy until a successor trustee shall be appoi nte d by
the bondholders in the manner above provided; and any such temporary trustee
so appoi rrted by the City shall imm~diately and without further act be super-
seded by the trustee so apporrited by such bondholders. Every such temporary
trustee and every such successor trustee shall be a trust company or bank in
good standing, having capital and surplus of not less than $3 1000 1000.
Section 1109. Every successor or temporary trustee appoi nted hereunder
shall execute r acknowledge and deliver to its predecessor and also to the City
an instrument in vvriting accepting such appointment hereunder r and thereupon

lher act or conveyance;
shall be come fully vested with <.111

the e s t at o s / propert ic s frights / powe r s, sts
duties and obligations of its predecessor; but such predecessor s ha l l , ncverthcJc::,
on the \\'rittc'll rc que s t of th e City or of its s ucco s s or trustee T execute anel
deliver an instrument trcHlsfcl-Tjr)(jto sud; successor uJ1 the ostatc s I projJc:rL:ics r
rights r er s and trusts of SUC)l predecessor h ereundcr: and every prcd.cce~ys();-
trustee s ha deliver all securities I moneys and any other property held by it as
trustee her eund er to its sueees s or . Should any instrument in writ ino from the Cit~_,
be required by any successor trustee for more fully and certainly v e s t in q in such
succes SOI the estates frights f powers and duties hereby vested or intended to be
ve st ed in Lhe predecessor trustee [ any and all such instruments in writing shall, o.:
request! be executed acknovvledged and delivered by the City e- • The resigna-
tton of any trustee and theJnstrument or Instruments removing any trustee and
a ppo int inq a SUCCGssor hereunder. too ether \vith all other instruments prov:decl
e-
lor .
In .).
tm ~" rc 1e
s Art '1'i:l 1;
SD at..,trie expense 01r L1
UG C·1t-Y De
bc IOn:
I
fortl l'Wh. 1l 1Le-:1ano
r'1' > '/ or
recorded by the successor trustee in each recording office where the Indenture
shall have been filed and/or recorded.
Section 111 O. In case the City shall fail seasonably to payor to
cause to be paid any tax , assessment or governmental or other charge upon
any part of the property herein conveyed, to the extent I if any I that the City
may be Hable for s arne , the Trustee may pay such tax, a s s e s s rnerrt or
governmeI!tal charge r without prejudice, however I to any rights of the Trustee
or the bondholders hereunder urising in consequence of such failure; and any
amount at any t irne so paid under this Section sh al l be repaid by the City from
the revenues derived from the morto (Jged property upon demand f and S11Cl11
become so muoh add.i.tional indebtedness secured by this Ind cnture , and the;
same shall be given a preference in payment over ony of said bonds fund s h.rl l
(Hi)' such pilymcnt unless it s hu l l hirvc been lcqtlc~:l 10 do so 1)"/ the hol der;;
of at lOci st to n per cent (l OS~»)of the d9~)rC~Ji; lc
standing hereunder unci shall hevc been provided w it h ocJcquClte funds the
purpose of such puy ment ,
Section J 1lL The resolutions I opini.ons, certificates and other
instruments provjded for in this Indenture me y be 2cceptcd and rcl icd upon by
the 'I'rus tc e as conc.l us iv e ev5dence of the 1;:1ct8 and conclus!,ons st at ed therein
and shall be full "\.varrant I protection and authority to the Trustee for the rel ons e
of property and wrth the withdrewal of ce s h hereunder <
Section 1112 < In the event of a chano e in the office of Trustee,
the old Tru stee which has resigned or been removed s hul l cea se to be Pe.~7jngAgent I
Section 1113 < The City shall be entitled to appoint a ba nk or trust
company as an Alternate Paying Agent at any time by deliveri.ng written notice
to the Trustee f _and the City will ca use such ldteme.te Paying Agentto execute and
deliver to the Trustee a n instrument in which such agent s ha l l agree with the
Trustee that it w i ll hold all sums held by it as such agent for the payment of
principal of and interest on the bonds in trust for the benefit of the bondholders f
or for the benefit of the Trustee r as the case may be. Such bank or trust com-
pany shall be in good standing and have capital and surplus of not less than
..
$3 1000 I 000, The Alternate Paying Agent may resign at any time by delivering
written notice to the City and the Trustee or may be removed at any time by the
City delivering written notice to the Alternate Paying Agent and the Trustee.
Upon any such resignation or removal, the Alternate Paying IIgent shall promptly
pay to the Trustee all sums held in trust by it under this Indc nture .
Section 1 J 14. There s ha Il be paid the standard and customary
Puying l\gent's fees and cho roe s of the Paying Agent for handling the payment of
the principal of, premium (if any) and interest on the bonds I and Iiinds suffici cnt
to pay the same s ha l I be do po s it cd wi t h the Paying l\gc~nl prior to the dotes or,
which payments arc required to be made on princfpoI and interest.

Section 1.1.15. The City arid the Trustee shall have power to appoint and
upon reciuest of the Trus'r:ee the CHi s ha ll for such purpose jOH1 with the
Trustee in-the execution of all In sfrumcnt s ne ce s s ary or proper to appoint
another corporation. or one or more persons approved by the Trustee and
satisfactory to tbE:! Les s ee under tbe Lease Agreement, so long as thel~e is_ ~o
terminat.ion of the interest of the Lessee under the Lease Agreement-by-virtue
of an event of default or otherw.is e I either to act as co-trustee or co-trustees
jointly with the Trustee of a.ll 0:;:- any of the property subject to the lien h ore of ,
or to act as separate trustee or trustees of all or any such property r w it h
such powers as may be provided in the instrument of appointment r and to
vest in such corporation or person or persons as such separate trustee or
co-trustee any property r title f right or power deemed neces s ary or de s ircbl e .
In the event that the City shall not have joined in such appointment within
-- -
fifteen days alter the receipt by it of a request so to do, the Trustee alone
shall have power to make such appointment. Should any deed r conveyance
or instrument In vnHing frorn the-City be required by the separa-te trustee or
co-trustee so appointed for more fully and certainly vesting in and confirming
to him or it such properties, rights I power's I trusts I dut i e s and obligations r
any and all such deeds I conveyances and instruments in writing s hall , on
request, be executed, "acknowledced and delivered by the City. Every such
co-trustee and separate trustee sh e l l r to the extent permitted by Iaw r be
appointed subject to the .fo l love.ino provi s lon s and conditions, nurne ly:
(1) The bonds shall be authenticated and dr.ltvercd and I
all powers duties r oblig()tions

I and rights conferred
upon t he Trustee In respect of the custody of all
money and securities pledged or d c po s itcd h or cundcr r::
shall be exercised soleJ.y by the Trustee; and
(2) The 'I'ru st o o , at any time by an jn:~trumc;ntin writing r

may r crnov o any such s c paratc trustee; or cc -truut co ,
e nturc I appO}ntin'J a ny such
co--irustc(; or separate trustee I s ha l l refer to this Indenture unci the co ndri ns
separate trustee or co-trustee, he, they or it s ha 11be vested w.i th the e s tat c s
or propcr,ty specified rn such instrument, jointly wi t h the Trustee (except insofar
as local lavY'makes it necessary for any separate trustee to e ct alone), subj eet
to all the trust~t _c:onditions and_,provi.sj,ons of this Indenture. J"ny such s e pa rate
trustee or co-trustee may at any time, by an instrum errt in writing, constitute
the Trustee as his I their or its agent or at torney-urr-fa ct w i th full power and
authority [ to the extent authorized by Jaw , to do a ll acts and things and
exercise all discretion authorized or pen-flitted by him, them or it, for ano
on bebalf of him, them or it and in his, their or its name. In ca se any
separate trustee or co-trustee shall die, become incapable of acting,
resign or be removed, all the estates, properties, rights, powe rs , tru s ts ,
duties and obligations of said separate trustee or co-trustee shall vest in and
be exercised by the Trustee until the appointment of a new trustee or a successor
to such s e oarat
, '
e trus te e or co-trustee.
}\1\'1'lCLt xu
SC2.c::.:ljonl?_Ql. The Cjty e nd t11C 'l'rustcc may • from time to time, w.it hout
the a pprova l of eny bondholder [ cnh:[ into such jnclcn"Lurcs c;upplemcnt~ll hereto uS
shall not be incons i stc nt \vith-'t.he tcnn s and provisions hereof (which supplc:rl:cntul
defe ct or omission in this Indenture or in any s upplemc nte l indenture I or (b) to

- ~ -
grant to or confer upon tho Trustee for the benefit of the bondholdcl:s cHY udditi.OL;:::]
-- rights r rerne dtc s r powers [ authority or security t hat may l(J\\'lully be granted to or
conferred upon rhe bondholders or the Trustee r or (c) to subject to the Hen and
pledge of this Indenture additional revenues, properties or collateral or (d) in
connection with the issuance of additional bonds pursuant to the provi sian s of
Section 202 B. hereof, or (e) necessary or desirable in connection with an
amendment to the Lea se Agreement or an amendment to the New Proj ect I
Guaranty Agreement consented to by the Trustee pursuant to the provi s.ion s of
Article XIII hereof.

Section l20;?.o Subject to the terms and provisions conte mcd in this
Section, and not otherwise I the holders of not less than two-t hirds (2/3) in
aggJ.'egute principal amount of the bonds then outstanding s1-Ja11have the rilJht,
from time to time i anything contained in this Indenture to the contrary notwith-
standing I to consent to and approve the execution by the City and the Trustee of
such indenture or indentures supplemental hereto as shall be deemed necessary
and desirable ·by the City for the purpose of modifying! alter inc . arne ndinq I
adding to or rescinding f in any particular I any of the terms or provisions con-
tained in this Indenture or in any supplemental indenture; provided I how ever ,
that nothing herein contained shall permi t ; or be construed as permitUng (a) an
extension of the maturity of the principal of or the interest on any bond issued
hereunder I or (b) a reduction in the principal amount of any bond or the Tate of
interest thereon I or (c) the creation of a lien upon the mortgaged property or a
pledge of the revenues pledged to the bonds other than the lien and pledge
created by this Indenture! or (d) a privilege or prior i of any bond or bonds
over any other bond or bonds, or (e) a reduction in the aggregate principal amount
of the bonds required for consent to such supplemental indenture. Nothing
herein contained, however I s11a11be construed as making necessary the approval
of bondholders of the execution of any supplemental indenture as provided in
Section 1201 of this Article.
If at any time th e City shall request the Trustee to enter into any
supplemental indenture for any of the purposes of this Section, t:z Trustee
shall, at the expense of the City I cause notice of the proposed execution
of such supplemental indenture to be published one time in a daily newspaper
of general circulation published in the City of Little Rock, Arkansa s. Also
a copy of the notice shall be mailed by first cl e ss mai 1 to each registered
owner at his address on the bond registration book maintained by the Trustee.
Such notice shall briefly set forth the nature of the proposed supplemental
indenture and shall state that copie s thereof are on file at the pri nci pal office
of the Trustee for inspection by bondholders. The Trustee shall not I how-
ever f be subj ect to any liability to any bondholder by rea son of its failure
to publish or mail such notice J and any such failure shall not affect the
validity of such supplemental indenture when consented to and approved as
provided in this Section. If the holders of not less than two-thirds (2/3)
in aggregate principal amount of the bonds outstanding at the time of the
execution of any such supplemental indenture shall have consented to and
approved the execution thereof as herein provided, no holder of any bond
shall have any right to object to any of the terms and provisions contained
therein r or the operation thereof I or in any manner to que stion the propriety
of the execution thereof I or to enjoin or restrain the Trustee or the City from
executing the same or from ta kinq any action pursuant to the provisions
thereof. Upon the execution of any supplemental indenture I this
Indenture shall be and be deemed to be modified and amended in accordance
therewith.
Section 1203. Anything herein to the contrary notwithstanding! a
supplemental indenture under thi s Artic Ie XII shall not become effective unless
and until the Lessee under the Lease Agreement shall have consented to the
execution and delivery of such supplemental indenture. In this regard I the
Trustee shall cause notice of the proposed execution and delivery of any such
supplemental indenture together with a copy of the proposed supplemental in-
denture to be mailed by certified or registered mail to the Lessee under the
Lease Agreement at least fifteen (15) days prior to the proposed date of execu-
tion and delivery of any such suppl ernerite l indenture. The Lessee under the
Lease Agreement shall be deemed to have consented to the execution and delivery
of any such supplemental indenture if the Trustee receives a letter signed by
an authorized officer of the Lessee: under the Lease Agreement expressing said
consent within thirty (30) days after the mailing of notice and a copy of the pro-
posed supplemental indenture to the Lessee under the Lea se Agreement or if
the Trustee does not receive a letter signed by an authorized officer on or be-
fore 4: 00 p . m. I C. S. T . I of the thirtieth day after the mailing of said notice I
the Lessee under the Lea se Agreement shall be deemed to ha ve consented to
the execution and delivery of such supplemental indenture.

ARTICLEXIII
j\hIENDIVIENT OF LEASE AGEEEJ\1EJ\fT OR or

I-JE~/l PROJECT I GUAFU\:NTY AGREEJVIENT
Section 1301. The Trustee may from time to time, and at any time, but
not prior to thirty (30) days after publication of the notice provided for in Section
1302 hereof, consent to any amendment .. change or modification of the Lease
Agreement or of the Ne'N Project I Guaranty Agreement for the purpose of curfnc
any ambiguity or formal defect or omission or making any other change in either
instrument, which in the reasonable judgment of the Trustee is not to the
prejudice of the Trustee or the holders of the bonds. The Trustee shall not
consent to any other amendment, change or modification of the Lease Agreement
or of the New Project I Guaranty Agreement without the prior approval or consent
of the holders of not less than two-thirds (2/3) in aggregate principal amount
of the bonds at the time outstanding I evidenced in the manner provided in
Section 1401 hereof.
Section 1302. If at any time the City or Lessee under the Lease
Agreement or Guarantor under the New Proj ect I Guaranty Agreement shall
request the Trustee's consent to a proposed amendment, change or modifica-
tion requiring bondholder approval under Section 1301, the Trustee shall, at
the expense of the reque sting party I cause notice of such proposed amendment,
change or modification to be published one time in a newspaper of general
circulation published in the City of Little Rock r Arkansas. Also a copy of the
notice shall be mailed by first class mail to each registered owner at his
address on the bond registration book maintained by the Trustee. Such notice
shall briefly set forth the nature of such proposed amendment I change or
modification and shall state that copies of the instrument embodying the same
are on file in the principal office of the Trustee for inspection by any interested
bondholder. The Trustee shall not I however: be subject to any liability to any
bondholder by reason of its failure to publish or mail such notice I and any such
failure shall not affect the validity of such amendment: change or modification
when consented to by the Trustee in the manner hereinabove provided.

j\RTICLL~ XIV
MIS C]=J,1,71)'0];OlJ S
-----------~---.---
SecU eli'] ]!J 0] . i\ny request f cJirection I objection or other instrument rcqu iro « by
- -, -
this Indenture to be signed and executed by the bondholdor s may be i n Clny number of
ooncurrc ntt 'NO

'" on9
. s r,."
01 s irru rar re rior ano ". may DC slgne d 1
- or oxc cuteI o' »y f'
SUC.1 »ono notc.cr s 1" ,
in person or by agent a ppoi nte d in writ i nq . 1'1'09£ of the execution of any such request,
direction r objectio!i, or other i ns trumcnt or of the wr it inq appointing aJ1Y such Clgent Clnc:
of the ownership of bonds ( if made in the fol.Iow i nq manner, s he l l be suffj.cient for an:/
of the purposes of this Indenture I and shall be conclusive in favor of the Trustee '.'lith
regard to any action taken by it under such re que st or other instrument r namely:
(a) The fact and date of the execution by any person of any such wr it inc may b2:
proved by tIle certificate of any offi cer in any jurfs dl ct ion who by Iaw has power (0 tuk o
e ck nowle dqmo nts within such jurisdiction that the person Signing such writing ack now-
ledged before him the exe cut.i on t hor e of I or by an affidavH of any wi tne s s to such
execution.
(b) The fact of holding by any person of bonds and/or coupons transferable by
delivery and the amounts and numbers of such bonds I and the date of the holcjing of the
same, may be proved by ? certifi cate executed by any trust company I bank or bunkers I
wherever situated I stating that at the date thereof the party named therein did exhibit
to an officer of such trust company or bank or to such banker, as the property of such
. party I the bonds and/or coupons therein mentioned if such certificate shall be deemed
by the Trustee to be satisfactory. The Trustee may r in its eliscretion .rcquire evid.ence
that such bonds have been deposited with a bank. r bankers or trust company r before
taking any action based on such ownership.
For all purposes of the Indenture and of the proceec1ings for the enforcement
thereof I such person s hall be deemed to continue to be the holder of .s uch bond until the
'rruetcc shall have re cc ivc d notice in vzritinq to the contrary.

S cotio n 1/:
----------_._- o:~. ith the ('xccpiic)n oJ r JJ(:"; helCh} oxprc;:;:;ly COll-
Icrrcd , notiJin9 cxprc s s cd or m cnt ionod In or to be im plicd from this I e nturo , or
the bonds rs s ucd hereunder, 5s intended or s ha l l be construed to o ivo to any
person or company ot h or tho n the part io s hereto, and the holders of the bonds
and coupons secured by th is Indenture, uny ·1e9uJ or equitiJblc right, remedy or

• ('»
ol a im under or in respect to t.his Indenture or an)' ccvcnants . corid it io ns and
provisions herein contained; this Indenture e nd all of the covenants, conditions
and p~-ovlsion-s-hcreof being int'ended to be and being for the sole cxc Ius ive bene-
fit of the parties hereto and the holclers of the bonds and coupons herGby secured
as herein prov ided.
Section 1003, If any prov is ion of this Indenture shall be held or
deerned to be or shall, in fact; be inoperative or unenforceable as applied in
any particular case in any jurisdiction or j ur ls d ict io ns or in all jurisdictions or
in all cases because it c onfl ic ts with any prov is ions or any oons t Itut ion or statute
. -
or [1..118 of publ ic pol icy , or for any other reason, such circumstances shall not
have the effect of rendering the. provision in question inoperative or unenforceable
in any other case or circumstance, or of rendering any other provision or provi-
sions herein conta ined invalid.! _inoperative or unenforc'eabl e to any exte nt- whatever,
The invalidity of anyone or more phrases, sentences r- clauses or
paragraphs in this Indenture conta ined shall not affect the rerna iruno portions
of this Indenture or any part thereof.
Section 1404. It shall be s uff ic ie nt service of any .not ic c , request,
cornpl a int , demand or other paper on the City if the same shall be duly mailed to
the City by registered or certified me il uddressed to the Ivlayor of the City, or to
such address as the City may from time to t im c f ile with the Trustee.
Section 14 05. This Indenture shall be considered to have been
executed in the Ste te of j·ukansas and it is the intention of the parties that the
substantive Jaw of the State of Arkansas govern as to e Il questions of interpreta-
lion / vo lf di ty and effect.

ACKNO'vVLEDGMENT
STATE OF ARKI\NSl\S )
)
COUNT:{ OF B]~XTER )
On this day of t 1972; before me, a
Notary Public I duly commiss ioned, qualified and acting, with in and for the
State and County aforesaid I appeared in person the wrth in named
and ( Mayor arid-elerk ~

---_._------- ------ -----
respectively, of the City of Mountain Home ( Arkansas t a municipality of the
State of Ark.ansas I to me personally known ( who stated that they were duly
authorized in their respective capacities to execute the foregoing instru-
ment for and in the name of the municipality ( and further stated and acknow-
ledged that they had signed I executed and delivered the foregoing instrument
for the consideration, uses and purposes therein mentioned and set forth .
. IN TESTIMONY WHEREOF ( I have hereunto set my hand and
offic ial seal this day of _ I 19;2.
Notary Public
(SEAL)
ACKNOVvLEDGMENT
STATEOF TENNESSEE
COUNTY OF
On this day of 1 1972 1 before me, a Notary
Public duly commissioned, qualified and acting within and for the State and
County aforesaid r appeared in person the within named _
and and
respectively; of Commerce Union Bank / Nashville I Ten n e sse e r
to me personally well k nown , who stated that they vv-ere duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and
behalf of the Ba nk , and further stated and acknowledged that they had so signed,
executed and delivered the foregoing instrument for the consideration, uses and
IN TESTIMONY WHEREOF 1 I have hereunto set my hand and official seal
this --- day of _______ 1 1972.
Notary Public
(SEAL)
EXHIBIT A
Section 3: That the Mayor and City Clerk { for and on behalf of the
City ( be! and they are hereby, authorized and directed to do any and all things
neces s ary to effect the execution of the Trust Ind.enture I its execution and
acceptance by the Trustee f the performance of all obligations of the City under
and pursuant to the Trust Indenture, the execution and delivery of the bonds r
and the performance of all other acts of whatever nature neces sary to effect and
carry out the authority conferred by this Ordinance and by the Trust Indenture.
That the Mayor and the City Clerk be, and they are hereby, further authorized
and directed I for and on behalf of the City r to execute all papers, documents I
certificates and other instruments that may be required for the carrying out of
the authority and its exercise.
Section 4. That since the City is here involved with the constructing
and equipping of a complex industrial project, requiring highly specialized work
and specialized types of machinery and equipment, it has been and is hereby
determined by the City Council that competitive bidding be, and the same are
hereby r waived as to this particular industrial project. This action is taken by
the City Council purs uant to applicable laws of the State of Arkansas, including
particularly Act No.9.
Section 5. That the Mayor and City Clerk for and on behalf of the City f
be and they are hereby, authorized and directed to take all action, and execute
and file all documents, necessary t o perfect an election to proceed under
Section 103 (c) (6) (D) of the Internal Revenue Code of 1954 to the end of insuring
that interest on the bonds is exempt from federal income taxes.
to be s everab le , and if any section, phrase or provision shall for any reason be
declared to be severable; and if any section, phrase or provision for any reason
be declared to be invalid I such declaration shall not affect the validity of the
remainder of the sections I phrases or provisions.

Section 7. That all ordinances I resolutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 8. That there i.s hereby found and declared to be an immediate
need for the securing and developing of substantial industrial operations in
order to provide additional employment, alleviate unemployment and oth erwi s e
benefit the public health, safety and welfare of the City and the inhabitants
thereof , and the issuance of the bonds authorized hereby and the taking of the
other action authorized herein are immediately necessary in connection with the
securing and developing of substantial industrial operations and deriving the
public benefits referred to above. It is I therefore, declared that an emergency
exists and this Ordinance being necessary for the immediate preservation of
the public health, safety and welfare shall be in force and take effect immediately
upon and after its passage.
PAS SED ....:::Fc...;:e:...:,:b:..:,.ru=.a=.:[:...:y-=2.:::,..8 I 1972.
APPROVED:
ATTEST:
/
Mayor
(SEAL)
CERTIFICATE
The undersigned f City Clerk of the City of Mountain Home f Arkansa Sf
hereby certifie s that the foregoing page s are a true and compared copy of an
Ordinance passed at a _--=-r..::.e.",g...:;u:.:;:l..;;;:a.::...r

__ session of the City Council of Mountain
Home, Arkansa s . held at the regular meeting place of the Council in the City
at 3=-0"-- __
-"-7-=-: 0' clock _-JP~. m < on the 28th day of _-=F:-.-e.::...b_ru--,-,-a_r,,-Y_
1972,
f
and that the Ordinance is recorded in Ordinance Record Book No. 2 at
Page 60 et seq. , now in my possession.
GIVEN under my hand and seal this 28th day of __ F_e_b_r_u_a_r

•.
~ , 1972.
(SEAL)
ORDINANCE NO. 294
AN ORDINANCE M~NEXING PROPERTY CONTIGUOUS

THEREWI TH TO THE CITY OF MOUNTAIN HOME, ARKANSAS
property hereinafter described have filed a Petition in writing, praying that
said property be annexed to the City of Mountain Home, Arkansas for the purpose
hereinafter set out, and
of Mountain Home, Arkansas, has heard all persons desiring to be heard and has
ascertained that said Petition was signed by persons owning the majority in
value of real property wi thin said terri tory, and
Mountain Home, Arkansas, and after a hearing in said Court an order was taken
on January 18, 1972, in which it was determined that due Notice of Hearing on
such Petition was published as required and that the Petition was in proper
order,
NOW, THEREFORE, be it ordained by the City Council of the City of Mountain
Home, Arkansas:
There is hereby annexed to and made a part of the City of Mountain Home,
Arkansas, the following described property, to-wit:
Beginning where the t section line of Section 5,

Township 19 North, Range 13 intersect State Highway
5, thence run North 956.67 feet, thence North 88 deg.
54' East 472.22 feet, thence South 02'30" Viest 885.72
feet, thence South 70 deg. 10' West 422.40 feet, thence
North 50 deg. 12' West 113.5 feet to the point qf beginning.
Same being a part of the wt
NEt Section 5, Township 19
North, Range 13 West.
Passed and Approved this
City Clerk / /
ORDINANCE NO 295_
AN ORDINANCE ANNEXING TO WATER AND SEWER IN~ROVEMENT DISTRICT

NO. 3 OF MOUNTAIN HOME CERTAIN TERRITORY CONTIGUOUS THEREWITH.
WHEREAS, persons claiming to be a majori ty in value of the owners of
real property in the territory hereinafter described, have filed their
petition in writing, praying that the territory be annexed to Water and
Sewer Improvement District No.3 of Mountain Home, for the purposes
hereinafter set out; and
City of Mountain Home, Arkansas, has heard all persons desiring to be heard,
and has ascertained that said petition was signed by persons owning a majority
Section 1: There is hereby annexed to and made a part of Water and
Sewer Improvement District # 3 of Mountain Home, the following described
territory, to-wit:
Beginning where the t section line of Section 5,

Township 19 N. Range 13 intersect State Highway
5, thence run North 956.67 feet, thence North 88
deg. 54' East 472.22 feet, thence South 02'30"
West 885.72 feet, thence South 70 deg. 10' West
422.40 feet, thence North 50 deg. 12' West 113.5
feet to the point of beginning. Same being a part
of the NE"? Section5, Townsrri p 19 North, Range
13 V,iest.
for the purpose of constructing extensions of the existing sanitary sewer
system to serve the property hereinabove described; to construct exterysions
to the water system as same now exists to serve the property within the
boundaries of the territory hereinabove described, in such manner and with
such materials as the Commissioners of Water and Sewer Improvement District
No.3 of Mountain Home may deem to be for the best interest of the District,
and that the cost thereof be assessed and charged upon the real property
Section 2: It is ascertained that there is an immediate need for
constructing extensions to the existing sanitary sewer system to serve the
property hereinabove described; to construct extensions to the water system
as same now exists to serve the property within the boundaries herein above
first described; therefore, an emergency is hereby decreed to exist and
this Ordinance being necessary for the preservation of the public health
ORDINANCE NO. ?Q5 Continued
and safety of the people of Mountain Home, this Ordinance shall be in full
Passed and approved this 13 day of March, 1972.
1;,1. :;'J. Dickerson, /lviayor

/
ATTEST:
ORDINANCE NO. 296
ORDINP~CE PROVIDING FOR THE ZONING OF PROPERTY WITHIN THE

CITY OF MOUNTAIN HOME, ARKANSAS, ESTABLISHING TYPES OF USES
OF PROPERTY TO BE ALLOWED IN THE VARIOUS ZONES, ADOPTING A
ZONING IvlP.P,
REPEALING ORDINANCES IN CONFLICT HEREWITH; AND
FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, .ll.RKANSAS:
SECTION 1.
It is hereby adopted by the City of Mountain Home, Arkansas,

for the purpose of establishing rules and regulations with regard to zoning
within the city of Mountain Home, Arkansas a zoning code prepared by the
Northwest Arkansas Economical Development Department, Inc. for the City of
Mountain Home, Arkansas, captioned "ZONING ORDINANCE, MOUNTAIN HOME, ARKANSAS"
"DP..AFT"dated November, 1971, of which not less than three copies have been
filed in the office of the City Clerk of Nbuntain Home, Arkansas and the
same is hereby adopted and incorporated as fully as if set out at length
herein, word for word and from the date on which this ordinance shall take
effect the provisions thereof shall be controlling in the matters regulated
thereby within the corporate limits of the City of Mountain Home,Arkansas.
SECTION 2.
Nothing in this Ordinance or the Code herein adopted shall be

construed to effect any suit or proceeding now pending in any Court, any
rights acquired, or liability incurred, nor cause or causes of action accrued
or existing, under any Act or Ordinance repealed hereby. Nor shall any right
or remedy of any character be lost, impaired, or affected by this Ordi~nce.
SECTION 3.
The invalidity of any section or prov~s~on of this Ordinance

or of the Code hereby adopted shall not invalidate any other sections or
provisions of this Ordinance or of the said Code.
SECTION 4.
All Ordinances or parts of Ordinances in force at the time

that this Ordinance take effect and inconsistent therewith are hereby
repeales.
SECTION 5.
The Council having determined that the zoning laws within

and for the City of Mountain Home, Arkansas are inadequate and that the
preservation of the health and safety of the said City would be
detrimentally effected other wise, the Council determines that an
emergency exists and that this ordinance shall have full force and effect
from and after its passage and approval. 1
ORDINANCE NO. 297

WITH REFERENCE TO ZONING WITHIN THE
AREA ZONED AS RESIDENTIAL R-l TO
COMIV'lERCIALC-2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKN~SAS:
That a proper petition ~~s filed by a property owner requesting
a change in .zom nq; tha t said petition wa s submitted to the Planning
petition and a public hearing thereon ~~spublished in a newspaper
hearing was held; that all remonstrances were heard, af±er which the
Planning Commission recommended that all property described hereinafter
be rezoned.
ARKANSAS:
hereby changed in zoning from Residential R-l to Commercial C-2:
All that part of the sEt NEt, Section 4, Tc~.

19 North, Range 13 West, lying South of U. S.
Highway No. 62 and paralled to said highway
to a depth of 400 feet~and as owned by Woodson
Messick and Eunice Messick, his wife.
ENACTED THE 28th day of Fe'bruary, 1972 ANfCDECLARED EFFECTIVE
Mayor ';
I
!
ATTEST:
ORDINANCE NO. 298
AN ORDINANCE AMBNDING ORDINANCE NO. 293, ADOPTED

AND APPROVED ON FEBRUARY 28, 1972, PERTAINING TO AN
INDUSTRIAL PROJECT; PRESCRIBING OTHEQ MATTERS PERTAIN-
ING THERETO;AND DECLARING AN EN~RGENCY.
WHEREAS, by Ordinance No. 293, adopted and approved on February 28,
1972 ("Ordinance No. 293"), the City Council, proceeding pursuant to a
favorable vote of the electors approving the issuance of Industrial Development
Revenue Bonds of the City under Act No.9 of the First Extraordinary Session
of the Sixty-Second General Assembly of the State of Arkansas, approved
January 21, 1960, as amended, authorized bonds in the total principal
amount of not to exceed $5,000,000 and provided for the immediate execution
and delivery of Series A Bonds in the principal amount of $3,300,000; and
Whereas, it develops that only $2,800,000 will be needed at
this time and the Series A Bonds should be decreased to that principal
amount;
NOW, THEREFORE, BE IT OB~AINED BY THE CITY COUNCIL of the City
Section 1. That Ordinance No. 293 is hereby amended to
provide that the principal amount of the Series A Bonds shall be $2,800,000
rather than $3,300,000 at all places in Ordinance No. 293 where reference
to the Series A Bonds is made, including, without limitation, the reference
in the last Whereas clause, the reference in Section 2, and all references in
the Trust Indenture authorized in substantial form by Section 2.
Section 2. That Ordinance No. 293, as amended hereby, is
continued in full force and effect.
Section 3. That there is hereby found and declared to be an
immediate need for the securing and developing of substantial industrial
operations in order to provide employment, alleviate unemployment and
otherwise benefit the public health, safety and welfare of the City and its
inhabitants, and the issuance of the bonds and the taking of the other action
authorized by Ordinance
No. 293, as amended hereby, are immediately necessary for the accomplis~~ent
of those public benefits. It is, therefore, declared that an emergency exists

.;pi'
and this Ordinance being necessary for the immediate preservation of the public
health, safety and welfare shall be in force and take effect im~ediately
upon and after its passage.
PASSED:_...:2:;.:7...:t:;.:.;h~M;;;.;ar=-c::;.:h;.:.....::l::..::9:..:.7..:::2,--
_
ATTEST:
Cit1 Clerk /
(s eAL)
ORDINANCE NO. 299
AN ORDINANCE CREATING THE MOUNTAIN HOME MUNICIPAL PARKING AUTHORITY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOME, ARKANSAS:
Section 1: DECLARATION OF POLICY. The City Council hereby determines

and declares that excessive curb parking of motor vehicles on roads and
streets in the City of Mountain Home, and the lack of adequate off-street
parking facilities, create congestion, obstruct the free circulation of
traffic, diminish property values, and endanger the health, safety and
general welfare of the public; that the provision of conveniently located off-
street parking facilities are therefore necessary to alleviate such con-
ditions.
Section 2: DEFINITION OF PARKING FACILITIES. For the purposes of

this ordinance, public off-street automobile parking facilities are defined
as accommodations provided by public authority for the parking of automobiles
off the street or highway, and open to public use, with or without charge.
Parking facilities may consist of lots, garages, or other structures

and accessories; they may be surface facilities or facilities above or
below the ground.
Section 3: CREATION OF PARKING AUTHORITY. There is hereby created

a Mountain Home Nunicipal Parking Authority for the purpose of establishing,
operating, or causing to be operated, public off-street automobile parking
facilities. The Parking Authority shall consist of five (5) members, and
shall be appointed by the W~yor and approved by the City Council. Said
members shall be qualified electors, residing within the City of Mountain
Home, and cannot hold any elective office of the City, County or State.
Members of the Authority shall be appointed for terms of 1, 2, 3, 4, and
5 years respectively, so that the term of one member shall eKpire each
year after the creation of this Authority. Upon the termination of office
of each member, a seccessor shall be appointed in like manner for a term of
five (5) years, and shall serve until his seccessor shall have been appointed
and qualified. The members of the Authority shall receive no compensation
for their services.
Section 4: DESIGN OF PARKING FACILITIES. The Mountan Home Nunicipal

Parking Authority is authorized to design and locate any off-street auto-
mobile parking facilities as to best serve the public purposes for which such
facilities are intended. Such facilities may consist of lots, improved or
unimproved; single or multi-level garages; other structures and accessories.
Section 5. AUTHORITY TO ESTABLISH PARKING FACILITIES.
(a) The Mountain Home Nunicipal Parking Authority, acting

alone or in cooperation with any Federal or State agency, is hereby
authorized to plan, design, locate, finance, acquire and own property for,
construct, alter, enlarge, use, maintain, operate, and lease off-street
automobile parking facilities whenever and to the extent that such facilities
are deemed necessary within its jurisdiction; and to supervise and control all
other matters pertaining to parking vehicles on such facilities; provided,
however, that the sale, storage or dispensing of any profuct used in or for
the servicing of motor vehicles shall not be permitted on or in connection
with parking facilities.
(b) The contracts for any of the construction of parking

facilities shall be awarded to the lowest respoasible bidder. No member of
the Parking Authority shall, directly or indirectly, have any interest in
any such contract.
Section 6: PLANNING FOR PARKING FACILITIES. The Mountain Home

Municipal Parking Authority, after a thorough investigation of the parking
problems within its jurisdiction, shall formulate, for public presentation,
a master plan of automobile parking facilities as a guide for the further
provision of parking facilities, properly integrated with present and proposed
traffic facilities, subject to alteration as necessary. A program of
construction and methods of financing shall likewise be formulated.
Section 70 RECORDS AND REPORTING. The Mountain Home ~unicipal
Parking Authority shall maintain proper accounting and financial records
of all transactions and provide and file an annual financial statement with
the City Clerk.
Section 80 Bv~LOYEES. The Mountain Home Municipal Parking

Authority is hereby authorized to employ such persons as it'deems
necessary in furtherance of its duties hereunder.
Section 9. AQUISITION OF PROPERTY AND PROPEqTY RIGHTS. For

the purpose of this Ordinance, the Mountain Home Nunicipal Parking
Authority is hereby authorized to acquire private or public, real or
personal property and property rights, above, at or below the surface of
the earth, necessary for off-street automobile parking facilities, by
purchase, eminent domain, gift, lease or otherwise.
Section 10: G8~EP~L. The Mountain Home Nunicipal Parking

Authority is hereby vested with all rights, powers and authorities
granted by Act No. 468 of the Acts of the General Assembly of Arkansas
for 1949.
Section 11: This Ordinance shall be in effect and take effect

from and after its,-passage.
PASSED AND APPROVED THIS 27th day of NBrch, 1972.
IViayo
/
ATTEST:
City Clerk (
ORDINANCE NO. 300
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPECT TO

AREA RE-ZONED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKfu~SAS:
local circulation as required by Ordinance No. 163 on the posting of notice
on subject property in accordance with Ordinance No. 283; that a public hear-
ing was held; that all remonstrances were heard, after which the Planning
IT IS THSqEFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
be and is hereby changed in zoning from Residential R-l to Commercial C-2:
A part of the NEt of the Nwt of Sec. 3,

Twp. 19 N., Range 13 West, lying on the north
side of U. S. Hwy. No. 62, also part of the ~t
of the NV~ and part of the sEt of the Nwl of said
Sec. 3; also part of the sEt of the SvVi and part
of the SvVi of the SV~ of Sec. 34, Tvp. 20 North,
Range 13 West, more particularly described as
follows: Begin, at an iron cylinder or stake on
the TWD. line 150 ft. west of the NE corner of
the N~t of the NV~ of said Sec. 3, (Said cylinder
or stake being 196 ft. west of the SE corner of
the swt of the sv~iof Sec. 34 because of a correction
in the Tw~. line) and run thence South 1280 feet
to the South boundary line of the Nwt of the Nvrt
of Sec. 3, thence continue South 56 ft. to the
North Right of Way line of U. S. Highway No. 62,
thence along said Right of Way North 82 degrees
E. 300 ft. to point of curve, thence on a curve
to the left, a cord of North 72 degrees east a
distance of 410 ft., thence leaving said Right of
Way run N. 285 ft., thence in a general westerly
direction 220 ft., thence N. 30 ft., thence easterly
direction 170 ft. (30 ft. land provides access
to spring as reserved in former deeds recorded in
Book 43, pg. 380) thence N. 854 ft. to tw~. line,
continue thence N. 73 ft. thence W. 634 ft., thence
south 73 ft. to point of beginning, containing
20 acres, more or less,
EXCEPTING THEREFROM lands heretofore deeded

to Boyce Drake described as follows: Beginning on
E. line of NEt of NV~ where said line intersects
the N. Right of Way line of U. S. Hwy. #62 and
run in a westerly direction along said Right of
Way 843' for a point of beginning, run thence n.
188 ft., thence in a westerly dir~ 87 ft., thence
in a SE direction to a point on Right of Way line
of U. S. Hwy 62, which point is 51 ft. W. of point
of beginning, thence east 51 ft. to beginning point.
AND ALSO EXCEPTING tract retained by Olsen
described as follows: That part of the Net N~t of
Section 3, Twp. 19 North, Range 13 West, described
as follows: Beginning on East line of Net Nivt
aforesaid, where said line intersects the N. right
of way line of U. S. H~~. #62 and run in a westerly
direction along said Right of Way line 843 feet
to a point, being SE corner of land deeded by
Morris to Boyce Drake, as shown at D. R. 61, page
86, run thence North 188 feet to NE oorner of said
tract and the point of beginning for tract herein
described;
From said beginning point, run thence in a

westerly direction, along the North line of said
Boyce Drake tract, 87 ft. to NW corner of said
tract and SW corner of tract herein described, run
thence North 97 feet, more or less, to the South
line of 30 foot strip reserved in former deeds
(Cf. D. R. 43, page 380, Hensley to Parks,) run
thence in a general Easterly direction, along the
South line of said reserved strip to a point on
East line of Olsen tract, directly North to the
point of beginning, run thence South 97 feet more
or less, to the point of beginning, containing 1/5
acre, more or less.
Subject property is located on Highv~y 62 NE bounded on

the North by property owned by Boyce Drake, bounded on the
South by a DX Service Station, located directly across the
highway from the Firestone Safety Center. This property is
unimproved~
ENACTED THE 27th DAY OF r~,RCH, 1972 AND DECLARED EFFECTIVE

ATTEST:
ORDINANCE NO. 301
-==-----
An Ordinance to Regulate the Operation of Trash and Garbage Pickup

Services within the Corporate Limits of Mountain Home, Arkansas:
Be it Ordained and Enacted by the City Council of the City of

SECTION 1. That it shall be, and is hereby declared to be, unlawful

for any person, firm or corporation to engage in the operation of any
trash or garbage pickup and/or disposal service within the City of Nbuntain
Home, without first procuring from the City Council a franchise to do so.
SECTION 2. Such franchise may be executed by the NByor and City

Clerk, for a period not to exceed three (3) years to such persons and
upon such terms and conditions as the City Council may hereafter by proper
resolutions direct.
SECTION 3. Any person, firm or corporation violating any of the terms

of this ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in any sum not less than $50.00 nor more than $100.00,
and each day thereof shall be deemed a separate offense.
SECTION 4. If, for any reason any portion of this ordinance be held
to be invalid, such invalidity shall in no wise affect the remaining
portions thereof which are valid, but such valid portions shall be and
remain in full force and effect.
SECTION 5. And this Ordinance being necessary for the i~mediate

preservation of the public peace, health and safety, an emergency is hereby
declared to exist and the same shall be in full force and effect immediately
after its passage.
Approved this 27th day of March, 1972.
Attest:
(
ORDINANCE NO. 302
AN ORDINANCE RE~ULATING THE KEEPING OF DOGS AND CATS

WITHIN THE CITY OF MOUNTAIN HOME, ARKANSAS; REQUIRING
LICENSING AND VACCINATION; PROVIDING FOR THE CONTRACT-
ING OF POUND SERVICES; PROVIDING PB~ALTIES; AND FOR
OTHER PURPOSES.
Now, Be It Ordained by the City Council of the City of Mountain Home,
Arkansas:
Section 1. It shall be the duty of every person, firm or corporation,
owning, keeping or harboring any dog or cat in the said City to register the
same with the Clerk, and pay a license fee as provided herein.
Section 2. The annual license fee shall be Two Dollars ( $2.00) for
each dog or cat. Said fee shall be paid and said license obtained for each
dog or cat in the City within 90 days from the passage and publication
of this Ordinance. Hereinafter, this fee shall be paid on the first day
of May of each year, and within one week of acquiring such dog or cat
when such dog or cat is acquired after May 1 of any license year, no license
shall issue until proof of vaccination for Rabies shall be presented to
said Clerk.
Section 3. The p~rson paying such fee shall receive a metal license
tag, containing such numbering or lettering as may be directed by the Clerk.
The Clerk shall maintain a list of all such licensing, in appropriate form,
.J
which shall include the information on the metal tag, the name and address
of the owner of the animal and the date of the vaccination of the said
animal. Every such animal in the City shall be equipped with a collar and
the tag for said animal shall be fastened to said collar at all ~.
~lmes.
Any dog or cat which dose not have such a tag while at large in the
community shall be deemed a stray and shall be impounded.
Section 4. ~hen the Mayor by proclamation shall declare that danger
from rabies is great, it shall be unlawful for any dog or cat to be at
large in the community, on premises other than the premises of the owner,
unless said animal is securely muzzled.
Section 5. Whenever a dog or cat bites a person, the owner or
keeper thereof shall immediately notify the City Clerk. The N~¥or, Clerk
or City Health Officer shall order the animal held upon the owners
premises or shall have it impounded for a period of two weeks. The
animal shall be examined immediately after it has bitten anyone and again
ORDINANCE NO. 302 CONTINUED
at the end of the two week period. If at the end of two weeks a
veterinarian is convinced that the animal is free of rabies,it shall
be released from quarrantine 'or from the pound as the case may be. If
the animal dies in the meantime, its head shall be sent to the State
Health Department for examination for rabies.
Section 6. No dog or cat shall be allowed upon premises of another
without permission of the owner or occupant of said premises. The owner,
keeper or harborer of said animal shall be absolutely liable for all
damages to personal property and/or for personal injuries caused by said
animal while upon premises of another, or running at large, not to exceed
Five Hundred Dollars ( $500.00). Dogs or cats which are running at large
shall be taken up and impounded by the dog catcher. Notice shall be
given to the owner, where known, upon such impounding by the dog catcher.
Section 7. Animals which are impounded shall be kept in the enclosure
until redeemed or otherwise disposed of as may be directed from time to
time by the Mayor or the Council. Any persons seeking to redeem an
impounded animal shall pay a fee of Five Dollars ($5.00) plus One Dollar
($1.00 per day storage charges incurred for the storage of said animal.
If said animal has no evidence upon him of vaccination, the said owner,
prior to redemption, in addition to the fees set out herein, show proof of
vaccination, and secure a license £or the animal.
Section 8. The Mayor of the City of Mountain Home shall be and he
is hereby authorized to contract with any person, firm or corporation for
services as a dog catcher and pound operator. Compensation for said
services shall be at a rate mutually agreed to by the ~Eyor and the person
selected to fulfill this capacity.
Section 9. It shall be the duty of the dog catcher and the police
department of the City of Mountain Home to enforce the provision of this
Ordinance.
Section 10. Violation of the penal sections hereof shall constitute
a misdemeanor, and upon conviction a fine of not less than five nor
more than fifty dollars shall be assessed.
Section 11. The provisions of this Ordinance are severable. The
invalidity or unconstitutionality of any phrase, clause, sentence,
paragraph or section shall not affect the validity or constitutionality of

ORDINANCE NO. 302 CONTINO EEl .
any other phrase, clause, sentence, or section herein.
Section 12. The City Council of The City of Mantanin Home, Arkansas,
has determined that bands of dogs are roaming on the public streets and
ways of the City of Mountain Home, Arkansas; that there is a danger of
rabies from unvaccinated dogs and cats in the City of Nbuntain Home,
Arkansas; therefore an emergency is declared to exist, and in order to
protect the health and safety of the citizens of the City of Mountain
Home, Arkansas, this Ordinance shall have full force and effect from:
PASSED AND APPROVED THIS 10th DAY OF APRIL, 1972.
ATTEST:
/ 7
CITY CLERK
ORDINANCE NO. 303
AN ORDINANCE AMENDING ORDINANCE 163, WITH RESPECT TO AREA RE-ZONED
on subject property in accordance with Ordinance No. 283; that a public
hearing was held; that all remonstrances were heard, after which the
be rezoned.
That the following real estate in Baxter County, Arkansas be and is
hereby changed in zoning from R-l to C-2~
A part of the SV* of SV* of Section 4,

Township 19 N. R. 13 West, more fully described
as follows: Beginning at the NW corner of said
SV~ SV~ Sec. 4, run thence East to the Center
of the Mountain Home and Gainesville Public
Road, run thence South 246 feet to a point
which is known as the SW corner of the J.B. Haley
tract, run thence South 116 feet to a point of
beginning for the tract herein described; continue
thence South 100 feet to a point, run thence
East 298 feet to a point, run thence North 100
feet to a point, run thence West 298 feet, more
or less to the point of beginning.
8~ACTED THE 24th DAY OF APRIL, 1972, AND DECLARED EFFECTIVE

APPROVED:
g/d!
w. W. Dickerson
ATTEST:
Ci ty Clerk /
RESOLUTION NO. 304
RESOULTION OF THE CITY COUNCIL OF THE CITY OF

MOUNTAIN HOME APPROVING THE URBAN RENEWAL PLAN
FOR THE MOUNTAIN HOME NEIGHBORHOOD DEVELOPM.D"n
PROGRAM
WHEREAS, under the provisions of Title I of the Housing Act of 1949,
as amended, the Secretary of Housing and Urban Development is authorized
to provide financial assistance to local public agencies for the undertaking
and carrying out of Neighborhood Development Program; and
WHEREAS it is provided in such Act that contracts for financial aid
thereunder shall require that the Urban Renewal Plan for the respective
urban renewal area comprising the Neighborhood Development Program be
approved by the Governing Body of the locality in which the area is situated
and that such approval include findings by the Governing Body that: (1) the
financial aid to be provided in the contract is necessary to enable the
Program to be undertaken in accordance with the Urban Renewal Plan;
(2) the Urban Renewal Plan will afford maximum opportunity, consistent
with the sound needs of the locality as a whole, for the rehabilitation
or redevelopment of the urban renewal area by private enterprise: (3) the
Urban Renewal Plan conforms to a General Plan for the development of the
locality as a whole; and (4) the Urban Renewal Plan gives due con-
sideration to the provisions of adequate park and recreational areas and
facilities, as may be desirable for neighborhood improvement, with specific
consideration for the health, safety, and welfare of children residing in
the general vicinity of the site covered by the Plan; and
WHEREAS it is desirable and .in the public interest that the Urban
Renewal Agency of the City, of Mountain Home, Arkansas (herein called the
"Local Public Agency"O undertake and carry out the Neighborhood Development
Program (herein called the "Program") identified as the" Mountain Home
NDP Urban Renewal Area" and encompassing the area or areas in the City of
Mountain Home, State of Arkansas (herein on Exhibit I; and
WHEREAS the Local Public Agency has applied for financial assistance
under such Act and proposes to enter into a contract or contracts with the
Department of Housing and Urban Development for the undertaking of, and
for making available financial assistance for, the Program; and
WHEREAS the Local Public Agency has made studies of the location,
physical condition of structures, land use, environmental influences, and
social, cultural, and economic conditions of the urban renewal area or
areas comprising the Program and has determined that the area is a slum,
blighted, deteriorating or deteriorated area and that it is detrimental
and a menace to the safety, health, and welfare of the inhabitants and
users thereof and of the locality at large, because of existing structural
and environmental conditions, and the members of the Governing Body
have been fully apprised by the Local Public Agency and are aware of
these facts and conditions; and
~lliEREASthere has been prepared and referred to the City Council
of the Locality (herein called the "Governing Body") for review and
approval and Urban Renewal Plan for the urban renewal area, dated
April 10, 1972, and consisting of eight (8) nembered pages and one (1)
Exhibit I, Boundary Description, and three (3) map exhibits entitled
UP.P-I, "Boundary Map", URP-2, "Land Use and Transportation Plan",
and URP-3, "Land Acquisition Plan"; and supported by certain
supplementary data, material, and recowmendations not a part of the
Urban Renewal Plan; and
WHEREAS the Urban Renewal Plan has been approved by the Governing
Body of the Local Public Agency, as evidence by the copy of said Body's
duly certified resolution approving the Urban Renewal Plan which is
attached thereto; and
WHEREAS a General Plan has been prepared and is recognized and used
as a guide for the general development of the locality as a whole; and
~~EREAS the members of the Governing Body have general knowledge of
the conditions prevailing in the urban renewal area and of the availability
of proper housing in the locality for the relocation of individuals and
families that may be displaced by the Program and, in the light of such
knowledge of local housing conditions, will carefully consider and review
the Local Public Agency's proposals for relocation; and
WHEREAS it is necessary that the Governing Body take appropriate official
action respecting the Urban Renewal Plan for the Program, in conformity
with the contract for financial assistance between the Local Public Agency
and the United States of Fmerica, acting by and through the Secretary of
Housing and Urban Development; and
WHEREAS the Governing Body is cognizant of the conditions that
are imposed in the undertaking and carrying out of urban renewal activities
and undertaking with Federal financial assistance under Title I, including
those prohibiting discrimination because of race, color, creed, or
national origin; and

WHEREAS it is recognized that the project will be subject to the
requirements of Section l05(h) of the Housing Act of 1949, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
1. That it is hereby found and determined that the urban renewal
area comprising the Program is a slum, blighted, deteriorating, or
deteriorated area and qualifies as an eligible area under Section 1 of
Act 189 of 1957, as amended by Section 1 of Act 119 of 1959 of the Acts of
the General Assembly of the State ofAxkansas.
2. That the Urban Renewal Plan for the Program, having been duly
reviewed and considered, is hereby approved, and the City Clerk be and
is hereby directed to file said copy of the Urban Renewal Plan with
the minutes of this meeting.
3. That it is hereby found and determined that where clearance
is proposed that the objectives of the Urban Renewal Plan cannot be
achieved through more extensive rehabilitation of portions of the urban
renewal area comprising the Program.
4. That it is hereby found and determined that the Urban Renewal
Plan for the Program conforms to the General Plan of the Locality.
5. That it is hereby found and determined that the financial aid
to be provided pursuant to the contract for Federal financial assistance
pertaining to the Program is necessary to enable the Program to be under-
taken in accordance with the Urban Renewal Plan for the area comprising
the Program.
Plan for the urban renewal area comprising the Program will afford maximum
opportunity, consistent with the sound needs of the locality as a whole,
for the renewal of the area by private enterprise~
Plan for the urban renewal area gives due consideration to the provision
of adequate park and recreational areas and facilities, as may be
desirable for the health, safety, and welfare of children residing in the
general vicinity of the site covered by the Plan.
S. That it is hereby found and determined that the Program for the
proper relocation of individuals and families displaced in carrying out
the Urban Renewal Plan in decent, safe, and sanitary dwellings in con-
formity with acceptable standards is feasible and can be reasonably and timely
effected ":0 permit the proper prosecution and completion of the Plan; and
that such dwellings or dwelling units available or to be made available to
such displaced individuals and families, are at least equal in number
to thenumber of displaced individuals and families, are not generally
less desirable in regard to public utili ties and public and conmer-c La I
facilities that the dwellings of the displaced individuals and families
in the area comprising the Program, are available at rents or prices within
the financial means of the displaced individuals and families, and are
reasonably accessible to their places of employment.
9. That, in order to implement and facilitate the effectuation
of the Urban Renewal Plan hereby approved, it is found and determined that
certain official action must be taken by this Body with reference, among
other things, to changes in zoning, the vacating 'and removal of streets,
alleys, and other public ways, the establishment of new street patterns,
the location and relocation of sewer and water mains and other public
facilities, and other public action, and, accordingly, this body hereby
fa) pledges its cooperation in helping to carry out the Urban Renewal Plan,
(b) requests the various officials, departments, boards, and agencies
of the locality having administrative resopnsibilities in the premises
likewise to cooperate to such end and to exercise their respective
functions and powers in a manner consistent with the Urban Renewal Plan,
and (c) stands ready to consider and to take appropriate action upon
proposals and measures designed to effectuate the Urban Renewal Plan.
10. That financial assistance under the provisions of Title I of
the Housing Act of 1949, as amended, is necessary to enable the land in
the area comprising the Program to be reviewed in accordance with the Urban
Renewal Plan for the Program, and, accordingly, the proposed Program and
the annual increment are approved and the Local Public Agency is
authorized to file and A;;lication for financial assistance under Title I.
11. That it hereby assures the Secretary of the Department of
Housing and Urban Development that the City of Mountain Home will comply
with the requirements of Section 105 (h) of the Housing Act of 1949,
as amended, in the provision of standard low- and moderate-income housing
units at least equal in number to the number demolished or removed by NDP
activities in the NDP Urban Renewal Fxea which are occupied by low- and
moderate-income families and individual
Mayor
EXHIBIT I
BOUNDARY DESCRIPTION
MOUNTAIN HOME NDP URBAN RENEWAL AREA
APRIL 10, 1972
Beginning at a point of intersection of the south right-or-way line

of East Ninth Street and the east right-of-way line of Bryant Street;
Thence west along the south right-of-way line of east Ninth Street
to a point of intersection with the east right-of-way line of College
Street;
Thence south along the east right-of-way line of College Street to

a point of intersection with the north right-of-way line of Twelfth Street;
Thence east along the north right-of-way line of Twelfth Street to a

point of intersection with the east right-of-way line of Maple Drive;
Thence south along the east right-of-way line of Maple Drive to a

point of intersection with the north right-of-way line of Thirteenth
Street;
Thence east along the north right-of-way line of Thirteenth Street

to a point of intersection with the east right-of-way line of an unnamed
Street;
Thence south along the east right-of-way line of said unnamed street
and said unnamed street extended, to a point of intersection with the
Present Corporate Limits line;
Thence westerly along the Present Corporate Limits line to a point

of intersection with the center-line of Dodd Creek;
Thence northwesterly along the center-line of Dodd Creek to a point

of intersection with the south right-of-way line of West Third Street,
extended;
Thence easterly along the south right-of-way line of West Third

Street, extended and West Third Street, to a point of intersection with
the west right-of-way line of Hickory Street;
Thence north along the west right-of-way line of Hickory Street to

a point of intersection with the south right-of-way line of West Third
Street;
Thence westerly along the south right-of-way line of West Third

Street 250' more or less to a point;
Thence north, 250' parrallel with the west right-of-way line of

Hickory Street to the south right-of-way line of West Second Street;
Thence westerly along the south right-of-way line of West Second

Street and West Second Street, extended to a point of intersection with
the center-line of Dodd Creek;
Thence northerly along the center-line of Dodd Creek and continuing

across the right-of-way of North Street to a point of intersection with
the south right-of-way line of Broadmoor Drive, extended;
Thence west along the extension of Broadmoor Drive to the west

right-of-way line of an unnamed street;
Thence northerly along the west right-of-way line of said unnamed

street to a point of intersection with the north right-of-way line
of Arkansas State Highway No.5;
Thence southeasterly along the north right-of-way line of said

Arkansas State Highway No.5 to a point of intersection with the north
right-of-way line of Grand Avenue;
Thence easterly along the north right-of-way line of Grand Avenue

to a point of intersection with the east right-of-way line of Howard Street;
Thence south along the east right-of-way line of Howard Street 125'
north of North Street;
Thence east 125' north of North Street to the east right-of-way

line of North Walnut Street;
Thence north along the east right-of -way line of North \Nalnut
Street 100' to a point on the west right-of-way line of Pigeon Creek
Road;
Thence northerly along the east right-of-way line of Pigeon Creek

Road to a point of intersection with the north right-of-way line of
Lake Street extended;
Thence east along the north right-of-way line of Lake Street

extended and Lake Street to a point of intersection with the center-
line of Hicks Creek;
Thence southeast along the center-line of Hicks Creek to a point

of intersection with the rear property line of properties facing north-
ward into U. S. Highway 62;
Thence southwest along said rear property lines to a point of

intersection with the rear lot lines of properties facing west onto
College Street;
Thence south along the rear property lines of said properties

to a point of intersection with the north right-of-way line of East
Second Street;
Thence east along the north right-or-way line of East Second

Street to a point of intersection 110' east of Foster Street;
Thence south 110' east of & parallel to Foster Street, to the

south right-of-way line of East Fourth Street;
Thence south from said point along the east right-of-way line
of Foster Street to a point of intersection vvi th the north right-of-way
line of East Seventh Street;
Thence east along the north right-of-way line of East Seventh

Street to a point of intersection with the east right-of-way line of
Bryant Street;
Thence south along the east right-of-way line of Bryant Street

to a point of intersection with the south right-of-way line of East
Ninth Street, and the point of beginning.
CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies as follows:
(1) That he is the duly qualified and acting City Clerk of the
City of Mountain Home, Arkan sas , herein called the "Locali ty" and
the keeper of its records, including the journal of proceedings of
the City Council of the City of Mountain Home herein called the
"Governing Body";
(2) That the attached resolution is a true and correct copy of
the resolution as finally adopted at a meeting of the Governing
Body held on the 8th day of May, 1972, and duly recorded in his office;
(3) That said meeting was duly convened and held in all respects
in accordance with law and to the extent required by law, due and
proper notice of such meeting was given; that a legal quorum was
present throughout the meeting, and a legally sufficient number of
members of the Governing Body voted in the proper manner and for
the adoption of said resolution; and all other requirements and
proceedings under law incident to the proper adoption or passage
of said resolution, have been duly fulfilled, carried out, and
otherwise observed;
(4) That if an impression of the seal has been affixed below, it
constitutes the official seal of the Locality and this certificate
is hereby executed under such official seal. If no seal has been
affixed below, the Locality dose not have and is not legally required
to have an official seal;
(5) That the undersigned is duly authorized to execute this cer-
tificate.
IN WITNESS WHEREOF the undersigned has hereunto set his hand
this 8th day of May, 1972.
(SEAL)
t/ (
ORDINANCE NO. 305
M~ ORDINF~CE REZONING PROPERTY WITHIN THE CITY

LIMITS OF MOUNTAIN HOME, ARKN~SAS
WrlEREAS, persons claiming to be the owners of the real property
hereinafter described have filed a petition in writing praying that
said property be rezoned from Commercial C-3 to Commercial C-2 of
the following described real property within the city limits of
Mountain Home,Arkansas:
That part of the W~ Sr~, Section 33, Township 20

Beginning at the SE corner of Mil-,t- swt and run

thence North along the East line thereof 660
feet to a point, run thence west 623.9 feet to
a point on the East line of State Highway #201
run thence South along the East line of said
Highway, 990 feet to a point, run thence East
616 feet to a point, run thence North 330 feet
to the point of beginning, containing 14.4
acres, more or less.
WHEREAS, after due notice as required by law, the City Council
of the City of Mountain Home, Arkansas, has heard all persons desiring
to be heard and has ascertained that said Petition was signed by persons
owning the real property above described,
NOW, THEREFORE, be it ordained by the City Council of the City
of Mountain Home, Arkansas that the above described property be rezoned
to Commercial C-2.
Passed and Approved this 8th day of May, 1972.
/ City Clerk
ORDINAl\JCENO. 306
ORDINANCE Al~ENDING ORDINANCE NO. 163

HOME, ARKANSAS, RELATIVE TO CHAl\lGING
AREA ZONED AS RESIDB~TIP~ R-l to R-2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS

That a proper petition was filed by a property owner requesting a
ichange in zoning; that said petition was submitted to the Planning
Commission of the City of i~ountain Home, Arkansas; that notice of said
IT IS THEREFORE OF-DAINED BY THE CITY Ca.JNCIL OF MOUNTAIN HOME, ARKPNSAS:

hereby changed in zoning from Residential R-l to R-2.
From the SE corner of Section 8, Township 19 North, Range 13

West, go North 15 30' 15" East a distance of 1439.96' to a
point on the West Right of Way line of US Hwy. 62 and cen-
ter line of School Access Road; thence go North 26 10' East
a distance of 30.0'; thence go a distance of 300.0' in a NW
direction along the North Right of Way line of Access Road
to the point of beginning; thence continue along Right of Way
line a distance of 1731.0' to a point on Right of Way, thence
go North 72 45 45" East a distance of 179.75', thence go
11
North 32 15' 22" East a distance of 479.15' to Concrete Marker

near old fence line, thence go North 32 15' 22" East of
distance of 32.52' to a point in cent~ line of Dodd Creek,
thence go South 71 25' 2' 0" East a distance of 183.85'
thence go North 58 54' 40" East a distance of 136.75', thence
go South 60 09' 40" East a distance of 175.10', thence go
South 75 19' 20" East a distance of 89.75', thence go South
79 20' East a distance of 269.75', thence go South 54 34' 30"
East a distance of 270.8', thence go South 38 38' 10" East
a distance of 399~0' thence go South 31 30' West a distance of
204.75' to the point of beginning, being a part of the Nif~i of the
S!i'J:t
of Section 9, Township 19 North, Range 13 West, and part,
of the N~ of the Sci of Section 8, Township 19 North, Range 13
West, and containing 10.0 acres, more or less.
ENACTED THE 8th day of May, 1972, AND DECLARED EFFECTIVE FROM PND
PETER ITS PASSAGE.
APPROVED:
'
!vlayor //
if
lHTEST:
City Cl~rk
'N ORDINft~CE PROVIDING FOR THE REGULATION OF THE SUBDIVISION
o PROPERTY WITHIN THE CITY OF NDUNTAIN HOME, ARKANSAS, AND
W THIN A FIVE MILE RADIUS OF THE BOUNDS THEREOF, REPEALING
OR NA~CES IN CONFLICT THEREWITH; AND FOR OTHER PURPOSES.
ORDA ~ED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, A&~PNSAS:
Section I: There is hereby adopted by the City Council of the City
of Moutain Home Arkansas, for the purpose of establishing rules and
regulations with regard to the subdividing of real property within the
City of Mountain H me, Arkansas, and within a radius of five miles of the
bounds thereof, a co e of subdivision regulations prepared by the North-
west Economical Devel ment Departme~ Inc. for the City of Mountain Home
Arkansas , captioned "Su division Regulations, Mountain Home, Arkansas"
dated November 1971, of w,ich not less than three copies have been filed
in the office of the City 1erk of the City of Mountain Home, Arkansas,
and the same is hereby adopt d and incorporated as fully as though set
out at length herein, ward for word, and from the date on which this
Ordinance shall take effect the provisions thereof shall be controlling
in all ma tters regu La ted thereby "i thin the corporate limits of the Ci ty of
Mountain Home, Arkansas, and within five miles of the bounds thereof.
Section 2: Nothing in this Ord'nance or in the Code herein
adopted shall be construed to effect a suit or proceeding now pending
in any Court, any rights acquired, or Ii incurred, nor cause or
causes of action accrued or existing, any Act or Ordinance repealed
hereby. Nor shall any right or remedy of a y character by lost, impaired,
or affected by this Ordinance.
Section 3: The invalidity of any or provision of this
Ordinance or of the Code hereby adopted shall n t invalidate any other
sections or provisions of this Ordinance or of tHe said Code.
Section 4: All Ordinances or parts in force at the
time that this Ordinance takes effect and are
hereby repealed.
Section 5: The Council having determined tnt the regulations
determining the subdivision of property within the City f Mountain Home,
Arkansas, and within five mi1esof the bounds thereof are 'fadequate;
and that the preservation of the health and safety of the ~ty, and the
orderly growth thereof, would be detrimentally affected oth~wise, the
Council determines that an emergency exists and that this or~nance shall
have full force and effect from and after i~., ~~7l/~
.. ap?~aL",
PASSES June 12th, 1972 ,y,,(y-, I_--d/~--<r!,*// J
<>, '-..,' lvlayor
City Clerk
~. ~~L<l1
I
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR STREETIMPROVEMENTS AND

OFF-STREET PARKING FACILITIES IN THE CITY OF MOUNTAIN
HOME, ARKANSAS;PROVIDING FOR THE ISSUANCE OF MUNI-
CIPAL STREET AND PARKINGREVENUE BONDS; PROVIDING FOR
THEIR PAYMENT; PRESCRIBING OTHER MATTERSRELATING
THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Mountain Home, Arkansas (the "City"), as
authorized by Act No. 468 of the Acts of Arkansas of 1949, as amended ("Act
No. 468 "), ha s , by Ordinance No. 299, pa s sed and approved March 27, 1972
("Ordinance No. 299 "), created the Mounta in Home Mun ic ipa l Parking Autho-
r lty (the "Parking Authority"); and
WHEREAS, the Parking Authority has formulated and presented to the
City Council a master plan of autornob i.Ie parking facilities in the City; and
WHEREAS, the Parting Authority and the City Couric ll have determ ined
that there is an immediate necessity for additional off-street parking facilities
and street improvements to provide the inhabitants of the City and visitors with
adequate street and parking fac ll it te s to insure their safety and welfare; and
WHEREAS, the Ci ty does not have the necessary funds for the con-
struct io n of the street improvements and the off-street parking fac ll it ie s , but
can obtain the needed funds by issuing MunicJpalS!r-~~Li?!1clPClrkJJ19 __

RE'3vel11::l:~
BOJ1jJ?_
~-
(the "bonds") under the provisions of Act No. 317 of the Acts of Arkan-
sa s of 1967, as amended ("Act No. 317"); and
WHEREAS, the estimated cost of constructing the needed street improve-
ments and acquiring sites and rights-of-way for and constructing off-street
parking facilities, paying necessary expenses incidental thereto, mak ln.j any
needed provision for interest on the bonds during and after construction, funding
a debt service reserve and paying the expenses of issuing the bonds (the "Street
and Parking Project") is $450,000; and

Page 2
WHEREAS, the Parking Authority and the City have made arrangements
for the sale of the bonds to Peoples Bank & Trust Company and First Nat io nal
Bank & Trust Co. of Mounta in Home, both of Mounta in Home, Arkan sa s (the
"purcha sers "), at a price of par and accrued intere st for bonds bearing intere st
at the rate of 5% per annum;
of Mounta in Home, Arkansa s:
Section 1. That the Street and Parking Project be accomplished. The
a cqui s it ion of land, execution of contracts and the taking of all other action
necessary therefor are hereby authorized.
Section 2. That the bonds are hereby sold to the purcha sers at a prtc e
of par and accrued interest for bonds bearing interest at the rate of 5% per annum.
Section 3. That under the authority of the Constitution and laws of the
State of Arkansas, including particularly Act No. 317, municipal street and park-
ing revenue bonds are hereby authorized and ordered issued in the principal
amount of $450,000 for the purpose of financing the cost of the Street and Parking
Project. References in this Ordinance to the unqualified word "bonds" shall,
unless the context requires otherwise, be deemed references to the permanent
bonds authorized by thi s Section 3 and not to the temporary bonds authorized
by Sectlon 5 (b) . The bonds shall be dated Au~ust I, 1972, shall be in the denomi-
nation of $1, 000 each r shall be numbered from 1 to 450, inclusive, and shall _
bear interest at the rate o'f 5% per annum. Interest shall be payable semiannually
on February 1 and August 1 of each year, commencing February 11 1973. Payment
of principal and payment of Int ere st , when evidenced by coupons I shall be made
on presentation of the bond or proper coupon at the principal office of the Paying
Agent. Payment of Intere st , when registered as to Intere st , shall be by check
or draft mailed to the registered owner at the address shown on the bond registra-
tion book of the City maintain by the Paying Agent. The bonds shall be negotiable
coupon bonds payable to bearer but subject to registration as to principal or as
to principal and Intere st , and shall mature on August 1 in each of the years 1973
to 1992 I inclu sive, a s hereinafter set forth.

Page 3
Sectlon 4. That the bonds shall be executed on behalf of the City by
the Mayor and Clty Clerk and shall have impressed thereon the seal of the City.
The bonds may be executed by the fac s lrn iIe signature of the Mayor and the interest
coupons attached to the bonds shall be executed by the facsimlle signature of the
Mayor, with the facsimlle signature of the Mayor to have the same force and effect
as if personally signed by him. The bonds must be executed by the manual signa-
ture of the Cl ty Clerk. The bonds, together with interest thereon, shall be
payable solely out of the 1972 Municipal Street and Parking Revenue Bond Fund
(the "Bond Fund") as hereinafter set forth , and shall be a valid claim of the
holders thereof only against the Bond Fund and the revenues pledged to the Bond
Fund, which revenues are hereby pledged and mortgaged for the equal and ratable
payment of the bonds and interest coupons and shall be used for no other purpose
than to pay the principal of and interest on the bonds. The bonds and interest
thereon shall not constitute an indebtedness of the City within any constitutional
or statutory ltmttetton .
Section 5. (a) That the permanent bonds and coupons shall be in
sub stanttal ly the following form and the Mayor and City Clerk are hereby
expressly authorized and directed to make all recitals conte lned therein:
STATE OF ARKANSAS
COUNTY OF BAXTER
5% MUNICIPAL STREETAND PARKINGREVENUE BOND
No. _
KNOW ALL MEN BY THESE PRESENTS:
That the City of Mounta in Home, in the County of Baxter, State of
Arkansa s ("C ltv"}, acknowledge s itself to owe, and for value received, hereby
promises to pay to bearer I or if this bond be registered to the registered owner
hereof I solely from the special fund provided a s hereinafter set forth I the principal
sum of
ONE THOUSAND DOLLARS
in lawful money of the United States of America on the first day of August,
19_ 1 and to pay solely from the special fund interest hereon at the rate of
five per cent (5%) per annum from date I semiannually on February 1 and August 1
of each year I commencing February I, 19731 upon presentation and surrender
of the annexed coupons a s they severally become due. Payment of principal
and payment of interest evidenced by coupons shall be made upon presentation
of the bond or appropriate coupon at the principal office of Flr st National Bank
& Trust Co. of Mountain Hamel Mountain Home, Arkansas {the "Paying Agent").
Payment of inter e st , when reg istered a s to interest, shall be by check or draft
to the registered owner at his address shown on the bond registration book
maintained by the Paying Agent.
This bond is one of an issue of four hundred fifty (450) bonds aggre-
gating Four Hundred Flfty Thousand Dollars ($450,000) I dated August 11 1972 I
all of like tenor and effect I except a s to number, maturity and right of prior
redemption (the "bonds "), issued for the purpose of financing the cost of
street improvements and off-street parking facllitie s (" Street and Parking Proj ect ")
in the City I paying necessary expenses incidental thereto I making any needed
provision for interest on the bonds during and after construction I funding a debt
service reserve and paying the expenses of issuing the bonds.

Page 5
The bonds are issued pursuant to and in full compliance with the Con-
st itut lori and laws of the State of Arkansas, including particularly Act No. 317
of the Acts of Arkansas of 1967, as amended, and pursuant to Ordinance No.
______ of the City, duly adopted and approved on the day of
______ , 1972 -(the "Authorizing Ordinance"), and do not constitute an
indebtedness of the City within any constltutional or statutory limitation. The
bonds are not general obligations of the City but are special obligations payable
solely from and secured by a pledge of (1) net revenues derived from the operation
of the parking facilities acquired and constructed from the proceeds of the bonds
and (2) that amount of net revenues derived from parking meters throughout the
~ ---'
City neces sary , together with net revenues derived from the operation of the
------------
parking-~-f§cJUties
,----- -- ,,-" ..
constructed from the proceeds of the bonds, to insure the
prompt payment of the principal of and interest on the bonds, all a s specified
in deta il in the Authorizing Ordinance. The City ha s covenanted and agreed
to maintain rates and charges for the use of the off-street parking facilities
which shall be sufficient at all times, together with other ava ilable revenues,
to at least provide for the operation and maintenance expenses of the off-street
parking facilities, to provide for the prompt payment of the principal of and
interest on the bonds as the same become due, to make the required deposit
into theDeprectat ion Fund and to maintain the debt service reserve at the
parking meter SgsQreYE:lnu.epro_clllcLI1gllI}cl§!:ta~lI}g_sQ longg s any otthe £9Il9:§ ..

----"--_ _------ .. -
are
---._-,
...
Qutstanding.
- --"
_-,,----_. -.... .. •.. ;:;:::::::-- .. -~:::-~--
A sufficient amount of the pledged revenues to provide for
the prompt payment of the principal of and interest on the bonds is to be duly
set aside in a special fund designated "1972 Municipal Street and Parking
Revenue Bond Fund" created by the Authoriz inq Ord inance. Reference is hereby
made to the Authorizing Ordinance for a deta lled statement of the nature and
extent of the security and of the rights a nd obligations of the C ity , the Tru stee
and the bondholders.

Page 6
The bonds are 'subject to redemption prior to maturity in inverse
numerical order, at a price of par and accrued interest, a s follows: From
available surplus of the pledged revenues, as defined in the Authorizing
Ordinance, or from the proceeds of the bonds not needed for accomplLsh ing
the Street and Parking Proj ect, on any intere st paying date; from funds from
any source on any interest paying date on and after August I, 1977. Notice
of redemption shall be publLshed one time in a newspaper published in the
City of Little Rock, Arkansas, and having a general circulation throughout
the State of Arkansas, with the,pubHcation to be at least fifteen (15) days
prior to the redemption date. In addition, notice of redemption shall be rnail ed
by registered or certified mail to the registered owner of any bond registered
as to principal or as to principal and interest, addressed to such registered
owner at his registered address and placed in the mails not less than fifteen
(15) days prior to the redemption date. In the event that all of the bonds are
registered as to principal and interest, not ice by registered or certified mail
to the owner or owners thereof shall be sufficient and publLshed notice of
redemption need not be given. Each notice shall specify the numbers and
maturities of the bonds be ing redeemed. After the date fixed for redemption,
each bond called for redemption shall cea se to bear interest, provided funds
for its payment are on deposit with the Paying Agent at that time.
This bond may be registered a s to principal or a s to principal and
interest and may be discharged from such registration Irithe 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 tmpa lr the negotiabilLty of
this bond and this bond shall be deemed a negotiable instrument under the law
of the State of Arkansas and is issued with the intent that the laws of the State
of Arkansa s will govern its construction.

Page 7
This bond shall not be vaHd u nt il It shall have been authenticated by
the Certificate hereon duly signed by Peoples Bank & Trust Company, Mountain
Home, Arkansas (the "Trustee").
IT IS HEREBYCERTIFIED RECITED AND DECLAREDthat all acts,

I cond t-
Hans and things required to exist, happen and be performed precedent to and in
the issuance of the bonds have existed, have happened and have been performed
in due time, form and manner a s required by law; that the indebtedne s s repre-
sented by the bonds does not exceed any con st ltut lona l or statutory l lmltat ion:
and that sufficient revenues have been pledged to and will be set aside into the
special fund provided in the Authorizing Ordinance for the purpose of paying the
principal of and interest on the bonds.
IN WITNESS WHEREOF, the City of Mounta in Harre, Arkansa s , by its
City Counc l.l has caused this bond to be signed by the facsimile signature of
the Mayor and by the manual signature of the City Clerk, and to be sealed with
the seal of the Cj.ty , and has caused the coupons hereto attached to be signed
by the facsimile signature of the Mayor, all as of the first day of August, 1972.

ATTEST:
By (Facsimile signature)
~ Mayor
City Clerk
(SEAL)
Page 8
(Form of Coupon)
No. $ _
February,
On the first day of August, 19_, the C tty of Mounta in Home,
Baxter County, Arkansa s , unless the bond to which thl s coupon is attached
is pa ld prior thereto ,- hereby promises to pay to bearer, solely out of the
special fund specified in the bond to which this coupon is attached,
______________ DOLLARS
in lawful money of the United States of America, at the principal office of
First National Bank & Trust Co. of Mountain Home, Mountain Home, Arkansas,
being six (6) months' interest then due on its Municipal Street and Parking
Revenue Bond, dated Atagust I, 1972, and numbered _
"By (facsimile signature)

Mayor
(On each bond shall appear the following:)
CERTIFICATE
This is one of an issue of bonds" of the City of Mounta in Home, Arkan-
sa s , described herein aggregating $450,000, all of like tenor and effect, except
a s to number, maturity and right of prior redemption.
PEOPLES BANK & TRUST COMPANY

Mountain Home, Arkansa s
By _
Page 9
This bond may be registered as to principal on the registration book
of the City, maintained by the Paying Agent 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 thereafter be transferred only
upon an assignment duly executed by the registered owner or his attorney or
legal representative in such form as shall be satisfactory to the Bond Registrar,
such transfer to be made on such book and endorsed hereon by the Bond Registrar.
Such transfer may be to bearer, and thereafter transferability by delivery shall
be restored, but this bond shall again be subject to successive registrations and
transfers as before. The principal of this bond, if registered, unless registered
to bearer I shall be payable only to or upon the order of the registered owner or
his legal representative. Interest accruing on this bond will be paid only on
presentation and surrender of the attached interest coupons as they respectively
become due, and notwithstanding 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

e-
~
shall be surrendered to the Bond Registrar, a statement to that effect will be
endorsed hereon by the Bond Registrar and thereafter interest evidenced by such
surrendered coupons will be paid by check or draft at 'the times :provided herein to
the registered owner of this bond by mail to the address shown on the registration
book. This bond when so converted into a bond registered as to both principal and
interest may be reconverted into a coupon bond at the wr itt en request of the regis-
tered owner and upon presentation at the office of said Bond Registrar. Upon such
Page 10
reconversion the coupons representing the interest to become due thereafter to
the date of maturity will again be attached to this bond and a statement will be
endorsed hereon by the Bond Registrar in the registration blank below whether
it is then registered as to prtncrpal or payable to bearer.
·.- .: _ Mariner of Signature of

Date of Registration Name of Registered Owner Registration Bond Registrar
.·.
, '-0 ·
; . -. . ..,· .-, . . . , • ,eo · . , . .
,.
·
.e. " ..•.•.. • ,
· r r>:: , • • • • ,
. . . -. , . .... .... ... ,

·.. ",_. . ..,. ~ , . . . , . ".
, . ... . . . ..
." . , . . . . . ..~
/
Page 11
(b) Pending the preparation and dellvery of the permanent and d ef lnit lve
bonds here inabove authorized { temporary bonds in the aggregate principal amount
of not to exceed $350 {OOOmay be issued for the purpose of providing funds
immediately needed for the Street and Parking Project and in anticipation of the
issuance of such permanent and def in it lv e bonds. The temporary bonds shall
be in such denomination a s the Mayor and City Clerk shall determine f be dated
the date of delivery f bear interest at the rate of 5% per annum and be payable
on or before December 31 f 1972. Upon delivery of the permanent and definitive
bonds f the temporary bonds f to the extent then outstanding f with accrued
interest { shall be exchanged for f or pa id from the proceeds of f the permanent
and def in it ive bonds and shall be canceled. The temporary bonds shall be
typewritten and shall be in substantially the following form and the Mayor and
City Clerk are hereby expressly authorized and directed to make all recitals
contained therein:
Page 12

STATE OF ARKANSAS
COUNTY OF BAXTER
5% TEMPORARYMUNICIPAL STREETAND PARKINGREVENUE BOND
No. _ $_-
That the City of Mountain Horne , Baxter County, Arkansas (the "City")
acknowledges itself to owe, and for value received, hereby promises to pay to
at its office in the City of Mountain Home, Arkanse s , or assigns, the principal
sum of
_____________ DOLLARS ($ .
on December 31, 1972, plus interest hereon from the date hereof at the rate of
five percent (5%) per annum, payable on December 31, 1972.
This bond is one of an issue of temporary bonds in an aggregate pr irr-
cipal amount of not to exceed $350, 000 issued for the purpose of providing funds
immediately needed in the financing of street improvements and off-street
parking facilities in the City ("Street and Parking Project") and in anticipation
of the issuance of permanent and definitive bonds to finance the Street and
Parking Project, pay necessary expenses ine iderita l thereto, make any needed
prov is ion for intere st on the permanent and definitive bonds during and after
construction, fund a debt service reserve and pay the expenses of issuing
the permanent and definitive bonds. The temporary bonds and the permanent
and definitive bonds are issued under the authority of Ordinance No. of
the City, passed and approved on the day of , 1972 (the
"Authorizing Ordinance "). The temporary bonds are not general obligations of
the City but are special obligations payable from the pledged revenue s , as
Page 13
defined In the Authorlzing Ordinance, and from a pledge of the proceeds of
the permanent and definitive bonds. The Ci ty covenants and agrees that
on or before the maturity date hereof, th l s and other such temporary bonds,
to the extent then outstandlng, with accrued interest, shall be exchanged for,
or paid from the proceeds of, such permanent and definitive bonds.
This bond may be redeemed at any time prior to maturity, from funds
from any source, at a price of par and accrued .lritere st to date of redemption
upon ten (10) days prior written notice by first class mail to the owner hereof.
This bond shall not be valid until it shall ha ve been a uthentica ted
by the Certificate hereon duly signed by Peoples Bank & Trust Cornpany ,
Mountain Home, Arkansas (the "Trustee").
IT IS HEREBYCERTIFIED, that all condlt lon s , acts and things required
to exist, to have happened and to have been performed precedent to and In
the issuance of this bond do exlst,' have happened and have been performed in
due time, form and manner.
IN WITNESS WHEREOF, the Cl ty of Mountain Home, Arkansas, has
caused th is bond to be signed by the Mayor and City Clerk and sealed with the
corporate seal on this day of , 1972.

ATTEST:
By _
Mayor
City Clerk
(SEAL)
(On each bond shall appear the following:)
CERTIFICATE
This is one of an issue of temporary bonds of the City of Mountain
Home I Arkansas I described herein aggregating not to exceed $ 350 000.

I
PEOPLES BANK & TRUST COMPANY

Mountain Home, Arkansa s
By _
Page 14
Section 6. That the City covenants and agrees that it will at all times
while any of the bonds are outstanding operate the off-street parking fac il it le s
as a revenue producing undertaking and that it will fix and collect rates and
charges for the use of the off-street parking facilities, including the increasing
of the same from time to time as necessary, which will produce revenues at
least sufficient, together with other available revenues, to make the required
depo sits into the Operation and Ma intenance Fund, the Bond Fund (including
any deposits necessary to maintain the debt service reserve at the required
level) and the Depreciatlon Fund in accordance with the subsequent provisions
of this Ordinance.
The City also covenants and agrees that it will at all times while
-
any of the bonds are outstanding operate
.. ..
its parklD-9_melers a s a revenue
-~'~"---"~'~-~"--~'-'--'~'-".--,,~---.---
producing undertakIng.
Section 7. That all moneys received from the operation of the off-
street parking facilities shall be deposited (in accordance with the subsequent
provisions hereof) in such depository or depositories for the City as may be
lawfully designated from time to time by the City CouncU, provided that such
depository or depositories shall hold membership in the Federal Deposit
Insurance Corporation. All deposits shall be designated so as to indicate the
particular fund to whch the revenues be lonq > Any deposit in any fund in excess
of the amount insured by the Federal Deposit Insurance Corporation must be
secured by bonds or other direct or fully guaranteed obligations of the United
States of America.
Section 8. Street and Parking Proj ect Fund. All revenue s derived from
the operation of the off-street parking facilities shall be deposited in a special
fund, which is hereby created and designated "Street and Parking Project Fund."
The revenues in the Street and Parking Proj ect Fund are hereby pledged ..s nd shall
be applied a s hereinafter set forth.

Page 15
Section 9. Street and Parkinq Project Operation and Maintenance Fund.
There shall be pa id from the Street and Parking Project Fund into a fund which is
hereby created and des ignated "Street and Parking Proj ect Operation and Main-
tenance Fund" (the "Operation and Ivlaintenance Fund") on the first business
day of each month the amount necessary for the operat iori and maintenance of
the off+s tre et parking facilities for that month. Moneys in the operation and
maintenance fund shall be used to pay the monthly expens es of operation I repair
and maintenance of the off-street parking facllitles. Fixed annual charges such
a s insurance premiums and the cost of major repa ir and rnaintenance expenses
may be computed and set up or: an annual ba s is I and one-twelfth (1/12) of the
amount thereof may be pa id into the Operatlon and Ma intenance Fund each
month.
If in any month for anyreason there shall be a deficiency in the
amount deposited into the Operation and Maintenance Fund I the amount of such
deficiency shall be added to the amount otherwis e required to be transferred and
paid into said Fund in the next succeeding month. If in any fiscal year a surplus
shall be accumulated in the Operation and Maintenance Fund which shall be in
excess of the cost of maintaining and operating the parking facilities during the
next twelve (12) months I any such excess shall be transferred to the Bond Fund;
provided I however I that any such transfer into the Bond Fund shall be in addition
to all other payments required to be made into the Bond Fund.
Section 10. 1972 Street and Parking Project Revenue Bond Fund.
(a) Mter making the required deposit in the Operation and Maintenance Fund I
there shall be deposited from the Street and Parking Project Fund into a special
fund which is hereby created and designated "1972 Street and Parking Project
Revenue Bond Fund" (the "Bond Fund "L the sums in the amount and at the times
hereinafter stated in Subsection (b) for the purpose of providing funds for the
payment of the principal of and interest on the bond s and the tru stee' sand
paying agent's fees I a s they become due in accordance with the following
schedule:
Page 16
INTEREST
YEAR BOND NOS. PRINCIPAL FEBRUARY 1 AUGUST 1 TOTAL
1973 1 - 13 $13,000 $11,250 $11,250 $35,500

1974 14 - 27 14,000 10,925 10,925 35,850
1975 28 - 42 15,000 10,575 10,575 36,150
1976 43 - 58 16,000 10,200 10,200 36,400
1977 59 - 74 16,000 9,800 9,800 35,600
1978 75 - 91 17,000 9,400 9,400 35,800
1979 92 - 109 18,000 8,975 8,975 35,950
1980 110 - 128 19,00P 8,525 8,525 36,050
1981 129 - 148 20,000 8,050 8,050 36,100
1982 149 - 169 21,000 7,550 7,550 36,100
1983 170 - 191 22,000 7,025 7,025 36,050
1984 192 - 214 23,000 6,475 6,475 35,950
1985 215 - 238 24,000 5,900 5,900 35,800
1986 239 - 264 26,000 5,300 5,300 36,600
1987 265 - 291 27,000 4,650 4,650 36,300
1988 292 - 319 28,000 3,975 3,975 35,950
1989 320 - 349 30,000 3,275 3,275 36,550
1990 350 - 381 32,000 2,525 2,525 37,050
1991 382 - 415 34,000 1,725 1,725 37,450
1992 416 - 450 35/000 875 875 36,750
Page 17
(b) There shall be pe id from the Street and Parking Project Fund into the
Bond Fund on the first business day of each month until all outstanding bonds,
principal and interest, have been paid, or adequate provision made for such
payment, a sum equal to one-sixth of the next installment of interest and one-
twelfth of the next installment of principal on all outstanding bonds, plus an
amount sufficient to provide for the trustee's and paying agent's fees as the same
become due. It is understood that an amount necessary to take care of interest
during construction of the off-street parking facilities may be withheld from the
proceeds of the bonds and that the required monthly deposits hereunder shall be
so made as to coincide with any such amount withheld with the end result of there
being on hand in the Bond Fund an amount sufficient to provide for the prompt pay-
ment of the Inter e st on the bonds a s the same become due. Payments for
trustee's and paying agent's fees shall be made from t ime to time prior to the time
such fee s are due.
(c) If for any reason the revenues in the Street and Parking Project
Fund shall at any time be insufficient to make the required payment on the first
business day of the following month into the Bond Fund I the amount of such
deficiency shall be added to the amount otherwise required to be transferred and
paid into the Bond Fund in the next succeeding month;
(d) There is hereby e stablf service reserve in the Bond
Fund in the amount of $20, 000. The debt service reserve is being in lt ia l ly funded-
out of the proceeds of the sale of the bonds I but if there are any expenditures
~------------=---->-
therefrom I in accordance with the provisions hereof. th..e.::.--':--.c--
-__s_:_ervicereserve
brought back to the required level as soon' a's possible from moneys
in the Street and Parking Proj ect Fund over and above the amounts required
for the deposits into the Operation and Mainte?ance Fund and the Bond Fund.
Expenditures shall be made from the debt service reserve only for tb~PllrPQ~e
of arid to the extent necessary to prevent a default in the payment of the

--------. ~~ ..
principal of and interest on the bonds.

------
--------. ------
......
- .. '.
.~-:
" .00."
.. ::
0,
~- :
Page 18
(e) When moneys in the Bond Fund, including the debt service
reserve, shall be and remain sufficient to pay the principal of and interest on
all bonds then outstanding and trustee's and. paying agent's fees, there shall
be no obligation to make any further payments into the Bond Fund.
(f) All moneys in the Dond Fund shall be used solely for the
purpose of paying the principal of and interest on the bonds and Paying
Agent's fe88 as the same become due except that if at any time there shall
be accumulated in the Bond Fund a surplus. i n excess of the amount necessary
to In sure the prompt payment of the principal of , interest on and trustee's and
payinc agent's fees in connection with the bonds as the same become due and
payable and to maintain the debt service reserve at the required level, such
surplus may be used, as the City shall determine, to redeem bonds prior to
maturity in the manner provided herein for redemption prior to maturity or may be
transferred to the Street and Parking Proj ect Fund.
(g) There shall be withdrawn from the Bond Fund at least five (5)
days before the maturity date of any bond or interest coupon issued hereunder
and deposited with the Paying Agent an amount equal to the amount of such bond
or coupon for the sale purpose of paying the same, together with the trustee's
and paying agent's' fees, and no withdrawals of fund s from the Bond Fund shall
be made for any other purpo se except in the C'a se of an accumulated surplus
which may be used as aforesaid. All deposits shall be at the sale risk of the
City and shall not operate as 'a payment of bonds or coupons until so applied.
(h) The bonds shall be specifically secured by a pledge of all
revenues required by this Ordinance to be placed into the Bond Fund. The
pledge in favor of the bonds is hereby irrevocably made according to the
terms of this Ordinance, and the City, the Parking Authority and the officers
and employees of the City and the Parking Authority shall execute, perform and
carry out the terms thereof in strict conformity with the provisions of this
Ordinance.
.. ,"..
.",:.--
', -" .. ...•..~.
"-. --.
Page 19
Section 11, Street and Pa.rkinq Project Depreciation Fund. After
making the required payments into the Operation and Iv1aintenance Fund and the
Bond Fund, there shall be paid from the Street and Parking Project Fund into a
fund which is hereby created and designated "Steet and Parking Project De-
preciation Fund" (the" Depreciation Fund"), on the first business day of the
month immediately following the month in which the off-street parking facilities
become revenue producing and continuing on the first business day of each month
thereafter while any of the bonds are outstanding, 3% of the revenues derived
from the operation of the off-street parking facilities. The moneys in the De-
preciation Fund shall be used solely for the purpose of paying the cost of re-
placements made necessary by the depreciation of the off-street parking facilities
except if at any time the amount of moneys on deposit in the Bond Fund shall be
insufficient to pay the principal of and interest on the bonds as the same become
due I moneys in the Depreciation Fund shall be used to the extent neces sary to
cover any such deficiency.
If in any fiscal year a surplus shall be accumulated in the
Depreciation Fund over and above the amount necessary to defray the cost
of the probable replacements during the next twelve (12) months 1 such surplus
may be transferred and paid into the Bond Fund: provided I however I that such
payments into the Bond Fund shall be in addition to all other payments here-
inbefore required to be made into the Bond Fund.

Page 20
Section 12. Any surplus in the Street and Parking Proj ect Fund after
making all required deposits into the other Funds (as specified in Sections 9 r
10 and 11 hereof) may be used I at the option of the City r for the redemption.
of bonds prior to maturity or for any lawful purpose.
Section 13. That the City hereby expressly pledges r and covenants
to use net parking meter revenues to the extent, and only to the exterit , that
I
--------------~-~"--~---"-- -- -"--""
such revenues may be required, together with revenues derived from the off-
street parking facilities r to make all required deposits under this Ordinance
into the Bond Fund in accordance with the provisions of this Ordinance. "Net
parking meter revenues" are defined as those revenues from parking meters
throughout the City remaining after all reasonable and proper expenses of
operation and maintenance of the parking meters have been paid or provided
for. All revenues derived from parking meters not required for the purpose
aforesaid shall be released from this pledge (subject to the subsequent pro-
visions hereof) and may be used by the City for- any lawful purpose. If, at
any time r it appears the net revenues derived from parking meters will be
needed to insure the prompt payment of the principal of and interest on the
bonds as the same become due r as reasonably determined by the Trustee on
the ba si s of projected revenues from the off-street parking facilities and ex-
penditures thereof required by the provisions of this Ordinance r the Trustee
shall notify the City of such need and of the amount determined by the Trustee
that will be needed. Thereafter and until notified by the Trustee to the contrary r
the City shall deposit in the Bond Fund the amounts from net parking meter
revenues so specified in the notice from the Trustee to the City.
these bonds are outstanding continue to 'collect net parking meter revenues in
at least the amount necessary to enable the City to discharge its obligations
set forth in this Section 13 and in this Ordinance.

Page 21
For all purposes hereunder the required amount of net parking meter
revenues to satisfy the piedge in favor of these bonds shall be considered
part of the II pledged revenues, II or revenues pledged to these bonds I for
purposes of Section 21 and all 'other sections and provisions of this Ordinance.
.Seoti.on 14. That it is hereby covenanted and agreed by the City with
the holders of the bonds that the City will faithfully and punctually perform
all duties with reference to the parking facilities and the pledged revenues
required by the Constitution and Laws of the State of Arkan s a s and by this
Ordinance ( including the, charging and collecting of sufficient rates and cherries
for the use of the parking facilities and parking meters, as herein specified and
covenanted r the segregating of the pledged revenues and the applying of the
pledged revenues to the respective Funds created hereby.
Section 15. That the bonds shall be subject to redemption prior to
maturity in the manner and in accordance with the terms set out in the Bond Form.
Section 16. That the City will keep or cause to be kept proper
books of accounts and records (separate from all other accounts and records) in
which complete and correct entries shall be made of a Il transactions relating to
the off-street parking facilities and the parking meters in the City and the opera-
tion thereof, and such books shall be available for inspection by the holder of
any of the bonds at reasonable times and under-reasonable circumstances. The
City agrees to have these records audited by an independent- certified public

-
accountant at least once each year I and a copy of the audit shall be delivered
to the Trustee and made available to interested bondholders. In the event the
City fails or refuses to make the audit I the Trustee I or any holder of the bonds
in the event the Trustee fails to do s a I may have the audit made and the cost
thereof shall be charged against the Operation and Maintenance Fund.
Section 17. That the City covenants and agrees that the off- street
parking facilities and parking meters will be maintained in good condition and will
be operated in an efficient manner and at reasonable cost. While any of the bonds
Page 22
are outstanding, the City agrees that it will insure and at all t irre s keep insured,
in the amount of the full insurable value, in responsible insurance corripani e s auth-
orized and qualified under the laws of the State of Arkansas to ass ume the risks, the
properties of the off-street parking facilities to the extent that such properties
would be covered by insurance by private companies engaged in similar types of
operations, against loss- or damage from fire I and other risks covered by the
standard extended coverage endorsement in effect in Arkansas. The insurance
policies are to carry a clause making them payable to the Trustee as its interest
may appear, and are either to be placed in the custody of the Trustee or a satis-
factory certificate shall _befiled wi th the Trustee. In the event of los s, the pro-
ceeds of such insurance shall be applied solely toward the reconstruction, re-
placement or repair of the off-street parking facilities, and in such event, the
City wi l l , with reasonable promptness I cause to be commenced and completed
the reconstruction and repair work. If such proceeds are more than sufficient
for such purposes, the balance.remaining shall be deposited to the credit of
the Bond Fund and if such proceeds shall be insufficient for such purposes, the
insufficiency shall be supplied, first, from moneys in the Depreciation Fund,
se cond , from moneys in the Operation and Ma inte nance Fund, and third, from
surplus moneys in the Street and Parking Project Fund. Nothing herein shall be
construed as requiring the City to expend any funds for operation and maintenance
of the off-street parking facilities or for premiums on insurance other than the
pledged revenues I but nothing herein shall be construed as preventing the City
from doing so.
Section 18.' That the City covenants and agrees that so long
as any bonds authorized hereby are outstanding I it will not mortgage, pledge,
or otherwise encumber the off-street parking facilities I or any part thereof I or
any revenues derived therefrorn , except as may be expressly authorized by this
Ordinance, and will not sell,\,lease or otherwi§.~gJ.sP_QSJ~~~QtclDY

substantial
. ---- _., --. - \~;...;..--~--.-..~--.---.-.•.
portion of the same without the prior written approval of the Trustee.
Page 23
Section 19. (a) That if there be any default in the payment of the
pr i nc ipa l of and interest on any of the bonds, or if the City defa ult s in any
Bond Fund requirement or in the performunce of any other covenant contained in
this Ordinunce, the Trustee may, and upon the written request of the holders
of not less than ten per cent (10%) in principal amount of the bonds then out-
stunding s ha l l J by proper suit compel the performance of the duties of the officials
of the City under the Constitution and laws of the Stute of Arkansas and under this
Ordinance. And, in the case of default in the payment of the principal of and
interest on any of the bonds, the Trustee may, and upon the wr itt.e n request of
holders of not less than ten per cent (l0%) in principul amount of the bonds then
outstunding s ha l I apply in a proper action to a Court Of.competent j ur i sd ict ion
for the appointment of a receiver to administer the off-street parking facilities
and the parking meters on beha1f of the City and the bondholders with power to
charge and colle ct (or mandatory unction or otherwise to ca use to be charged
and collected) rates and charges sufficient to provide for the payment of the
bonds and interest thereon and for the payment of operation and maintenance
expenses and to apply the revenues and income in conformity with the applicable
laws of the State of Arkansas and with this Ordir.a nee. Whe n all defa ul ts in prin,.-
cipal and interest payment have been cured, the custody and operation of the
off-street parking facilities and parking meters shall revert to the City.
(b) No holder of any bond shall have any right to institute any suit,
action, mandamus or other proceeding in equity or in law for the protection or
enforcement of any right under this Ordinance or under the Constitution and laws
of the State of Arkansas unless such holder previously shall have given to the
Trustee written notice of the default on account of which such suit, action or
proceeding is to be taken, and unless the holders of not less than ten per cent
(10%) In principal amount of the bonds of this Is sue then outstanding shall have
Page 24
made written request of the Trustee after the right to exercise such powers or
right of action I as the case may be I shall h av e accrued, and shall hav e afforded
r
the Trustee a reasonable opportunity either to proceed to exercise the powers
herein granted or granted by the Constitution and Iaws of the State of Arkansas [
or to institute such action [ suit or proceeding in its name I and unless I also I there
shall have been offered to the Trustee reasonable security and indemnity against
the cost, expenses and liabilities to be incurred therein or thereby and the
Trustee shall have refused or neglected to comply with such request within a
reasonable time / and such notification I request and offer of indemnity are
hereby declared in every such case [ at the option of the Trustee / to be. conditions
precedent to the execution of the power's and trust of this Ord mzinoe or to any
other remedy hereunder. It is understood and. intended that no one or more
holders of the bonds hereby secured s ha l l have any right In any mariner what-
ever by his or their actton to affect, disturb or prejudice the security of this
Ordinance I or to enforce any right hereunder except in the mariner herein provided [
that al l proceedings at law or in equity shall be instituted I had and maint ain ed in
the manner herein provided and for the benefit of all holders of the outstanding
bonds and coupons I and that any individual rights of action or other right given
to one or more of such holders by law are restricted by this Ordinance to the rights
and remedies herein provided.
(c) That all rights of action under this Ordinance or under any of
the bonds secured hereby r enforceable by the Trustee, may be enforced by it
without the possession of any of the bonds or coupons appertaining th ereto , and
any such suit [ action or proceeding instituted by the Trustee shall be brought
in its name and for the benefit of all the holders of the bonds and coupons [
subj cct to the provision of this Ordinance.
(d) That no remedy herein conferred upon or reserved to the Tr1.1

stee
or to the holders of the bond s is intended to be exclusive of any other remedy
or remedies herein provided [ and each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or given by any
law or by the Constitution of the State of Arka» sas .

Page 25
(e) That no delay or omission of the Trustee or of any holders of the
bonds to exercise any right or power accrued upon any default shall impair any
such right or power or shall be construed to be a waiver of any such default or
an acquiescence therein, and every power and remedy given by this Ord.ina nce
to the Trustee and to the holders of the bonds I respectively, may be exercised
from time to time and a s often as maybe deemed expedient.
(f) That the Trustee may r and upon the written request of the holders
of not less than ten per cent (10%) in principal amount of the bonds then out-
standing shall waive any default which shall have been remedied before the
entry of final judgment or decree in any suit I action or proceeding instituted
under the provisions of this Ordinance or before the completion of the enforce-
ment of any other rerriedy , but no such wa i ver shall extend to or affect any other
existing or any subsequent default or defaults or impair any rights or remedies
cons equent thereon.
Section 20. (a) Money s held for the credit of any fund (other than the
debt service reserve) may I at the option of the City I be invested and reinvested
pursuant to the direction of the City in direct obligations of I or obligations the
principal of and interest on which are unconditionally guaranteed by I the United
States of America, which shall mature 1 or which shall be subj ect to redemption
by the holder thereof 1 at the option of such holder I not later than the date or
dates when the moneys held for the credit of thE; particular fund wi l l be required
for the purposes intended as specified by the City.
(b) Moneys in the debt service reserve shall be invested and
reinve sted pursuant to the direction of the City in direct obligations of ,
or obligations the principal of and interest on which are unconditionally
guaranteed by I the United States of America 1 which shall mature 1 or which
shall be subject to redemption by the holder thereof at the option of such
holder I not later than ten (l0) years after the date of each such investment.
(c) Obligations so purchased as an in~estment of moneys in any such

Page 26
fund shall be deemed at all times to be a part of such fund and the interest
accruing thereon and any profit realized from such investments shall be credited
to such fund and any loss resulting from such investment shall be charged to such
fund.
Section 21. That as long as any of the bonds are outstanding r
the City shall not issue or attempt to is sue any bonds claimed to be entitled
to a priority of lien on the pledged revenues over the lien se cur i no the bonds
of this issue. Nothing herein shall prohibit the City from issuing additional
bonds secured by a .Ite n on, or pledge of, the revenues pledged to these bonds;
provided I however I the City shall not iss ue any such additional bonds ranking
on a parity with the outstanding bonds of this issue unless and until there shall
have been procured and filed with the Trustee a statement by an independent
certified public accountant not in the regular employ of the City recrtinc the
opinion based upon necessary investigation that the aggregate of (1) net revenues
of the off-street parking facilities (being gross revenues from the off-street park-
ing facilities less the amount required to pay the reasonable and proper costs of
operation, maintenance and repair of such facilities) and (2) net parking meter
revenues (hereinbefore defined), for the fiscal year immediately preceding the
fiscal year in which it is proposed to issue such additional bonds, equals not
less than 150% of the maximum annual principal and interest requirements, on all
of the then outstanding bonds which are secured by a pledge of revenues from
off-street parking facilities and from parking meters and the bonds then proposed
to be issued.
Section 22. That the off-street parking facilities, when constructed r
will be operated under the supervision and control of the Mountain Home Municipal
Parking Authority.
Section 23. That in the event the office of Mayor 1 City Clerk/ City
Council or Mountain Home Municipal Parking Authority shall be abolished / or
any two or more such offices shall be merged or consolidated / or in the event
Page 27
the duties of a particular office shall betransferred to another office or officer I
or in the event of a vacancy in any such office by reason of dea th , re s icnatton ,
removal from office or otherwi se I or in the event that such officer shall become
incapable of performing the duties of his office by reason of sickness I absence
from the City or othervvise I all powers conferred and all obligations and duties
imposed upon such office or officers shall be performed by the office or officer
succeeding to the principal function thereof I or by the office or officer upon whom
such powers / obligations and duties shall be imposed by law.
Section 24. That when the bonds herein authorized (temporary bonds
and permanent bonds) have been executed and the seal of the City impressed
as herein provided/ they shall be delivered to the Trustee/ and the Trustee shall
authenticate them and deliver them to the purchaser upon payment in cash of
the purchase price plus accrued interest to the date of delivery of the bonds
(called "total sale proceeds "). The Trustee shall handle the total sale proceeds
as follows:
(a) In the ca se of the temporary bonds the total sale proceeds shall
be deposited in a special account of the City de stqna ted "1972 Street and Park-
ing Project Construction Fund" (the "Construction Fund").
(b) In the case of the permanent bonds:
(1) The Trustee shall deposit into the Bond Fund an amount
sufficient to provide for interest during the period prior to the time the off-street
parking facilities become reve,nue producing in accordance with a letter of
instructions Signed by the Mayor and delivered to the Trustee at the time of
closing r plus an amount sufficient to establish the debt service reserve in the
required amount; and
(2) The Trustee shall deposit the balance of the total sale proceeds
in the Construction Fund. The Construction Fund shall be deposited in a deposi-
tory de s iqna ted by the City that is a member of the Federal Deposit Insurance
Corporation. The moneys in the Construction Fund in excess of the amount insured
Page 28
by the Federal Deposit Insurance Corporation shall be continuously secured by bonds
or other direct or fully guaranteed obligations of the United States of America,
except that any moneys invested as hcre in authorized need not be so secured.
The moneys in the Construction Fund shall be disbursed solely in payment of
the cost of accomplishing the Street and Parking Project, paying necessary
expenses incidental thereto and paying the expenses of authorizing and issuing
the bonds. Disbursements shall be on the basis of checks or requisitions
, which shall contain at least the following information: the person to whom pay-
ment is being made; the amount of the, payment; and the purpose by general
clas sification of the payment. Each check or requisition must be sign ed by
two persons designated by the City Council. If requisitions are used, the
depository shall issue its check upon the Construction Fund payable to the
person designated in the re qui s it ion . The depository of the Construction Fund
shall be required to keep accurate records as to all payments made on the basis
of requisitions, and the Parking Authority shall keep accurate records of all
payments made on the basis of checks.
When the Street and Parking Project has been completed and all re-
quired expenses paid from the Construction Fund in connection with the Street
and Parking Proj ect and the issuance of the bonds, thi s fact shall be evidenced
by a certificate signed by the designated representative of the Parking
Authority and by the Mayor, which certtfi cate rshe.l.l state I among other thing s ,
the date of the completion and that all obligations payable from the Construction-
Fund have been discharged. A copy of the certificate shall be filed with the
depository of the Construction Fund, and a copy shall be filed with the Trustee,
and upon receipt thereof the depository of the Construction Fund shall take the
necessary steps to transfer any remaining balance in the Construction Fund
to the Bond Fund created by this Ordinance.
Section 25. That the provisions of this Ordinance shall constitute a
binding contract between the City and the holders of the outstanding bonds and
Page 29
coupons issued hereunder, and the City will at all times strictly adhere to the
terms and provisions hereof and fully discharge all of its obligations hereunder.
Subject to the terms and provisions corr amed in this section and not otherwise,
the holders of not less .than seventy-five per cent (75%) in aggregate prmcrpal
amount of the bonds then outstanding shall have the right, from time to time,
anything contained in this Ordinance to the contrary notwithstanding I to consent
to and approve the adoption by the City of such ordinance supplemental hereto
as shall be necessary or desirable for the purpose of modifying I al terinq , amend-
ing I adding to or rescinding I in any particular I any of the terms or provisions
contained in this Ordinance or in any supplemental ordinance: provided. however f
that nothing herein contained shall permit or be construed as permitting (a) an
extension of the maturity of the principal of or the interest on any bond issued
hereunder I or (b) a reduction in the principal amount of any bond or the rate of
interest therein, or (c) the creation of a lien upon or a pledge of revenues other
than as expre s sly authrr ized by the appropriate provisions of this Ordinance as
now adopted, or (d) the creation of a privilege of priority of any bond or bonds
over any other bond or bonds, or (e) a reduction in the aggregate principal amount
, of the bonds required for consent to such supplemental ordinance.
Section 26. The Trustee shall be responsible for the exercise of good
faith and reasonable prudence in the execution of its trusts. 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 hove-been requested to doso in wr it.inq by the
holders of not less than ten per cent (lO%j in principal amount of bonds then
outstanding and shall have been offered reasonable s e cur Ity and indemnity
against the cos ts, expenses and liabilities to be incurred therein or thereby.
The Trustee may res ign at any time by ten (l0) days I notice in writing to the
City Clerk / and the majority in value of the holders of the outstanding bonds
Page 30
at any time, with or without cause, may remove the Trustee, In the e vor •.t of a
ve ce noy in the office of Trustee, either by resignation or by removal, the majority
in value of the holders of the outstanding bonds may appoint a new Trustee I such
appointment to be evidenced by a written instrument or instruments -f i le d with
the City Clerk. If the majority in value of the holders of the outstanding bonds
shall fail to fill a vacancy within thirty (30) days after the same shall occur,
then the City shall forthwith designate a new Trustee by a written instrument
filed in the office of the City Clerk. Any successor Trustee shall file a written
acceptance and agreement to execute the trusts imposed upon it by this Ordinance,
but only upon the terms and conditions set forth in this Ordinance and subject to
the provisions of this Ordinance, to all of which the respective holders of the
bonds agree. Such written acceptance shall be filed with the City Clerk/ and a
copy thereof shall be placed in the bond transcript. Any successor Trustee shall
have all the powers herein granted to the original Trustee. The Paying Agent may
re s iqn at any time upon ten (10) days I written notice to the City Clerk, whereupon
the City shall forthwith designate a new Paying Agent .
. Section 27. That the provisions of this Ordinance are hereby declared
to 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.
Section 28. That all ordinances and resolutions and parts thereof in
conflict herewith are hereby repealed to the exte-nt of such conflict.
Section 29. That this Ordinance shall not create any right of any
character and no right of any character shall arise under or pursuant to it until
the bonds authorized by this Ordinance shall be issued and delivered.
Section 30. That it is hereby ascertained and declared that the Street
and Parking Project should be completed as soon as possible in order that these
facilities may be made available to the City and its inhabitants at the earliest
possible time, all of which is hereby declared to be necessary for the safety
Page 31
and welfare of the citizens of the City. Such cannot be accomplished without
the issuance of the bonds authorized by this Ordinance I and therefore an
emergency is hereby declared to exist, and this Ordinance being necessary for
the immediate preservation of the public peace, health and safety shall take
effect and be in force from and after its pa ssage.
PASSED --",;,z:;'
\~!C fi;' "'- ,'-
."'-'j":.-/;,..,:, ,--:,,:;<c_,
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.:_)
-":G-c=-'I
L/
I
1972 •
ATTEST:
Mayor
City Clerk ! (
(SEAL)
CERTIFICA TE
STATE OF ARKANSAS)
)
COUNTY OF BAXTER)
The unders icned , Clerk of the City of Mountain Home I Arkansas I
hereby certifies that the foregoing pages are a true and correct copy of Ordinance
No. session of the City Council
of the City of Mountain Ho me , Arkarisa s , held at the regular meeting place of
the City Council in the City at 5(

GCj
C~)/' ,--:>
L-.m. on th e "J
~y
C'
/
day of
----;"'f=-"-"----
1972 1 and that the Ordinance is of record in Ordinance Record Book No.
r now in my possession.
GIVEN under my hand and seal this r 1972.
City Clerk /
(SEAL)
COPIES ON FILE AT CITY HALL
ORDINANCE NO. 309
AN ORDINANCE AM8\jDING ORDINANCE I,fLJ MBER 163 VJITH

REFERB~CE TO ZONING WITHIN THE CITY LIMITS OF THE
CITY OF MOUNTAIN HOME, P2KANSAS, RELATIVE TO
CHN~GING AREAS ZONED AS RESID8\lTIAL R-l TO
COJvlMERCIALC-3.
ARKANSAS:
1. That proper petition was filed by the property owner requesting
a change in zoning, Change from residential R-l zoning to
commercial C-3 zoning; that said petition was submitted to the Planning
Commission of the City of Mountain Home, Arkansas that notice of said
local circulation as is required by Ordinance Number 163; that public
hearing was held and all objections were heard; and the Planning Commission
has recommended the zoning change.
P.RKAN3AS:
That the following described real estate, be, and is hereby changed
in zoning from residential R-l to commercial C-3, to-wit;
Lots 12 and 13 in Rolling Acres a Subdivision in

Mountain Home, Arkansas as shown by the recorded
p la t thereof.
ENACTED july 10, 1972, AND DECLARED OPERATIVE AS OF THIS DATE.
i'flayor
City Clerk Penelope R. Feist
(Green Dot Acres, Inc. )

(First 8. College )
ORDINANCE NO. ",5/ 0
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CIIT

OF MOUNTAIN :;-J0 1'vlE , ARKANSAS, ON THE QUESTION OF
ISSUING BONDS UNDER AMENDMENT NO. 13 TO THE CON-
STITUTION OF THE STATE OF ARKJ.\NSAS FOR THE PURPOSE
OF FINI\NCING THE COST OF ACQUIRING A SITE FOR AND
CONSTRUCTING A CIIT HALL COMPLEX; ACQUIRING
FIRE FIGHTING AP:?ARATUS;PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DEClARING AN EMERGENCY.
WHEREAS, the C tty of Mounta in Home, Arkan sa s (the "C tty "), is
a c lty 0f th e fir st c las s; and
WHEREAS I it ha s been determined that the following improvements
are needed:
(1) The acquisition of a site for and the construction of a
City Hall Complex, to include space for municipal offices and space
for housing fire fighting apparatus, at an estimated cost to the City
of $377,000; and
(2) The acquisition of fire fighting apparatus I at an estimated
cost to the City of $30,000;
which estima tes include expenses of a uthorizing and issuing bonds; and
WHEREAS, the purpose of this Ordinance is to submit to the electors
of the City the questlon of issuing General ObHgatlon Improvement Bonds
under Amendment No: 13 to the Constitution of th e State of Arkansas for
financing the proposed improvements;
NOW, THEREFORE, BE IT ORDAINED by the City Councll of the City of

.~
Mounta in Home r Arkan sa s:
Section 1. That there is hereby called a Special Election for
r
1972 I
at which there shall be submitted to the electors the
question of i s su in,} General ObllgatLon Improvement Bonds under Amendment
No. 13 to the ConstltutLon of the Sta te of Arkansa s in the pr in c lpa l amount of
$407,000 (the "bonds").

...
:'
....
''''
Page 2
Section 2. That the bonds shall be dated September I,
1972, shall bear interest at the lowest rate or rates obtainable
at public sale, interest shall be payable on June 1. 1973 and semi-
annually thereafter on June 1 and December 1, of each year.
The bonds shall mature on December 1 of each year as follows.
but shall be callable for payment prior to maturity upon such terms
as the City Council shall determine and specify in the Notice of
Public Sale of the bonds:
YEAR AMOUNT
1975 $ 4.000
1976 5.000
1977 5,000
1978 5,000
1979 6,000
1980 6,000
1981 6.000
1982 7,000
1983 7,000
1984 7,000
1985 8,000
1986 8,000
1987 9,000
1988 9,000
1989 10,000
1990 10,000
1991 11,000
1992 11,000
1993 12,000
1994 13,000
1995 13,000
1996 14,000
1997 15,000
1998 16,000
1999 16,000
2000 17 ,000
2001 19,000
2002 20,000
2003 21,000
2004 22,000
2005 24.000
2006 25,000
2007 26,000
If the bonds for only one of the purposes are approved,
there will be an appropriate reduction in the principal amounts
in the above schedule

· "" ::.,
,'::
Page 3
At the discretion of the City Council, the bonds may be sold and
delivered in series as funds are needed upon such terms and pursuant to such
conditions a s the City Council may specify in the ordinance a uthorizing the
issuance of a particular series. The various series may bear interest at
different rates.
Puq e 4
Section 3. That the questions shall be placed on the ballot for the
spec le l election in substantially the following form:
Vote on measure by placing an "X" in the square

opposite the mea sure either for or aga lnst:
FOR an issue of bonds in the amount of $377, 000

for the e cq ui s iti o n of a site for and construction of a
City Hall Complex including space for municipal
offices and space for housing fire fighting apparatus. .LI
AGAINST an issue of bond s in the amount of $377 000 I
for the acquisition of a site for and construction of a

City Hall Complex including space for municipal
offices and space for housing fire fighting apparatus.
FOR an issue of bonds in the amount of $30, 000

for the acquisition of fire fighting apparatus .L-;
AGAINST an issue of bonds in the amount of
$30, 000 for the acquisition of fire Hghting appa-
ratus .......•................ ', LI
If bonds for both of the above set forth purposes are approved by the
electors I they will be combined into one issue of $407, 000 in prin-
cipal amount of General Obligation Improvement Bonds (the "bonds")
under the prov is lon sof Amendment No. 13 to the Constitution of the
State of Arkan sa s. In the event that bonds for only one of the above
set forth purpose s are a pproved the bonds that are a pproved will be
I
issued with the same maturity dates but for proportionately less
amounts. The bonds will be dated September I, 1972 with Inter e st
I
payable on June 1, 1973 and semiannually thereafter on June 1 and

December 1 of each year. The bonji"Jqill mature annually on Decem-
ber 1 in each of the years 1975 to ~ inclusive. The bonds will
bear interest at the rate or rates accepted by the City at the public
sale of the bonds. The City Council will levy and there will be
collected a continuing annual tax in the amount of five (5) rnll l s in
the event bond s for both of the above purposes are approved and
issued. If bonds for only one of the purposes are a pproved and are
issued, the City Council wil l levy and there will be ccl Iected a
continuing annual tax in an amount suff ic lent to insure the payment
of the pr lnc lpe l of and interest on the bonds that are issued.
Bonds may be sold and dellvered in series as funds are needed
upon such terms and pursuant to such coridl t lon s a s the C tty
Council may spe c lfy in the ordinance authorizing the issuance
of a partrculer series. The various series may bear interest at
different rates.
" .•..•...
Page 5
SecUon 4. Tha t the election shall be held and conducted and the vote
canvassed and the results declared under the law and in the manner now pro-
vided for rnun ic lpe l elections 1 so far a s the sa me is applicable 1 and the Mayor
of the City is hereby authorlzed and directed to (Jive notice of such election by
an advertisement published once a week for four weeks in a newspaper pub-
l l sh ed in the City and having a bona fide circulation therein, the last publi-
cation to be not less than ten days prior to the date of the el ectton , and only
que l Ifl ed voters of the C tty shall have the right to vote at the election.
SectLon 5. That the results of the election shall be proclaimed by the
Mayor r and his Proclamation shall be published one time in a newspaper pub-
lished in the City and having a bona fide circulation therein, which Proclamation
shall advise that the results as procla lmed shall be conclusive unless attacked
in the courts within thirty days after the date of the Proclamation.
Section 6. That the Mayor is authorized to advertise I according to
the terms of Amendment No. 13 to the Constitution of the State of Arkansa s , the
public sale of the bonds.
Section 7. That a copy of this Ordinance shall be given to the Baxter
County Board of Election Commissioners so that the necessary election off ic la l s
and supplies may be provided.
Section 8. 'That all ordinances and parts thereof in conflict herewith
Section 9. It is hereby a scerta ined and declared that there is an
immediate need for the improvements in order to promote and protect the health I
safety and welfare of the City and it s Inhabttant s f and that the improvements
can be accompli shed only by the issuance of the bonds. It is I therefore,

.- .••...••• s, '/
"". ,.'\.
Page 6
declared that an emergency exists and this Ordinance being necessary for
the immediate pre s erva t lon of public pee ce , health and safety shall be in
force and take effect immediately from and after its passage.
PAS SED: Cb0- 2/

--~-7P",-=-==-=-!>-,,=,-c::J=-' 1 1972.
ATTEST:
Mayor
(SEAL)
,"" ~,. '
CERTIFICATE
The u nd er s igned I City Clerk of Mounta in Home, Arke n se e , hereby
'certifies that the foregoing pages, numbered from 1 to 5, inclusive! are a
true and perfect copy of Ordinance No . .3 /() I pa ssed at a regular sess ion
S';>ec::., ..•.c,
of the City CouncLl of Mounta in Home, Arkan sa s I held a t the .fe<JaIm meeting
place of the Counc il at 7: 2 (j o' clock P. m . , on the J /sjday of
J=7
Record Book No. J
, 1972, and that the Ordinance
Page ----I!f--, now in my possession.

is of record in Ordinance
GIVEN under my hand and seal this
1972.
ORDINANCE NO¢ 311
OliDINANCE P.TvlENDING ORDINJ~NCc NOo 163

WITH REF ER8\)CE TO ZONING V\JITHINTHE
HOME, Am<M~SAS, RELATIVE TO CHANGING
AREA ZONED AS RESIDB\)TIAL R-l TO
COlv1!VIERCV.L
C-3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HONIE, ARKPJ.\]SPcS:
a change in zoning; that said petition was submitted to the
No. 163; that a public hearing was held; that all remonstrances were
heard, after which the planning COffiuissionrecommended that all property
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF lVOUNTAIN I-lOME,
and is hereby changed in zoning from Residential R-l to COffiuercial
C-3:
That part of the SELt of the described as f o Ll ows s

Beginning at the Northeast corner of said forty, run
thence West 66 rods; thence South 68 rods; thence East
66 rods; thence North 68 rods to the point of beginning,
containing 28 acres, more or less;
All that part of the N of the lying South of U. s.

Highway # 62 except the tract known as the Goodall Family
Cemetery, containing 7 acres, more or less;
all in Section 3, Township 19 North, Range 13 West and

containing in the aggregate 35 acres, more or less.
ENACTED THE 14th day of Auqu st , 1972, AND DECLARED EFFECTIVE
FROM AND PETER ITS PASSAGE.
Wiseman, Nelson Property

ORDINP~CE NO. 312
N~8~DING ORDINANCE NO. 163

TO ZONING WITHIN THE
OF THE CITY OF ~~UNTAIN
h"i,r'~'~'hV,RELATIVE TO CHANGING
AS RESIDB~TIAL R-l TO
C-3
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

ARKi\NSAS:
That a proper petition filed by a prop owner
requesting a change in zoning; said petition was submitted
to the Planning Commission of the of ntain Home, Arkansas;
that notice of said petition and a publ hearing thereon was published
in a newspaper having local circulation as equired by Ordinance No. 163;
that a public hearing was held,; that all es were heard, after
which the Planning Commissiqn recommended that property described
IT IS THEREFORE ~,~~.~,ED BY THE CITY COUNCIL OF AIN HOIclE,
That the lowing real estate in Baxter County, be and
is hereby ed in zoning from Residential R-l to Comrnercial

, _
o ne+na 1f o r r- -'-'
In,~ , o~ r t h ~"-"'1
T. a f
l~~'-i:.-.o
NEY4-
S 3, Township 19 ~orlh, Kange l~ ~est,
containing 20 a s, e or less.
st, 1972, AND DECLARED EFFECTIVE
F EOTcl,LJJD AFT ER ITS
,L,PPROVED:
ATTEST:
Lu~~-~ ~& 4S-~

..... D-d2 8/Z/76
jl~~ t- ~ ~ ~~J
Riley, Green, Lucas Property

ORDINANCE NO. 313
AN ORDINANCE PROVIDING FOR All APPOINTMENTS TO

BOARDS OR COMMISSIONS TO BE MADE BY A MAJORITY
OF THE GOVERNING BODY; DECLARING AN EMERGENCY;
ANE>FOR OTHER PURPOSES.
WHEREAS, Act No. 266 of 1971 (AS 19-1042 - 1046) provides that
cities of the first class have authority to pass local legislation
in contravention to existing state statutory laws in matters pertain-
ing to the management of municipal affairs unless specifically pre-
cluded from such action by said Act No. 266 of 1971.
NOW, THEREFORE, BE IT ORDAINBD BY THE CITY COUNCIL OF THE CITY OF
Section 1. Hereafter, any vacancy on any municipal board or

commission of the City of Mountain Home, Arkansas shall be
filled by a majority vote of the governing body of the City of
Section 2. That the self-perpetuatimg powers of all Boards and

Commissions in the City of Mountain Home, Arkansas are hereby
repealed.
Section 3. Whereas, it is deemed necessary that all Boards or

Commissions shall be under the control of the governing body of the
City of Mountain ijome,Arkansas: and, whereas, the elected
officials are responsible to the people of the City of Mountain Home,
Arkansas for the operation of the municipal government in the city
and, whereas, this ordinance is deemed necessary for the protection
of the public peace, health and safety an emergency is hereby de-
clared to exist and this ordinance shall be in full force and effect
APPROVED:
Passe
Attest / Clty Clerk

ORDINANCE NO. 314
AN ORDINANCE AMENDING ORDINANCE 163, WITH RESPECT TO

AREA REZONED
BE IT ORDAINED BY rrHE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME,

ARKANSAS:

Commission of the City of Mountain Home, Arkansas; that notice
of said petition and a public hearing thereon was published in
a newspaper having local circulation as required by Ordinance
No. 163 on the posting of notice on subject property in accordance
with Ordinance No. 283; that a puplic hearing was held; that all
ARKANSAS:

be and is hereby changed in zoning from R-I to C-3;
Lots 1 and 8 in the DoddAddition to the City
of Mountain Home, as shown by the reco~ded
plat thereof.
ENACTED THE 28th DAY OF AUGUST, 1972,
and declared effective from and after its passage.
,
"
",,
APPROVED:
Clerk Penelope R: Feist

ORDINANCE NO. 315
ORDINANCE 315 AMENDING ORDINANCE NO. 163

WITH REFERENCE TO ZONING WITHIN THE CITY
LIMITS OF THE CITY OF MOUNTAIN HOME,
ARKANSAS, RELATIVE TO CHANGING AREA ZONED
AS RESIDENTIAL R-l TO COMMERCIAL C-2

ARKANSAS:
said petition and a public haaring thereon was published in a news-
paper having local circulauon as required by Ordinance No. 163; that

ARKANSAS:
CQ2:
Part of the set Net Section 4, Township 19 North, Range 13

West bounded and described as follows: Beginning at the SE
corner of set Net said Section 4, said point being on the
North boundary of Sanford Lane, run thence along said North
boundary North 860 43' WJ 503.9 ft. thence leaving said
North boundary North 12° 37' W. 559.4 ft. to the South boun-
dary of Hwy. 62, run thence along said South boundary the
following distances; North 61° 12' E. 100ft. thence N. 64°
05' E. 100 ft. thence North 67° 51' Ei 287.7 ft. thence
leaving said South boundary of Hwy. 62, South 00 15' E. 371.8
ft. thence South 89° 14' East 205.0 ft. thence South 0° 15'
East 402.1 ft. to the point of beginning, containing 7.85 acres,
more or less.
Subject to filing Bill of Assurance.
ENACTED THE 11th day of September, 1972, AND DECLARED EFFECTIVE
CLERK RECORDER PENELOPE R. FEIST

BILL OF ASSURANCE
This indenture is given this 11th day of September, 1972 by Woodson T.

Missick and Eunice R. Messick, his wife, hereinafter called owners,
WITNESSETH:
We are the fee title owners of the following described property in
Baxter County,Arkansas, to-wit:
(See attached description which is incorporated
herein by,]reference) ;
and we have moved the City Council of Mountain Home, Arkansas, to rezone the
property from Residential R-l property to Commercial C-2 classification.
That the Planning Commission of the City of Mountain Home, Arkansas,
has granted its recommendation of such rezoning change provided we file and
place the following use restrictions upon the lands;
1. Owners and occupants of the lands shall construct and maintain

in good repair, a fence along the side of the property which faces Sanford
Lane in Mountain Home, Arkansas. The fence shall be of cedar and shall
preferably be eight (8) feet in height, but not less than six (6) feet.
Owner may construct and maintain a fence of equal quality to the above so
long as it is as reasonably calculated to conceal from sight the above
described property from Sanford Lane.
2. Owner shall request that the City Council take appropriate

action to assure that truck traffic be prohibited on Sanford Lane, except
for pickups, utility vehicles, and deliveries of a non-commercial nature.
3. The Fence described in Paragraph 1, above, shall have no entrances

from Sanford Lane except for emergency vehicles.
4. No occupant shall use, and the land shall not be used, insofar
as that portion fronting on Sanford Lane is concerned, for the purpose of
loading or unloading freight.
WE, the fee owners of the above-described property hereby impose the
foregoing restrictions upon its use.
This instrument shall be binding upon the heirs and assigns of owners
until released by the property owners on Sanford Lane opposite the above-
described pro~ty; or until declared by a Court of competent jurisdiction
to be an arbitrary and capricious restriction upon the use of the land.
Witness our hands and seals on the above written date.
lsi Woodson T. Messick
lsi Eunice R. Messick

ORDINANCE NO. 316
ORDINANCE 316 AMENDING ORDINANCE NO. 163

WITH REFERENCE TO ZONING WITHIN THE CITY
ARKANSAS , RELATIVE TO CHANGING AREA ZONED

ARKANSAS:

was held; that all remonstrances.were heard, after which the Planning

ARKANSAS:

C-2:
A part of the st Nwt and a part of ]he Nt swt of

Section 3, Township 19 North, Range 13 West, described
as follows: From the t corner between Section 3 and 4
run South 0 degs. 47' West along Section line 83.77 feet
to fence; thence South 89 degs. 58' 20" East along said
fence 872.89 feet to the point of beginning for the trac]
herein described; thence continue South 89 degs. 58' 29"
East along said fence 657.49 feet to fence corner thence
North 0 degs. 22' West along fence 975.80 feet to fence
corner; thence South 81 degs. 13' 45" West along fence
112.32 feet to fence corner; thence North 0 degs. 26' 45"
East along fence 419.48 feet to fence corner on South R/W
of U. S. Highway No. 62; thence South 78 degs. 45' West
along said R/W 285.32 feet to fence corner; thence South
9 degs. 47' 45" East along fence 205.73 feet to fence
corner; thence South 75 degs. 46' 30" West along fence
315 feet; thence South 0 degs. 22' East along line 1042.04
feet to the point of beginning, containing 17.63 acres, more
or less.
ENACTED THE 11th day of September, 1972, AND DECLARED EFFECTIVE

APPROVED:
ATTEST:
CLERK_RECORDER Penelope ~. Feist

ORDINANCE NO •..l.lL
AN ORDINANCE AMENDING ORDINANCE NO. 219 OF THE CITY

OF MOUNTAIN HOME: EXCLUDING THE REQUIREMENT THAT
WIRING FOR LIGHTS, POWER AND HEAT IN APARTMENT BUILD-
INGS BE INSTALLED IN APPROVED RIGID METAL CONDUIT, STEEL
TUBE OR FLEXIBLE STEEL CONDUIT: AND FOR OTHER PURPOSES.

SECTIONLl: Section 16 (B) of Or'di.nanceNo. 219 of the City of

Mountain Home is hereby amended to read as follows:
"All wiring for lights, power and heat in the defined fire
district, single family residence apartments and town-
house units of two stories or less (basement excluded)
excepted, and in theatres, churches, auditoriums, garages,
gasoline filling stations, hotels, office buildings, schools
and other buildings normally used for public purposes
wherever located, shall be installed in approved rigid metal
conduit, steel tube or flexible steel conduit, commonly
known as Greenfield, approved metal ducts and metal
moldings: "
SECTION 2: It is the intent of this Ordinance to exclude apartment

buildings, single family residences and townhouses of two stories of less
(basement excI~ded) from.therequ~rement of having wiring for lights,
power and heat installed in approved. ri:gid metal conduit.
SECTION 3: All Ordinances or parts of Ordinances in conflict

herewith are hereby repealed.
SECTION 4: The City Council has determined that due to the

tremendous amount of construction currently underway in the City this
Ordinance is necessary to insure the peace, health and safety,
THEREFORE, an emergency is hereby declared to exis~, and this ordinance shall
be in full force and effect from and after its passage and approval.
PASSED September 11, 1972 APPROVED:
MAYOR W. W. jERSON
ATTEST:
ORDINANCE NO. 318
AN ORDINANCE ANNEXING PROPERTY CONTIGJOUS THEREWITH TO THE

WHEREAS, persons claiming to be a majority in value of the owners

of real property hereinafter described have filed a Petition in writing,
praying that said property be annexed to the City of Mountain Home,
Arkansas, for the purposes hereinafter set out,and
WHEREAS, after due notice as required by law, the City Council of

owning the majority in value of real property within said territory, and

taken on August 21, 1972, in which it was determined that due Notice of

There is hereby annexed to and made a part of the City of

Mountain Home, Arkansas, the following described property, to-wit:
All of Mountain Springs Estates, as shown

by the recorded plat thereof in Book 31, Page 147
of the records of Plats and Maps of Baxter County,
Arkansa s,
Passed and Approved this 25th day of September, 1972.
APPROVED:
MAYOR W. W.
ATTEST:
ORDINANCE NO. 319
AN ORDINANCE ANNEXING PROPERTY CONTINGUOUS THEREWITH


of real property hereinafter described, have filed a Petition in writing,
District No. 3 of Mountain Home, Arkansas, for the purposes hereinafter
set out, and;

the City of Mountain Home, Arkansas, has heard all persons desiring to be
heard and has ascertained that said Petition was signed by persons owning
the majority in value of real property within said territory;
Now, Therefore, be it ordained by the City Council of the City of

Section 1. There is hereby annexed to and made a part of Water

and Sewer Improvement District No. 3 of the City of Mountain Home,
All of Mountain Springs Estates, as shown by the

recorded plat thereof in Book 31, Page 147 of the
records of Plats and Maps of Baxter County, Arkansas.
for the purpose of constructing extensions to the existing sanitary sewer

system and water system as the same now exists to serve the property
within the boundaries of the territorty hereinabove described. In such
manner and withsuch materials as the Commissioners of Water and Sewer
Improvement District No. 3 of Mountain Home, Arkansas, may deem to be in
the best interests of the district and that the costs hereof be assessed
and charged upon the real properties hereinabove described as benefits
thereto.
Passed and Approved this 25th day of September 1972.
APPROVED:
MAYOR W. W. 7RSON
ATTEST:
ORDINANCE NO. 320
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH TO THE


Arkansas, for the purposes hereina~ter set out, and


taken on August 14, 1972, in which it was determined that due Notice of


The wt of the sEt Nwt and the wt

of the NEt of the swt
of Section 5, Township 19 North, Range 13 West, con-
taining 40 acres more or less. Also all that part
1
of the wtNEt NWt, Section 5, Township 19 North,
Range 13 West, lying South of State Highway # 5 con-
taining 25/100th acres, more or less. Also that part
of the swt of the Nwt and that part of the Nwt of the
swt of Section 5, Township 19 North, Range 13 West
described as fOllows: Beginning at the Northeast
corner of ih e said swt, Nwt run South along the 1/16th
section line to the Southeast corner of the said Nwt
swt; run thence West along the South side of the said
NWt swt 737.85 feet; run thence North 2542.22 feet to a
point on the South side of Highway # 5 right of way, said
point being 130 feet South of the North side of the said
swt Nwt and 744.48 feet West of the Northeast corner of
the said swt Nwt; run thence Northeasterly along and with
the meandering of the highway right of way approximately
315 feet to the North side of the said SW:t Nwt; run
thence East along the North side of the said swt Nwt 462
feet to the place of beginning, containing 44.5 acres,
more or less. Also all of that part of the Nwt of the
Nwt of Section 5, Township 19 North, Range 13 West,
lying South of State Highway 5, containing 17/100 acres,
more or less.
ALSO:
Part swt NEt, and part of the Nwt sEt of Section 5,

Beginning at the ct corner Section 5, and run North 00
58' East 845 feet to the right of way of State Highway
# 5 as it now exists, run thence South 48° 30' East along
said R/W 58.3 feet, thence South 28° 41' East 619.75
feet, thence South 46° 20' West along said fence 190.03
feet, thence South 76° 14' 15" West along fence 400.17
feet to the t section line, thence North 0° 58' East
along said t section line 126.3 feet to the ct corner and
the point of beginning.
ORDINJl..NCENO. 320 CQNTINUED
AND ALSO:
All that part of the E~ of the sEt Nwt of Section 5,

Township 19 North, Range 13 West, lying South of State
Highway No.5, containing 17 acres, more or less, EXCEPT
the followin~ described tract, beginning at the SW corner
of the E~ SEt Nwt Section 5 run thence North Along the West
line thereof 467 feet to a point for a place of beginning,
run due East 125 feet, run thence North parallel to the
West line 100 feet, run thence West 125 feet, run thence
South 100 feet to the point of beginning, containing in
exception .2875 acre, and containing in lands herein
described 16.7125 acres, more or less.
Passed and Approved this 25th day of September, 1972.
APPROVED:
ATTEST
ORDINANCE NO. 321
AN ORDINANCE ANNEXING PROPERTY CONTIQJOOS THERE-

WITH TO WATER AND SEWER IMPROVEMENT DISTRICT NO.
3 Of THE CITY Of MOUNTAIN HOME, ARKANSAS
WHEREAS, Robert E. Lucas, owner of real property hereinafter

described, has filed a Petition on writing, praying that said property
be annexed to Water and Sewer Improvement District No. 3 of Mountain Home
Arka~s, for the purpose hereinafter set out, and;

the City of Mountain Homw, Arkansas, has heard .11 persons desiring to
be heard and has ascertained that said Petition
was signed by Robert E. Lucas, owner of said property within said
territory;
NOW THEREfORE, be it ordained by the City Council of the City of

Mountain Homw, Arkansas;
Section 1. There is hereby annexed to and made a part of Water and

The Nwt and the wt of the NEtcof the swt

of Section 5, Township 19 North, Range 13
West, containing 40 acres, more or less.
Also all that part of the wt
Net Nwt, Sec-
tion 5, Township 19 North, Range 13 West,
lying South of State Highway # 5 containing
25/100 acres,more or less. Also that part
of the swt of the Nwt and that part of the
Nwt of the swt of Section 5, Township 19
North, Range 13 West described as follows:
Beginning at the Northeast corner of the
said swt, Nwt run South along the 1/16 th
section line to the Southeast corner of
the said Nwt swt; run thence West along the
South side of the said Nwt swt 737.85 feet;
run thence North 2542.22 feet to a point on
the South side of Highway # 5 ~Tight of way,
said point being 130 feet South;;of the North
sid. of the said swt Nwt and 74.4.48 feet West
of the Northeast corner of the said swt Nwt;
run thence Northeasterly along and with the
meandering of the highway right of way ap-
proximately 315 feet to the North side of the
said swt Nwt; run thence East along the North
side of the said swt Nwt 462 feet to the place
of beginning, containing 44.5 acres, more or
less. Also all of that part of the Nwt of
the Nwt of Section 5, Township 19 North,
Range 13 West, lying South of State Highway
5, containing 17/100 acres, more or less.
ALSO:
Part swt NEt, and part of the Nwt SEt_of

Section 5, Township 19 North, Range 13 West,
described as follows; Beginning at the ct
corner Section 5, and run North 00 58' East
845 feet to the right of way of State High-
way # 5 as it now exists, run thence South
48° 30' East along said R/W 58.3 feet,
thence South 28° 41' East 619.75 feet, thence
South 46° 20' West along said fence 190.03
feet, thence South 76° 14' 15" West along
fence 400.17 feet to the t section line, thence
North 0° 58' East along said t section line
126.3 feet to the ct
corner and the point of
beginning.
AND ALSO:
J)
-----I '" /
ORDINANCE NO.~ CONTINUED
All that part of the Et of the sEt Nwtof

Section 5, Township 19 North, Range 13 West
lying South of State Highway No.5, containing
17 acres, more or less, EXCEPT the following
described tract, beginning at the SW corner of
the Et sEt Nwt Section 5 run thence North along
the West line thereof 467 feet to a point for a
place of beginning, run due East 125 feet, run
thence North parallel to the West line 100 feet,
run thence West 125 feet, run thence South 100
feet to the point of beginning, containing in
exception .2875 acres, and containing in lands
herein described 16.7125 acres, more or less.
for the purpose of construction extensions to the existing saAitary

sewer system and water system as the same now exists to serve the
property within the boundaries of the territory hereinabove described,
in such manner and with such materials as the Commissioners of Water
and Sewer Improvement District No. 3 of Mountain Home, Arkansas,
may deem to be in the best interest of the district, and that the cost
thereof be assessed and charged upon the real properties hereinabove
described as benefits thereto.
Section 2: The provisions of this ordinance shall be severable.

The invalidity, unenforceability, or unconstitutionality of any
clause, phrase, sentence or part hereof, shall not effect the
validity, enforceability, or constitutionality of any other clause,
phrase, or part hereof.
Section 3: There is an immediate need for constructing extensions

to existing sanitary sewer system and water system, as the same now
exists, to serve the property within the boundaries hereinabove
described. Therefore, an emergency is hereby declared to exist
this ordinance being necessary for preservation of the public
hea lth and safety, the same shall be in full force and effect
Passed and Approved this 25th day of September 1972.
APPROVED
MAYOR
ATTEST:
ORDINANCE NO. 322
AN ORDINANCE AMENDING ORDINANCE 163, WITH RESPECT TO AREA

REZONED

having local circulation as required by Ordinance No. 163 on the posting
of notice on subject property in accordance with Ordinance No. 283; that
a public hearing was held; that all remonstrances were heard, after which
the Planning Commission recommended that all property described
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAINHOME~ ARKANSAS

is hereby changed in zoning from R-l to C-3.
That part of the swt of the sEt of Section 5,

Township 19 North, Range 13 West described as
follows: Beginning at the NW corner of the
swt sEt of Section 5 run North 88 degrees 26
minutes East 280.77 feet; thence South 1
degrees 34 minutes East 237.41 feet; thence
North 88 degrees 26 minutes East 316.29 feet;
thence South 76 degrees 56 minutes 30 seconds
East 45.9 feet; thence South 78 degrees 24
minutes 30 seconds East 108.95 feet; thence
South 78 degrees 2 minutes 45 seconds East
95.8 feet; thence South 87 degrees 85 minutes
15 seconds East 100.31 feet; 'thence South 87
degre.es 76 minutes West 264 feet (to a point
of beginning for the tract herein described;
run thence South 87 degrees 26 .:
minutes We.st
100 feet; thence North 1 degree 34 minutes
West 435.6 feet; thence North 87 degrees 26
minutes East 100 feet; thence South 1 degree
34 minutes East 435.6 feet to the point of
beginning, containing 1 acre, more or less.
ENACTED THE 25th DAY OF SEPTEMBER, 1972,AND DECLARED EFFECTIVE

APPROVED:
ATTEST:
RECORDER PENELOPER. FEIST

45
ORDINANCE NO 323
AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE

CITY OF MOUNTAIN HOME, ARKANSAS, AND MAKING SAME A PART OF THE CITY
OF MOUNTAIN HOEM, ARKANSAS, AND ASSIGNING SAME TO WARDS.
WHEREAS, a petition was filed with the County Clerk of Baxter, County,
Arkansas, by the real estate owners of the hereinafter described territory,
praying that said territory be annexed to and made a part of the City of
Mountain Home, Arkansas, and
WHEREAS, on the twenty-first (21st) day of August, 1972, the County

Court of Baxter County, Arkansas, found that said petition was signed by
a majority of the real estate owners in both number and ownership of
acreage in said territory; that said territory is contiguous and adjoining
the present corporate limits of the City of Mountain Home, Arkansas; that
an accurate plat or map of said territory showing its relationship to the
present city had been filed with and made a part of said petition; that
proper notice had been given for the time and in the manner prescribed by
law; and that said lands and territory should be annexed to and made a
part of the City of Mountain Home, Arkansas, subject to the acceptance of
the same by the City Council of said city at the proper time as provided by
law, and .
WHEREAS, thetime fixed by law for appealing from said order of

taken from said order,

Section 1: That the following described lands and territory

contiguous and afjoining the Ctiy of Mountain Home, Arkansas, be, and
the same is hereby accepted as a part of the annexed to and made a part
of the City of Mountain Home, Arkansas, as R-2:
The South three(3) acres of the following

described tract of land:
A part of the NW:t of the NW:t of Section 10,

Township 19 North, Range 13 West, Baxter County,
Arkansas, more particularly described as follows:
Beginning at a point S. 01° 59' 53" W. 229.04 feet

from the Northwest corner of said Section 10,
said point being in the centerline of Buzzard
Roost Road; thence S. 01° 59' 53" W. 1005.21 feet
along said centerline; thence S. 840 07' 52" E.
281. 66 feet; thence N. 07° 24' 25" E. 504.21 feet;
thence N. 12° 51' 38" E. 544.74 feet; thence
N. 89° 41' 30" W. 431.39 feet to the point of
beginning, containing 8.1 acres, more or less,
subject to the right-of-way of existing Buzzard
Roost Road.
Section 2: That the above described territory shall be annexed to

and made a part of "Ward 2 of the City of Mountain Home, and the same shall
henceforth be a part·of said ward as fully as existing parts of said ward.
PASSED this 25th day of September, 1972.
APPROVED:
MAYOR W'W'D~ON '

ATTEST:
RECORDER PENELOPE R; FEIST

46
ORDINANCE NO. 324

TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3

real 'property hereinafter described, have filed a Petition in writing,
District No.3 of Mountain Home, Arkansas, for the purposes hereinafter
set out, and;
NOW ,THEREFORE, BE IT ORDAINED by the City Council of the City of

Section 1: There is hereby annexed to and made a part of Water and

The South three (3) acres of the following

described tract of land:
A part of the Nwi of the Nwi of Section 10,

Arkansas, more particularly described as follows:
Beginning at a point S. 01° 59' 53" W. 229.04 feet

from the Northwest corner of said Section 10,
said point being in the centerline of Buzzard
Roost Road; thence S. 01° 59' 53" W. 1005.21 feet
along said centerline; thence S. 84.0 07' 52" E.
281.66 feet; thence N. 07° 24' 25" E. 504.21 feet;
thence N. 12° 51' 38" E. 544.74 feet; thence
N. 89° 41' 30" W. 431.39 feet to the point of
beginning, containing 8.1 acres, more or less
subject to the right-of-way of existing Buzzard
Roost Road,
for the puropse of constructing extensions to the existing sanitary sewer

system and water system as the same now exists to serve the property
within the boundaries of the territory hereinabove described, in such
manner and with such materials as the Commissioners of Water and Sewer
Improvement District No.3 of Mountain Home, Arkansas, may deem to be in
the best interests of the district, and that the costs thereof be
assessed and charged upon the real properties hereinabove described ad
benefits thereto.
Passed and Approved this 25th day of August, 1972.
APPROVED:
MAYOR W.W.DIC
ATTEST:
RECORDER pENELOPE RJFE:(ST

ORDINANCE NO. 325
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH TO THE CITY OF


praying that said property be annexed to the City of Mountain Home, Arkansas,
for the purposes hereinafter set out, and
City of Mountain Home, Arkansas, has heard all persons desiring to be heard
and has ascertained that said Petition was signed by persons owning the
majority in value of real property witnin said territory, and
WHEREAS, a Petition was filed in the County Court of Baxter, County,

Mountain Home, Arkansas, and after a hearing in said Court an order was taken
on October 24, 1.972, in which it was determined that due Notice of Hearing
on such Petition was published as required and that the Petition was in
proper order,


The NWt Net Section 4, Township 19 North, Range 13

West, and also the East 232.5 feet of the Net Nwt
Section A, Township 19 North, Range 13 West.
Passed and Approved this 13 day of November 1972.
/~ .. ~
:5:,/v?/' --t!/z-/7.('j--/r r-'--~{L-\;_~_
/ CITY CLERK
Dryer Property
ORDINANCE NO 3@6

WHEREAS, persons claiming to be a majority in value of 'the owners

of real property hereinafter described, have filed a Petition in writing,
praying that said property be annexed to Water and Sewer Improvement District
No.3 of Mountain Home, Arkansas, for the purposes hereinafter set out, and;

of the City of Mountain Home, Arkansas, has heard all persons desiring to be
Now, therefore, be it ordained by the City Council of the City of

Section 1. There is hereby annexed to and made a pa~t of Water

and Sewer Improvement District:No 3 of the City of Mountain Home, Arkansas,
The Nwt NEt Section 4, Township 19 North, Rqnge

13 West, and also the East 232.5 feet of the N-Et Nwt
Section 4, Township 19 North, Range 13 West.
For the purpose of constructing extensions to the existing

sanitary sewer system and water system as the same now exists to serve the
property within the boundaries of the territory hereinabove described. In
such manner and with such materials as the Commissioners of Water and Sewer
Improvement District No.3 of Mountain Home, Arkansas, may deem to be in the
best interests of the district and that the costs hereof be assessed and
charged upon the real properties hereinabove described as benefits thereto.
Passed and approved this 13th day of November, 1972.
ATTEST:
City Clerk
Dryer Property
ORDINANCE 327
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH RESPECT OT AREA

RE-ZONED

ARKANSAS:

Commission of -the City of Mountain Home, Arkansas; that notice of said
having local circulation as required by Ordinance No. 163 on the posting
of notice on subject property in accordance with Ordinance No. 283; that

ARKANSAS:
That the following real estate in Baxter County, Arkansas, be and

is hereby changed .in zoning from Residential R-l to Commercial C-2;
. 1 1
A part of the Swt of the Swt of Section 4, Twp. 19 North,
Range 13 West, more particularly described as follows: From
the SW corner of said swt swt run North along the section
line 901.2 feet, run thence North 89 degrees 56 minutes East
191 feet, run thence South 0 degrees 30 minutes East 100 feet
to the Northwest corner of the tract herein conveyed, from
this point of beginning continue South 0 degrees 30 minutes
East 60-feet, run thence South 86 degrees 20 minutes East
156.5 feet to an iron pin, run thence North 2 degrees 24 minutes
West 79 feet, run thence South 89 degrees 56 minutes West
150.2 feet, more or less to point of beginning.
A part of the swt of the swt of Section 4, Twp. 19 North

Range 13 West, described as follows: Starting at the Southwest
corner of Sec. 4, Twp. 19 N., Range 13 W., and run thence
North along the West side of Sec. 4, 752.2 feet to the intersection
of the West lin€Df said Sec. 4 and the right of way fence along
the NE side of Arkansas State Highway No.5, and thence
South 51 Deg. 36' east along said right of way fence 244.0
feet to a point of beginning; thence North 131.61 feet, to the
fence post which marks the Southwest corner of the lot sold
to Ben F. Rich; run thence S. 86 deg. 20' East along the South
line of said Rich lot a distance of 156.5 feet; run thence South
76.4 feet; run thence Southwesterly 132.9 feet to a point on
State Highway No.5., which is 91.7 feet Sou±heasi of the beginning
point; run thence in a Northwesterly direction along said
Highway 91.7 feet to the point of beginning.
General Location of Property:
The property is located along Highway 5 North in the approximate

vicinity of Hillcrest Street and lies generally on the West
side of the dental office located at 307 North Highway 5, Mountain
Home, Arkansas, and the TV Repair Service located at 309
North Highway 5, Mountain Home, Arkansas.
ENACTED THE 13th DAY OF NOVEMBER, 1972 AND DECLARED EFFECTIVE

FROM AND AFTER ITS PASAGE.
ATTEST:
Dryer Property
Ordinance No. 328
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPECT TO AREA

RE-ZONED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME

ARKANSAS:

in a newspaper having local circulation as required by Ordinance No. 163
on the posting of notice on subject property in accordance with
Ordinance No. 283; that a public hearing was held; that all
remonstrances were heard, after which the Planning Commission re-
commended that all property described hereinafter be rezoned.

ARKANSAS:
That the following real estate in baxter County, Arkansas, be

and is hereby changed in zoning from Residential R-l to Commercial C-3:
Lots numbered 3,4,and 5 in Bean Addition to the

Town of Mountain Home, Arkansas, as shown by the
General Discription: Property lies on the

South side of Highway 5 adjacent to and North
of Bean Street and continuing East 180 feet
along Highway 5.
ENACTED THE 13th DAY OF NOVEMBER, 1972. AND DECLARED

ATTEST:
Osmon Property
-:
51
ORDINANCE NO. 329

MOUNTAI~ HOME, ARKANSAS, RELATIVE TO CHANGING AREA
ZONED AS R-1 TO COMMERCIAL C-2

ARKANSAS

IT IS THEREFORE ORDAINED BYiTHE CITY COUNCIL OF THE CITY OF


and is hereby rezoned from R-1 to Commercial C-2, to-wit:
A part of the SEt NEt, Section 4, Twp. 19 North,

Range 13 West, in Mountain Home, Baxter County,
Arkansas, described as follows:
Beginning at the NE corner of said SEt NEt,

thence North 89° 10' West, 894.6 feet;
thence South 0° 33' East, 833.4 feet to the
Northwest boundary of Highway 62; thence
along said Northwest boundary the following
courses: North 57° 22' East, 248.5 feet;
North 58° 42' East, 81.8 feet; North 63°
19' East, 97.1 feet; North 67° 31' East,
298.2 feet; North 67° 58' East, 264.5 feet;
Thence North 0° 01' West, 387.1 feet to the
point of beginning.
Containing 12.03 acres, more or less.
ENACTED THE 13th DAY OF NOVEMBER, 1972, AND DECLARED EFFECTIVE FROM
MAYOR
ATTEST:
/ CITylCLERK
MESSICK PROPERTY
52. ORDINANCE NO. 330
AN ORDINANCE REGULATING THE OUTSIDE STORAGE AND BURNING OF ANY
FORM OF TRASH, REFUSE, CANS, BOTTLES, GARBAGE, PAPER, RAGS, OR
ANY OTHER KINDS OF TRASH ON PUBLIC OR PRIVATE LANDS IN THE CITY
OF MOUNTAIN HOME, ARKANSAS
Section 1. From and after the passage of this Ordinance it shall
be unlawful for any person, firm, or corporation to place, store or dump
any form of trash, refuse, garbage, cans, bottles, paper, rags, or'any
other kind of trash outside any building, public or private, on public or
private land, unless such trash, refuse, cans, bottles, paper, rags, or
any other kinds of trash be first placed in a container of metal or
plastic properly covered to prevent spillage, molestation by animals,
scattering by winds ar other method.
Section 2. No person, firm or corporation shall kindle or main-
tain any bonfire or burn trash, lumber, leaves, straw, or any other com-
bustible material in any street or alley. No person, firm or corpora-
tion shall burn on any other premises, unless said burning is done in a
metal or masonry receptacle, covered with a mesh of not greater than one
inch, unless a permit be obtained pursuant to Section 3 of this Ordinance.
Receptacles for burning shall be kept in good repair, in neat condition,
free of noxious odors. The Chief of the Fire Department shall approve
the material and the location of all Commercial Incinerators. The stack
shall be covered with mesh of not greater than one inch.
Section 3. The Chief of the Fire Department may issue a permit for
the burning of leaves or other materials outside receptacles. The appli-
cation for such permit shall give the time and place of the burning and
shall be made at least four hours prior to such burning. All permits
shall include, as restrictions thereon, the safety standards set out in
Section 4 hereof.
Section 4. No person, firm or corporation shall burn any materials
permitted to be burned under this Ordinance, without a container, unless
the following safety standards be observed:
(1) Burning shall be on a "still day".
(2) All burning shall be constantly supervised by a person of
not less than sixteen years of age.
(3) All burning shall be conducted at least ten feet from any
building or other structure.
Section 5. No person or persons shall dispose of, or place in any
burning receptacle, any garbage, motor car oil drainings, tires, tar-
paper, or any other substance or material that will result in a dense
smoke or an offensive odor.
Section 6. Any person, firm or corporation who shall violate the
provisions of this Ordinanee shall be deemed guilty of a misdemeanor and
upon conviction shall be fined in any sum not less than Ten Dollars ($10.00)
nor more than Fifty Dollars ($50.00).
Section 7. The Police Officers of the City and the City Health
Officer are hereby authorized to enforce the provisions of this order.
Section 8. If any section of this Ordinance shall be found invalid,
the invalidity of that section shall not make invalid the provisions of
other sections of this Ordinance.
Section 9. Ordinance 196 and all other Ordinances or parts of_ Ordi-
nances in conflict herewith are hereby repealed.
Section 10. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency ~s
hereby declared to exist and this Ordinance shall be in full force and
effect from and after its passage.
This Ordinance passed and approved this 13th daY~Of November, 1972.
dd/J~~~ MAYOR
ATTEST:
/ CITY CLERK
ORDINANCE NO.~
AN ORDINANCE ANNEXING AND ZONING PROPERTY CONTIGUOUS THEREWITH

TO THE CITY OF MOUNTAIN HOME, ARKANSAS

real property hereinafter described have filed a Petition in writing,
praying that said property be annexed and zoned to the City of Mountain
Home, Arkansas, for the purposes hereinafter set out, and;
WHEREAS, After due notice as required by law, the City Council of

owning the majority in value of real property within said territory,
and;

Mountain H~me, Arkansas, and after a hearing in said Court an order was
taken on September 5, 1972, in chich it was determined thaat due Notice
of hearing on such Petition was published as required and that the
Petition was in proper order,
Whereas, the Planning Commission of the City of Mountain Home,

Baxter County, Arkansas, has made an affirmative recommendation that
said land be zoned residential, R-2,
NOW, THEREFORE, be~it ordained by the City Council of the City of


home, Arkansas, the following described property, to-wit:
All that part of the st

Nwt of Section 33
Twp. 20 North, Range 13 West, lying East of
State Highway No. 201, except the North 99
feet of the SEt Nwt, containing 34 acres,
more or less.
AND FURTHER, that said lands by zoned residential, R-2.
Passed and Approved this 27th day of November , 1972
Mayor W. W. Di kerson
7
-I
Clerk Pen lope R. Feist
NELLIE COOPER PROPERTY

ORDINANCE NO. 332
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THEREWITH TO WATER

AND SEWER IMPROVEMENT DISTRICT NO.3 OF THE CITY OF MOUNTAIN
,HOME;"ARKANSAS

real property hereinafter described, have filed a Petition in writing,
District No.3 of Mountain Home, Arkansas, for the purposes hereinafter
set out, and;

the City of Mountain Home, Arkasnas, has heard all persons desiring to
owning the majority in value of real property within said territory;


and Sewer Improvement District No.3 of the City Council of the City
of Mountain Home, Arkansas, the following described property, to-wit:
All that part of the st

Nwt of Section 33,
Twp. 20 North, Range 13 West, lying East of
State Highway No. 201, except the North 99
feet of the sEt
Nwt, containing 34 acres,more
or less,
for the purpose of constructing extensions to the existing sanitary

and Sewer Improvement District No.3 of Mountain Home, Arkansas, may
deem to be in the best interests of the district, and that the costs
thereof be assessed and charged upon the real properties hereinabove
Section 2. The provisions of this ordinance shall be serverabl.

The invalidity, unenforceability, or unconstitutionality of any clause,
phrase, sentence or part hereof, shall not affect the validity,
enforceability, or constitutionality of any other clause, phrase, or
part hereof.
Section 3. This ordinance in necessary for preservation of the

public health and safety~ and the same shall be in full force and
effect from and 'after its passage and publication.
Passed and Approved this 27th day of November 1972.
Nellie Cooper Property

ORDINANCE NO. 333
ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE TO

ZONING WITHIN THE CITY LIMITS OF THE CITY OF·MOUNTAIN
HOME, ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS
RESIDENTIAL R-l TO COMMERCIAL C-3

change in zoning; that said petition was submitted to the Planning
Commission of the City of MountainHome, Arkansas; that notice of said
hearing was held; that all remonstrances were heara, after which the
be rezoned.

Part of the sEt sEt Sec. 5 Twp. 19 North, Range 13

West bounded and described as follows:
Beginning at the NW corner of SEt sEt Section 5,

run thence North 88° 20' East along the N. Line of
said sEt SEt 74.5 ft. to a point, run thence South
29.64 ft. to the point of beginning for the tract herein
described, run thence South 89° 29'East 98.3 ft. to a
point, run thence South 13° 35' East Ll Z, ? ft. to a
point, run thence South 87° 10' West 99.8 ft. to a point,
run thence North 12° 16' West 118.11 ft. to the point
ofbeg:tririing~..
'contg:triing
, O.257.acres ,'more or ..I esse
That part of the sEt of sEt of Section 5, Twp. 19

North, Range 13 West, described as follows':
Beginning at the SE 1/16 corner of said section, run thence

North 88° 25' East 74.5 feet to a point, run thence
South 29.64 feet to a point; run thence South 12° 16' 15" East
118.11 feet to a point of beginning for the tract herein
conveyed, run thence South 12° 16' 15"East 118 feet to a
point on the North side of North Street; run thence North
83° 31' 130" East 101.65 feet along said street to a point;
run thence North 13° 33' West 112 feet toa point, run
thence Westerly in a straight line to the point -cf beginning.
daril~
Mayor w. ~Ckerson
Beck-Grigsby Property
ORDINANCE NO. 334
AN ORDINANCE RE-ZONING PROPERTY IN THE


praying that said property be re-zoned from Commercial, C-2 to
Commercial, C-l and;
WHEREAS,..af t.er Idu e notice as required bylaw, the City Council of

be heard and has ascertained that said Petition was signed by owning the
majority in vlaue of real property within said territory, and;
WHEREAS, a Petition was filed with the Planning Commission of

Baxter County, Mountain H)me, Arkansas, and after a hearing before
said Commission on November 20, 1972, an affirmative recommendation
was made for the property to be re"'zoned from Commercial C-2 to
Commercial C-l and;

Mountain Horne , Arkansas:
There is hereby re-zoned from Commercial C-2 to Commercial C-l

the following described property located in Baxter County, Arkansas,
to-wi t:
All of Lot # 1 and all of Lot 11 of College Heights

Addition to the City of Mountain Home, Arkansas,
except a part of Blk , # 11 described as fo llows:
From the point of beginning at the SE corner of Block 11
run West 45 feet along the South line of said lot to
a point, run thence North 12 feet, run thence East
45 feet to a point on the East line of Lot 11, run
thence South 12 feet to the point of beginning.
Also a triangular tract of the swt swt Section 4,

follows: From a point of beginning at the SW corner
of Lot # 1 College Heights Addition, run West 47 feet,
more or less, to Hwy. # 62, run thence NE with said
Hwy. to the NW corner of Lot # 1, run thence South
95 feet, more or less to the point of beginning.
Passed and Approved this 27th day of November, 1972.
L. F. Baker Property
ORDIANCE NO. 335
AN ORDINANCE AMENDING ORDINANCE

WITH RESPECT TO AREA RE-ZONED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9F MOUNTAIN HOME, ARKANSAS:

be rezoned.

ARKANSAS:

Lot No.6 of Sunset View Addition to the

City of Mountain Home, Arkansas, as shown
General Location:
This property fronts on U.S. Highway 62 SW

and is located on the northeast corner of the
intersection of U.S. Highway 62 SW and West
Fuller Street.
SUBJECT TO FILE OF BILL OF ASSURANCE.
APPROVED:
MAYOR W.W. /DICKERSON

/1
ATTEST:
CLERK PENELO E R. FEIST
William B. Miller Property

BILL OF ASSURANCE
This indenture lis given this 5th day of December, 1972, by William B.
Miller and Dorothy F. Miller, his wife, hereinafter called "Owners",
WITNESSETH:
We are the fee title owners of the following described property in

Baxter County, Arkansas, to-wit:
Lot No. 6of-'Sunset View Addition to

the City of Mountain Home, Arkansas,
_as shown by the recorded plat thereof;
and we have moved the City Council of Mountain Home, Arkansas, to rezone
the property from Residential R-l property to Commercial C~3 classification.
That the Planning Commission of the City of Mountain Home, Arkansas,

has granted its recommendation of such rezoning change provided we file
and place the following use restrictions upon the lands:
1. Under this zoning the use of the property will be restricted to

use as a residence and a beauty salon in connection with that residence,
and no additions to the premises will be made for the purpose of expanding
the commercial usage of the property.
2. All parking will be restricted to the side and back of the

improvements on the property and the front will be retained as a lawn and
yard for the Miller iesidence.
3. Owners agree to post small signs in good taste urging customers

of the beauty salon to enter and depart from the U.S. Highway side of the
property.
We, the fee owners of the above described property, hereby impose
the foregoing restrictions upon its use.
This instrument shall be binding upon the heirs and assigns of

owners until released by the property ownersonopposi te and adjoining
the above described property; or until declared by a court of competent
jurisdiction to be an arbitrary and c'apr Lciou s restriction upon the use
of the lands.
WITNESS our hands and seals on the above written date.
/s/ William B. Miller
/s/ Dorothy F. Miller
-ACKNOWLEDGMENT
STATE OF ARKANSAS )
) SS.
COUNTY OF BAXTER )
On this ~th day of December, 1972, personally appeared before me

WILLIAM B. MILLER and DOROTHY F. MILLER, his wife, known to me to be
the persons whose names are subscribed to the within Bili of Assurance
and acknowledged that they executed the same for the purposes therein
contained.
lsi Frank Huckaba

Notary Public
Seal
My Commission Expires:
April 1, 1974
ORDINANCE NO. ~
AN ORDINANCE CLASSIFYING AND DEFINING TRADES, BUSINESSES

PROFESSIONS, VOCATIONS AND CALLINGS, AND FIXING THE-AMOUNT
OF LICENSE ANY PER$ON, FIRM, OR CORPORATION SHALL PAY FOR
THE PRIVILEGE OF ENGAGING IN, CARRYING ON, OR FOLLOWING
ANY SUCH TRADE, BUS~NESS, PROFESSION, VOCATION, OR CALLING
WITHIN THE CORPORATE. LIMITS OF THE CITY OF MOUNTAIN HOME,
BAXTER COUNTY, ARKAN$AS, AND PROVIDING THE MANNER AND MEANS
OF COLLECTING SAID LI\CEJSE AND PRESCRIBING PENALTIES' FOR
VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MOUNTAIN HOME, BAXTER

COUNTY, ARKANSAS, IN REGULAR SESSION ASSEMBLED:
Section 1. That any pe~son, firm or corporation engaged in any of the

trades, businesses, or profe~pions hereinafter named, within the City Limits
of the City of Mountain Home,\.Baxter County, Arkansas on the 1st day of
January of any year shall procyre from the City Clerk of said City or the
City for each such trades, businesses, or professions-engaged in, an
occupation license, which shall\be for a period of one year beginning on
said 1st day of January and exp~ring on the last day of December of the
same year, the price of any such\license which is not procured by the 1st
day of February following said l~t day of January shall be subject to a
penalty of 20% in addition to the\price hereinafter set out in Section 3
of this ordinance; that any such p~rson, firm, or corporation who fails to
procure said license by the 1st day of March following said 1st day of
January shall be guilty of a misdem~anor and, upon conviction thereof in
the Municipal Court of said City, s~all be fined in any sum not less than
$1.00 nor more than $50.00, and eacH and every day of such violation shall
be considered a separate offen~e.
Section 2. That any person, fir~ or corporation, on beginning to

engage in any of the trades, businesse~, or professions, hereinafter
named, within the City Limits of said ()~ty, shall procure from the City
Clerk of said City or the City, for eac~ of such trades, businesses, or
professions engaged in, an occupation li~ense, which shall be for a
period beginning on the date of beginnin9\to engage in said trades,
businesses, or professions and expiring o~ the last day of the next
December; that the price of any such licen~e shall be subject to a
deduction from the price hereinafter set out of 25% for each complete
3 months period from the preceding January up the date on which said
person, firm or corporation begins to engage\in said trade, business or
profession; that the price of any such licens~ which is not procured
by the date one calendar months from the date ~n which said person,
firm or corporation begins to engage in said trade, business or profession,
shall b~ subject to a penalty of 20% in additioq to the price hereinafter
set out in Section 3 of this Ordinance; that any, such person, firm or
corporation who fails to procure said license by the date of two calendar
months from the date on which such person, firm or, corporation begins to
engage in said trade, business or profession shall\pe guilty of a misdemeanor
and; upon conviction thereof in the Municipal Cour t rof said City shall be
fined in any sum not less than $1.00 and not more tha0 $ 50.00, and each
and every day of such violation shall be considered a\peparate offense.
Section 3. That the trades, businesses and professions for which

occupation licenses must be obtained when said trades, bvsinesses, and
professions are engaged in within the City Limits of sai~ City ~hd the
prices of said licenses when there are no deductions or penal ties as
provided for in this Ordinance, shall be as indicated belo~; that a
person, firm or corporation engaging in more than one of tH~ trades,
businesses and prof essions named below shall procure an occupat i on
license for the one of said trades, businesses or professions which
carried the highest fee; that a single frim or corporation shall be
required to procure only one occupation license for each trade} business
or profession named below and engaged in by said firm or corporation,
re.gardless of . the number of people included in said firm or corporation ,
...
unless there lS more than one location in which event the firm or
corporation shall obtain a license for each location.
-2-
$ 25.00 ANNUAL FEE
UPHOLSTERY SHOP
LUNCH COUNTER
SERVICE STATION
CONTRACTORS
BARBER SHOP
COURTS WITH LESS THAN SIX (6) UNITS
PHOTO STUDIOS
CAB COMPANY
ANTIQUES
LAUNDRIES '
RADI 0 REP AI R
RECAPPING PLANT
JUNK DEALER
MONU MENT WORKS
CABINET MAKER
OUTBOARD MOTOR REPAIR
COSMETIC SALES
ACCOUNTANTS
CREDIT BUREAUS
GROCERY STORES UP TO 2000 SQ. FT. OF DISPLAY SPACE
THEATRES
CHI ROP RACTORS
MOBILE HOMES ONE (U TO TWENTY -FIVE (25) UNITS
TELEVISION REPAIR SERVICE
VARIETY STORES UP TO 2000 SQ. FT. DISPLAY AREA
CLOTHING STORES UP TO 2000 SQ. FT. DISPLAY AREA
SHOE STORES UP TO 2000 SQ. FT. DISPLAY AREA
GIFT SHOPS UP TO 2000 SQ. FT. DISPLAY AREA
DRYGOODS STORES UP TO 2000 SQ. FT. DISPLAY AREA
$ 30.00 ANNUAL FEE
PAINT STORES
FLORIST
FEED STORES
PLUMBERS
ELECTRICIANS
ROOT BEER AND ICE CREAM STANDS
MANUFACTURING OR PROCESSING PLANT EMPLOYING UP TO AND ENXLUDING FIVE (5) PEOPLE
BEAUTY SHOP ,
$ 40.00 ANNUAL FEE
GARAGE
ABSTRACTORS
$ 50.00 ANNUAL FEE
ICE AND LOCKER PLANT

OPTOMETRIST
MARINE EQUIPMENT SALES AND REPAIR
WHOLESALER
TOURIST COURTS HAVING SIX (6) TO TWELVE (12) UNITS
CLEANING, PRESSING, DRY CLEANING AND LAUNDRIES
RESTAURANTS, CAFES, CAFETERIES (NOT TO INCLUBE DINERS OR LUNCHROOMS)
HOTELS, APARTMENTS OR ROOMING HOUSES ONE (1) TO TWELVE (12) RENTALS UNITS
INSURANCE AGENCY OR OFFICE OR AGENT
REAL E2iTATE AGENCY OR OFFICE OR BROKER
PLUMBING AND ELECTRICIAL SHOPS
VARIETY STORES 2001 rO 4000 SQ. FT. OF DISPLAY AREA
CLOTHING STORES 2001 TO 4000 SQ. FT. OF DISPLAY AREA
GIFT SHOP 2001 TO 4000 SQ. FT. OF DISPLAY AREA
SHOE STORES 2001 TO 4000 SQ. FT. DISPLAY AREA
DRYGOOD STORES 2001 TO 4000 SQ. FT. OF DISPLAY AREA
SPORTS STORES 2001 TO 4000 SQ. FT. OF DISPLAY AREA
LAUNDRIES, SELF SERVICE WASHER AND DRYERS
HARDWARE STORES
AUTO BARTS
ENGINEERS
MOBIL HOMES PARKS TWENTY-SIX (26) TO FIFTY (50) UNITS
GARBAGE HAULER
FURNITURE DEALER USEB
GROCERY STORES 2001 TO 4000 SQ. FT. OF DISPLAY AREA
MOVING AND STORAGE
-3-
$ 60.00 ANNUAL FEE
IX)CTORS
DENTISTS
LAWYERS
BULK OIL STATION
$ 70.00 ANNUAL FEE
DRUG STORES
TOUREST COURTS THIRTEEN (13) TO TWENTY (20) UNITS
GROCERY STORES 4001 TO 6000 SQ. FT. DISPLAY AREA
USED CAR DEALERS
MAIL ORDER HOUSE UP TO 3000 SQ. FT. DISPLAY AREA
VARIETY STORE 4001 TO 6000 SQ. FT. DISPLAY AREA
CLOTHING STORE 4001 TO 6000 SQ. FT. DISPLAY AREA
SHOE STORE 4001 TO 6000 SQ. FT. DISPLAY AREA
GIFT SHOP~4001 TO 6000 SQ. FT. DISPLAY AREA
DRYGOOD STORES 4001 TO 6000 SQ. FT. DISPLAY AREA
HOTELS, APARTMENTS OR ROOMING HOUSES THIRTEEN (13) OR MORE UNITS
$ 75.00 ANNUAL FEE
MOBILE HOME PARKS FIFTY-ONE (51) TO SEVENTY-FIVE (75) UNITS
$ 90.00 ANNUAL FEE
FURNITURE DEALER NEW

GROCERY STORE 6001 TO 8000 SQ. FT. DISPLAY AREA
BUTANE AND PROPANE GAS DEALER
COMMERCIAL FREIGHT
VARIETY STORES 6001 TO 8000 SQ. FT. DISPLAY AREA
CLOTHING STORES 6001 TO 8000 SQ. FT. DISPLAY AREA
SHOE STORES 6001 TO 8000 SQ. FT. DISPLAY AREA
GIFT SHOPS 6001 TO 8000 SQ. FT. DISP1AY AREA
DRY GOOD STORES 6001 TO 8000 SQ. FT. DISPLAY AREA
$ 100.00 ANNUAL FEE
SAND AND GRAVEL HAULERS

MANUFACTURING OR PROCESSING PLANT EMPLOYING SIX (6) TO TEN (10) PEOPLE
NEWSPAPER PUBLISHERS
FUNERAL HOMES
ANIMAL HOSPITALS
AUTOMOBILE AGENCY -NEW CARS
TOURIST COURTS TWENTY-ONE OR MORE UNITS
FARM MACHINERY AND TRACTOR AGENCY
POOL HALLS OR PLACES OF AMUSEMENT
BUILDING SUPPLIERS
RADIO AND TELEVISION STATIONS
$ 110.00 ANNUAL FEE.
GROCERY STORES 8001 TO 10,000 SQ. FT. DISPLAY AREA

VARIETY STORES 8001 TO 10,000 SQ. FT. DISPLAY AREA
CLOTHING STORES 8001 TO 10,000 SQ. FT. DISPLAY AREA
SHOE STORES 8001 TO 10,000 SQ. FT. DISPLAY AREA
GIFT SHOPS 8001 TO 10 ,000 SQ. FT. DISPLAY AREA
DRY GOOD STORES 8001- TO 10,000 SQ. FT. DISPLAY AREA
$ 125.00 ANNUAL FEE
MANFACTURING OR PROCESSING PLANTS EMPLOYING ELEVEN (11) TO TWENTY-FIVE (25)PEOPLE

LUMBER COMPANY
MOBILEH0ME PARKS SEVENTY-SIX (76) OR MORE UNITS
-4-
$ 150.00 ANNUAL FEE
BOWLING ALLEYS AND AMUSEMENT

BANKS
LOAN COMPANY, ETC~
SALE BARN
$ 200.00 ANNUAL FEE
PUBLIC UTILITIES NOT COVERED ELSEWHERE IN THIS ORDINANCE

MANUFACTURING OR PROCESSING PLANT EMPLOYING TWENTY-SIX OR MORE PEOPLE
MAIL ORDER HOUSE 3001 OR MORE SQ. FT. OF DISPLAY AREA
$ 220.00 ANNUAL FEE
GROCERY STORE OVER 10~000 SQ. FT. OF DISPLAY AREA

VARIETY STORES OVER 10,000 SQ. FT. OF DISPLAY AREA
CLOTHING STORES OVER 10,000 SQ. FT. OF DISPLAY AREA
SHOE STORES OVER 10,000 SQ. FT.- OF DISPLAY AREA
GIFT SHOPS OVER 10,000 SQ. FT. OF DISPLAY AREA
DRYGOOD STORES OVER 10,000 SQ. FT. OF DISPLAY AREA
That any such person, firm or corporation who fails to procure an

occupation license for each of such trades, businesses, or professions,
either for the period and at the price set out above in this Section on
the first day of engaging in said trade, business, or profession shall be
guilty of a mfscfeineanor and, upon conviction thereof in the Municipal
Court of said City, shall be fine in any sum not less than $ 1.00 nor more
than $ 50.00, and each and every day of such violation shall be considered
a separate offense.
Section 4. That when the building, shed or vehicle in which a

person, firm or corporation has been engaging in any of the trades,
businesses, or professions hereinbefore named and the stock of
merchandise, if any, is transferred or assigned to another person, firm
or corporation for use in engaging in the same trade, business or
profession, the occupation license in force at the time of the transfer
or assignment may be transferred to the new owner if the parties to said
transfer or assignment so desire; that said transfer shall be by means
of a written assignment of said license, signed by the former owner of
said license, and placed on or attached to said license, ahd by-notifying
the City Clerk of-said €ity or the City of said transfer in order that
he may adjust his records accordingly.
Section 5. Any business, profession or occupation not specidically

mentioned in this ordinance shall be charged at the rate of $ 25.00 per
year.
Section 6. All of the above fees may be paid in semiannual

installments with one-half of said fee to be paid on January 1 and the
balance to be paid on or before August 1 of each year. A penalty of 20%
in addition to the amount of said payment may be assessed for any such
pawment received after August 1. Any person, firm or corporation who
fails to pay said semiannual installment elSeptember 1 shall be guilty of
a misdemeanor and upon conviction thereof~the MuniCipal Court of
Mountain Home, Arkansas, shall be fined in any sum not less than $ 1.00
and not more than $ 50.00 and each and every day of such violation shall
be considered a separate offense.
Section 7. If any section of this ordinance should be held by the

Courts to be unconstitutional that ruling shall in no way impair the
validity of the remaining parts of this ordinance.
Section 8. All ordinances or parts of ordinances in conflict

Section 9. This ordinance shall be in effect beginning January 1, 1973.

and being necessary for the immediate preservation of the public peace,
health and safety of the people of Mountain Home, Arkansas, an emergency
--5-
is hereby declared to exist and shall be in full force and effect from
and after its passage and publication.
PASSED AND APPROVED THIS 27TH DAY OF NOVEMBER, 1972.
mRgyg;JJ~~
MAYOR -W.W •.. DfCKER~~ .
/
ATTEST:
ORDINANCE NO. 337 _
AN ORDINANCE REZONING CERTAIN PROPERTY IN

THE CITY OF MOUNTAIN HOME, ARKANSAS
WHEREAS, a Petition has been submitted in writing to the City

Council by the owner of the property hereinafter described praying
that the prope:;:-ty
.be re,zoneCl,;
and,
WHEREAS, qfterque no t.i c e.vas crequired by law, the Planning

c
Commission of the City of MountainHome has heard all persons desiring

to be heard at a public hearing on the 20th day of November, 1972, has
ascertained that the Petition was in proper form, that all legal
requirements have been complied with; and,
~WHEREAS, the Planning Commission has approved that said :rezoning

be granted and have recommended to the City Council that such action
be taken;

MOUNT AIN HOME, ARKANS/!,S:
The following described property should be and is hereby rezoned

from Residential (R-l) to Commercial (C-3), to-wit:
Beginning at the intersection of the Streets

running East and West on the South side and
North and South on the West side of what is
known as the Old Mountain Home, Arkansas College
Campus, and at this date the Morton Hotel Property,
said intersection of said Streets being commonly
accepted SW corner of the Nwt of NEt of Section 9
Township 19 North, Range 13 West, running East with
the center of said Street 332 feet, thence North
192 feet to a point on an East and West line
midway between the Morton Hotel and the former
Administration Building of the Mountain Home
College - this East and West line running 45
feet and 3 inches North of the North end of the
Morton Hotel Building; thence West along the
East - West midway line to the center of the
street running North and South in front of
the Morton Hotel; thence South 192 feet to fue
point of beginning, the same being a part of
the swt Nwt NEt of Sec. 9, Twp. 19 North, Range
13 West, known also as the Memorial Funeral Home,
321 South College Street,
AND,
A Part of the swt of NEt of Section 9, Township

19 North, Range 13 West, bounded and described as
follows: Beginning at the accepted NW corner of
said swt NEt Section 9, run thence South 337 feet
to the North line of Sixth Street, this to be the
point of beginning for the tract herein described:
run thence East along the North line of Sixth Street
198.6 feet to a point that is 118.4 feet West of the
.'SWcorner of Lot 5, Key's 2nd Addition to Mountain
Home, run thence North 109 feet to a metal stake,
this point is 122.3 feet West of the West line of
said lot 5, Key's 2nd Addition, run thence West
198.6 feet, more or less to the East boundary of
College Street, run thence South along the East
boundary of College Street, 109 feet, more or less
to the point of beginning, also known as The Gallery,
503 South College,
AND,
A part of the swt NEt and any part of the sEt Nwt
within the following boundaries. Begin at the NW
corner of the Kate M. Winters enclosure, about 25 ft.
Jim McClure Property
-L-
SE of the intersection of the streets running

N. and S. on the W. side and E. and W. on the S.
side of the old Mountain Home College Campus;
run thence S. 14 2/5 rods to the SW corner of the
Kate M. Winters tract; thence run E. 15 rods to
the SE corner of said tract; run thence N: 14 rods
to the NE corner of said tract; run thence W. 15
rods to the NW corn~r of said tract and the
beginning point, containing approximately 1 1/3
acres and being situated in the town of Mountain
Home, Arkansas and known as the Kate M~ Winter
tract. Except that pcr t i on of said lands_ .
described as follows: Begin at-the:intersection
of the S. side of 4th Street and the approx. E.
side of College Street said point of beginning
being 2.5 feet E. of the utility pole, run E.
along the S. side of 4th Street and parallel to
the 1/16 Sec. line 247.5 feet to a point formerly
known as the NE corner of the Winters tract, run
thence S. 130.25 feet run thence W. 247.5 feet to
the E. side of College Street and to a point
2 feet N. of a concrete curb, run thence N. 130.25
feet to the place of beginning, containing .74
acres, more or less, all in Section 9, Twp. 19
North, Range 13 West, also known as Miss Carol's
Day School, 407 South College,
AND,
A part of the swt of set of Section 9, Township 19

N. R. 13 West, bounded and described as follows: To
ascertain the point of beginning for the tract
herein conveyed, begin at the intersection of the
streets intersecting at the NW corner of the Carl
Keys property and the SW corner of the Morton
Hotel property, which point of intersection--is commonly
1 . 1
known as the NW corner of the Swt NEt but may be
incorrect as to the true line; from such intersection
run South with the center of College Street 409.6 feet
to a point, run thence East 15 feet to the West
boundary of the tract herein described, which point
is the point of beginning; run thence East 300 feet
to a point; thence run South 165.6 feet to a point
run thence West 46.9 feet to a point, run thence
south 30.8 feet to a point, thence West 253 feet to
a point on the East boundary of College Street;
run thence North with the East boundary of College
Street 196.4 feet to the point of beginning, also
known as the Chambers property.
PASSED AND APPROVED ON THIS THE 18TH DAY OF DECEMBER, 1972.
APPROVED:
MAYOR
ATTEST:
ORDINANCE NO. -----
338
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS

THEREWITH TO THE CITY OF MOUNTAIN HOME,
ARKANSAS

Arkansas for the purposes hereinafter set our; and,
WHEREAS, after due notice as required by law,the City Council of

owning the majority in value of real property within said territory; and,
WHEREAS, a Petitlon was filed in the County Court of Baxter County,

Mountain Home, Arkansas, and after a hearing in said Court an Order was
taken on November 10,1972, in which it was determined that due Notice of
Hearing on such Petition was pubiished as required and that the Petition
was in proper order;


All of the following land located in

Township 19 North, Range 13 West,
Baxter County, Arkansas:
areas situated therein.
PASSED AND APPROVED THIS 18 day of December 1972.
w. w. Di~son Mayor .
Carlile Highlands
ORDINANCE NO. 339

AREA ZONED AS RESIDENTIAL R-l to
COMMERCIAL C-2


ARKANSAS:

and is hereby changed in zoning from Residential R-l to Commercial C-2.
A part of the S!-NEt Section 17, Township 19 North,

Beginning at the NW corner of the swt NEt and run
thence East 9 rods to a point, continue thence East
181!- feet to a point of beginning for the t.r act herein
described, run thence South 660 feet to a point, run
thence East to a point of intersection with Highway
No. 62, run thence Northeasterly along the boundary
of Highway No .62 to the North line of the sEt NEt,
run thence West along the North line of the S!-NEt
This property is South of Armory Road and North and West

Highway 62 S. W.
ENACTED THE 18th day of December, 1972, AND DECLARED EFFECTIVE

FROM AND AFTER ISTS PASSAGE.
ATTEST:
Gene Baker Property

G8 68
ORDINANCE NO. ·340_

HOME, ARKANSAS, RELA TIVETO CHANGING
AREA ZONED AS RESIDENTIAL R-l TO
COMMERCIAL C-3

be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY

.
COUNCIL
.
OF MOUNTAIN HOME,
ARKANSAS:

A part of the swt of the set of Section 5,

Township 19 N)rth, Range 13 West described as
follows: Begin at the NW corner of the swt
of the SEt of Section 5 and run N. 88° 26'
E. 280.77 feet, t~ence S. 1° 34' E. 237.41 feet
thence N. 88° 26' E. 316.29 feet, thence S. 76°
56' 30" E. 45.9 feet, thence S. 78° 24' 30" East
108.95 feet, thence S. 78° 2' 45" E. 95.8 feet,
thence S. 87° 35' 15" E., 100.31 feet toa point
of beginning. From the point of beginning run
S. 1° 34' E.815 feet, thenc~ N. 87° 26' E.,
264 feet thence N. 1° 34' W. 815 feet, thence S.
87° 26' W. 264 feet to the point of beg~oning.
Containing 4.95 acres.
ENACTED THE 18TH DAY OF DECEMBER, 1972,AND DECLARED EFFECTIVE

ATTEST:
RECORDER /' (
Jack Wilson Property

69
\
~RDINANCE NO. 341
AN ORDINANCE CLASSIFYING AND DEFINING TRADES,

BUSINESSfS, PROFESSIONS, VOCATIONS AND CALLINGS,
AND FIXII';lG
THE AMOUNT OF LICENSE ANY PERSON,
FIRM, ORjFORPORATION SHALL PAY FOR THE PRIVILEGE
OF ENGAGII';lGIN, CARRYING ON, OR FOLLOWING ANY SUCH
TRADE, BUSJNESS, PROFESSION, VOCATION, OR CALLING
WITHIN THE\CORPORATE LIMITS OF THE CITY OF MOUNTAIN
HOME, BAXTEJt COUNTY, ARKANSAS, AND PROVIDING THE
MANNER AND MEANS OF COLLECTING SAID LICENSE AND
PRESCRIBING ',PENALTIES FOR VIOLATION OF THIS
ORDINANCE;
BE IT ORDAINED BY THEi.COUNCIL a: THE CITY OF MOUNTAIN HOME,

BAXTER COUNTY, ARKANSAS, IN RE~ULAR SESSION ASSEMBLED:
That the following cat~gories of Section 3 of Ordinance No.336

passed and approved by the Coun~il of the City of Mountain Home, Baxter
County, Arkansas, in regular ses~ion of assembly on the 27th day of
November, 1972, be amended to reap as follows, to-wit:
$110.00 ANNUAL FEE
GROCERY STORES 8001 to 10,000 SQ. F~. DISPLAY AREA

VARIETY STORES 8001 to 10,000 SQ. FT.• DISPLAY AREA
CLOTHING STORES 8001 to 10,000 SQ. F~. DISPLAY AREA
SHOE STORES 8QOl to 10,000 SQ. FT. D~pPLAY AREA
GIFT SHOPS 8001 to 10,000 SQ. FT. DIS~LAY AREA'
DRYGOOD STORES 8001 to 10,000 SQ. FT.'ipISPLAY AREA
$130.00 ANNUAU.FEE
GROCERY STORES 10,001 to 12,000 SQ. FT. ~ISPLAY AREA

VARIETY STORES 10,001 to 12,000 SQ. FT. D~SPLAY AREA
CLOTHING STORES 10,001 to 12,000 SQ. FT. Of SPLAY AREA
SHOE STORES 10,001 to 12,000 SQ. FT. DISPL~Y AREA
GIFT SHOPS 10,001 to 12,000 SQ. FT. DISPLAt¥AREA
DRYGOOD STORES 10,001 to 12,000 SQ. FT. DIS~LAY AREA
$150.00 ANNUAL FEE
BOWLING ALLEYS AND AMUSEMENT

BANKS
LOAN COMPANY, ETC.
SALE BARN
GROCERY STORES 12,OQl to 14,000 SQ. FT. DISPLAY A~EA
VARIETY STORES 12,001 to 14,00D SQ. FT. DISPLAY ARfA
CLOTHING STORES 12,001 to 14,000 SQ. FT. DISPLAY ARfA
SHOE STORES 12,001 to 14,000·SQ. FT. DISPLAY AREA
GIFT SHOPS 12,001 to 14,000 SQ. FT. DISPLAY AREA
DRYGOOD STORES 12,001 to 14,000 SQ. FT. DISPLAY AREA
- -
$170.00 ANNUAL FEE
GROCERY STORES 14,001 to 16,000 SQ. FT. DISPLAY AREA

VARIETY STORES 14,001 to 16,000 SQ. FT. DISPLAY AREA
CLOTHING STORES 14,001 to 16,000 SQ. FT. DISPLAY AREA
SHOE STORES 14,001 to 16,000 SQ. FT. DISPLAY AREA
$190.00 ANNUAL FEE

VARIETY STORES 16,001 to 18,000 SQ. FT. DISPLAY AREA
SHOE STORES 18,001 to 18,000 SQ. FT. DISPLAY AREA
-2-
$220.00 ANNUAL FEE

VARIETY STORES 18 ,001 to 20,000 SQ. FT. DISPLAY AREA
SHOE STORES 18,001 to 20 ,000 SQ. FT. DISPLAY AREA
Section 3 is further amended to read as follows:

" That the trades, businesses and professions for which
occupation licenses must be obtained when said trades, businesses,
and professions are engaged in within the City Limits of said City
and the prices of said licenses when there are no deductions or
penalties as provided for in this Ordinance, shall be as indicated
in the original ordinance with the exceptions herein included. That
a person, firm or corporation-engaging in more than one of the trades,
businesses and profeSSions ( meaning two (2) different trades like a
gas station and used car lot ) shall procure an occupation license for
the one said trade, business or profession which carries the highest
fee; that a firm, business or corporation of a professional nature
shall procure a separate occupation license for each person practicing
said profession, or rendering said services.
That the annual occupation license for motels is hereby changed

to the following:
Tourist courts are hereby classified in the catagory with

motels and shall pay the same fee therefor.
1. Motels with one (1) to twelve (12) units shall pay an

annual occupation tax of $25.00.
2. Motels who have over twelve (12) units shall pay an

occupation tax of #3.00 per unit on all units beginning
wi th Uni t #1.
That the annual occupation license for apartments and duplexes

is hereby changed to the following:
Duplexes and apartments with one (1) to twelve (12) units shall
pay an annual occupation tax of $50.00;
Duplexes and apartments with thirteen (13) to twenty (20) units

shall pay an annual occupation tax of $70.00;
Duplexes and apartments with twenty-one (21) to thirty (30)

units shall pay an annual occupation-tax-of $90.00;
Duplexes and apartments with thirty-one (31) to forty (40)

units shall pay an annual occupation tax of $110.00;
Duplexes and apartments with forty-one (41) to fifty (50)

Duplexes and apartments wi th fifty-one (51) to sixty (60)

Duplexes and apartments with sixty-one (61) to seventy (70)

Duplexes and apartments with seventy-one (71) to eighty (80)

Duplexes and apartments with eighty-one (81) to ninety (90)

Duplexes and apartments with ninety-one (91) to one hundred (100)

uni ts shall pay an annual occupation tax of $230.00.
Under the $50.00 annual fee, veterinarians are hereby included.
The fOllowing sections of Ordinance 336 are hereby ratified and

confirmed:
-3- 'II
Section 7. If any section of this ordinance should be held by

the Courts to be unconstitutional that ruling shall in no way impair the
validity .o f vthe remaining parts of this ordinance.
Section 8. All ordinances or parts of ordinances in conflict

Section 9. This ordinance shall be in effect beginning January 1,

1973 and being necessary for the immediate preservation of the public peace,
PASSED AND APPROVED This 27th day of D~cember , 1972.
ATTEST:
72
ORDINANCE NO. 342
AMENDMENT TO ORDINANCE NO. 268
AN ORDINANCE IMPLEMENTING ORDINANCE NO. 235 WITH RESPECT

TO FIXING RATES TO BE CHARGED FOR CONNECTION TO THE WATER
AND SEWER SYSTEM OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
REPEALING ORDINANCES IN CONFLICT THEREWITH AND DECLARING
AN EMERGENCY.
WHEREAS, the Gity of Mountain Home, Arkansas requires a meter

deposit for the furnishing for water from its waterworks system; and,
WHEREAS, the current deposit .on.rr

e.si derrti aI units is hereby
deemed to be inadequate.
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF

That Section 2 of Ordinance No. 268 should be amended to add

the meter deposit for residential rental houses at $25.00. The regular
res i den t i a I meter deposit shall remain the same, $10.00.
This Ordinance shall -be in effect beginning January 1, 1973

and being necessary for the immediate preservation offue public peace,
PASSED AND APPROVED This 27th day of December, 1972.
ATTEST:
ORDINANCE NO. 343

WHEREAS, persons claiming to be amajority in value of the owners

of real property hereinafter described have filed a petition in writing,
for the purposes hereinafter set our, and

the City of Mountain Home,Arkansas, has heard all persons desiring to be
heard and has ascertained that said petition was signed by persons owning
WHEREAS, a petition was filed in the County Court of Baxter

County, Mountain Home, Arkansas, and after a hearing in said Court an order
was taken on December 18, 1972, in which it was determined that due Notice
of Hearing on such Petition was published as required and that the
Petition was in proper order,

There is hereby annexed to and made apart of the City of

Mountain Home, Arkansas, the following described property, to-wit:
That part of the sEt of the Nwt described as follows:

Beginning at the Northeast corner of said forty, run
thence West 66 rods; thence South 68 rods; thence East
66 rods; thence North 68 rods to the point of beginning,
containing 28 acres, more or less;
All that part of the NEt of theNwt lying South of U.S.

Highway #62 except the tract known as the Goodall Family
Cenetery,, containipg 7 acres, more or less;
all in Section 3, Township 19 North, Range 13 West and

cont~ining in the aggregate 35 acres, more or less.
PASSED AND APPROVED This 22nd day of January, 1973.
ATTEST:
Wiseman-Nelson Property
ORDINANCE NO. 344

WHEREAS, Bill Wisemam and Neil Nelson, owners of real property

hereinafter dexcribed, have filed a Petition in writing, praying that
said property be annexed to Water and Sewer Improvement District No.3
of Mountain Home, Arkansas, for the purpose hereinafter set out, and;

to be heard and has ascertained that said petition was signed by Bill
-Wiseman and Neil Nelson, owners of said property within said territory;
NOW THEREFORE, be it ordained by the City Council of the Ci ty


and Sewer Improvement District No.3 of the City of Mountain Home,
That part of the sEt of the Nwt dexcribed as

follows: Beginning at the Northeast corner of
said forty, run thence West 66 rods; thence
South 68 rods; thence East 66 rods; thence North
68 rods to the point of beginning, containing 28
acres, more or less;
All that part of the NEt of the Nwt lying South

oI U.S. Highway #62 except the tract known as
the Goodall Family Cemetery, containing 7 acres,
more or less;
all in Section 3, Township 19 North, Range 13

West and containing in the aggregate 35 acres,
more or less.
for the purpose of construction extensions to the existing sanitary

and Sewer Improvement District No.3 of Mountain Home, Arkansas, may
deem to be in the best interest of the district, and that the costs
-t-her eo f be assessed -anc -char-qed-upon the real properties hereinabove
Section 2. The provisions of this ordinance shall be severable.

The invalidity, unenforceability, or unconstitutionality of any clau~e,
phrase, sentence or part hereof, shall not effect the validity,
enforceability, or constitutionality of any other clause, phrase, or
part hereof.
Section 3. There is an immediate need for constructing

extensions to existing sanitary sewer system and water system, as the
same now exists, to serve the property within the boundaries hereinabove
described. Therefore, an emergency is hereby declared to exist, this
ordinance being necessary for preservation of the public health and
safety, the same shall be in full force and effect from and after its
PASSED AND APPROVED This 22nd day of January, 1973.
APPR~~_: I /)
dJ!lJVA~
MAYOR /
/
!
/
ATTEST:
ORDINANCE NO. 345
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH

RESPECT TO AREA RE-ZONED

petition and a publix hearing thereon was published in a newspaper having
on subject property in accordance witn Ordinance No. 283; that a public
hearing was held; that all remonstrances were_heard, after which the
be rezoned.

ARKANSAS:

A part of the sEt NEt Section 4, Township 19 North, Range

13 West, Baxter County, Arkansas, described as follows:
Beginningat-a.point A04feetLmoreorless ~No+tfiEofthe SE
corner of saidforty;- run thence West 208 feet, run thence
North 377.5 feet, to a point on the South side of U.S. Hwy.
#62, run thence in an easterly direction along said Hwy.
218 feet more or less to a point on the East line of said forty,
run thence South 457 feet to the point of beginning fur the
tract herein described, containing 2 acres more or less.
Property is generally described as that property lying immediately

East of the new Wal-Mart property having 218 feet of frontage
on the South side of Highway # 62 and running back along
Neil Collie's road a distance of 457 feet.
ENACTED THE 22nd DAY OF JANUARY, 1973, AND DECLARED EFFECTIVE

FROM ANDAFTE.R IT'S PASSAGE.
ATTEST:
CITY CLERK
Lewis-McDaniel Property
ORDINANCE NO. 346
AN ORDINANCE RE-ZONING PROPERTY IN THE CITY OF .

.WHEREAS, persons claiming to be amajori ty in value of the

owners of r~al property hereinafter described have filed a Petition in
in writing, praying that said property be rE?-ioned from Residential,
R-l to Commercial, C-2, and;

and; .

Baxter County, Mountain Home, Arkansas, and after a hearing before said
Commission on January 15, 1973, an affirmative recommendation was made for
the property to be re-zoned from Residential, R-l to Commercial, C-2, and;
NOW, THEREFORE, be it ordained by the City Council of me City of

There is hereby ~zoned from Residential, R~l to Commercial,

C-2, the fo l'lowing described property located in Baxter County, Arkansas,
to-wit:
Part of the Nwt NEt Section 3, Township 19 North,

Range 13 West bounded and described as follows:
BE?ginning at the East line of said forty and the

South line of Hwy. 62, run thence South 5 ° 00 '
West 510 f eetrto apoint;rui1c.±henc§No:rthZ33°
30' West 288.6 feet to a'point, run thence North
336 feet more or less to the South boundary of
Hwy. 62, run thence in a NE direction along South
boundary of said highway, 345 feet to the point of
beginning, containing 2 1/3 acres, more OT less ,also
described as that property lying·directly in front c
of the Farm Restaurant.
PASSED AND APPROVED THIS 22nd DAY OF JANUARY, 1973.
APPROVED:
a&~a~~
MAYOR
ATTEST:
John Speight Property

ORDINANCE NO. 347
AN ORDINANCE RE-ZONING PROPERTY IN THE CITY OF


of real property hereinafter described have filed aPeti tion in writing,
praying that said property be re-zoned from Residential, R-l to Commercial
C-2.

the City of Mountain Home,Arkansas, has heard all persons desiring to be
heard and has ascertained that said Petition was signeg be persons owning
the majority in value of real property within said territory, and;

commission on January 15, 1973, "an affirmative recommendation was made
for the property to be re-zoned from Residential, R-l to Commercial C-2.

There is hereby re-zoned from Residential, R-l to Commercial C-2

the following described property located in Baxter County, Arkansas, to-wit:
1 1 1 1
A part of the NW;t of SW;t and part of the SW;t NW;t, of Sec.
9, Township 19 North, Range 13 West, bounded and described
as follows: Begin at the SE corner of the swt Nwt and run
thence North 50 feet to a point, run thence West 386 feet
to a point, run thence South 75° West 206.5 feet to a point
of beginning for the tract herein described; run thence South
4~ West 165 feet to a point, run thence West 112 feet to a
concrete curb that runs North to South across said tract,
run thence South along the concrete curb 100 feet to a point,
run thence West 268 feet to a ditch, run thence in a
Northeasterly direction with the meanderings of said ditch
to a point, which is South 87° West 227 feet from the point
of beginning, run "i:hel1ceNorth 87° East 227 feet to the
point ~ofbegiinning,-also..:described as that property lying
directly in back of the Green Gables Motel.
PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 1973.
ATTEST:
James G. Stark Property

ORDINANCE NO. 348
ORDINANCE WITH REFERENCE TO ZONING WITHIN THE CITY LIMITS

OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING
AREA ZONED A RESIDENTIAL R-l TO COMMERCIAL C-3

a change in zoning; that said petition was sUbmitted to the Planning
public hearing was held; that all remonstrances were heard, after which
after be rezoned.

ARKANSAS:

A strip of land 150 feet by 200 feet-located in the

set of the Nwt of Section 10, Township 19 North, Range
13 West with a restriction that no structure be built
within 130 feet from the center line of the highway.
This property fronts on State Highway 5 South, bounded
by Deans Feed Store on the East, Highway 5 on the South
and the Joe Brunson property on the North and West.
ENACTED THE 22ND DAYGF JANUARY, 1973, and DECLARED EFFECTIVE

LJ~~~_
=.,.' .•
~AP~P..<S>o.RO..::<::::V
MAYOR
ATTEST:
Joe Brunson Property

ORDINANCE NO.~

TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 TO THE
CITY OF MOUNTAIN HOME; ARKANSAS; ACCEPTING THE
ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
MOUNTAIN HOME, ARKANSAS, MAKING THE SAME A PART OF THE
CITY, AND ASSIGNING THE SAME TO WARDS
Arkansas, by the real estate owners of the land hereinafter described,
pray that said land be annexed to and made a part of the City of Mountain
Home, Arkansas, and
WHEREAS, on the 14the day of February, 1973, the County Court of Baxter
County, Arkansas, found that said petition was signed by all of the fee
simple owners of the said property; that the said territory is contiguous
to the present corporate limits of the City of Mountain Home, Arkansas;
that accurate plats or maps of said territory showing its relationship
to the present city had been filed and made a part of said annexation
petition; that proper notice had been given for the time and in the manner
prescribed by law; and that said lands and territory should be annexed to
the City of Mountain Home, Arkansas, subject to the acceptance of the same
by the City Council of said city at the proper time as provided by law, and
taken from said order, and
WHEREAS, the same petitioners have petitioned, in writing, to the

City of Mountain Home, Arkansas, praying that said property be annexed
to Water and Sewer Improvement District No.3 of the City of Mountain
Home, Arkansas, for the purposes hereinafter set out,and

to be heard and has ascertained that said petition was signed by all the
owners of the real property in said territory,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the

City of Mountain Bome, Arkansas:
Section 1: That the following described lands in territory contiguous

and adjoining the Ctiy of Mountain Home, Arkansas, and to Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas, be
and the same is hereby accepted and annexed to the City of Mountain Home,
Arkansas and Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, to-wit:
Tract 1
That part of the swt SWt-Secti on 3, and that part of tre Nwt
Nwt Section 10, Township 19 North, Range 13 West, Baxter
County, Arkaffias, described as follows: Beginning at the
NW corner of said Section 10, said point being in the center
line of Buzzard Roost Road; thence South 01 deg. 59' 53" West
229.4 feet along said center line; thence South 89 deg. 41' 30"
East 431.39 feet; thence North 13 deg. 13' 04" East 269.85 feet
to the South right of way of First Street; thence North 89 deg.
41' 30" West 484.5 feet along said -right of way to the center
line of Buzzard Roost Road; thence South 01 deg. 46' 36" West
34.10 feet along said center line to the point of beginning, contain-
ing 2.8 acres, more or less, subject to the right of way of existing
Buzzard Roost Road. EXCEPT therefrom all that part thereof
which has been subdivided into Block 10, Indian Creek Unit 2,
a subdivision according to the plat thereof.
l
Tract 2
The North 5.1 acres of that part of the Nwt Nwt Section 10,
Township 19 North, Range 13 West, Baxter County, Arkansas,
described as follows: Beginning at a point South 1 deg. 59'
53" West 229.04 feet from the NW corner of said Section 10
INDIAN CREEK
said point being in the center line of Buzzard Roost Road; thence
South 1 deg. 59' 53" West 1005.21 feet along said certer line;
thence South 84 deg. 07' 52" East 281.66 feet; thence North
7 deg. 24' 25" East 504.21 feet, thence North 12 deg. 51' 38"
East 544.74 feet, thence North 89 deg. 41' 30~ West 431.39 feet
to the point of beginning, containing 8.1 acres, more or less,
subject to the right of way of existing Buzzard Roost Road.
Tract 3
That part of the swt swt, Section 3, Township 19 North, Range

13 West, Baxter County, Arkansas; more particularly described
as follows: From the NW corner of said swt swt Section 3,
run thence along the center line of Buzzard Roost Road South
89 deg. 42' 05" East 700.50 feet to a point of beginning; thence
South 13 deg. 24' 38" West 711.70 feet; thence North 74 deg.
42' 24" East 295.84 feet, thence North 65 deg. 00' 45" East 202.9
feet, thence North 78 deg. 58' 24" East 100.50 feet, thence North
60 deg. 31' 51" East 118.51 feet; thence North 00 deg. 17' 55"
East 448.73 feet to the center line of Buzzard Roost Road, thence
along said center line North 89 deg. 42' 05" West 507.64 feet
to the point of beginning, containing 7.72 acres, more or less,
subject to the right of way of Buzzard Roost Road.
Tract 4
Indian Creek, Unit 2, a subdivision as shown by the recorded

plat thereof.
Section 2: Tracts 1 and 2 and 3 are designated as ·zoned Residential

R-2; Tract 4 is zoned Residential R-l.
Section 3: That the above described territory shall be annexed

to and made a part of Ward 2 of the City of Mountain Home, Arkansas,
and the same henceforth be a part of said Ward as fully as existing parts
of said Ward.
Section 4: Extensions to the existing sanitary sewer and water

systems as may now exist may be built to serve the property within the
bounds of the above described territory in such manner and with such
materials as the Commissioners of Water and Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas may deem to be the best
interest of the said District. The costs thereof may be assessed upon the
PASSED AND APPROVED this 26th day of February 1973.
L)
~rdtL·~~
APPZOV':
c.". 1;'
MAYOR
/
W. ~. DICKERSON
ATTEST:
/
Indian Creek
ORDINANCE NO. 350
AN ORDINANCE RE-ZON1NG PROPERTY IN THE CITY OF

MOUNTAtN HOME, ARKANSAS

praying that said property be re-zoned from Residential, R-lto Commercial
C-3, and;
the majority in value of :real property within, said territory, and;
WHEREAS, a Petition was filed with the Planning Commission of Baxter

County, Mountain Home, Arkansas, and after a hearing before said
Commission on February 19, 1973, an affirmative recommendation was made
for the property to be re-zoned from Residential, R-l to Commercial, C-3,
and;

There is hereby rezoned from Residential, R-l to Commercial C-3, the

following described property located in Baxter County, Arkansas, to-wit:
All of Lot No.4 and the North 43 feet of Lot No.3

all in College Addition to the Town of Mountain Home
Arkansas, as shown by the recorded plat thereof, being
110 feet frontage on College Street, better known as
217 South College.
z:2
APPROVED,
..12fg(~,
MAYOR W.W./DICKERSON
ATTEST:
LANDIS PROPERTY
ORDINANCE NO. 351
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE

TO ZONING WITHIN THE CITY LIMITS OF -THE CITY OF
MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA
ZONED AS RESIDENTIAL R-l TO COMMERCIAL C-2

ARKANSAS:

Commission of the City of Mountain Homw, Arkansas; that notice of said
local circulation as required by Ordinance No. 163; that a public
Planning Commission recommended that all properujdescribed hereinafter
be rezoned.
IT IS THEREFORE ORDAINED BY-THE CITY COUNCIL OF MOUNTAIN HOME,

ARKANSAS:

A part of the Northwest Quarter Nwt of the Southeast

Quarter (set) of Section Four (4) Township Nineteen (19)
North~ Range Thirteen (13) W described as follows:
From the Northeast corner 'of said Nwt set Sec ~ 4. Tp : 19,
N. R. 13 West, run West along the North side thereof 47
feet t.o dhe South side MU.S. Hi qhwa y rno , 62 Right-:-of-
way, 801.5 feet to a Walnut tree for the place of
beginning. From the place of beginning run South 56°
East 166 feet; run thence South 69° East 24 feet,
Thence South 69° East 151 feet,- thence South 7° East
132 feet, thence North 83° ro'- East 123 feet,thence North
4° West 215 feet, thence North 56° West 354 feet to the
South side cr Highway #62, thence South 38° West along the
South side of said Highway, 184 feet to the Walnut tree
and the point of-beginning.
ENACTED THE 26TH DAY OF FEBRUARY, 1973, AND DECLARED EFFECTIVE FROM
~~OZ:1(')
~V~1~
MAYOR W./ w. DICKERSON
ATTEST:
ALLEN PROP ERTY

ORDINANCE NO.~_

MOUNTAIN, ARKANSAS, RELATIVE TO CHANGING AREA ZONED

ARKANSAS:

change in zoning; that said petition was submitted to me Planning
the Planning Commission recommended that all property described hereinafter
be rezoned.
IT IS THEREFORE ORDAINED BY }THE CITY COUNCIL OF MOUNTAIN HOME,

ARKANSAS:

A part of the sEt NEt Section 9, Township 19 North, Range 13

West, described as follows: Beginning at the SW corner of the
Hart Sur~ey running West 325 links, to a stake, thence ~orth
308 links to a stake, thence East 325 links to a stake, thence
South 308 links to the place of beginning containing 1 acre,
more or less. Also a pt. sEt NEt Section 9, Township 19 North,
Range 13 West, described as follows: Beginning SE corner of
the G. C. Messick Lot run thence South 7 rods to the Mtn. Home
and Tracy Ferry Road, thence run West with said road 325 links
thence North 7 rods to theSW corner of the G. C. Messick lot,
thence East 325 link~ to the place of beginning. Also a pt.
of the sEt NEt Section 9, Township 19 North, Range 13 West,
described as-follows: Beginning at the NW corner of said sEt
NEt and run South 52 rods to a Hickory stump at the NW corner
of the James Tract lot run thence East with the North line of
the Tract Lot 21 rods and 4 links for a beginning point, run
thence South with the East line of the Tracy Lot 13 rods and
15 links to the NW corner of the T. N. Martin lot, thence East
with the North line of the T. N: Martin lot-325 link~, fuoie or
less, to the West line of the Pisek lands, thence North 13
rods and 15 links thence West to the place of beginning, EXCEPT
the North 118 feet thereof heretofore conveyed to Glynn S. Justis.
Further except however, the above described tract shall only be

rezoned to a depth of 212 ft. from the North right-of-way line
of Highway 5 South.
ENACTED THE 26TH DAY OF FEBRUARY, 1973, AND DECLARED EFFECTIVE

APPROVED:
_u/L~~~
MAYOR W.W. D~
/
/
ATTEST:
Harris Property
ORDINANCE NO. 353
AN ORDINANCE TO CURTAIL THE CONSTRUCTION OF SALE

BARNS WITHIN THE CITY LIMITS OF MOUNTAN HOME,
ARKANSAS
BE IT ORDAINED by the City Council of the City of Mountain Home,

Arkansas:
That it being necessary for the preservation.of the health, welfare

and safety of the residents of the City of Mountain Home, Arkansas; from
and after the pasage of this ordinance there shall be no more permits
issued for the construction of sale barns or any other type structure for
the sale of live animals within the city limits of Mountain Home, Arkansas.
That all ordinances or parts of ordinances in conflict herewith are

repell ed.
That if any part of this ordinance shall be held unconstitutional

the invalidity of that part shall not make invalid any other parts of
this ordinance.
This ordinance being necessary for the immediate preservation of the

public health, safety and welfare and an emergency is hereby declared to
exist and this ordinance shall be in full force and effect from February
26th, 1973 and thereafter.
PASSED AND APPROVED on this the 26th day of February, 1973.
APPROVED: / ~ ..
sib!1!--k~~_
MAYOR W~WI DICKERSON
/
/
ATTEST:
Q~~
CITY CLERK ?'ENELOPEC ~
SALE BARNS
ORDINANCE NO. 354
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH RESPECT TO

AREA RE-ZONED
THAT PROPER PETITIONS WERE FILED BY PROPERTY OWNERS. REQUESTING A

CHANGE in zoning; that said petitions were submitted to the Planning
Planning Commission recommended toot all property described hereinafter
be rezoned.

ARKANSAS:
That the following real estate in Baxter County, Arkansas, be and.

is hereby changed in zoning from Residential R-l to Commercial'C-2:
That part of the swt of the swt of Section 4, Township 19

North, Range 13 West, described as follows: Beginning
at the NW corner of the swt swt of Section 4, and run South
87° 55' East 781.8 feet to the E~st right of way line of
State Highway 201; run thence South 0° 34 ' West 218.4 feet
to a point of beginning; run thence East 314 feet more or
less to a cedar tree; run thence South along the division
fence line 70 feet; run thence West 10 feet; thence South
112.4 feet, thence West 293.3 feet more or less to the
East right of way line of State Highway No. 201, thence
North 182.4 feet to the point of beginning.
ENACTED THE 19th DAY OF MARCH, 1973 AND DECLARED EFFECTIVE FROM
APPROVED .; ~1
~i.;:/;k
MAYOR W. W. "DICKERSON
<~rr
ATTEST
TRAMMELL PROPERTY
ORDINANCE NO. 355
AN ORDINANCE RE-ZONING PROPERTY IN THE CITY OF MOUNTAIN~

HOME, ARKANSAS
WHEREAS, persons claiming to bea majority in value of the owners

praying that said property be re-zoned from Res i den't'i
aI , R-l to Commercial,
C-2, and;

the majority in value of real property within said territory, and;

Commission on March 19, 1973, an affirmative recommendation was made for
the property to be re-zoned from Residential, R-l to Commercial, C-2 and;

There is hereby re-zoned from Residential, R-l to Commercial,

C-2, the following described property located in Baxter County, Arkansas,
to-wit:
A part of the Nwt NEt Section 3, Township 19 North,

Beginning at a point at the NW corner of that part of

the E~ Nwt Section 3, which lies South of U.S. Hwy
62, run thence NE with the meanderings of said Hwy. 105
feet to a point, thence due South 420 feet to a·point,
thence Westerly parallel with the meanderings of said
Hwy. 105 feet to a point, run thence due North to the
point of beginning, containing 1 acre, more or less.
The same being described as the first house located East
of the Sunset Hill Nursery on Highway No. 62.
PASSED AND APPROVED THIS 19th DAY OF MARCH, 1973.
ATTEST
JOHN SPEIGHT PROPERTY

ORDINANCE NO. 356
AN ORDINANCE RE-ZONING PROPERTY IN THE CITY OF MOUNTAIN

HOME, ARKANSAS

praying that said property be re-zoned from Residential, R-l to Commercial,
C-2, and;
WHEREAS; after due notice as required by law, the City Council

owning the majority in value of real property within said territory, and;
WHEREAS, a Petition was filed with the Planning Commission

of Baxter County, Mountain Home, Arkansas, and after a hearing before
said Commission on March l~, 1973, an affirmative recommendation was
made for the property to be re-zoned from Residential, R-l to Commercial,
C-2 and;

There is hereby re-zoned from Residential, R-l to Commercial, C-2,

A part of the Nwf of NEt of Section 3, Twp. 19

North, Range 13 West, described as follows: Beginning
at the NE corner of the said Nwt NEt Sec. 3, run
thence South along the East line thereof to the South
side of U.S. Highway No. 62, thence along the South
side of said Highway in a Southwest direction 555 feet
to a point for a place of beginning, thence continue
SW along the South boundary of Highway 105 feet, thence
South 2° 52 West along the Gus Goeckler property line
I.
328.3 feet, thence East 95 feet,thence North 3° East

372 feet to the point of beginning,-also described
as that property on U.S. Hwy. 62 immediately West of the
North Arkansas Electric Cooperative.
PASSED AND APPROVED THIS 19 DAY OF MARCH, 1973.
APPROVED \
/;/ /-/ /
(;j{jlkh)/~)u
MAYOR W. W! DICKERSON
ATTEST
LON SHOCKLEY PROPERTY

ORDINANCE NO. 357
AN ORDINANCE AMENDING ORDINANCE NO. 268, SECTION 5A
WHEREAS, the City of Mountain Home, Arknsas, has enacted Ordinance

No. 268 entitled" Ordinance Implementing An Ordinance No 235 with Respect
to Fixing Rates to be Charged for Connection to Water and_Sewer System
of the City of Mountain Home, Arkansas": Repealing Ordinance in conflict
therewith and declaring an emergency, and;-
WHEREAS, it has come to the attention of the City Council of

the City of Mountain Home, Arkansas, that Section 5 of Ordinance No 268
should be amended with respect to the connecting fees which should be
charged to two businesses contained in one building, and:
NOW, THEREFORE, IT IS THEREFORE ORDAINED by the City Council of

the City of Mountain Home, Arkansas:
Section 1. That Section 5 of Ordinance No. 268 is hereby

amended to include a connection fee of $120.00 for-each business that
shall connect to the water and sewer system of the City of Mountain Home,
Arkansas,no matter whether or not said two businesses or other businesses
are in the same building or no matter whether or not they are owned by ~
same individual or corporation.
Section 2. The aforementioned sum of $120;00 shall be charged

for each business no matter whether the plumbing has been for one water
meter or not, two meters shall be required for two businesses, three for
three businesses and so on as the situation may call for. HJwever, if it
is physically and mechanically impossible to attach two meters as the
Ordinance requires, the Water Department should maintain separate billing
for the businesses so situated.
Section 3. All Ordinances or parts of Ordinances in conflict

Section 4. This Ordinance shall be in effect from and after

its passage in being necessary for the immediate preservation of the
public peace, health and safety of the people of Mountain Home, Arkansas,
an emergency is hereby declared to exist and this Ordinance shall be in
full force and effect from and after its passage in publication.
This Ordinance passed and approved this 2nd day of April, 1973.
MAYOR W. W. nICKERSON
ATTEST
WATER METER REQUIREMENTS

ORDINANCE NO. 358
AN ORDINANCE AMENDING ORDINANCE NO. 163,

WITH RESPECT TO AREA REZONED
That proper petitions were filed by property owners re~esting

be rezoned.

ARKANSAS:

All of Tract No.7 and that part of Tract 8 lying

North of Ray Street in Barrett Subdivision in
Mountain Home, Arkansas, as shown on the
ENACTED THE 16th DAY OF APRIL, 1973 AND DECLARED EFFECTIVE FROM AND
AFTER ITS PASSAGE.
APP~VE~ ( ) /
,-;/. j)l ~~f/;;)('

M4YOR W. W.DICKERSON
ATTEST:
c9~~~ ..':t,zd
CITY CLERK> PENELoPE RI. FEIST
BARRETT SUBDIVISION
ORDINANCE NO. 359
AN ORDINANCE REZONING PROPERTY IN THE


praying that said property be rezoned from Residential, R-l to R-2 and;

to be heard and has ascertained that said persons desiring to be heard
majority in value of real property within said territory, and;

Commission on April 23, 1973, an affirmative recommendation was made for
the property to be rezoned from Residential, R-l to Residential R-2 and;

There is hereby rezoned from Residential, R-l to Residential, R-2,

A part of the swt of NEt Section 4, Township 19 North,

Beginning at the SW corner of said forty and run thence

East 31 feet, more or less to East line of the Gentry
Street run thence North along East line of street 190
feet to point, run thence East 230 feet to point, run
thence South 190 feet to South line of siad forty, run
thence West 230 feet to the point of beginning.
Passed and Approved this 7th day of May 1973.
ATTEST:
OZZIE ZUBCHEVICH PROPERTY

ORDINANCE NO. 360
/
AN ORDINANCE TO AMEND SECTION 1 OF
NO. 230 OF THE CITY OF MOUNTAIN

ARKANSAS:
Section 1. Section 1 of Ordinance No. 230 of the City of Mountain

Home is hereby amended to read as follows:
"It shall be unlawful for any person or

group of persons, acting singularly or in
concert, to wander, loiter, or prowl upon the
parking areas of any shopping center, super
market, gasoline service station or other
business establishment, between the hours of
12:01 A.M. and 4:00 A.M. without lawful
business; provided, however, where any such
business shall be located immediately adjacent
to a hotel, motel or tourist court, it
shall be unlaeful for such persons to wander,
loiter, or prowl upon such premises between
the hours of 10:01 P.M. and 4:00A.M. without
lawfu 1 business."
Section 2. The passage and enactment of this ordinance being

essential to the good of the public health, safety and welfare, a state of
emergency is declared to exist and this ordinance shall be in full effect
from and after its passage. all laws and part of laws that conflict
Section 3. The invalidity of any section, clause, sentence, or

provision of this ordinance shall not affect the validity of any other
part of this ordinance which can be given effect without such invalid
part or parts.
PASSED AND APPROVED THIS 7th DAY OF MAY 1973.
APPROVED,/ ( '''' ..
/ j(, I / j~ /;'),
W. DICKERSON
-MA~Y~O~R~-W.
ATTEST:
WANDER, LOITER OR PROWL ON SHOPPING CENTERS, ETC.

ORDINANCE NO. 361
AN ORDINANCE REGULATING THE DISTANCE BETWEEN

THE FIREPLUGS IN SUBDIVISIONS WHICH ARE
CONNECTED TO THE CITY WATER AND SEWER SYSTEM
WHEREAS, in order for the city of Mountain Home, Arkansas to protect its
fire rating and in order to insure the orderly and proper growth of the city;
and,
WHEREAS, there exists a need to regulate the distance between fireplugs
in subdivisions which intend to connect to the water and sewer systems of the
city of Mountain Home, Arkansas;
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN

HOME, ARKANSAS:
1. From and after the passage of this ordinance, subdivisions which

intend to connect to the water and sewer systems of the city of Mountain
Home, Arkansas shall have fireplugs situated in their water systems so that
the distance between each such fireplug shall not exceed 1000 feet.
2. Any subdivision which does not meet this minimum requirement shall
not be allowed to connect to the water system of the city of Mountain Home,
Arkansas.
This Ordinance shall be in effect beginning June 5, 1973 and being

necessary fur the immediate preservation of the public peace, health and
safety of the people of Mountain Home, Arkansas, and emergency is hereby
declared to exist and this Ordinance shall be in full force and effect from
PASSED AND APPROVED This 4th day of June, 1973.
MAYOR W. W. DICKERSON
ATTEST:
FIREPlUGS 1000 feet apart

ORDINANCE NO. J G:,c2
AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION IMPROVEMENT BONDS FOR THE PURPOSE OF
FINANCING THE COST OF CERTAINIMPROVEMENTS
DESCRIBED BELOW; LEVYINGA TAXSUFFICIENT TO PAY
THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRE-
SCRIBING OTHER MATTERSRELATINGTHERETO;AND
DECLARINGAN EMERGENCY.
WHEREAS, the City of Mountain Home, Arkansa S, is a city of the
first class (the" City"); and
WHEREAS, by Ordinance No. 310, duly passed by the City Council
of the City, and approved on July 3 L 1972, there wa s submittted to the qualified
electors of the City the question of issuing, under Amendment No. 13 to the
Constitution of the State of Arkansas, General Obligation Improvement Bonds
in the principal amount of $407,000 (the "bonds") for the purpose of financing
the cost of (1) the acquisition of a site for and the construction of a City Hall
Complex, to include space for municipal offices and space for housing fire fighting
apparatus; and (2) the acquisition of fire~Jighting apparatus (the "improvements"),
paying necessary expenses incidental thereto and paying the expenses of issuing
the bonds; and
WHEREAS, at a special election held September 5, 1972, a majority
of the electors voting on the que s tion approved the issuance of the bonds; and
WHEREAS, the results of the election were announced by the Mayor
by a Proclamation duly published on September 14, 1972, in a newspaper of
bona fide circulation in the City; and
WHEREAS, after due advertisement for the time and in the manner
required by law, bonds in the amount of $40 7 ,000 were offered for sale on
sealed bids on May 31,1973, and at the sale Powell & Satterfield, Inc., Little
Rock, Arkansas (the "purcha ser "}, bid and offered the price of par and accrued
interest from June I, 1973 to date of delivery for bonds bearing interest at the
rate of 4.90 % per annum, plus a premium of $113. 00, and this being the best
bid, the bonds were s oId to the purchaser at that price; and
Page 2
WHEREAS, pursuant to the authorization in the Notice of Sale the
purchaser has elected to convert the $407,000 of bonds bearing interest at the
rate of 4.90% per annum to an issue of $436,625 of 3-3/4%, 4%, 4-1/2% and
4-3/4% bonds, hereinafter described in de'tai l , and the Council has examined
the conversion and has found the same to be within the provisions of the Notice
of Sale, and that by virtue of which the City will pay no .E10reand receive no
less than it would pay and receive if the bonds were not converted;
N9W, THEREFORE,BE IT ORDAINEDby the City Council of the City
of Mountain Home, Arkansa s:
Section 1. That the improvements be accomplished.
Section 2. That the sale of the bonds to the purchaser and the con-
version of the bonds be, and the same are hereby, approved and confirmed.
the State of Arkansa s , including particularly Amendment No. 13 to the Con-
stitution of the State of Arkansas, City of Mountain Home, Arkansas General
Obligation Improvement Bonds are hereby authorized and ordered issued in the
total principal amount of $436,625, the proceeds of the sale of which are
necessary to provide sufficient funds for accomplishing the improvements.
The bonds shall be numbered consecutively from 1 to 437, inclusive, shall be .
in the denomination of $1,000 each, except Bond No. 437, which shall be in
the denomination of $625, and shall bear interest as follows: Bonds Nos. 1
to 88, inclusive, maturing in the years 1975 to 1985, inclusive, shall bear
interest at the rate of 4-1/2 % per annum; Bonds Nos. 89 to 276, inclusive,
maturing in the years 1986 to 2000, inclusive I shall bear interest at the rate
of 4-3/4% per annum; Bonds Nos. 277 to 336, inclusive, maturing in the years
2001 to 2003, inclusive, shall bear interest at the rate of 4-1/2% per annum;
Bonds Nos. 337 to 382, inclusive, maturing in the years 2004 and 2005, shall
bear interest at the rate of 4% per annum; and Bonds Nos. 383 to 437, inclusive,
maturing in the years 2006 and 2007, shall bear interest at the rate of 3-3/4%
Page 3
per annum. The bonds shall be dated September 1, 1972, and interest shall be
payable on June 1, 1973 and semiannually thereafter on December 1 and June 1
of each year (coupon No.2, due December 1, 1973, will be the first coupon
printed). The bonds shall be negotiable coupon bonds payable to bearer but
shall be subject to registration as to pri nci pal or as to principal and interest.
Payment of the bonds and interest coupons shall be made- at the principal office
of First National Bank & Trust Co. of Mountain Home, Mountain Home, Arkansas
(the "Trustee" and "Payi nq Agent"). Payment of interest, when registered as to
interest, shall be by check or draft mailed to the registered owner at the address
shown on the registration book of the City maintained by the Trustee. The bonds
shall mature on December 1 of each year, as follows, but are callable as here-
inafter set forth:
YEAR BOND NOS. AMOUNT
1~75 1- 6 $ 6,000
1976 7- 13 7,000
1977 14- 20 7,000
1978 21- 27 7,000
1979 28- 35 8,000
1980 36- 43 8,000
1981 44- 51 8,000
1982 52- 60 9,000
1983 61- 69 9,000
1984 70- 78 9,000
1985 79- 88 10,000
1986 89- 97 9,000
1987 98-106 9,000
1988 107-115 9,000
1989 116-125 10,000
1990 126-135 10,000
1991 136-146 11,000
1992 147-157 11,000
1993 158-169 12,000
1994 170-182 13,000
1995 183-197 15,000
1996 198-212 15,000
1997 213-227 15,000
1998 228- 243 16,000
1999 244-259 16,000
2000 260-276 17,000
2001 277-296 20,000
2002 297-316 20,000
2003 317-336 20,000
2004 337-358 22,000
2005 359-382 24,000
2006 383-407 25,000
2007 408-437 29,625 .•
Page 4
Section 4. That the bonds shall be executed on behalf of the City
by the Mayor and City Clerk (with the facsimile signature of the Mayor and
the manual signature of the City Clerk) and shall have impressed thereon the
seal of the City. Interest coy-pons shall be executed by the facsimile signature
of the Mayor. The facsimile signature of the Mayor on the bonds and coupons
shall have the same force and effect as if he had personally signed each of the
bonds and coupons.
Section 5. That the bonds and coupons shall be in substantially the
following form:
,
J
STATEOF ARKANSAS
COUNTY OF BAXTER
___ % GENERALOBLIGATIONIMPROVEMENTBOND
No.
KNOW ALL MEN BYTHESE PRESENTS:
That the City of Mountain Home, Baxter County., Arkansas (the" City") ,
acknowledges itself to owe and for value received promises to pay to bearer,
or if this bond be registered, to the registered ownerhereof , the sum of
DOLLARS
in lawful money of the United States of America on the first day of December,
19 ,and to pay interest hereon at the rate of percent
'--- __ %) per annum from date until paid. Interest is payable on June 1, 1973
and semiannually thereafter on December 1 and June 1 of each year. Payment
of interest when registered as to interest, shall be by check or draft mailed to
the registered owner at his address reflected on the.reci stratton book of the
City maintained by the Trustee as Bond Registrar (hereinafter identified) .. Pay-
ment of principal, and payment of interest when evidenced by coupons I shall
be made upon presentation of the bonds and coupons at the principal office of
First National Bank & Trust Co. of Mountain Home, Mountain Home I Arkansas
(the "Trustee" and "Paying Agent").
This is one of an issue of General Obligation Improvement Bonds,
aggregating $436,625, dated September 1,1972, and numbered from 1 to 437,
inclusive (the "bonds "), all of like tenor and effect except as to number,
maturity, denomination, rate of interest, and right of prior redemption. The
bonds are issued for the purpose of financing the cost of (1) the acquisition
of a site for and the construction of a City Hall Complex I to include space for
municipal offices and space for housing fire fighting apparatus; and (2) the
acquisition of fire fighting apparatus (the "improvements") I paying necessary
expenses incidental thereto and paying the expenses of issuing the bonds.
Page 6
The bonds are issued pursuant to and in full compliance with the
Constitution and laws of the State of Arkansas, particularly Amendment No.
13 to the Constitution of the State of Arkansas, and pursuant to Ordinance No.
___ of the City, passed and approved on the day of _
1973 (the "Authorizing Ordinance"), and an election duly held at which the
majority of the legal voters of the City voting on the question voted in favor
of the issuance of the bonds. Reference is hereby made to the Authorizing
Ordinance for the details of the nature and extent of the security and of the
rights and obligations of the City and the holders and registered owners of the
bonds. The bonds are general obligations of the City, payable from the proceed s
of a continuing annual five (5) mill special tax (the" special tax") levied by the
City Council under the authority of Amendment No. 13 to the Constitution of
the State of Arkansa s , and the City hereby pledge s its full faith, credit and
taxing power, including the special tax, for the payment of this bond.
The bonds will be callable for payment prior to maturity, in whole or
in part, with there to be no partial redemption of any bond, in inverse numerical
order, at a price of the principal amount being redeemed plus accrued interest
to the redemption date: surplus tax collections on any interest nrlVTYlI'>T)T

-~-~~-:
----
date; from funds from any source on any interest
December I, 1977.
payment date on and after
The City has covenanted and agreed that .-:.urpl::~_!?:x:~!~~tt()J:ts,J being
collections from the special tax in excess of the amount neces
prompt payment of the principal of, interest on and Paying Agent's fees in con-
nection with the bonds as the same become due, must be used from time to time
on each interest payment date as and to the extent available to redeem the
outstanding bonds.
Page 7
newspaper published in the City of Little Rock r Arkansa s r and having a general
circulation throughout the State of Arkansas r giving the number and maturity
of each bond being called t the publication to be at lea st fifteen (15) days prior
to the redemption date r and after the date fixed for redemption each bond so
called shall cea se to bear interest r provided funds for its payment are on deposit
with the Paying Agent at that time. In add iti on , notice shall be given by certified
or registered mail to the registered owner of any bond registered as to principal
or a s to principal and intere st at the addre ss of such owner reflected on the bond
registration book of the Bond Registrar and mailed not less then fifteen (15) days
prior to the redemption date and If.a ll outstanding bonds shall be registered as
to principal and Inte re st , notice in writing by certified or registered mail to the
registered owners thereof as afore said shall be sufficient r and it shall not be
necessary to publish notice of the call.
_This bond may be re ci stered as to principal or as to principal and
.interest and may be discharged from such registration in the manner r with the
effect and subject to the terms and conditions endorsed hereon. Subject to the
provisions for registration endorsed here on , nothing contained in this bond or
in the Authorizing Ordinance shall affect or impair the negotiability of this bond
and 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 Arkansa s will govern its construction.
IT IS HEREBYCERTIFIEDr RECITEDAND DECLAREDthat all acts r
conditions and things required to exi st , happen and be performed r under the
Constitution and laws of the State of Arkansas r particularly Amendment No. 13
to the Constitution of the State of Arkansas r precedent to and in the issuance
of this bond have e xi ste d , have happened and have been performed in due time r
form and manner as required by law; that the indebtedness represented by this
Page 8
bond and the is sue of which it forms a part doe s not exceed any constitutional
or statutory limitation; and that a tax sufficient to pay the bonds and interest
thereon has been duly levied in accordance with Amendment No. 13 to the
Constitution of the State of Arkansas and made payable annually until all of
the bonds and intere st thereon have been fully paid and discharged.
This bond shall not be valid until it shall have_been authenticated
by the Certificate hereon duly signed by the Trustee.
IN WITNESS WHEREOF, the City of Mountain Home, Arkansas, has
caused this bond to be executed in its name by the facsimile signature of the
Mayor, the manual signature of the City Clerk and its corporate seal to be
affixed and has caused the coupons hereto attached to be executed by the
facsimile Signature of its Mayor, all as of the first day of September, 1972.

ATTEST:
By --"(f::;:a:..;:c"-'s::..=i:.::.;m:.:..:i::.::l..:::e-=-s
;:.;ig:o..:n:.::.;a:::...t=-:u=r..=e-<...)
_
Mayor
cly Clerk
(SEAL)
I
/
)
;Lag e /0/
Page 9
(form of coupon)
No. $ _
On the first day of (June) (December), 19__ r the City of Mountain
Home, Baxter County, Arkansas, unless the bond to which this coupon is
attached is paid prior thereto or unless the bond is registered as to interest
in accordance with the provisions pertaining thereto set lorth on the bond,
hereby promises to pay to bearer
DOLLARS
in lawful_money of the United States of America at the.principal office of
First National Bank & Trust Co. of Mountain Home I Mountain Home I Arkansas,
being six (6) months interest then due on its General Obligation Improvement
Bondi dated September 11 1972, and numbered ---
By ~(.:::..:fa~c::::..s::.;l::.:·
m.:..:.l::.:·l:..:::e::...-:::s.=..ig=n.:::.a..:..tu:::::r:
_
Mayor
On each bond shall appear the following:
CERTIFICATE
This is to .certify that this is one of the City of Mountain Home I
Arkansas, General Obligation Improvement Bonds I dated September I, 1972,
mentioned and described wi thin.
FIRST NATIONAL BANK & TRUST CO. OF

MOUNTAIN HOME
Mountain Home Arkansa s I
,
I
!3y _
Page 10
PROVISIONS FOR REGISTRATIONAND RECONVERSION
This bond may be registered as to principal on the registration book of the
City, maintained 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 thereafter be transferred only upon -an assignment duly executed
by the registered owner or his attorney or legal representative in such form as shall
be satisfactory.to the Bond Registrar, such transfer to be made on such book and endorsed
hereon by the Bond Registrar. Such transfer may be to bearer, and thereafter transferability
by delivery shall be restored, but this bond shall again be subject to successive registrations
and transfers as before. The principal of this bond, if registered, unless registered
. .
to bearer, shall be payable only to or upon the order of the registered owner or his
legal representative. Interest accruing on this bond will be paid only on presentation
and surrender of the attached interest coupons as they respectively become due, and
notwithstanding 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 surrendered to the Bond Registrar, a
statement to that effect will be endorsed hereon by the Bond Registrar and thereafter
interest evidenced by such surrendered coupons will be paid by check or draft at the
times provided herein to the registered owner of this bond by mail to the address shown
on the registration book. This bond when so converted 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.
Upon such reconversion the coupons representing the interest to become due thereafter'
..•..
Page 11
to the date of maturity will again be attached to this bond and a statement will be endorsed
hereon by the Bond Registrar in the registration blank below whether it is then registered
as to principal or payable to bearer.
Mariner; of : Signature of
Date of Registration
, Name of Registered Owner. Registration: Bond Registrar
.
..
--
,
/
Page 12
Section 6. That in order to pay the bonds as they mature, with interest thereon,
there is hereby levied upon all taxable real and personal property within the City a
continuing annual tax of five (5) mills (the 11 special tax") on each dollar of assessed
valuation to be collected annually as long as may be necessary to pay the principal
of, interest on and Paying Agent's fees in connection with the bonds. The City
Clerk is directed to transmit a copy of this Ordinance to the County Clerk of Baxter
County, Arkansas, to the end that the special tax may be extended on the tax books
of the County and collected annually along with the other taxes until the bonds and
interest thereon are patdin full or until adequate provision is made for their
payment. The City covenants and agrees that all of the revenues from the
special tax shall be placed in a separate fund which is hereby created and desig-
nated "1972General Obligation Improvement Bond Fund" (the "Bond Fund") , in
a bank or banks designated from time to time by the City Council of the City holding
membership in the Federal Deposit Insurance Corporation, and used solely for the
payment of the principal of, interest on and Paying Agent's fees in connection with
the bonds. The amount of the deposit in excess of that insured by the Federal
Deposit Insurance Corporation must be continuously secured by bonds or other direct
or fully guaranteed obligations of the United States of America, except that moneys
invested as hereinafter provided need not be so secured. Moneys in the Bond Funq
may be ---~-----'---'------'---~--'"'-'-----'"----"-'-"-.---'-----~
invested in direct obligations •. .. - .. -~--.,-~.-------
---.-, ,.-.-.-- ..
of, or obligations the principal
-.--"-"~.-~"-----.-----
--,.-
of and interest
on which are guaranteed by, the United States of America, which mature or are subject
to redemption at the option of the holder at or prior to the date the moneys will be
needed to meet debt service requirements on the bonds. such investments shall
-'"-~<'".'".'" ••
be considered a part of the Bond Fund from which made and all ",,,,'r,..,',,..,,.,,,, and profits
credited to, and all losses charges against, such fund. The City covenants
Page 13
that surplus tax collections, being collections from the special tax in excess
of the amount necessary to insure the prompt payment of the principal of , interest
on and Paying Agent's fees in connection with the bonds as they become due
must be used from time to time on each interest payment date as and to the
extent available for redemption of the outstanding bonds.
Section 7. That for the prompt payment of the lLonds, with interest,
the City hereby pled-:ges its full faith, credit and taxing power, including the
special tax levied in Section 6 of this Ordinance.
Section 8. That in order to pay the principal of and interest on the
bonds as they mature and as they are redeemed prior to maturity, there are
hereby appropriated the entire proceeds of the special tax levied in Section 6
hereof, and if the proceeds be not sufficient to pay the principal of and interest
on the bonds as they mature, then there are hereby appropriated sufficient
additional funds out of the general revenues of the City to accomplish the
payment at maturity. The principal of and interest on the bonds shall mature
according to the following schedule:
,
/
Page 14
INTEREST
BOND
YEAR NOS. RATE PRINCIPAL JUNE 1 DECEMBER 1 TOTAL
(Dec .1)
1973 $9/739.22 $ 9/739.22
1974 $9/739.22 9,739.22 19,478.44/
1975 1- 6 $ 6,000 9,739.22 -, 9,739.22 25,478.44
1976 7- 13 7,000 9,604.22 9,604.22 26/208.44
1977 14- 20 7/000 9,446.72 9,446.72 25,893.44
1978 21- 27 7/000 9,289.22 - 9,289.22 25,578.44
1979 28- 35 4-1/2% 8,000 9,131.72 9,131.72 26,263.44
1980 36 - 43 8,000 8,951. 72 8/951.72 25/903.44
1981 44- 51 8,000 8/771.72 8,771.72 25,543.44
1982 5.2- 60 9/000 8/591. 72 8/591.72 26,183.44
1983 61- 69 9,000 8,389.22 8,389.22 25,778.44
1984 70- 78 9,000 8,186.72 8,186.72 25,373.44
1985 79- 88 10,000 7,984.22 7,984.22 25,968.44
1986 89- 97 9,000 7,759.22 7,759.22 24,518.44
1987 98-106 9/000 7,545.47 7,545.47 24,090.94
1988 107-115 9/000 7/331.72 7,331.72 23,663.44
1989 116-125 10,000 7,117.97 7,117.97 24,235.94
1990 126 -135 10,000 6/880.47 6,880.47 23, 760.94
1991 136 -146 11,000 6,642.97 6,642.97 24/285.94
1992 147-157 4-3/4% 11,000 6,381.72 6,381.72 23,763.44
1993 158-169 12,000 6,120.47 6,120.47 24,240.94
1994 170-182 13/000 5,835.47 5,835.47 24,670.94
1995 183-197 15,000 5/526.72 5,526.72 26,053.44
1996 198-212 15/000 5,170.47 5,170.47 25,340.94
1997 213 -227 15,000 4,814.22 4,814.22 24,628.44
1998 228-243 16/000 4/457.97 4/457.97 24,915.94
1999 244-259 16,000 4,077.97 4,0177.97 24,155.94
2000 260-276 17,000 3,697.97 3,697.97 24,395.94
2001 277-296 20,000 3,294.22 3,294.22 26,588.44
2002 297 -316 4-1/2% 20/000 2/844.22 2,844.22 25,688.44
2003 317-336 20,000 2/394.22 2,394.22 24,788.44
2004 337-358 22/000 1/944.22 1/944.22 25,888.44
4% 27,008.44
2005 359 -382 24,000 1,504.22 1/504.22
2006 383 -407 25,000 1/024.22 1,024.22 27,048.44
3-3/4%
2007 408 -437 29,625 555.47 555.47 30/735.94
I
6 t J," '
,
j
Page IS
Section 9. That the bonds shall be callable for payment prior to
maturity in accordance with the terms set out in the face of the bond form in
Section 5 of this Ordinance.
Section 10. That the Treasurer of the City is hereby ordered and
directed to place on deposit with the Paying Agent, at least five (5) days before
the maturity date of any bond or interest coupon issued hereunder, an amount
from the funds herein appropriated equal to the amount of such bonds or coupons,
for the sole purpose of paying the same, together with the customary Paying
Agent's fee. Such deposit shall be at the risk of the City and shall not operate
as a payment of the bonds or coupons until so applied. This instruction to the
Treasurer is irrevocable and may be enforced by mandamus.
Section 11. (a) If there be any default in the payment of the principal
of and interest on any of the bonds, or if the City defaults in any Bond Fund
requirement or in the performance of any other covenant contained in this
Ordinance, the Trustee may; and upon the written request of the holders of
not less than ten percent (10%) in prl nci pal amount of the bonds then outstanding
sha ll , by proper suit compel the performance of the duties of the officials of the
City under the Constitution and laws of the State of Arkansas and under this
Ordinance and protect and enforce the rights of the bondholders by acceleration,
instituting appropriate proceedings in lawor equity or other action deemed
necessary or desirable by the Trustee.
(b) No holder of any bond shall have any right to institute any suit I
actton , mandamus or other proceeding in equity or at law for the protection

J
or
enforcement of any right under this Ordinance or under the Constitution and laws
of the State of Arkansas unless such holder previously shall have given to the
Trustee written notice of the default on account of which such suit, action or
proceeding is to be taken , and unless the holders of not less than ten percent
(10 %) in principal amount of the bonds then outstanding shall have made
Page 16
written reque st of the Trustee after the right to exercise such powers or right
of a ctton , as the case may be I shall have a ccrue d , and shall have afforded
the Trustee a reasonable opportunity either to proceed to exercise the powers
herein granted or granted by the Constitution and laws of the State of Arkansa s ,
or to institute such action, suit or proceeding in its narne , and unless I also
there shall have been offered to the Trustee reasonable .se curi.ty and indemnity
against the co st , expenses and liabillties to be incurred thereon or thereby
and the Trustee shall have refused or neglected to comply with such request
within a reasonable time, and such nottftca tton , request and offer of indemnity
are hereby declared in every such case I at the option of the Trustee I to be
conditions precedent to the execution of the powers and trust of this Ordinance
or to any other remedy hereunder. It is understood and intended that no one or
more holders of the bonds hereby secured shall have any right in any manner
wha tever by his or their action to affect I disturb or pre judice the security of
this Ordinance I or to enforce any right hereunder except in the manner herein
provide d , that all proceedings at law or in equity shall be ins titute d , had and
maintained in the manner herein provided and for the benefit of all holders of
the outstanding bonds or coupons I and that any Indiv idua l rights of action or
other right given to one or more of such holders by law are restricted by this
Ordinance to the rights and remedies herein provided.
(c) All rights of action under this Ordinance or under any of the bonds
secured hereby I enforceable by the Trustee I may be enforced by it without the
possession of any of the bonds or coupons appertaining thereto, and any such
sutt , action or proceeding instituted by the Trustee shall be brought in its name
and for the benefit of all the holders of the bonds and coupons I subject to the
provisions of this Ordinance.
(d) No remedy herein conferred upon or reserved to the Trustee or to
the holders of the bonds is intended to be exclusive of any other remedy or

Page 17
remedies herein provided I and each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or given by any
law or by the Constitution of the Sta te of Arkansa s .
(e) No delay or omission of the Trustee or of any holders of the bonds
to exercise any right or power accrued upon any default shall impair any such
right or power or shall be construed to be a waiver of any such default or an
acquiescence therein I and every power and remedy given by this Ordinance
to the Trustee and to the holders of the bonds I re spectively I may be exercised
from time to time and as often as may be deemed expedient.
(f) The Trustee .may I and upon the written reque st of the holders of
not less than ten percent (10%) in principal amount of the bonds then outstanding
shal l , waive any default which shall have been remedied before the entry of
final judgment or decree in any sui t , action or proceeding instituted under the
provisions of this Ordinance" or before the completion of the enforcement of any
other remedy, but no such waiver shall extend to or affect any other existing or
any subsequent default or defaults or impair any rights or remedies consequent
thereon.
Section 12. That when the bonds herein authorized to be executed
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 payment in cash
of the purchase price of $407,113, plus accrued interest from June I, 1973
("total sale proceeds ") .
The total sale proceeds shall be disbursed as follows:
(1) There shall be~ci~ciucted from the total sale proceeds and deposited
in the Bond Fund an amount sufficient to provide for debt service requirements
for which revenues derived from the special tax are not available, the City
.e xpre s s.ly reserving the right to reimburse the Construction Fund (hereinafter
defined) from the Bond Fund in the amount of such deposit.

Page 18
(2) The balance of the total sale proceeds shall be deposited in a
special account of the City hereby created and designated the "Construction
Fund" in a bank that is a member of the Federal Deposit Insurance Corporation.
The moneys in the Construction Fund shall be used for accomplishing the
improvements, paying expenses incidental thereto and paying the expenses
of issuing the bonds, with any unexpended balance to be deposited in the
Bond Fund.
Moneys on deposit in the Construction Fund in exce ss of the amount
insured by the Federal Deposit Insurance Corporation must be continuously
secured by bonds or other direct or fully guaranteed obligations of the United
States of America; provided, however, moneys in the Construction Fund that
are invested a s hereinafter provided:need not be so secured. Moneys in the
Construction Fund may be inve sted in direct obligations of, or obligations
the principal of and interest on which are guaranteed by, the United States of
America, having maturity dates, or subject to redemption at the option of the
holder, not later than the date or dates on which the moneys will be needed
for accomplishing the improvements.
Section 13. First National Bank & Trust Co. of Mountain Home,
Mountain Home, Arkansas, is hereby de signa ted as-Trustee and Paying Agent.
It shall only be responsible for the exercise of good faith and reasonable
prudence in the execution of its trust. 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 requested to do so in writ inq by the holders of not less than ten percent
(10%) in principal amount of the bonds then outstanding and shall have been
offere d-ree sonable security and indemnity against the costs, expenses and
liabilitie s to be incurred therein or thereby. The Trustee may re sign at any
time by ten (10) days notice in writing to the City Clerk, and the majority
Page 19
in principal amount of the holders of the outstanding bonds at any time, with
or without cause, may remove the Trustee. In the event of a vacancy in the
office of Trustee, either by re signation or by removal, the majority in principal
amount of the holders of the outstanding bonds may appoint a new Trustee, such
appointment to be evidenced by a written instrument or instruments filed with the
City Clerk. If the majority in principal amount of the helders of the outstanding
bonds shall fail to fill a vacancy within thirty (30) days after the same shall
occur, then the City shall forthwith designate a new Trustee by a written
instrument filed in the office of the City Clerk. The original Trustee and any
succes sor Trustee shall file a written acceptance and agreement to execute the'
trusts imposed upon it or them by this Ordinance I but only upon the terms and
conditions set forth in this Ordinance and subject to the provisions of this
Ordinance, to all of which the respective holders of the bonds agree. Such
written acceptance shall be filed with the City Clerk and a copy thereof shall
be placed in the bond transcript. Any succe s sor Trustee shall also become
the Paying Agent and shall have all the powers herein granted to the original
Trustee and Paying Agent.
Section 14. That (a) the terms of this Ordinance shall constitute a
contract between the City and the holders and registered owners of the bonds
and no varia tion or change in the undertaking herein set forth shall be made
while any of'these bonds are outstanding, except as hereinafter set forth in
subsection (b) and the holder or registered

I owner of any bonds may at any
time for and on his own behalf or for and on behalf of all bondholders enforce
the obligations of the City by a proper suit for that purpose, according to the
provisions of this Ordinance.
(b) Subject to the terms and provisions contained in this Section and
not otherwise, the holders and registered owners of not Ie ss than seventy -five
percent (75%) in aggregate principal amount of the bonds then outstanding shall
Page 20
have the right, from time to time, anything contained in this Ordinance to the
contrary notwithstanding to consent to and approve the adoption by the City
of such ordinance supplemental hereto a s shall be neces sary or de sirable for
the purpose of modifying, altering, amending, adding to or rescinding, in any
particular, any of the terms or provisions contained in this Ordinance or in
any supplemental ordinance; pr ovide d , however, that nothing herein contained
shall permit or be construed as permitting (a) an extension of the maturity of
the principal of or the intere st on any bond issued hereunder, or (b) a reduction
in the principal amount of any bond or the rate of interest thereori , or (c) the
creation of a pledge of tax revenues other than the pledge created by this
Ordinance, or Cd)a privilege or priority of any bond or bonds over any other
bond or bonds, or (e) a reduction in the aggregate principal amount of the bonds
required for consent to such supplemental ordinance.
Section 15. The City covenants that it shall not take any action or
suffer or permit any action to be taken or condition to exist which cause s or
may cause the intere st payable on the bonds to be subject to federal income
taxation. Without limiting the generality of the foregoing, the City covenants
tha t the proceeds of the sale of the bonds will not be used directly or indirectly
in such manner as to cause the bonds to be treated a s "arbitrage bonds II within
the meaning of Section 103 Cd)of the Internal Revenue Code of 1954, as amended.
Section 16. That the provisions of this Ordinance are separable and
in the event tha t any section or part hereof shall be heldto be invalid, such
invalidity shall not affect the remainder of this Ordinance.
Section 17. That all ordinance sand re solutions and parts thereof in
conflict herewith are hereby repealed to the extent of such conflict.
Section 18. That this Ordinance shall not create any right of any
character and no right of any character shall arise under or pursuant to it
until the bonds authorized by this Ordinance shall be issued and delivered.
Page 21
Section 19. That it is hereby ascertained and de cl are d that the above
described improvements to be constructed out of the proceeds of the bonds
authorized hereby are immediately needed for the preservation of the public
peace I health and safety and to remove existing hazards thereto. The improve-
ments cannot be made without the issuance of the se bonds I and therefore I it
is declared that an emergency exists and this Ordinance being necessary for
the pre servation of the public peace f health and safety shall be in force and take
effect imrne dta te l y upon and after its passage.
PASSED: _--;~~~_/_5 f 1973.
APPROVED: <,
ATTEST:
g;:LI;J~/~ Mayor
(SEAL)
,
!
CERTIFICATE
STATE OF ARKANSAS )
)
COUNTY OF BAXTER )
The undersigned, City Clerk of the City of Mountain Home, Arkansas,
hereby certifies that the foregoing pages, numbered 1 to 21, inclusive I are a
true and correct copy of Ordinance No . .",,9 t:,.fl of the City ,_adopted at a ..Ae~
session of the City Council of the City of Mountain Home, Arkansas, held at the
regular meeting place of the Council in the City at 730

-~-=---- P.m., on the
Ii day of ~ , 1973 and that the Ordinance

I is of record in
tI
Ordinance Record Book No...:?
--'----
at Page 93 ,now in my possession.
GIVEN under my hand and seal this /Jl day of ~ t 1973.
City Clerk
(SEAL)
I
J
ORDINANCE NO. 3c::,__:::r
AN ORDINANCE AUTHORIZING THE MOUNTAIN HOME MUNICIPAL PARKING

AUTHORITY TO EXECUTE AND DELIVER APPROPRIATE INSTRUMENTS
EVIDENCING A LIEN ON THE OFF STREET PARKING FACILITIES ACQUIRED
FROM THE PROCEEDS OF THE MOUNTAIN HOME MUNICIPAL STREET
AND PARKING REVENUE BONDS DATED AUGUST I, 1972; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Mountain Horne, Arkansas (the "City") , as authorized
by Act No. 468 of the Acts of Arkansas of 1949, as amended (nAct No. 468") r has, by
Ordinance No. 299, passed and approved March 27, 1972 ("Ordinance No. 299") , created
the Mountain Horne Municipal Parking Authority (the "Parktnq Authority"); and
WHEREAS, the City has, by Ordinance No. 308, passed and approved June 29,
1972 ("Ordinance No. 3081l) r authorized and directed the accomplishment of a Street and
Parking Project, consisting of the acquisition of lands for and constructing off-street
parking facilities and paying necessary expenses incidental thereto (including expenses
of issuing bonds) r and has provided for the financing of the Street and Parking Project
by the issuance of the City's Municipal Street and Parking Revenue Bonds, dated August 1,
1972, in the principal amount of $450,000 (the "bonds") , under the provisions of the
Constitution and laws of the State of Arkansas, including particularly Act No. 317 of
the Acts of Arkansas of 1967, as amended; and
WHEREAS, the bonds have been issued, sold and delivered and the Parking
Authority has commenced the Street and Parking Project as authorized and directed by
Ordinance No. 308; and
WHEREAS, the purchasers of the bonds have requested that the Parking Authority
execute and deliver appropriate instruments to evidence the statutory mortgage lien of ~
the bondholders upon the lands I improvements and facilities acquired from the proceeds
of the bonds I as authorized by Act No. 468;

Page 2
NOW, THEREFORE, BE IT ORDAINEDby the City Council of the City of Mountain
Home, Arkansas:
Section 1. That the Parking Authority be, and it hereby is, authorized to
execute and deliver to Peoples Bank & Trust Company, Mountain Home, Arkansas, Trustee
for the holders of the bonds, an appropriate instrument or instruments of conveyance
evidencing the statutory mortgage lien provided for in Act No. 468 in favor of Peoples
Bank & Trust Company, as Trustee for the holders of the bonds, upon the lands, improve-
ments and facilities acquired from the proceeds of the bonds.
Section 2. That it is hereby ascertained and declared that the holders of the
bonds are entitled to the benefits of the statutory mortgage lien provided for in Act No.
468 and that the authority conferred by this Ordinance is necessary for the full
realization thereof. Therefore, an emergency is hereby declared to exist, and this
Ordinance being necessary for the immediate preservation of the public peace, health
and safety shall take effect and be in force from and after its passage.
PP-.SSED ('lv~ /1" , 1973.

Z;
APPROVED:
,/
~~:/~'~_,~f
Mayor
ATTEST:
City Clerk
(SEAL)
1
I
CERTIFICATE
STATE OF ARKANSAS
COUNTY OF BAXTER
The undersigned, Clerk of the City of Mountain Home, Arkansas, hereby
certifies that the foregoing pages are a true and correct copy of Ordinance No.
,3~3 , adopted at akf}~ session of the City Council of the City of
Mountain Home, Arkansas, held at the regular meeting place of the City Council in
the City at 7'30 P.m., on the /J day of )ku~ , 1973, and that
the Ordinance is of record in Ordinance Record Book No. ;;5 at Page //5
now in my possession.
GIVEN under my hand and seal this /?' day of ~ , 1973.

~
City Clerk
(SEAL)
,
J
NOTICE OF AND CONSENT TO MEETING OF COUNCIL
The undersigned hereby acknowledges receipt of official and timely
notice of a meeting of the City Council of the City of Mountain Home _

I
Arkansas I to be held on June 18th , 19~r at 7 :30 o' clock L. m. r
Mountain Home
at the regular meeting place of the Council in the City 0f
Arkansas I the purpose of the meeting being:
to consider an ordinance authorizing the Mountain Home Municipal Parking Authority

to execute and deliver appropriate instruments evidencing a lien on the off street
parking facilities acquired from the proceeds of the Mountain Home Municipal Street
and Parking Revenue Bonds dated August I, 1972
. . i
and for the transaction of such other business as may properly come before
the Council. "\ i

The undersigned further consent to the meeting at the time and place
I
I
and for the purposes hereinabove set forth and hereby ratify' all action taken,
at said meeting for said purposes. I

Mayor
..•.,.
ORDINANCE NO. 364
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPECT

TO AREA RE-ZONED

a change in zoning; that said petitions were submitted to be Planning
local circulation as required by Ordinance No. 163 on the posting_ of notice
be rezoned.
IT IS THEREFORE ORDAINED BY THE CI1Y COUNCIL OF MOUNTAIN HOME, ARKANSAS:

A part of the swt of NEt Section 4, Township 19 North

Range 13 West, bounded and eescribed as follows:
Beginning at the SE corner of said forty and run thence

North 149.45 feet to the Northwesterly rright of way line of
Highway No. 62 to point of beginning for the tract herein
described, continue thence North along the East line of
swt NEt, 1028.45 feet to point, run thence West 454 feet to
point, run thence S. 39 deg. 43' West 1155.77 feet to point,
run thence N. 88 deg. 08' West 137.64 feet to the East line of
a Street, run tbence South 1 deg. 52' West along East line of
said street 60 feet, thence S. 88 deg. 08' East 230 feet, thence
S. 1 deg. 52' West 190 feet to the south line of said 40; run
thence S. 88 deg. 08' E. Along South line of said forty to
intersect the Northwesterly line of Highway No. 62, run thence
in a Northeasterly direction along Northerly line of said highway
191.15 feet to the point of beginning.
ENACTED THE 18 DAY OF JUNE, 1973 AND DECLARED EFFECTIVE FROM AND
AFTER ITS PASSAGE.
ATTEST:
David Drake Property

ORDINANCE NO. 365
ORDINANCE NO. 163 WITH REFERENCE TO ZONING WITHIN

THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME,
ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS
RESIDENTIAL R-l TO COMMERCIAL C-2
BE IT ORDAINED BY THE CITY COUNCIL OV THE CITY OF MOUNTAIN HOME, ARKANSAS:

a change in zoning; that said P?tition was submitted to the Planning
having local circulation as required be Ordinance No. 163; that a public
Planning Commission recommended that all proper~ described hereinafter
be rezoned.

ARKANSAS:

is hereby changed in zoning from Residential R-l to Commercial C-2
from Highway #5 to a depth of 250 feet, to-wit:
Part swts NEt and part of the Nwt sEt of Section 5, Township 19
North, Range 13 West, described as follows: Beginning at the
C t corner Section 5, and run North 0 deg. 58' East 845 feet to
the right of way of State Highway No.5 as it now exists, run
thence South 48 deg. 30' East along said R-W 58.3 feet, thence
South 28 deg. 41' East 619.75 feet, thence South 46 deg. 20'
West along said fence 190.03 feet, thence South 76 deg. 14' 15"
West along fence 400.17 feet to the t section line, thence North
o deg. 58' East along said t section line 126.3 feet to the C t
corner and the point of beginning.
All that part of the E t of the sEt Nwt of section 5 Township 19

North, Range 13 West, lying South of Highway No.5 containing
17 acres, more or less, EXCEPT the following described tract,
beginning at the SW corner of the E t
SE t Nwt Section 5, run
thence North along the Westline thereof 467 feet to a point
for a place of beginning, run due East 125 feet, run thence North
parallel to the West line 100 feet, run thence West 125 feet,
run thence South 100 feet to the point of beginning, containing
in exception .2875 acres, and containing in lands herein
described )6.7125 acres, more or less.
ENACTED THE 2ND DAY OF JULY, 1973, AND DECLARED EFFECTIVE FROM AND
AFTER ITS PASSAGE.
ATTEST:
Robert E. Lucas Property

ORDINANCE NO. 366
AMENDMENT TO ORDINANCE NO. 216, ARTICLE 4
AN ORDINANCE REGULATING THE CONSTRUCTION OF

MANHOLES, THE BUILDING OF SEWERS, AND CON-
NECTION TO THE WATER AND SEWER SYSTEM OF
WHEREAS, it has come to the attention of the City Council of the

City of Mountain Home, Arkansas, that its sewer system is being damaged
by improper construction and connection to the sewer through manholes;
and
WHEREAS, the City Council of the City of Mountain Home, Arkansas,

desire to protect its citi zens' investment in a sewer system; and
NOW, THEREFORE, be it ordained and enacted by the Council of the

City of Mountain Home, State of Arkansas, an amendment to Ordinance
No. 216, Article 4, as follows:
AMENDMENT .TO ARTICLE 4
BUILDING SEWERS AND CONNECTIONS
SEC. 12 From and after the passage of this Amended Ordinance

any subdivision which is to be annexed or individual
which intends to .ccnnect its sewer system to that of
the City of Mountain Home, Arkansas, shall use precast
manholes to ensure uniform construction, reliability,
and safety for Mountain Home Sewer Employees.
SEC. 13 From and after the passage of this Amended Ordinance

it shall be unlawful and hereby made a misdemeanor
for any plumber or contractor to make any connections
with or opening into,use, alter, or disturb any
public sewer or manhole without first obtaining a
written permit from the Superintendant of the Sewer
Department of the City of Mountain Home, Arkansas,
and without having present at the time said sewer
connection may be op~ned, used, altered, or distur-
bed, the City Inspector and said contractor or
plumber shall have said City Inspector present at
the closing/of the said sewer opening. Failure to
comply with this Ordinance shall be deemed a mis-
demeanor and pu~ishable by a fine of not less than
Twenty Five Dollars ( $25.00) or more than One Thou-
sand Dollars ($1,000.00). Each day in which any such
violation shall continue shall be deemed a separate
offence.
SEC. 14 This Ordinance being necessary to protect the health,

safety, and welfare of the Citizens of Mountain Home,
Arkansas, emergency is hereby declared to exist and
this Ordinance shall be in full force and effect from
PASSED AND APPROVED THIS 2ND DAY OF JULY, 1973.
MAYOR W. W. DICKERS~
ATTEST:
Manholes and sewer connects

ORDINANCE NO. 367

TO THE CITY OF MOUNTAIN HOME, ARKANSAS ANDTO WATER
AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF

and to Water and Sewer Improvement District No.3 of the City of Mountain
Home, Arkansas, for the purposes hereinafter set out, and
WHEREAS, after due notice as required by law,the City Council of


Mountain Home, Arkansas, and after a hearing in said Court an ord~ was
taken on June 4, 1973, in which it was determined that due Notice of Hearing
on such Petition was published as required and that the Petition was in
proper order,
NOW, THEREFORE, be it ordained by the City Counc i Loo f the City of

There is h~eby annexed to and made a part of the City of Mountain

A part of the sEt of sEt Section 10, Township 19 North,

Beginning at the NW corner of said forty and run thence
South 89° 10' East 8.77 chains to a point where the West
boundary of Highway No.5 crosses the North line of said
forty at a concrete post,rrun thence South 36° 30' East
along the West boundary of said Highway 8.288 chains to a
point of beginning for the tract herein described; run
thence South 76° 25stWest~;8;.2~ichai:Qsc;tOnpoint;
run
thence North 66° 15' West 6.25 chains to a concrete post
on the West line of said forty, run thence South along the
West line of said forty to the SW corner thereof, run thence
East 60 rods to a point,rrun thence North to a point where
the line intersects the West boundary of Highway No.5, run
thence in a Northwest direction along said highway to the
point of beginning, containing 20 acres, more or less.
All of the swt of sEt of Section 10, Twp. 19 N. R. 13 West,

EXCEPT 11 acres in a parallelogram from East to West
across the South side of said forty, AND ALSO EXCEPT that
portion of forty described above included in Tracts 1, 2, and
3, as set out in Suruey by Warren H. Goforth, Registered
Land Surveyor, recorded August 11, 1972, in Rural Survey
Record B. page 81, containing in this exception 3i acres,
more or less, and containing in lands herein described 25i
ALSO that part of the sEt of the swt of Section 10, Twp. 19 N.
Range 13 West shown at Rural Survey Record B, pa~e 120,
described as follows: Part of the sEt of the SW4 of SectionlO
Twp. 19 North, Range 13 West, described as Beginning at the NE
corner of said forty and run North 89° 52' West 328.3 feet to
the NERy1W line of County Road thence South 58° 50' East
along the R/W line 300 feet, thence South 16° 46' East 112.6
feet, thence North 73° 40' East 33.5 feet,rthence North 1°
20' East, 255.4 feet to the point of beginning, containing
.82 acres, more or less, containing in the aggregate herein
26.32 acres, more or less.
BE IT FURTHER ORDAINED by the City Council of the City of Mountain

Home, Arkansas, that the foregoing lanps be and they hereby are annesed
to and made a part of the Water and Sewer Improvement District Number 3
of the City of Mountain Home, Arkansas, for the purpose of construction
extensions to the existing sanitary sewer system and water system as the
same now exists to serve the property within the boundaries of the
territory hereinabove described, in such manner and with such materials
as the Commissioners of Water and Sewer Improvement District No.3 of
Mountain Home, Arkansas, may deem to be in the best interests of the district
and that the costs thereof be assessed and charged upon the real properties
PASSED AND APPROVED THIS 16 DAY OF JULY, 1973
gf9!/j)~
MAYOR W. W. DICKERSON~
ATTEST:
CITY CLERK P;ENELOPE R.i FEIST
MILESTONE ANNEXATION-HALLMARK SUBDIVISION

ORDINANCE NO. 368

THE CITY OF MOUNTAINHOME, ARKANSAS

for the purposes hereinafter set out; and,
WHEREAS, the City Council of the City of Mountain Home, Arkansas,

has heard all persons desiring to be heard and ascertained that said
Petition was signed by persons owning the majority in value or real
property within said territory; and,
WHEREAS, a Petition was filed in the County Court of Baxter,

County, Mountain Home, Arkansas, and after a hearing in said Court an Order
was taken on May 18, 1973, in which it was determined that due Notice of
Hearing on such was published as required and that the Petition
was in proper ord
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL)OF THE CITY OF

There is hereby annexed and made a part of the City of Mountain

That part of the South! of Section 8 and that part

of the North t if Section 17, Twp. 19 North, Range
13 West, described as follows: From\the t corner
between Section 8--17 run South 0° 25' 45" West
1201.07' al~ng t Section line to the North R/W of
Fuller Street and the point of beginning, thence
along said North R/W N. 89° 36' 15" East 748.46'
thence North 29° 08' East 1327:90', thence
North 52° 35' West~340.57' thence North 37° 25~ Ea~t
275'; thence North 52° 35' W.' 644.47'; thence North
37° 47' E. 546.73'; thence North,63° 27' 30"
West 395.09'; thence S~ 25° 56' W~ 287.70 ; thence
North 81° 52' 45" West 555.50' thence South 83°
42' West 1262.98' to the West line of the sEt swt
Sec. 8; thence along said West line South 0° 14'
30" West 562.94'; thence S0"uth 88° 53' 20" West
35.80' to fence; thence along said fence line South
0° 09' 45" E. 644.09' to the section line between
Sections 8--17 (This point being 39~59' South 88°
35' 15" West of the West 1/16 corner); thence South
0° 51' 30" West along fence to concrete marker;
thence North 89° 02" East 437.62' along fence to
West end of Fuller Street; thence North 89° 10'
East 936.09' along South R/W of Fuller St.; thence
North 0° 25' 45" East 50' to the point of beginning.
PASSED AND APPROVED THIS 16 DAY OF JULY, 1973
Attest;
SOUTHERN MEADOWS 2ND ADDITION

ORDINANCE NO. 369
AN ORDINANCE ANNEXING TO WATER AND SEWER IMPROVEMENT

DISTRICT NO. 3 OF MOUNTAIN HOME CERTAIN TERRITORY CON-
TIGUOUS THEREWITH. . -
WHEREAS, persons claiming to be a majority in value of the

owners of real property in the territory hereinafter described have filed
their petition in writing, praying that the territory be annexed to Water
and Sewer Improvement District No.3 of Mountain Home, for the purposes
WHEREAS, the City Council of the City of Mountain Home, Arkansas~

has heard all persons desiring to be heard, and has ascertained that said
petition was signed by persons owning a majority in value of real property
within said territory;

Section 1: There is hereby annexed to and made a part of Water

and Sewer Imrrovement District #3 of Mountain Home, the following
described territory, to-wit:
That part of the South t of Section 8 and that part

of the North i of Section 17, Twp. 19 North, Range
13 West, described as follows: From the i corner
between Sections 8--17 run South 0° 25' 45" West
1201.07' along i Section line to the North R/W of
Fuller Street and the point of beginning, thence
along said North R/W N. 89° 36' 15" East 748.46' ,
thence North 29° 08' East 1327.90', thence
North 52° 35' West 540.57', thence North 37°
25' E.275'r thence North 52° 35' W. 644.47';
th~ncel'-Jorth37047' E; 546.73'; thence North 63°
2713Q1J\fJes~395~Q9';"thence South 25° 56' West
287.70; thence North 81° 52' 45" West 555.50'
thence South 83° 42' West 1262.98' to the West line
of the sEi swi Sec. 8; thence along said West line
South 0° 14' 30" West 562.94'; thence South 88°
53' 20" West 35.80' to fence; thence along said fence
line South 0° 09' 45" East 644.09' to the section
line between Sections 8--17 (This point belng 39.59'
Sou th 88° 35' 15" West of the West 1/16 corner);
thence South 0° 51' 30" West along fence to concrete
marker; thence North 89° 02" East 437.62' along fence
to West end of Fuller Street; thence North 89° 10'
East 936.09' along South R / W of Fuller Street; thence
North 0° 25' 45" East 50' tome point of beginning.
for the purpose of constructing extensions of the existing sanitary sewer

system to serve the property hereinabove described; to construct extensions
to the water system as same now exists to serve the property within the
boundaries of the territory hereinabove described, in such manner and with
such materials as the Commissioners of Water and Sewer District No.3 of
Mountain Home may deem to be for the best interest of the District, and
that the cost thereof be assessed and charged upon the real property
Section 2: It is ascertained that there is a immediate need for

constructing extensions to the existing sanitary sewer system to serve the
property hereinabove described; to construct extensions to the water
system as same now exists to serve the property within the boundaries
hereinabove first described; therefore, an emergence is hereby decreed to
exist and this Ordinance being necessary for the preservation of the public
health and safety of the people of Mountain Home, this Ordinance shall be
in full force and effect from and after its passage and pUblication.
PASSED AND APPROVED THIS 16 DAY OF JULY, 1973.
ATTEST:
r3au/4£V.~
ORDINANCE NO. 370
AN ORDINANCE REZONING CERTAIN PROPERTY

IN THE CITY OF MOUNTAIN HOME, ARKANSAS
WHEREAS, a Petition has been submitted in writing to the City Council

by the owner of the property hereinafter described praying that the property
be rezoned; and,
WHEREAS, after due notice as required by law, the Planning Commission

of the City of Mountain Home has heard all persons desiring to be heard
at a public hearing on the 16th day of July, 1973, has ascertained that the
Petition was in proper form, that all legal requirements have been complied
wi th; and,
WHEREAS, the Planning Commission has approved that said rezoning be

granted and have recommended to the City Council that such acxion be taken;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

The following described property should be and is hereby rezoned from

Residential (R-l) to Commercial (C-2), to-wit:
Lot No. 219, Carlile Highlands Subdivision, as shown by the

recorded plat thereof. (Baxter Builders, Inc. and High-
lander Realty Office Building.)
PASSED AND APPROVED on this the 16th day of July, 1973.
ATTEST:
CARLILE HIGHLANDS LOT NO. 219

ORDINANCE NO. 371
AN ORDINANCE REZONING PROPERTY IN THE

WHEREAS, persons claiming to be a majority in value of the owneres of

real property hereinafter described have filed a Petition in writing, praying
that said property be re-zoned from Residential, R-2 to Commercial, C-3, and;
City of Mountain Home, Arkansas, has heard all persons desiring to be heard
majority in value of real property within said territory, and;
WHEREAS, a Petition was filed with the Planning Commission of B?xter

County, Mountain Home, Arkansas, and after a hearing before said Commission
on July 16, 1973, and affirmative recommendation was made for the property
to be re-zoned from Residentail R-2 to Commercial, C-3, and;
NOW THEREFORE, BE it ordained by the City Council of the City of

There is hereby re-zoned from Residential, R-2 to Commercial, C-3, the

following described property located in Baxter County, Arkansas, to-wit:
All that part of Lot 9, College Heights Addition

to the town of Mountain Home, Arkansas, that lies
South of the present fence; the OOW corner of said
South part being 88 feet South of the NW corner
of Lot No.9, running East to the East boundary of
said lot to a point that is 154 feet South of the
NE corner of said Lot, being all that portion of
said Lot South of the above described line, being
known as the South half of Lot No.9, more commonly
Known as 119 North Church.
PASSED AND APPROBJmthis 16th day of July, 1973.
APP:i/d~
MAYOR W. W. DIC~ERSON
ATTEST:
Ora B. Macomber 119 North Church

ORDINANCE NO. 372
AMENDMENT TO ORDINANCE NO. 216
AN ORDINANCE REGULATING THE INSTALLATION AND CONNECTION

OF SEWERS AND WATER SYSTEM TO THE SEWER AND WATER SYSTEM OF
THE CITY OF MOUNTAIN HOME, COUNTY OF BAXTER, STATE OF
ARKANSAS
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF MOUNTAIN

HOME, STATE OF ARKANSAS, AS FOLLOWS:
ARTICLE IV - Section (l-A)

From and after the passage of this Ordinance, all sub-divisions or
individual properties, constructing water or sewer systems which are to
be annexed or to connect with the City of Mountain Home's Water or Sewer
System shall be constructed and the engineers shall only let contracts
to experienced, licensed contractors or to contractors who are bonded
by reputable bonding companies with performance bonds guaranteeing the
proper construction of the sewer or water system within said sub-division
for one year after completion.
Section II- This Ordinance being nee;essary for the protection of the
health, safety and welfare of the citizens of Mountain Home, Arkansas,
an emergency is hereby declared to exist and this Ordinance shall be in
full force and effect from and after its passage, approval, recording,
and publication as provided by law.
Section III - This Ordinance is an Amendment to Ordinance No. 216 and

sha 11 not affect any part of Ordinance No. 216 but shall be co-exi stant
therewith.
PASSED AND ADOPTED BY THE COUNCIL OF MOUNTAIN HOME, STATE OF ARKANSAS,

THIS THE 16TH DAY OF JULY, 1973.
APPROVED, .~
sfd/~~
MAYOR w. W~CKERSON
ATTEST:
ORDINANCE NO. 373
AN ORDINANCE PROVIDING FOR THE PLANTING OF

TREES WITHIN THE PARKING AREAS SITUATED
WITHIN THE CITY LIMITS OF MOUNTAIN HOME,
ARKANSAS
WHEREAS, the City Council ofeMountain Home, Arkansas, deems it necessary

to provide for the landscaping and the planting of trees within the city
limits and especially in the parking areas within the city limits of the City
of Mountain H~me, Arkansas; and
WHEREAS, such landscaping will be for the improvment of the ecology and
the orderly growth of the City of Mountain Home, Arkansas; and

Mountain Home, Arkansas, that;
Section 1. That every parking area situated within the confines of

the city limits of the City of Mountain Home, Arkansas, which contains three
thousand (3,000) square feet or more must provide at least one (1) tree or
one (1) attractively landscaped area planted with perennial shrubs and plants
for every three thousand (3,000) square feet, or a major portion thereof.
When such parking areas adjoin two (2) or more streets, the trees and/or
planting areas shall be arranged so that all street frontages receive an equal
amount of trees or landscaping. No more than fifty percent (50%) of the total
required landscaping and/or plantings shall be located within the public
right-of-way. The remainder shall be uniformally distributed throughout the
parking area. An attractively landscaped area shall contain not less than
fourteen (14) square feet. The trees shall be a minimum of six (6) feet in
height unless such height conflicts with other City Ordinances, and one (1)
inch in caliper. For purposes of complying with this section, trees may be
planted in that portion of the public right-of-way adjacent to the parking
area which is not being used as a street.
Section 2. Failure of the City to issue a permit to plant trees in

compliance with this Ordinance will entitle the owner or developer to a
waiver of the requirements of this section.
Section 3. Any person who violates this act shall be deemed guilty of
committing a misdemeanor and shall be fined not less that ten (10) or more
than two hundred (200) dollars, and each day said violation occurs shall be
deemed to be a new violation.
Section 4. This Ordinance being necessary to protect the health,

safety and welfare of the citizens of Mountain Home, Arkansas, an"emergency
is hereby declared to exist and this Ordinance shall be in effect from and
after the day of its passage.
PASSED ON THIS 6th DAY OF AUGUST, 197-3.
ATTEST:
CITY CLERK~OP~ R. FEIST
TREES AND SHRUBS IN PARKING AREAS

ORDINANCE NO. 374
AN ORDINANCE REGULATING THE KEEPING OF DOGS. PROVIDING

FOR THE TAKING UP AND IMPOUNDMENT OF DOGS AND OTHER ANIMALS.
QUARANTINING AND DESTRUCTION OF DOGS IN CERTAIN CASES AND
MAKING VIOLATIONS A MISDEMEANOR. AND ESTABLISHING AN
ANIMAL CONTROL AUTHORITY TO ENFORCE PROVISIONS OF THIS
ORDINANCE.

HOME, ARKANSAS.
SECTION 1. Definitions:
As used in this ordinance the following terms mean:
OWNER: Any person, group of persons, or corporation owning,

keeping or harboring a dog or dogs.
KENNEL: Any person, group of persons, or corporations engaged

in the commercial business of breeding, buying, selling or boarding dogs.
AT LARGE: Any dog shall be deemed to be at large when he is off

the property of his owner and not under control of a competent person.
RESTRAINT: A dog is under restraint within the meaning of this

ordinance if he is controlled by a leash, at "heel" beside a competent
person and obedient to that person's commands, on or within a vehicle being
driven or parked on the streets, or within the property limits of its owners
or keeper.
SPAYED FEMALE: Any bitch which has been operated upon to prevent
conception.
ANIMAL SHELTER: Any premises designated by action of the City

for the purpose of impounding and caring for all animals found running at
large in violation of this ordinance.
ANIMAL CONTROL AUTHORITY: The provlSlons of this ordinance

shall be enforced by the Animal Control Authority. The Animal Control
Authority shall consist of at least five (5) members appointed by the City.
HUMANE SOCIETY: The American Humane Society.
ANIMAL WARDEN: The person or persons employed by the City as

its enforcement officer(s).
EXPOSED TO RABIES: A dog has been exposed to rabies within the

meaning of this ordinance if it has been bitten by, or been exposed to,
any animal known to have been infected with rabies.
SECTION 2. Ehforcement:-
The provisions of this ordinance shall be enforced by the
Warden of the City of Mountain Home.
SEerIaN 3. Restraint:
The owner shall keep his dog under restraint at all times and
shall not permit such dog to be at large, off the premises or property of
the owner, unless under the control of a competent person.
SECTION 4. Impoundment:
(a) Unlicensed dog, or dogs found running at large shall be
taken up by the Animal Warden and impounded in the shelter designated as
the City Animal Shelter, and there confined in a humane manner for a
period of not less than three (3) days, and may thereafter be disposed
of in a humane manner if not claimed by their owners. Dogs and cats not
claimed by their owners before the expiration of 10 days may be disposed
of atme descretion of the said authority, except as hereinafter provided
in the cases of certain dogs and cats.
(b) The Animal Warden may transfer title of all animals held
by it at its animal shelter to the Humane Society after the legal detention
period has expired and the animal has not been claimed by its owner.
DOG ORDINANCE Page lof 5

ORDINANCE NO. 374 Continued
(c) When dogs are found running at large, and their ownership
is known to the Animal Warden, such dogs need not be impounded, but the
agent may, at his descretion, cite the owners of such dogs to appear in
court to answer to charges of violation of this ordinance.
(d) Immediately upon impounding dogs, or other animals, the

Animal Warden shall make every possible effort to notify the owners of
such dogs, or other animals so impounded, and inform such owners of the
conditions whereby they may regain custody of such animals.
(e) Animals other than dogs and cats shall be impounded when
found running at large within the city limits and disposed of in accordance
with law.
SECTION 5. Redemption of Impounded Animals:

(a) The owner shall be entitled to resume possession of any
impounded dog, except as hereinafter provided in the cases of certain dogs,
upon compliance with the license provisions and the payment of impoundment
fees set forth herein.
(b) Any other animal impounded under the prOVlSlons of this

ordinance may be reclaimed by the owner upon the payment of impoundment
fees set forth herein.
(c) Any animal impounded under the provlslons of this ordinance

and not reclaimed by its owner within ten (10) days may be humanely destroyed
by the Animal Warden, have its title transferred to the Humane Society as
provided for in Section 6 (b), or placed in the custody of some person
deemed to be a responsible and suitable owner, who will agree to comply with
the provisions of this ordinance and such other regulations as shall be
fixed by the City of Mountain Home. Provided, if the animal is one as to
which the respective rights of the owner and the person in possission or
custody are determined by state law, such law shall be complied with.
(d) The owner of an animal impounded and not redeemed within

the required holding period, shall be responsible for legal fees incurred
whether or not claimed.
SECTION 6. Impoundment Fees:

Any animal impounded hereunder may be reclaimed as herein
provided upon payment by the owner to the Animal Warden of the sum of
Five Dollars ($5.00) for each dog, and the additional sum of One Dollar and
Fifty Cents ($1.50) for each day such dog is kept after the expiration of
the legal detention period; Five Dollars ($5.00) for each cat, and the
additional sum of One Dollar ($1.00) for each day such cat is kept after the
expiration of the legal detention period; and Ten Dollars ($10.00) for any
other animal, and the additional sum of Two Dollars ($2.00) for each day
such animal is kept after the legal detention period. All fees set forth
herein shall be collected by the Animal Warden for the City of Mountain Home.
SECTION 7. Confinement of Certain Dogs and Other Animals:

(a) The owner shall confine within a building or secure enclosure,
every fierce, dangerous, or vicious dog, and not take such dog out of such
building, or secure enclosure unless such dog is securely muzzled.
(b) Every female dog or cat in heat shall be kept confined to

the owner's property or in a veterinary hospital or boarding kennel, in
such manner that such female dog or cat cannot come in contact with another
animal, except for intentional breeding purposes.
(c) No wild animal may be kept within the city limits, except
under such conditions as shall be fixed by the City of Mountain Home,
provided, however, that wild animals may be kept for exhibition purposes
by circuses, zoos, and educational institutions in accordance with such
regulations as shall be established by the City of Mountain Home.
(d) Any animal described in the foregoing sub-sections of

Section 9 of this ordinance, found at large~ shall be impounded by the
Animal Warden and may not be redeemed by owners, unless such redemption
be authorized by any court having jurisdiction.
(e) When in the judgment of a licensed veterinarian and the
Page 2 of 5
Animal Warden, an animal should be destroyed for humane reasons, such

animal may not be redeemed.
SECTION 8. Rabies Control:

(a) Every animal which bites a person shall be promptly
reported to the Animal Warden, and shall thereupon be securely
quarantined at the direction of the Animal Warden for a period of
ten (10) days, and shall not be released from such quarantine except by
written permission of the Animal Warden, such quarantine may be on the
premises of the owner, at the shelter designated as the City Animal
Shelter.
(b) Upon demand made by the Animal Warden, the owner shall
forthwith surrender any animal which has bitten a human, or which is
suspected as having been exposed to rabies, for supervised quarantine
which expense shall be borne by the owner, and may be reclaimed by the
owner if adjudged free of rabies, upon payment of fees set forth in
Section 8 of this ordinance, and uponcomplianc.e of licensing provisions.
(c) When an animal under quarantine has been diagnosed as

being rabid, or suspected by a licensed veterinarian as being rabid, and
dies, naturally (not killed), while under such observation, the
veterinarian shall immediately send the head of such animal to the
appropriate Health Department for pathological examination, and shall notify
the proper public health officer of reports of human contacts, and the
diagnosis made of the suspected animal.
(d) When a laboratory report, either preliminary of final

gives a positive diagnosis of rabies, of three or more in thirty days time,
the Health Officer for the City of Mountain Home shall declare a city-wide
quarantine for a period of sixty (60) days, and upon the invoking of such
quarantine, no animal shall be permitted to be at large ex~ect on a leash
and accompanied by a responsible person during such period of quarantine.
During such quarantine no animal may be taken or shipped from the city
without written permission of the Animal Warden. During this quarantine
period and as long afterward as he decides it is necessary to prevent the
spread of rabies, the local (city or county) health officer shall require
all dogs, 3 months of age and older, shall be vaccinated against rabies
with a canine rabies vaccine approved by the Biologics Control Section
of the U. S. Department of Agriculture. The types of approved canine
anti-rabies vaccine to be used and the recognized duration of immunity for
each shall be established by the local health officer. All vaccinated dogs
shall be restricted (leashing or confinement on enclosed premises) for
thirty (30) days after vaccination. During the quarantine period, the
local health officer shall be empowered to provide for a program of mass
immunization by the establishment of temporary emergency canine rabies
vaccination clinics strategically located throughout the area of health
jurisdiction.
No dog which has been impounded by reason of its being a stray,

unclaimed by its owner, is allowed to be adoptid by the Animal Shelter
during the period of rabies emergency quarantine, except by special
authorization of the Public Health Official and the Animal Warden.
(e) During such period of rabies quarantine as herein mentioned,

every animal bitten by an animal adjudged to be rabid, shall be forthwith
destroyed, or at the owner's expense and option, shall be treated for rabies
infection by a licensed veterinarian, or held under 180 days quarantine
by the owner in the same manner as other animals are quarantined.
(f) In the event there are additional positive cases of rabies

occurring during the period of the quarantine, such periods of quarantine
may be extended for an additional sixty (60) days.
(g) No person shall kill, or cause to be killed, any rabid

animal; any animal suspected of having been exposed to rabies, or any
animal biting a human, except as herein provided, nor remove same from
the city limits without written permission from the Animal Warden.
Page 3 of 5
(h) The carcass of any dead animal exposed to rabies shall

upon demand be surrendered to the Animal Warden.
(i) The Animal Warden shall direct the disposition of any

animal found to be infected with rabies.
(j) No person shall fail or refuse to surrender any animal

for quarantine or destruction as required herein when demand is made thereof
by the Animal Warden.
SECTION 9. Reports of Bite Cases:

It shall be the duty of every physician, or other practitioner,
to report to the Animal Warden the names and addresses of persons treated
for bites inflicted by animals, together with such other ~nformation as
will be helpful in rabies control.
SECTION 10. Responsibilities of Veterinarians:
It shall be the duty of every licensed veterinarian to report

to the Animal Warden his diagnosis of any animal observed by him as a
rabies suspect.
SECTION 11. Exemptions:

(a) Hospitals, clinics, and other premises operated by licensed
veterinarians for the care and treatment of animals are exempt from the
provisions of this ordinance, except where such duties are expressly stated.
(b) The licensing and vaccination requirements of this

ordinance shall not apply to any dog belonging to a non-resident of the city
and kept within the city for not longer than 30 days, provided all such dogs
shall at all times while in the city be kept within a building, enclosure or
vehicle, or be under restraint by the owner.
SECTION 12. Investigation:

For the purpose of discharging the duties imposed by this
ordinance and to enforce its provisions, any agent of the Animal Warden or
any police officer, is empowered to enter upon any premises upon which a
dog is kept or harbored and to demand the exhibition by the owner of such
dog of the license for such dog.
In communities where there is no humane organization to enforce
the state anti-cruelty laws, the addition of the following provision is
recommended:
It is further provided that any agent of the Animal Warden may
enter the premises where any animal is kept in a reportedly cruel or
inhumane manner and demand to examine such animal and to take possession of
such animal when, in his opinion, it requires humane treatment.
SECTION 13. Interference:

No person shall interfere with, hinder or molest any agent of
the Animal Control Authority in the performance of any duty of such agent,
or seek to release any animal in the custody of the Animal Warden, or its
agent, except as herein provided.
SECTION 14. Records:

(a) It shall be the duty of the Animal Warden to keep, or
cause to be kept, accurate and detailed records of the licensing,
impoundment and disposition of all animals coming into its custody.
(b) It shall be the duty of the Animal Warden to keep, or

cause to be kept, accurate and detailed records of all bite cases reported
to it, and its investigation of same.
(c) It shall be the duty of the Animal Warden to keep, or

cause to be kept, accurate and detailed records of all monies belonging
to the City Of Mountain Home, which records shall be open to inspection
at reasonable times by such persons responsible for similar records of
the City of Mountain Home and shall be audited by the City of Mountain
Home annually in the same manner as other city records are audited.
Page 4 of 5
SECTION 15. Penalty:

Any person violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and punisbed by a fine not less than ten
dollars ($lO.OO)nor more than two hundred and fifty dollars ($250.00) and if
such violation be centinued, each day's violation shalLbe a .separ at.e offense.
SECTION 16. Severability:

If any part of this ordinance shall be held void such part
shall be deemed severable, and the invalidity thereof shall not affect
the remaining parts of this ordinance.
PASSED AND APPROVED THIS 4th DAY OF SEPTEMBER 1973.
Mayor Pro-Tem Walter Wagner
Page 5 of 5
ORDINANCE NO. 375

WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 TO THE CITY
OF MOUNTAIN HOME, ARKANSAS; ACCEPTING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF MOUNTAIN HOME, ARKANSAS,
MAKING THE SAME A PART OF THE CITY, AND ASSIGNING THE
SAME TO WARDS
Arkansas, by the real estate owners of the land hereinafter described, pray
that said land be annexed to and made a part of the City of Mountain Home,
Arkansas, and
WHEREAS, on the 24th day of September, 1973, the County Court

of Baxter County, Arkansas, found that said petition was signed by all of
the fee simple owners of the said property; that the said territory is contiguous
to the present corporate limits of the City of Mountain Home, Arkansas; that
accurate plats or maps of said territory showing its relationship to the present
city had been filed and made a part of said annexation petition; that proper
notice had been given for the time and in the manner prescribed by law;
and that said lands and terri tory should be annexed to the City of Mountain
Home, Arkansas, subject to the acceptance of the same by the City Council
of said city at the proper time as provided by law, and
WHEREAS, the time fixed by law for appea ling from said order of
taken from said order, and
WHEREAS, the same petitioners have petitioned, in writing, to the

to Water and Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, for the purposes hereinafter set out, and

to be heard and has ascertained that said petition was signed by all the owners
of the real property in said territory,


and adjoining the City of Mountain Home, Arkansas, and to Water and Sewer
Improvement District No. 30f the City of Mountain Home, Arkansas, be and
the same is hereby accepted and annexed to the City of Mountain Home, Arkansas
and W?ter and Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, to-wit: To be zoned R-2 (with exceptions set out belOW):
The following lands in Sec. 16, Twp. 19N.R. 13W.: The

swt NEt; the Nwt sEt, all of the sEt Nwt lying South and
East of the Shipps Ferry Road, as now located containing

16 acres, more or less;
All of the North 3/4 of the NEt swt lying East and South
of the Shipps Ferry Road as now located, containing 28
Part of the sEt NEt described as follows: Beginning at

the NW corner thereof, run thence E. with the N. line thereof
600 ft. to the E. bank of Hicks Creek, run thence in a SW
direction with the meanderings of the E. bank of said creek
470 ft. to the bottom of the natural ravine, run thence in
an Easterly direction with said ravine 200 ft. to the SW ditch
line of the Arkana Road; run thence in a Southeasterly direction
with the meanderings of said road 606 ft. 10" to the NW corner
of the John Hargrave tract, run thence South 450 ft. to
the South line of said sEt NEt, run thence West 1110 ft.
more or less, the the SW corner of said sEt Net run thence
North with the West line thereof to the point of beginning.
EXCEPT part of the sEt NEt Section 16, Twp. 19 N. R. 13

W. bounded and described as follows: Beginning at the
NW corner sEt NEt, run S. 55 degs. 37' East 896.3 ft. to
a point intersecting the centerline of ditch shown and the
West boundary of Arkan2 Road shown, said point being
the point of beginning, thence run the following courses
along said West boundary of Arkana Road, South 21 degs.
31' East 129hft. thence S. 31 degs. 12' East 100 ft. thence
South 41 degs. 45' East 100 ft. thence S. 53 degs. 36' East
100 ft. thence S. 59 degs. 50 ' East 200 ft. thence leaving
said West boundary, run South 0 degs. 40' West 145.9 ft.
thence N. 79 degs. 30' West 972.3 ft. thence N. 47 degs.
14' E. 343.6 ft. thence N. 47 degs. 47' W. 42.9 ft. to the
centerline of creek shown; thence along said centerline
of creek, North 40 degs. 04' East 215.5 ft. to the point of
intersection with the above mentioned ditch; thence along
the centerline of said ditch S. 84 degs. 30' East 180.2 ft.
to the point of beginning, containing 6.45 acres in this
EXCEPTION, containing in the aggregate of the lands herein
described in the sEt NEt 19.05 acres, more or less.
Also all the NEt sEt except the tract described as follows:
Begin at the NE corner thereof and run S. 236.2 ft. along
the E. line thereof to a point, run thence W. 210 ft. run
thence N. 236.2 ft. to the N. line of said NEt sEt run thence
E. 210 ft. along said line to the point of beginning, containing
herein 38 3/4 acres, mil all in Sec. 16, Township 19 North,
Range 13 West.
The following lands are to be zoned Commercial C-2:
A part of the swi NEt and a part of the sEt NWi, Sec. 16,
T-19-N, R-13-W, Baxter County, Arkansas, described as
follows: Beginning at the NW corner, swt NEt, Sec. 16,
T-19-N, R-13-W, run thence S. 23 deg. 26' E. 65.4 ft. to
the point of beginning; run thence East, 300.0 ft. along
the south R/W line of 16th St. ( Arkana Road ); thence South
260.0 ft.; thence S. 26 deg. 06' W, 327.4 ft.; thence S. 44
deg. 29' W. 398.1 ft. to the northeast side of a 100ft. A P & 1
power line R/W; thence N. 48 deg. 47' W. 2707ft. along
the northeast side of the 100 ft. A P & L power line R/W to a
point where it intersects the southeast R/W line of Shipps
Ferry Road (Highway 201); thence Northeasterly, 770.0 ft.
parallel ,to the curve of the southeast R/W line of Shipps Ferry
Road to the point of beginning. Containing 6 acres more or
less, later to be known asCommercial Tract "A", Lynnwood
Subdivision, Mountain Home, Arkansas.
A part of the sEt Nwi, Sec. 16 T-19-N, R-13-W, Baxter

County, Arkansas, described as follows: Beginning at the
NE corner, sEt Nwi, Sec. 16, T-19-N, R-13-W, run thence
S. 23 deg. 26' E. 65.4 ft.; thence Southwesterly, 770.0
ft., parallel to the curve of the southeast R/W line of
Shipps Ferry Road (Highway 201) to a point where the
southeast R/W line of Shipps Ferry Road intersects the
northeast side of a 100 ft. A P & L power line R/W; thence
S. 44 deg. 36' W. 109.2 ft. to the point of beginning. Said
point being the point of intersection of the southeast R/W
line of Shipps Ferry Road and the southwest side of a 100 ft.
A P & L power line R/W. Run thence S. 48 deg. 47' E. 277.0
ft. along the 100 ft. A P & L power line R/W; thence S. 43 deg.
17' W. 474.0 ft.; thence N. 43 deg. 39' W. 301.3 ft.; thence
N. 46 deg. 16' E. 449.8 ft. along the southeast R/W line of
Shipps Ferry Road to the point of beginning. Containing 3
acres more or less, later to be known as Commercial Tract
"B" Lynnwood Subdivision, Mountain Home, Arkansas.
Section 2. A portion of the foregoing lands were previously designated

on the city's maps as an industrial area. However, there is no existing ordinance
~nnexing same into the city and the county records contain no order of the County
Court surrendering same to the city. However, to the extent that the designation
has legal effect in making the property and industrial zo~e, such zoning is changed
by this ordinance.
Section 3. That the above discribed territory shall be annexed to and

made a part of Ward 4 of the City of Mountain Home, Arkansas, and the same
henceforth be a part of said Ward as fully as existing parts of said W?rd.
Section 4. Extensions to the existing sanitary sewer and water systems

as now may exist may be built to serve the property within the bounds of the
above described territory in such manner and with such materials as the
Commissioners of Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, may deem to be the best interest of the said District.
The costs thereof may be assessed upon the real properties hereinabove discribed
as benefits thereto.
PASSED AND APPROVED THIS 5 day of November, 1973.
APPROVED:
~
Mayor Pro-Tern Walter Wagner
ATTEST:
Annexation of Lynnwood Subdivision

ORDINANCE NO. 376
AN ORDINANCE APPROVING THE SALE OF WATER BY THE CITY

OF MOUNTAIN HOME, ARKANSAS TO THE CITY OF COTTER,
ARKANSAS PROVIDING FOR CONTRACT CONDITIONS, RATES,
\ REGULATIONS AND OTHER MATTERS PERTAINING THERETO.
\ WHEREAS, the City of Cotter, Arkansas, has received an E.D.A.

Grant to\~nstall a water line and desires to connect m the City of
Mountain Nome,
\
Arkansas water system and to purchase water, and;
~~REAS, the City of Mountain Home, Arkansas is agreeable to

selling wat~to the City of Cotter, Arkansas, and;
IT THEREFORE ORDAINED by the City Council of the City of

Mountain Home Arkansas:
Sectiqn I. The City of Mountain Home, Arkansas egrees to

furnish water to the City of Cotter, Arkansas from that poruon of its
supply capaCity~over and above the requirement of the City of Mountain
Home's residents.
Section JI. The conditions under which the City of Mountain

Home shall sell w~~er to the City of Cotter, Arkansas are as follows:
CONDITIONS\(a) Customer must contract for its Maximum Day use

which will be knownT~s RESERVED CAPACITY. For the purpose of determining
the RESERVED CAPACITY~ it will be assumed that the Maximum Day will occur
during the months of JUly or August and any increase in the daily take
during this period Wil~ automatically become the basis for determining
the CAPACITY CHARGE the,eafter. In no case will customers contracted
RESERVED CAPACITY be les~ than 5.31% of its estimated Maximum Month use.
(b) ~he City of Cotter, Arkansas agrees to pay the

connecting costs and charges that should be made by the City of Mountain
Home, Arkansas and to acce~t deliverly at the supply point at the line
pressure at said point. \
(c) cu\tomer must make advance application for any

increase in its RESERVED CAP~CITY.
Section III. The m~thlY rate to be charged by the City of

Mountain Home, Arkansas to th~\City of Cotter, Arkansas shall be derived
as follows:
CAPACITY CHARGE (a) A \ lat monthly charge determined by the

application of Customer's RESERVPP CAPACITY in millions of gallons,
or fraction thereof, to the rate 0/ $1,352.00 per million gallons.
\
COMMODITY CHARGE (a) The ~ommodity Charge per 1,000 gallons
supplied will be determined each morl~h on the basis of the actual cost
of operation of the Mountain Home wa~er plant and well system, plus
one-twelfth of annual amount paid to ~. S. District Engineer for water
rights on Lake Norfork. The total cost so obtained will be divided by
the gallonage output of both plant and\ells and a cost per 1,000 gallons
determined. This resultant cost will b~~pPlied to the gallonage supplied
to customer at City's metering point. .~
(b) Where custo~er is supplied from City's

high pressure system for which additional p~ping is required, the
cost per 1,000 gallons determined on the basls of (a) above, will be
increased by the cost of electric energy for ~umping and telephone
service for monitoring. The total of these tW0 items will be increased
7.5% and the resultant total will be divided by the gallonage of water
pumped into said high pressure system during the billing month and the
additional cost per 1,000 gallons determined.
MONTHLY CHARGE 0a) The monthly charge will be the capacity

charge plus the commodity charge and bills for same wfll be rendered
on the 15th and payable on the 25th of the fOllOwing'mo~Q:
(May~r J. E. Flanders
'--'
ATTEST:
Sale of Water to Cotter Contract

AN ORDINANCE WITH RESPECT TO FIXING RATES TO BE CHARGED
FOR THE SALE OF SURPLUS WATER INCLUDING RATES TO BE
CHARGED TO IMPROVEMENT DISTRICTS AND WATER SYSTEMS
CONNECTING TO THE CITY OF MOUNTAIN HOME"S WATER SYSTEM.
WHEREAS, the City of Mountain Home, Arkansas, owns a municipal

water works system having sufficient surpluses above the requirement
of the residents of the City of Mountain Home, Arkansas, and;
WHEREAS, the recent expansion of water systems surrounding

the City of Mountain Home, Arkansas require the furnishing of water, and;
WHEREAS, the City of Mountain Home, Arkansas, has been and will
benefit by selling water to surrounding water systems, and;
IT IS THEREFORE ENACTED AND ORDAINED by the City Council of the

Section I. That the sale of water by the City of Mountain Home,

Arkansas to all surrounding water systems, municipalities and water districts
shall be based upon the following conditions and rates:
CONDITIONS:
(1) Customer must contract for its Maximum Day use which
will be known as RESERVED CAPACITY. For the purpose of determining the
RESERVED CAPACITY, it will be assumed that the Maximum Day will occur during
the months of July or August and any increase in the daily take during this
period will automatically become the basis for determining the CAPACITY
CHARGE thereafter. In no case will customers contracted RESERVED CAPACITY
be less than 5.31% of its estimated Maximum Month use.
(2) Customer will pay the full cost of the metering

equipment at its supply point or points and accept delivery at line
pressure at that point. The City will install metering equipment which
will record the daily, as well as the monthly, gallonage supplied and
customer will pay the full cost of same, plus the m st of any connecting
lines required to connect City's line to customers system.
(3) Customer must make advance application for any

increase in its RESERVED CAPACITY.
CAPACITY CHARGE:
A flat monthly charge determined by the applicantion of
Customers RESERVED CAPACITY in millions of gallons, or fraction thereof, to
the rate of $1,352.00 per million gallons.
COMMODITY CHARGE:
(1) The Commodity Charge per 1,000 gallons supplied will
be determined each month on the basis of the actual cost of operation of
the Mountain Home water plant and well system, plus on-twelfth of annual
amount paid to U. S. District Engineer for water rights on Lake Norfork.
The total cost so obtained will be increased 7.5% to cover supervision
and the total amount will be divided by the gallonage outp~t of both plant
and wells and a cost per 1,000 gallons determined. This resultant cost
will be applied to the gallonage supplied to customer at City's metering
point.
(2) Where customer is supplied from City's high

pressure system for which additional pumping is required, the cost per
1,000 gallons determined on the basis of (1), above, will be increased
by the cost of electric energy for pumping and telephone service for
monitoring. The total of these two items will be increased 7.5% and the
resultant total will be divided by the gallonage of water pumped into said
high pressure system during the billing month and the additional cost per
1,000 gallons determined.
MONTHLY CHARGE:
The monthly charge will be the capacity charge plus
the commodity charge and bills for same will be rendered on the 15th and
payable on the 25th of the following month.
LIMITATION:
The City reserves the right to limit the customers
served under this Schedule to that portion of its supply capacity over
and above the requirement of the City of Mountain Home.
Section II. That the City Council of the City of Mountain Home,
Arkansas recognizes the fact that there are currently several contracts
with improvement districts whose boundaries border the City of Mountain
Home, Arkansas and that the above rates shall apply to these improvement
districts and other contracts wherein the City is the seller of water
upon the renegotiation dates currently existing in the contracts. In
other words, all contracts should be made to conform with this Ordinance
at its existing negotiation date or sooner if possible.
Section III. That all Ordinances in conflict herewith are hereby

amended so that this Ordinance shall govern for the sale of wholesale water.
Section IV. This Ordinance being necessary for the Health and
Welfare of the people of the City of Mountain Home, Arkansas, and emergency
is hereby declared to exist and this Ordinance shall be in effect upon and
from its passage.
PASSED this 7th day of January, 1974.
APPROVED:
~:oiJ. E. Flanders
ATTEST:
Rates for selling wholesale water

ORDINANCE NO. 378
AN ORDINANCE FIXING THE PERMIT FEES AND GROSS RECEIPTS

TAX ON PRIVATE CLUBS SITUATED WITHIN THE CONFINES OF
THE CITY OF MOUNTAIN HOME, ARKANSAS PROVIDING FOR
VIOLATIONS THEREOF FOR RULES AND REGULATIONS FOR THE
INFORCEMENT THEREOF AND OTHER MATTERS PERTAINING
THERETO.
WHEREAS, the city of Mountain Home, Arkansas has located within

the present city limits several private clubs where intoxicating liquors
are sold, and;
WHEREAS, Ark. Stat. Ann. Sec. 48-1410 authorizes municipalities

to charge annual permit fees and gross proceeds or gross receipt taxes
against said private clubs where intoxicants are sold, and;
WHEREAS, it would be to the best interest of the citizens and

residents of the city of Mountain Home to fix said rates and gross receipt
taxes, and;
THEREFORE, it is hereby ordained by the City Council of the city

SECTION I. That from and after the inactment and passage of this
ordinance all private clubs selling intoxicating beverages created and
existing by virtue of Ark. Stat. Ann. Sec. 48-1410, situated within the city
limits of the city of Mountain Home, Arkansas, shall pay to the City Clerk
or City Treasurer one half (!) of the amount of the annual permit fee
(state fee at present is $500.00) charged by the state of Arkansas,
($250.00), as provided by the above quoted statute, or one half (!) of that
rate for an annual permit fee as may be amended by said Arkansas statute.
SECTION II. That from and after the inactment and passage of this
ordinance all private clubs within the city of Mountain Home, Arkansas shall
pay to the City Clerk or City Treasurer the sum of one half (!) of the gross
proce.eds or gross rec1}pts tax as provided by Ark. Stat. Ann. Sec. 48-1410
(at the present time ~) as the present charge under the state statute is
JB%./2~f the aforementioned state statute be amended in.the future raising
or-lowering the gross receipts and gross proceeds tax from its' current 10%
rate, the rate as fixed by this ordinance shall be one half ct)
thereof.
SECTION III. That the City Clerk and City Treasurer are hereby to
promulgate reasonable rules and regulations for the inforcement and collection
of the taxes levied herein including requiring each permittee to maintain
records showing charges for mixed drinks or for the cooling and serving of
beer and wine.
SECTION IV. If any permi ttee shall fail to remit any fee or taxes
levied by this ordinance then the City Clerk and the City Treasurer shall be
authorized to revoke said permit. Said failure to remit any of the fees or
taxes provided herein shall also be deemed a misdemeanor punishable by a
sum of not less than $150.00 and not more than $500.00 and each separate day
said annual permit fee or taxes remains unpaid shall be a separate offense.
SECTION V. There being an immediate need for the issuance of permits

and taxation of private clubs within the city of Mountain Home, Arkansas, an
emergency is declared to exist and this ordinance being necessary for the
protection of the public health, safety, and welfare is declared to be in
full force and effect immediately upon and after its' passage.
PASSED this 7th day of January, 1974.
APPROVED:
.------:.
~ f".~-\- ~\jh ...'--0\.. v,>---
\.
~~or J. E. Flanders
ATTEST:
ORDINANCE NO. 388

TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 TO THE
CITY OF MOUNTAIN HOME, ARKANSAS; ACCEPTING THE
MOUNTAIN HOME, ARKANSAS AS COMMERCIAL C-2 PROPERTY
MAKING THE SAME A PART OF THE CITY, AND ASSIGNING
THE SAME TO WARDS
WHEREAS, a petition was filed with the County Clerk of Baxter

County, Arkansas, by the real estate owners of the land hereinafter
described, pray that said land be annexed to and made a part of the City
of Mountain Home, Arkansas, and
WHEREAS, on the 4th day of January, 1974, the County Court of

Baxter County, Arkansas, found that said petition was signed by all the
.fee simple owners of the said property; that the said territory is conti-
guous to the present corporate limits of the City of Mountain Home, Ark-
ansas; that accurate plats or maps of said territory showing its relation-
ship to the present city had been filed and made a part of said annexa-
tion petition; that proper notice had been for the time and in the manner
prescribed by law; and that said lands and territory should be annexed
to the City of Mountain Home, Arkansas, subject to the acceptance of the
same by the City Council of said city at the proper time as provided by
law, and
WHEREAS, the time fixed by law for appealing from said order
of annexation made by the County Court has expired, and no appeal has
been taken from said order, and
WHEREAS, the same petitioners have petitioned, in writing, to

the City of Mountain Home, Arkansas, praying that said property be annexed
to Water and Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, for the purposes hereinafter set out, and

to be heard and has ascertained that said petition was signed by all the
owners of the real property in said territory,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City

Section 1: That the following described lands in territory

contiguous and adjoining the City of Mountain Home, Arkansas, and to Water
and Sewer Improvement District No.3 of the City of Mountain Home, Arkansas,
be and the same is rereby accepted and annexed to the City of Mountain Home,
Arkansas, as Commercial C-2 property, and Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, to-wit:
That part of the Nwt Net of Section 3, Township 19 North,

From the NW corner of said forty, run South 4 deg. 451

West along an old property line, 789 feet, to the North
right of way line of U. S. Highway #62, thence North 66
deg. OlID East along the North line of said Highway #62,
368.4 feet to SW corner of Speight tract, run thence
North 3 deg. 86' West 180 feet to NW corner of Speight
tract, run thence North 64 deg. 38; East 155 feet to
West line of Public Road, run thence along West line of
Public Road to a point that is S. 12 deg. 25' West 115 feet
from North line of forth, run thence West parallel to
North line of forth 95 feet to SW corner of tract retained
by Olsen, run thence Northeast parallel to County Road
115 feet to North line of forty, run thence West along
North line of forty to the point of beginning. Containing
6 acres, more or less.
Section 3: Extensions to the existing sanitary sewer and

water systems as may now exist may Built to serve the property within
the bounds of the above described territory in such manner and with
such materials as the Commissioners of Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, may deem to be
the best interest of the said District. The cost thereof may be
assessed upon the real properties hereinabove described as benefits
thereto.
PASSED AND APPROVED THIS 4th day of February, 1974.
APPROVED:
Mq~or 3. E. Flanders
~ .
ATTEST:
Kent Chevrolet Property Hwy 62

145
ORDINANCE NO. 389
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH RESPECT

TO AREA RE-ZONED
That proper petitiones were filed by property owners request-

ing a change in zoning; that said petitions were submitted to the
Planning Commission of the City of Mountain Home, Arkansas; that notice
of said petition in a public hearing was published in a newspaper having
local circulation as required by Ordinance No. 163 on the posting of
notice on subject property in accordance with Ordinance No. 283; that a
after be rezoned.

ARKANSAS:

A part of the Nwt Nwt of Section 9 and a part

of the NEt NEt of Section 8, T 19 N, R 13 W
described as follows: From the N. S€ction
corner between Sections 8 and 9, T 19 N, R 13
W, run E 121.8', thence S. 1 deg 55' W.
895.0' to the point of beginning of the
property herein described, run thence S. 5 deg
23' W. 170.73', thence S. 12 deg 28' W. 90.0'
th€nce N. 81 deg 13' W. 510.87', thence N. 0 deg
37' W. 232.56', thence S. 85 deg 30' E.
546.66' to the point of beginning, containing
herein 2.99 acres.
The property to be generally described as being located on the

West side of Dyer Street directly across Dyer Street from the SW corner
of the City Park having 280' of frontage on Dyer Street and running
approximately 525' deep having a small white house located in the East
center portion thereof facing Dyer Street.
This rezoning is subject to the property hereinabove described

being used for multiple apartments only, not to exceed Two (2) stories
or Forty (40) feet in height. If construction of multiple apartment units
has not begun within Three (3) years of the date of this ordinance, then
the above discribed property shall automatically revert to an R-l rezoning.
ENACTED THE 4th DAY OF FEBRUARY, 1974. AND DECLARED EFFECTIVE

APPROVED:
ATTEST:
ORDINANCE NO. 390
AN ORDINANCE FOR THE PURPOSE OF VACATING PORTIONS OF

FIFTH STREET AND ELM STREET IN LANE'S ADDITION TO THE
CITY OF MOUNTAIN HOME, ARKANSAS AS SHOWN BY THE RECORDED
PLAT THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, A PETITION WAS DULY FILED IN THE CITY COUNCIL, OF

THE CITY OF MOUNTAIN HOME, ARKANSAS, asking that the following streets
be abandoned:
Fifth Street running between the South one-half

of Block 34 and Block 35 and Elm Street laying
West of the South one-half of Block 34 and
Block 35 and East of Blocks 42 and 43 in Lane's
Addition to the Town of Mountain Home, Arkansas,
as shown by the recorded plat thereof.
WHEREAS, after due notice as required by law, the Council,

has at the time and place mentioned in the Notice, heard all persons
desiring to be heard on the question and has ascertained that the said
streets hereinbefore discribed are shown in Lane's Addition to the Town
of Mountain Home as streets; but the same have never been used by the
general public; that, in fact, the said streets have never been built
and the said nonuser is for a period of more than Five (5) years last
passed; and the public interest and welfare will not be adversely
affected by abandonment of said streets; that all abutting land owners
have consented.to the abandonment of these streets.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY

OF MOUNTAIN, HOME, ARKANSAS:
Section 1. The City of Mountain Home, Arkansas hereby releases,

vacates and abandons all its rights, together with the rights of the
public generally, in and to the said streets above described and vests
such rights therein in the fee simple owners of the property above
described, in accordance with Arkansas Statute Annotated 19-3830.
Section 2. A copy of this ordinance duly certified by the

City Recorder shall be filed in the office of the Recorder of Deeds and
Records of Baxter County, Arkansas, and recorded in said records.
Section 3. This ordinance shall take effect and be in full

force from and after its passage.
PASSED AND APPROVED THIS 4th day of February,1974.
APPROVED:
ATTEST:
Vacating a portion of 5th Street and Elm Street

ORDINANCE NO. 391
AN ORDINANCE AMENDING ORDINANCE NO. 73, CHANGING BOUNDARY LINES OF VOTING

WARDS WITHIN THE CITY OF MOUNTAIN HOME, ARKANSAS
WHEREAS, on February 20, 1974 the City of Mountain Home, Arkansas

received a request from the Baxter County Election Commission; and
WHEREAS, this same request was presented to the Council on June 18,
1974 and approved; and
NOW THEREFORE, in compliance with said request be it enacted and

ordained by the City Council of the City of Mountain Home, Arkansas:
SECTION 1: That the boundary line for the city's four (4) Wards
shall be changed as follows:
Ward I shall include all the territory east of College Street

and north of Sixth Street.
Ward II shall include all the territory west of College Street

and north of Sixth Street.
Ward III shall include all the territory west of College Street
and south of Sixth Street.
Ward IV shall include all the territory east of College Street

and south of Sixth Street.
SECTION 2: That the Council recognizes it is in the best interest of the

residents of the City of Mountain Home, Arkansas that the above change be made
so as to provide equal Voting Wards, and that the Baxter County Election
Commission has legal authority under Arkansas Statute 3-601 to direct that
such a change be made.
SECTION 3: That this ordinance being necessary for the peace, health
and safety of the residents of the City of Mountain Home, Arkansas, an
emergency is declared to exist and this ordinance shall be in full Dorce and
effect from and after its enactment and approval.
Passed and approved this the 4th day of March, 1974.
~~~ t.. .: --\--.::\O~~ _

~:yor J. E. Flanders
ATTEST:
City Clerk enelope~. Feist
Boundary lines of Wards changed

ORDINANCE NO. 392
AN ORDER ANNEXING PROPERTY CONTIGUOUS THEREWITH TO THE CITY OF MOUNTAIN HOME,

ARKANSAS AND ANNEXING CERTAIN PROPERTY TO THE WATER AND SEWER IMPROVEMENT
DISTRICT NO.3, MOUNTAIN HOME, ARKANSAS

property hereinafter discribed having filed a petition praying that said
property be annexed to the City of Mountain Home, Arkansas; and
City of Mountain Home, Arkansas has heard all persons declaring to have an
interest therein and has ascertained that said petition was signed by persons
owning the majority in value of said property; and
WHEREAS, petition was filed in the County Court of Baxter County, Mountain
Home, Arkansas and after a hearing in said Court, an order was taken on
February 15, 1974 in which it was determined that notice of hearing on such
petition was published as required and that the petition was in proper order;
NOW, THEREFORE, BE IT ORDERED by the City Council of the Cityof Mountain

Home, Arkansas th?t the following described property is hereby annexed to and
made a part of the City of Mountain Home, Arkansas, to-wit:
A part of the NEt swt and a part of the Nt SEt Section 8,

Township 19 North, Range 13 West described as follows:
Beginning at the ct corner, run S. 89 deg. 47' W. 197.78
ft. along the North line of the NEt swt; thence S. 15 deg.
27' 15" W. 563.77 ft.; thence S. 24 deg. 17' E. 164.83 ft.;
thence S. 81 deg. 46' 45" E. 962.73 ft.; thence N. 70 deg.
10' E. 686.09 ft.; thence N. 29 deg. 26' 15" E. 462 ft.
to the center of Dodd Creek, thence along the center of
Dodd Creek N. 46 deg. 57' W. 250 ft.; to the East line of
the Nwt SEt; thence N. 0 deg. 42' 45" E. along said East
line 80.00 ft. to the CE 1/6 corner; thence S. 87 deg.
45' W. along the North line of the Nwt SEt 1364.35 ft. to
the C.t corner and the point of beginning, containing 29.75
acres more or less. Subject to Arkansas Power and Light
easement for transmission line.
Also, the following described lands conveyed and to be

dedicated for a public street, as follows: A part of the
SEt Section 8 and a part of the swt Section 9, Twp. 19 North,
Range 13 West, described as follows: Beginning at a point
on the West R/W of U.S. Highway No. 62, this point being
North 12 deg. 54' 30" E. 1439.96 feet fromcthe Section
corner to 8-9-16-17, 30 ft. on each side of the following
described centerline, run N. 65 deg. 57' W. (which is 90
deg. to Highway) 03.15 ft.; thence curve right (.6 -Deflection
angles 20 deg. 43' 30", D-Degrees of curvature = 10 deg.
30'. T-Tangent 99.78 feet, L-Length of curve 197.38
ft.), thence N. 45 deg. 13' 30" W. 394.92 ft., thence curve
left 0.:= 41 deg. 39' 30", D=8 deg. 00', T= 272.48 ft.,
L= 520.73 ft.), thence N. 86 deg. 53' W. 12.95 ft.; thence
curve left (.6.=21deg. 03', D=5 deg. 30', T=193.54 ft.,
L=382.73 ft.); thence S. 72 deg. 04' W. 258.00 ft.,;
thence curve right (b.: 28 deg. 14' 30", D= 10 deg. 30'
T= 137.28 ft., L= 268.97 ft.) thence N. 79 deg. 41' 30"
W. 1.63 ft.; thence curve left (.6.=32deg. 16' 45"; D~
11 deg. 30', T= 144.20 ft., L= 315.47 ft.); thence S.
68 deg. l' 45" W. 292.00 ft.; fromtthis point 25 ft. on
each side of Centerline thence S. 3 deg. 03' 30" E. 278.03
ft. thence S. 63 deg. 27' 30" E. 1165.58 ft. thence S. 49
deg. 21' 30" E. 279.40 ft.,; thence S. 14 deg. 8' E. 195.77
ft.; A. P. & L. R/W crosses this street 3 times to this
point and street follows in A. P. & 1. R/W 49 Beg. 44' 30"
E. 681.40 ft. to W. R/W of U. S. Highway No. 62
A part of the sEt NWt and a part of the swt NEt Section 8,
Tounship 19 N. Range 13 West, described as follows: Begin-
ning at the ct corner Section 8, run S. 89 d~g. 47' W. 197.78
ft., thence N. 15 deg. 27' 15" E. 91.04 ft. to fence corner,
thence N.' 85 deg. 41' E. 128.17 ft. along fence to fence
corner; thence South along fence 12' to fence corner; thence
N. 87 deg. 30' E. along and in line with fence 1034 ft.to
center of Dodd Creek, thence along center of Dodd Creek to
the South line of th€ swt NEt; thence S. 87 deg. 45' W. along
said South line 1254.35 ft. to the ct corner and the point
That said property should be zoned R-l; that said property is annexed to
and made a part of Water and Sewer District Number 3 of Mountain Home, Arkansas
for the purposes of constructing extentions for water and sewer in the manner
as the commissioners of Water and Sewer Improvement District Number 3 man deem
to be in the best interest of the district; and that the city should place the
aforementioned property in the appropriate ward for voting purposes.
PASSED AND APPROVED this 1st day of April, 1974.
c~~'-'-'L~
Mayor J. E. Flanders
City Clerk ene1op~ R. Feist
Annexation of High School

ORDINANCE NO. 393
AN ORDINANCE ASSESSING THE VALUE OF BENEFITS TO BE RECEIVED BY THE OWNERS OF

EACH OF THE SEVERAL BLOCKS, LOTS AND PARCELS OF LAND WITHIN ANNEXATION NO. 1
TO WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF MOUNTAIN HOME, ARKANSAS
WHEREAS, a majority in value of the property owners owning property

adjoining the locality to be affected and situated in Annexation No.1 to
Water and Sewer Improvement District No.3 of Mountain Home, Arkansas,
organized for the purpose of constructing extensions to the existing sanitary
system and extensions to the existing water system to serve the property
within the Annexation, have petitioned the City Council of the City of Mountain
Home, Arkansas, for the construction of the improvement and that the cost there-
of shall be assessed upon the real property of the Annexation according to the
benefits received; and
WHEREAS, the benefits received by each and every block, lot and parcel
of real property situated in the District equal or exceed the total assessment
thereon; and
WHEREAS, the estimated cost of the inprovement to be borne by the District

is $370,000; and
WHEREAS, the assessed benefits amount to $985,787.80;

Section 1. That the several blocks, lots and parcels of real property
in the Annexation be assessed according to the assessment list for the
Annexation as the same now remains in the office of the City Clerk, and that
5% of the assessment of each of the blocks, lots and parcels shall be collected
by the County Collector with the first installment of general taxes becoming
due in the year 1975 and annually thereafter with the first installment of
general taxes until the whole of the total assessment shall be paid.
Section 2. That all Ordinances and Resolution and parts thereof in

conflict herewith are hereby repealed to the extent of such conflict, and this
Ordinance shall be in full force and effect from and after its passage.
PASSED April 15th, 1974.
APPROVED:
lv~
MaG\ J. E. Flanders
ATTEST:
Carlile Highlands Assessments for Water and Sewer

ORDINANCE NO. 394
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH REFERENCE TO ZONING WITHIN THE
CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO CHANGING AREA
That a proper petition was filed by a property owner requesting a change

in zoning; that said petition was submitted to the Planning Commission of the
City of Mountain Home, Arkansas; that notice of said petition and a public
required by Ordinance No. 163; that a public hearing thereon was held; that

A part of the Nwt sEt of Section 4, Township 19 North,

Range 13 West bounded and described as follows: beginning
at the intersection of Hogan Creek and the North line
of the right-of-way of U.S. Highway No. 62 runthence
Northeast with the North line of the right-of-way of
U.S. Highway No. 62 for 70 yards to the Southeast corner
of the H. O. Langston lot (Now owned by Leslie Walker)
for a point of beginning, run thence Northwest with the
Northeast line of the H. O. Langston lot for 526 feet,
run thence Northeast at right angles to the last mentioned
line 80t feet, run thence in a Southeast direction
parallel to the first described line and at a right angle
to the last described line 580 feet to the North line
of the right-of-way of U.S. No. 62, run thence in a
Southwest direction with the North line of said right-
of-way 80t feet to the place of beginning, containing
1 acre, more or less.
Also, that part of the fo llowing described property not

previously rezoned to C-2;
A part of the Nwt sEt of Section 4, Township 19 North,

Range 13 West, bounded and described as follows:' beginning
at the point on the East side of Hogan Creek where same
intersects the North line of the right-of-way of U. S.
Highway No. 62 and run thence up said creek and with the
meanderings thereof 140 yards, run thence in a Northeasterly
direction at a right angle to said creek 70 yards, run
thence in a southeasterly direction ~ a right angle to
last mentioned line and paralled to said creek 140 yards
and to the North line of right-of way of said highway, .
run thence in a Southwesterly direction with said North line
of said Highway to +he point of beginning, containing 2
ENACTED THE 15TH DAY OF APRIL, 1974 and declared effective from and
after its passage.
APPROVED: [,~~
~ Flanders
ATTEST:
Rezoning Leslie Walker property on Highway 62

WHEREAS, the City of Mountain Home, Arkansas has enacted Ordinance # 268
entitled "ORDINANCE IMPLEMENTING ORDINANCE NO. 235 WITH RESPECT TO FIXING
RATES TO BE CHARGED FOR WATER AND SEWER", and;
WHEREAS, it has come to the attention of the City Council of the City
of Mountain Home, Arkansas that Section 1 and Section 2 of said Ordinance
should be amended and specifically with respect to rates to be charged for
water and sewer services, and;
NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of

Section 1. That Section 1 of Ordinance No.268 be changed to read as

follows:
That the rates which have been found as reasonable by the City Council
of the City of Mountain Home, Arkansas to be furnished by the City's Water
Work's System are as follows:
WATER SERVICE RATE SCHEDULE
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SERVICE
AVAILABIL ITY : GENERAL WATER SERVICE
No more than one residential unit or one business house will

be served through one meter except where this condition now
exists or where special conditions make it more practical to
serve through one meter.
Where more than one residence unit (such as a residence,

apartment, mobile home, housekeeping, or other unit) or
business establishment are served through one meter, both
minimum and consumption blocks will be increased in ,proportion
to the number of such units served through the one meter.
Where more than one meter is required to serve a single business
establishment the sizes will be combined for the purpose of
determining the minimum rate. Where multiple residential
units are served through one meter the minimum for each will
be based upon the residential minimum for a 3/4" meter.
MONTHLY RATE
First 2,000 gallons or less per month Minimum

Next 3,000 gallons used per month $.50 per 1,000 gallons
Next 10,000 gallons used per month .45 per 1,000 gallons
Next 35,000 gallons used per month .40 per 1,000 gallons
Excess over 50,000 gallons used per month .35 per 1,000 gallons
MINIMUM CHARGE
Residential Customers
3/4" Meter $ 2.50 per month
Commercial and Industrial Customers
3/4" Meter 3.75 per month
tt
1" " 6.25 "
1 1/4" " 9.40 " "
1 1/2" " 12.50 " "
2" " 25.00 " "
3" " 50.00 tt tt
rt
4" 75.00 " "
292.50 "
II
6" "
8" t t
607.50 " "
SIZE OF METER WILL BE DETERMINED BY THE CITY
PAYMENT
The above rates are net and bills are rendered monthly. If customers
ke.pe~\
pay by the 10th the net bill will apply. After ten days an additional
10% penalty will be added and after 20 days, the bill is delinquent and
the City will discontinue service and, in addition to the delinquent amount
there will be a $3.00 reconnect charge to reinstate the service.
WATER BILLS FOR SERVICE ARE PAYABLE AT THE CITY HALL IN MOUNTAIN HOME.
OUTSIDE CITY LIMITS
All rates will be increased onehundred percent (100%) over rates

applying to customers inside of city limits.
FIRE PROTECTION
Private Fire Hydrants s 60.00 per year

Sprinkler Servi ce - CJYifruV),[<::.<"£.6L Cu-f:# ijC) f
4" Connection up to 1,000 Heads "
6t1
"
11 1T 1T 11
" "
8tl 11 11 11 1T
" " "
Additional Heads
Hose Reels "
No water for any other purpose tham for fire protection will be used
through any fire protection facilities.
Section 2. That the Sewer rates which have been fixed as the rates to
be charged for sewer services furnished by the City of Mountain Home, Arkaasas
Sewer System and which the City Council of Mountain Home, Arkansas has found
to be reasonable and necessary are as follows:
SEWER SERVICE SCHEDULE
RESIDENTIAbCOMMERCIAL AND INDUSTRIAL SERVICE
AVAILABILITY
Residential Service applies to each residential unit such as a

residence, apartment, mobile home or housekeeping unit and the rate quoted
below is applicable to each unit regardless of the number in a building or
at a given location
Commercial or Industrial Service applies to each commercial or business

establishment and where more than one such establishment is served through
one water meter the minimum and the consumption blocks will be increased in
proportion to the number of units served through said meter.
MONTHLY RATE
Residential Service - FLAT RATE $ 2.50 per month
Commercial and Industrial Service

First 2,000 gallons water used per month
- minimum 3.00 per month
Next 3,000 gallons water used per month 0.35 per 1,000 gallons
Excess over 50,000 gallons water used per month 0.20 per 1,000 gallons
PAYMENT
The above rates are net and bills are rendered monthly on the same
statement that bills for water service are rendered. If customer pays by the
10th the net bill will apply. After ten (10) days an additional 10% penalty
will be added and after twenty (20) days the billis delinquent and the City
will discontinue water service.
OUTSIDE CITY LIMITS
All rates will be increased one hundred per cent (100%) over rates applying
to customers inside of City Limints.
Re..
Section 3. That that part of Ordinance No. 268 in conflict with the
rates above mentioned is hereby amended to conform so that the rates in this
Ordinance shall be the rates to be charged.
Section 4. That this Ordinance being necessary to protect the public

health, safety and welfare of the resid~s of the City of Mountain Home,
Arkansas an emergency is hereby declared to exist and this Ordinance shall
be in full force and effect from and after its passage.
PASSED THIS 22nd day of April, 1974.
APPROVED:
~""'-~'--Z e: -\-~~
MGO? J. E. Flanders
AITEST:
Water and Sewer rate raises

ORDINANCE NO. 396
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPECT TO AREA RE-ZONED
BE IT ORDAINED BY-THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
That proper petitions were filed by property owners requesting a change

in zoning; that said petitions were submitted to the Planning Commission of
the City of Mountain Home, Arkansas; that notice of said petition and a public
required by Ordinance No. 163 on the posting of notice on subject property
in accordance with Ordinance No. 283; that a public hearing was held; that all
remonstrances were heard, after which the Planning Commission recommended that
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS

hereby changed in zoning from Residential R-l to Commercial C-l:
TRACT 1:
All of Block No. 35 in Lane's Addition to the Town of

Mountain Home, Arkansas, as shown by the recorded
plat thereof.
TRACT 2:
A part of the swt of the Nwt of Section 9, Township 19

North, Range 13 West, being a part of Lane's Addition
to the Town of Mountain Home, Arkansas, described as
follows: Commence at the SW corner of the C. A. Baker
lot and the SE corner of the John T. Baker, now G. N.
Morris residence lot, and run thence in a southeasterly
direction with the old Mountain Home-Trimble Flat Public
Road 223.5 feet for a place of beginning; run thence in a
Southeasterly direction with the meanderings of said road
175 feet, more or less, and to the West boundary line of
Elm Street, thence run North with the West line of Elm
Street 285.5 feet, more or less, to the SE corner of the
G. N. Morris tract of land, thence in a Southwesterly
direction on the line of the C. A. Baker and G. N. Morris
land 127 feet, more or less, thence in a Southwesterly
direction 262 feet, more or less, and to the place of
beginning.
TRACT 3:
The S~ of Block 34 in Lane's Addition to the Town of Mountain

Home, Arkansas, as shown by the recorded plat thereof,
EXCEPT the SEt of the S~ of Block 34 in Lane's Addition
to the Town of Mountain Home, Arkansas, as shown by the
recorded plat thereof and EXCEPT that part of Block 34 in
the said Lane's addition bounded and described as follows:
Beginning at the NE corner of the S~ of said Block 34 run
thence West on the line between the S~ of said Block a~d
the N~ thereof 100 feet thence South 25 feet, thence East
100 feet thence North 25 feet to the point of beginning.
TRACT 4:
The SEt of the S~ of Block 34, in Lane's Addition to the

Town of Mountain Home, Ar., as shown by the recorded
plat thereof, as follows: Beginning at the NE corner of
the S~ of Block 34, and run thence South 25 feet to a point
of beginning; continue thence South 50 feet, more or less
to the SE corner of Block 34, run thence West 100 feet to
a point, run thence North 50 feet, more or less to a point
due West of the beginning point, run thence East 100 feet
TRACT 5:
A part of Block 34 in Lane's Addition to the Town of Mountain

bounded and described as follows: Beginning at the
Northeast corner of the South Half of Block 34 and run
thence West on the line between the South Half of Block
34 and the North Half of said block 100 feet, thence South
25 feet, thence East 100 feet, thence North 25 feet ~othe
place of beginning.
ENACTED THE 6th day of May, 1974. AND DECLARED EFFECTIVE FROM AND AFTER
ITS PASSAGE.
APPROVED:
~yor J. E. Flanders
ATTEST:
Rezoning of the First National Bank property

ORDINANCE NO. 397
AN ORDINANCE AMENDING ORDINANCE NO. 163 WITH RESPECT TO AREA RE-ZONED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN ,HOME, ARKANSAS:

public hearing was published in a newspaper having legal circulation as
required by Ordinance No. 163 and the posting of notice on subject property
in accordance with Ordinance No. 283; that a public hearing was held; that
That the following real estate in Baxter County, Arkansas, be and is here-
by changed in zoning from Residential R-l to Commercial C-3:
Lots 1, 11, 12, 13, 14, 15, 24, and Tract A, Springpark
Subdivision as shown in the recorded plat thereof.
ENACTED THE 6th DAY OF MAY, 1974.
AND DECLARED EFFECTIVE FROM AND AFTER ITS PASSAGE.
APPROVED:
ATTEST:
Rezoning portions of Springpark Subdivision

WHEREAS, It has come to the attention of the City Council of the City of
Mountain Home, Arkansas that the City of Mountain Home, Arkansas has no police-
men's benefit fund and that such a fund is urgently needed to provide for
policemen's retirement, benefits and other matters; and
WHEREAS, Arkansas Statute Annotated 432414 provides for the collection of

One Dollar ($1.00) from every defendant convicted in the Municipal Court who
is arrested by an officer of said municipality which is to be paid into a
policemen's benefit fund; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mountain

Home, Arkansas that:
Section 1. From and after the effective date of this ordinance there shall
be created in the Treasury of the City of Mountain Home, Arkansas a special fund
to be titled 'The Mountain Home, Arkansas Policemen's Benefit Fund' which shall
be maintained by the City Clerk and the City Treasurer.
Section 2. That from and after the effective date of this Ordinance the
Municipal Court of the City of Mountain Home, Arkansas is hereby empowered to
collect from each defendant found guilty in said Court of an offense committed
within the City Limits of the City of Mountain Home, Arkansas One Dollar
($1.00) which shall be paid from said Court at regular intervals to the City
of Mountain Home, Arkansas into the City of Mountain Home Policemen's Benefit
Fund to be used in said fund as hereinafter described.
Section 3. That from and after the effective date of this Ordinance
there shall be created a Board of Trustees whose duty it shall be to supervise
the City of Mountain Home Policemen's Benefit Fund. Said Board shall consist
of four (4) members; the Mayor, a member of the police force to be elected to
the Board by them, the City Clerk and Treasurer. It shall be the duty of the
forementioned members of the Board of Trustees to invest the monies held by
the City in its treasury for the policemen's benefit fund so that same draws
reasonable interest. It shall be the further duty of the Board of Trustees to
promulgate from time to time the rules and regulations under which retired
policemen, injured policemen or policemen deserving special consideration
shall be paid benefit funds. It shall be further the duty of the Board of
Trustees to promulgate conditions under which families of policemen killed
in the line of duty shall receive benefits. The aforementioned rules and
regulations which are to be drafted by said Board of Trustees shall be
approved by the Council as well as any amendments thereto.
Section 4. This Ordinance being necessary for the public health,

safety and welfare an emergency is hereby declared to exist. This Ordinance
PASSED this 6th day of May, 1974.
Approved:
ATTEST:
Policemen's Benefit Fund

ORDINANCE NO. 402

BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF MOUNTAIN HOME, ARKANSAS:

petition in a public hearing was published in a newspaper having local
circulation as required by Ordinance No. 163 on the posting of notice on
subject property in accordance with Ordinance No. 283; that a public
be rezoned.

ARKANSAS:

and is hereby changed in zoning as follows:
Tract II from R-l to Industrial 1-1:
A part of the Net swt, Section 16, Township 19 North,

Range 13 West, Baxter County, Arkansas, described as
follows: Beginning at the SE corner, Nwi SEt, Section
16, Township 19 North, Range 13 West, run thence S. 87
deg. 29' 57" W. 1407.34 feet; thence N. 1 deg. 50' 30" E.
342.80 feet; thence N. 89 deg. 09' 59" W. 335.48 feet to
the point of beginning. Run thence N. 1 deg. 38' 20" E.
500.0 feet to the South R/W line of proposed Woodlock Road;
thence N. 89 deg. 09' 59" W. 1000.0 feet along the South
R/W of proposed Wooklock Road; thence S. 1 deg. 38' 20"
W. 500.00 feet; thence S. 89 deg. 09' 59" E. 1000.0 feet
to the point of beginning, containing 11.48 acres, more
or less.
Tract III from R-l to Commercial C-2:
TRACT 3':
A part of the set Nwt, Section 16, Township 19 North,

Range 13 West, and a part of the NEt swi, Section 16,
described as follows: Beginning at the NE corner, SEt NWt,
Section 16, Township 19 North, Range 13 West, run thence S.
23 deg. 26 ' E. 65.4 feet; thence Southwesterly, 770.0
feet parallel to the curve of the Southeast R/W line of
Shipps Ferry Road (Highway 201) to a point where the
Southeast R/W line of Shipps Ferry Road intersects the
Northeast side of a 100 ft. AP&L power line R/W (Jones
Blvd.); thence S. 44 deg. 36' W. 100.2 feet to the point
of intersection of the Southeast R/W line of Shipps Ferry
Road and the Southwest side of a 100 ft. AP&L power line
R/W (Jones Blvd.) thence S. 48 deg. 47' E. 277.0 feet
along the Southwest side of a 100 ft. AP&L power line
R/W (Jones Blvd.) to the point of beginning. Continue
thence S. 48 deg. 47' E. 148.0 feet along the Southwest
side of a 100 ft. AP&L power line R/W (Jones Blvd.);
thence S. 43 deg. 17' W. 335.0 feet along the Northwest
R/W line of proposed Coplen Drive; thence S. 20 deg.
02' W. approximately 610 feet along the Northwest R/W
line of proposed Coplen Drive to the North R/W line of
.-proposedWoodlock Road; thence N. 89 deg. 09' 59" W.
approximately 895 feet along the North R/W line of proposed
Woodlock Road to the East R/W line of a proposed 50 ft.
public road R/W; thence N. 1 deg. 38' 20" E. approximately
115 ft. along the East R/W line of said proposed 50 ft.
public road R/W to the Southeast R/W line of Shipps Ferry
Road; thence N. 46 deg. 12' 22" E. approximately 960
feet along the Southeast R/W line of Shipps Ferry Road
to the Southwest corner of Commercial Tract "E", Lynnwood
Estates; thence S. 43 deg. 39' E. 301.3 feet; thence N.
43 deg. 17' E. 474.0 feet to the point of beginning,
containing 13 acres, more or less.
The property to be generally described as being located on the

South side of Highway 201 South and North of Les Skeets present home
fronting about 1,000 feet on Highway 201 and running about 700 feet along
the East side of road leading to Les Skeets home totaling about 24 acres.
ENACTED THE 17thDAY OF JUNE, 1974. AND DECLARED EFFECTIVE FROM

APPROVED:
~2-.~
(-MaYOr J. E. Flanders
ATTEST:
City Clerk Pene10pe R. Feist
Re-Zoning of the Skeet prperty (Aeroequip)

ORDINANCE NO. 399


be rezoned.

ARKANSAS:
That the followiog real estate in Baxter County, Arkansas be

TRACT NO.1: (Owned by John W. Kemp and Jean E. Kemp, His wife)
That part of the swt of the SEt of Section 5, Township 19

North, Range 13 West described as follows: Beginning
at the NW corner of the swt SEt of Section 5, run North
88 deg. 26' East 280.77 feet; thence South 1 deg. 34' East
237.41 feet; thence North 88 deg. 26' East 316.29 feet; thence
South 76 deg. 56' 30" East 45.9 feet; thence South 78 deg.
24' 30" East 108.95 feet; thence South 78 deg. 2' 45" East
95.8 feet; thence South 87 deg. 35' 15" East 100.3. feet;
thence North 87 deg. 26' East 264 feet to a point of beginning
for the tract herein described; run thence North 87 deg.
26' East 100 feet; thence South 1 deg. 34' East 435.6 feet;
thence South 87 deg. 26' West 100 feet; thence North 1 deg.
34' West 435.6 feet to the point of beginning, containing
1 acre, more or less.
TRACT NO.2: (Owned by Robert L. Kerr)
A part of the st of the SEt of Section 5, Township 19 North,

Range 13 West, described as follows: Begin at the NW corner
of the swt SEt Section 5, run N. 88 deg. 26' East 280.77
feet,thence S. 1 deg. 34' East 237.41 feet, thence N. 88
deg. 26' East 316.29 feet, thence S. 76 deg. 56' 30" East
45.9 feet, thence S. 78 deg. 24' 30" East 108.95 feet, thence
S. 78 deg. 02' 45" East 95.8 feet, thence S. 87 deg. 35'
15" East 100.31 feet, thence N. 87 deg. 26' East 364 feet
to a point of beginning, from the point of beginning run
N. 87 deg. 26' East 117.33 feet, thence N. 84 deg. East
82.81 feet, thence S. 1 deg. 34' East 440.55 feet, thence
S. 87 deg. 26' West 200 feet, thence N. 1 deg. 34' West
435.6 feet to the point of beginning, containing 2 acres.
General location of property; This property is between Highway

5 and Baxter General Hospital on the left side of the road, approximately
one block Northeast of the hospital parking lot.
ENACTED THE 3rd DAY OF JUNE, 1974. AND DECLARED EFFECTIVE FROM
APPROVED:
ATTEST:
Re-zoning of Kemp & Kerr property

ORDINANCE NO. 401
AN ORDINANCE PROVIDING FOR THE BUILDING OF PARKING

LOTS; PROVIDING FOR PERMITS FOR THE CONSTRUCTION
THEREOF; AND FOR OTHER THINGS AND MATTERS PERTAIN-
ING THERETO.
WHEREAS, there is no regulation in existence setting forth

requirements for parking 'lots; and
WHEREAS, there is no permit system in operation at the present

time; and
NOW, THEREFORE, the City Council for the City of Mountain Home,
Arkansas in order to provide for the orderly growth of the City of Mountain
Home, Arkansas hereby ordains:
Section I. That from and after the passage of this Ordinance

any contractor, business man or other citizen who desires to construct a
parking lot shall apply to the City of Mountain Home, Arkansas for a permit
for said construction.
Section II. All applications for a permit to construct a parking

lot which are proposed to cover an area of three thousand square feet
(3,000 sq. ft.) or more shall be accompanied by a "Site Plan" which must
show grade, drainage, one foot contour, egress, ingress, curbing on the
side of lots abutting streets and landscaping complying with Ordinance
No. 373.
Section III. Violation of this Ordinance shall be deemed a

misdemeanor punishable by not less than a Fifty Dollar ($50.00) fine nor
more than a Two Hundred Fifty Dollar ($250.00) fine and each day shall be
deemed a separate violation.
Section IV. Cost of all applications shall be l¢ (One Cent)

per square foot. An emergency is declared to exist. This ordinance shall
PASSED AND APPROVED this 17th day of June 1974.
ATTTEST:
Building of Parkino Lots

'~AMENDING ORDINANCE NO. 137 AND AMENDMENTS THERETO
AN ORDINANCE DECLARING WEEDS OF TWELVE INCHES IN

EIGHT A NUISANCE PERSE; PROHIBITING THE GROWTH OF
GH WEEDS; PROVIDING FOR THE CUTTING THEREOF
A D MlNUMUM COSTS FOR THE ABATEMENT OF SAID NUIS NCE.
WHE AS, the City of Mountain Home, Arkansas h s determined that

permitting the rowth of rank vegetation is dangerous t the health and
welfare of the ublic; and,
WHEREAS, more stringent methods are desire for controlling

such growth; and,
IT IS IHER ORE ORDAINED BY the City ncil of the City of

Mountain Home, Arkansa that Ordinance No. 137 d amendments thereto
be amended as follows:
Section I. The bush or other rank vegetation

in excess of twelve inches 2") in s hereby declared to be a
public nuisance, perse, detre ental health, safety and welfare of
the public.
Section II. It shall be n owner, lessee or

agent in control of any lot or piece f land within the City of Mountain
Home to allow weeds, brush or other ra vegetation to attain a height
greater than twelve inches (12") 0 such land or lot.
Section III. That whe ever the Ci Engineer of the City of

Mountain Home, Arkansas shall b informed of a lot or parcel of land
within the city limits which h s weeds, brush 0 other rank vegetation
in excess of twelve (12") inc es then he is autho °zed to abate said
nuisance after having notifi d the owner, lesseeor a ent having control
of the property 14 days pri r thereto, and the expens incurred by the
City for the abatement of he nuisance shall be charged against the
owner and in no case shal the minimum charge be less tha $25.00. In
addition to the aforemen ioned charge there shall be a cha e per hour
for each hour or part t ereof over one (1) hour should it ta e longer to
abate the nuisance.
Section I. That the aforementioned charges for abate ent of

a nuisance shall b billed to the owner of said land or lot and i not
paid turned over 0 the City Attorney for collection as provided b law.
~~~~~V. All portions of any ordinance in conflict here °th

are hereby re ealed. That this Ordinance being necessary for the pro ction
of the pub li 's health, safety and welfare an emergency is hereby deCla\ed
to exist a d this Ordinance shall be in full force and effect from and
after it passage.
PASSED AND APPROVED this the 1st day of July 1974.
APPROVED:
Flanders
ATTEST:
City Clerk Pene~ope R. Feist
Weed Ordinance
ORDINANCE NO. 404
AN ORDINANCE REGULATING CHILD CARE AND PRE-SCHOOL FACILITIES;

PROVIDING FOR LICENSING THEREOF AND OTHER THINGS AND MATTERS
PRETAINING THERETO.
WHEREAS, the City of Mountain Home, Arkansas heretofore has had no

regulations regulating child care and pre-school facilities; and,
WHEREAS, THE City Council of the City of Mountain Home, Arkansas

desires to regulate said facilities in the best interest of the public; and

Section I. That from and after the effective passage of this ordinance
all child care and pre-school facilities shall be required to obtain a City
License in order to operate said facility in the sum of $25.00 on an annual
ba sis.
Section II. That from and after the effective date of this ordinance
all child care and pre-school facilities shall be required to meet all City,
State and County health and sanitation laws, all City, State and County
licensing laws and fire codes.
Section III. That from and after the effective date of this ordinance
any child care facility or pre-school facility not complying with the health~
safety and fire codes aforementioned or failing to obtain a license as pre-
scribed herein shall be closed until said facilities have corrected the hazards
found existing therein or obtaining a license hereunder.
Section IV. That from and after the effective date of this ordinance
should any child care facility or pre-school facility be reported in violation
of this ordinance the City Engineer, Health Officer or other authorized City
Agent shall investigate the report and if it is determined that the facility
is in violation of this ordinance the City shall give notice by registered
mail said violation and the recipient thereof shall have twenty (20) days
within which to correct the deficiency. If the conditions complained of at
the existing facility have not been corrected within the twenty (20) day
period aforementioned, then the City authority shall close the facility and
revoke the owner's license.
Section V. This ordinance being a necessity to protect the public's

health, safety and welfare an emergency is declared to exist and this ordinance
PASSED AND APPROVED this the 15th day of July, 1974.
~'2-~~
~yor J. E. Flanders
AN ORDINANCE PROVIDING REQUIREMENTS FOR PETITIONS FOR ANNEXATION
AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City Council of the City of Mountain Home, Arkansas deems
it necessary to refine and specifically state requirements for petitions for
annexation of lands to the City; and

ARKANSAS THAT:
Section 1. From and after the passage of this ordinance all

petitions for annexation of land to the City of Mountain
Home, Arkansas shall be accompanied by the following
items:
a. A survey plat by a licensed surveyor;
b. The length and bearing of all property lines

for the annexed property is to be indicated on the
survey plat;
c. Total acres of the land to be annexed;
d. The survey plat scale is to be one inch (1")

five hundred feet (500')and the survey plat shall
show the ownership of the property adjacent to the
land being annexed. ~~
Section 2. That the plat mentioned in Section 1. of this ordinance

must be presented to the City Engineer fifteen (15) days
prior to the presentation of the Petition for Annexation
before the Planning Commission. The ordinance which will
be presented to the council for annexation of the land should
be presented to the City Clerk one (1) week before the council
meeting at which time the ordinance will be read and eleven
(11) copies are required for use of the City Recorder.
That a violation of this ordinance shall result in any

annexation petition being refused to be considered by the
Planning Commission or the City Council.
Section 3. This ordinance will be necessary for the health,

safety and welfare of the citizens of Mountain Home,
Arkansas and an emergency is declared to exist and
shall be in effect from and after its passage.
PASSED AND APPROVED this 15th day of July, 1974.
~i..~~
~ayor J. E. Flanders
City Clerk/penel6Pe R. Feist
Annex8tion requirements
ORDINANCE NO. 406
AN ORDINANCE AMENDING ORDI~,NCENO. 163, WITH RESPECT TO AREA RE-ZONED

as required by Ordinance No. 163 on the posting of notice on subject
property in accordance with Ordinance No. 283; that a public hearing was
held; that all remonstrances were heard, after which the Planning Commission
recommended that all property described hereinafter be rezoned.

Tract 1:
Lot No.2 in Block No.1 in First Addition to Langston's

Subdivision, as shown by the recorded plat thereof.
That part of the wt sEt of Section 4, Township 19 North,

Range 13 West, bounded and described as follows: Beginning
at a point in the fence line 3t ft. N. 29 deg. 15' W. of
the West edge of a Black Walnut tree 24" in diameter,
which bears S. 40 deg. 45' W. 183.3 feet fromcthe Center
of the bridge of Highway No. 62 over Hogan Creek; run
thence S. 55 deg. 34' W. 215 ft. to the point of beginning
for the tract herein conveyed; conitnue thence S. 55 deg.
34' W., along the boundary of Highway No. 62, 115 ft. to
a point, run thence S. 30 deg. 25' E. 150 ft. to a point,
run thence N. 55 deg. 34' E. 115 ft. to a point, this point
bening the southermost corner of the A. D. Russell tract,
run thence N. 30 deg. 25' West, along A. D. Russell
tract 150 ft. to the point of beginning.
The above property is owned by Genevieve H. Woodyard.
Tract 2:
Lot 1 Block 1 of First Addition to Langston Subdivision, as shown

Also, That part of the wt of SEt of Section 4, Twp. 19

North, Range 13 W., bounded and described as follows:
Beginning at a point in the fence 3t ft. North 29 deg. 15'
West of the West edge of a black walnut tree 24 in. in diameter,
which bears South 40 deg. 45' W. 183.3 ft. of center of
the bridge on Highway No. 62 over Hogan Creek, run thence
South 29 deg. 15' E. 100 ft., thence N. 60 deg. 45' East
150 ft., thence N. 29 deg. 15' West 123 ft., more or less
to the South r/w line of Hwy. No. 62, run thence in a
Southwesterly direction with the South side of Hwy. No.
62 to the point of beginning, containing 0.36 acres, more
or less.
The above property is owned by Hudspeth Oil Company, Inc.
Tract 3:
Lots 12 and 13 in Langston Addition according to the recorded

plat thereof.
The above property is owned by Frank J. Huckaba, Trustee.

Ordinance No. 406
continued
Tract 4:
A part of the NWt of SEt of Section 4, Township 19 North

at the center of the bridge of Hogan Creek on U.S. Highway
No. 62, running North 43 deg. East 387 feet to a point
run thence South 38 deg. West 43 feet, along Highway No.
62 to a concrete curb, to a point of beginning for the tract
herein described; run thence in a Southeasterly direction
along said concrete curb extended 160 feet b a point, run
thence in a Southwesterly direction, parallel to Highway
No. 62, 100 feet to a point, run thence in a Northwesterly
direction, parallel to the North line of the tract herein described,
160 feet to a point on the SE boundary line of Highway No.
62, run thence North 38 deg. East 100 feet along the boundary
line of said Highway No. 62 to the point of beginning.
The above property is owned by Gerard P. Fitzmaurice and

Marie C. Fitzmaurice.
Tract 5:
A part of the NWt of sEt of Sec. 4, Twp. 19 North, Range

13 West, bounded and discribed as follows: Beginning
at the center of the bridge of Hogan Creek of U.S. Highway
No. 62, running North 43 deg. East 387 feet to a point,
running thence North 38 deg. East 65 feet to a point of beginning
for the tract herein conveyed; this point being the Northwest
corner of the Langston tract and the corner between~the
Alice Messick land and H. O.Langston land; run thence
along the Highway South 38 deg. West 108 feet, more or less
to a concrete curb, run thence in a Southeasterly
direction along said concrete curb--extended 250 feet to
a point, run thence in a Northeast direction, parallel to
the highway 108.6 feet, to a point on the North line of the
Langston tract, run thence North 52 deg. West 250 feet
The above property is owned by Mamie O. Ernest.
Tract 6:
That part of the Nwt sEt Sec. 4, Twp. 19 North, Range

13 West, described as follows: Beginning at the Northeast
corner of the Nwt sEt Sec. 4, and run West along the North
line therof 47 feet, and to the Southeasterly right of way
line of U.S. Highway No. 62; run thence South 38 deg.
W. 801.5 feet to a Walnut tree, and the point of beginning
of the tract herein conveyed; run thence South 56 deg. E.
166 feet; thence S. 69 deg. E. 151 feet; thence S. 7 deg.
E. 132 feet; thence S. 83 deg. W. 123 feet, 4 inches, to
an Iron Stake which marks the SE corner of a tract of land
conveyed by Alice Messick to Herman Langston and wife
as described in deed of record in Book 48, at Page 599 A
of the records of Baxter County, Arkansas; run thence
N. 52 deg. W. 326.5 feet along the East line of said Langston
tract to a point on the Southeast right of way line of Highway
62, which is marked by a 1" angle iron stake; run thence
N. 38 deg. East along right of way line 122.5 feet to the
point of beginning, containing 1.21 acres more or less,
LESS AND EXCEPT a 100 x 100 foot tract off the South and
East side of the above tract, previously conveyed to Fount
E. Allen, Jr. and Shirley Jean Allen, his wife. The property
described herein is the Herman Langston home place, located
at 650 East US 62, Mountain Home, Arkansas.
The above property is owned by H. O. Langston and

Luna Lanq sbon ,
Ordinance No. 406
continued
ENACTED THE 5th DAY OF AUGUST, 1974. AND DECLARED EFFECTIVE FROM AND
AFTER ITS PASSAGE.
APPROVED:
ATTEST:
ORDINANCE NO. 407
ORDINANCE VACATING CERTAIN PROPERTY IN THE CITY OF MOUNTAIN HOME, ARKANSAS
WHEREAS, certain property owners and citizens of the City of Mountain

Home, Arkansas have petitioned the City Council of the City of Mountain
Home, Arkansas to abandon that part of Maple Street between Lark Lane and
Highway 5; and,
WHEREAS, notice was published as perscribed by law for public

hearing; and,
WHEREAS, on the 5th day of August, 1974 at 7:30 p.m. in the

City Hall, the time and place set for the public hearing; and
WHEREAS, all remonstrances having been heard and it being

determined that all property owners affected have consented and no
objections having been made; and,
NOW, THEREFORE, be it Ordained by the City Council of the City

Section I. That that part of Maple Street between the intersection

of Maple Street and Lark Lane and extending to the intersection of
Highway 5 and located in Few Acres, being an addition to the City
of Mountain Home, Arkansas be abandoned and released by the City as
a private drive.
Section II. That this Ordinance being necessary for the welfare
of the citizens of Mountain Home, Arkansas an emergency is declared to
exist and it shall be in effect from and after its passage.
PASSED on this 19th day of August, 1974.
APPROVED:
ct;:;-~-l-a-n~-d-:r-ls--~ __ -----
ATTEST:
City Clerkl Pene lope R. Feist
Vacating a portion of Maple

page 1 of 4

RESPECT TO THE SUB-DIVISION CODE
WHEREAS, it is necessary to revise the Sub-Division Code, previously

adopted by the City Council of the City of Mountain Home, Arkansas; and,
WHEREAS, a proper public hearing was held on the amendments as required

by law; and

Mountain Home, Arkansas that Ordinance No. 307 and that part of the
Sub-Division Code mentioned hereafter be amended as follows:
Section I. That Chapter 3, Article 3-1, Sketch Plan be amended as

follows:
'Whenever a subdivider intends to develop land within the

meaning of these regulations, he shall submit to the secretary
of the Planning Commission, prior to the regular meeting a sketch
plan of the land to be subdivided, with a letter of intent. The
sketch plan shall indicate the type of development intended, in-
cluding a general discription of the land to be developed--this will
include all items in Chapter 4, Art 4-1.'
Section II. That Chapter 3, Article 3-2, Plat Preparation be amended

as follows:
'The Planning Commission shall advise the subdivider after presentation

of the Letter of Intent and the Sketch Plan that he may proceed with the
preparation of the pl?t so long as ~he conforms with plans currently in
effect and with the Plat Requirements, the Design and Layout Requirements
and Improvement Requirements as contained in these regulations. The Plat,
when prepared and accompanied by supporting documents, shall be presented
to the Planning Commission at least 10 days prior to its regular meeting
for its approval.'
Section III. That Chapter 3, Article 3-3, Preliminary Plat Approval

be amended as follows:
'When the Planning Commission finds that a Preliminary Plat, together

with improvement plans, meets all the requirements of these Regulations
as stated in Chapter 4, Art 4-2 and 4-3, it shall approve such Plat by
placing a stamp of Preliminary Plat Approval shall read: "This plat
has been given preliminary plat approval only, and has not been approved
for recording as a public record." Such stamp of approval shall bear
the signatures of the Chairman and Secretary of the Planning Commission.
Where the Planning Commission finds that a Preliminary Plat meets all
of the requirements of these RegulaTIons, but improvement plans are not
yet complete, it may approve such Plat subject to approval of the im-
provement plans by the City Engineer within 60 days following plat
approval. '
Section IV. That Chapter 3, Article 3-4, Expiration of Preliminary

Plat Approval be amended as follows:
'Preliminary plat approval shall expire one (1) year from date of
approval by the Planning Commission, provided there is no performance
in required improvements on the part of the subdivider.'
Section V. That Chapter 3, Article 3-5, Distribution be amended as

follows:
'Two copies of the approved Preliminary Plan shall be filed in the

office of the City Engineer, and one copy shall be conveyed to the
sub-divider. "
Section VI. Th?t Chapter 3, Article 3-6, Authorization to Prepare

Final Plat be added as follows:
Ordinance No. 408 page 2 of 4
Continued
RepeA led
'Receipt of an approved or conditionally approved copy of the
Preliminary Plat together with an approved copy of the improvement
plans, shall constitute authorization of the Planning Commission
for the sub-divider to proceed with the preparation of the Final
Pl?t, the installation of improvements, and the staking out is lots
and blocks.'
Section VII. That Chapter 3, Article 3-7, Completion of Improvements

be added as follows:
'The subdivider, after conditional approval of the Preliminary Plat,

shall complete all improvements required under these Regulations before
applying for Final Plat approval.'
Section VIII. That Chapter 3, Article 3-8, Final Plat be added as follows:
'Art 3-8.1 Materials to be submitted to the City Engineer
The Subdivider shall present the following materials to the City Engineer
at least ten days prior to the meeting at which consideration is required:
a. The original tracing of the Final Plat containing data

required by Chapter 4-2.
b. As built plans for all improvements required under these

Regulations, such plans to bear the approval of the City
Engineer.
c. The proposed protective covenants, if any.
The "as built" specifications and "as built" original tracing of the
paving, water, sanitary sewer, and drainage plans shall be presented
to the City Engineer as soon as the improvements are completed. The
City Engineer shall enter the date of receipt on these materials.
Art 3-8.2 Time Limit on Planning Commission Action
The Planning Commission shall approve or disapprove the Final Plat with-
in 45 days of receipt thereof; otherwise said Final Plat shall be deemed
to have been approved, and the certificate of said Commission as to the
date of submission of said Final Plat for approval and as to the failure
to take action thereon within such time shall be sufficient in lieu of
approval. In the case of plats including land located outside of the
City of Mountain Home, the period shall be 60 days.
Art 3-8.3 Acceptance of Public Dedications
Before the Final Plat is recorded in the office of the Circuit Clerk
and Ex-Officio Recorder, the subdivider shall submit the Plat to the
City Council, if the subdivision is located inside the city limits of
Mountain Home or to the County Judge, if the subdivision is located
outside the city limits, for it/his acceptance of public dedications.
Until the public dedications and improvements have been accepted by
the County Judge or the City Council, any plat shall not be eligible
to be recorded.
Section IX. That Chapter 5, Article 5-2 paragraphs H through 0 are

changed as follows:
H. Half streets shall be prohibited, except wBere essential to the

reasonable development of the subdivision in conformity with the other
requirements of these regulations; and where the Planning Commission
finds it will be practical to require the dedication of the other half
when the adjoining property is subdivided. Whenever a half street is
adjacent to a tract to be subdivided the other half of the street shall
be platted within such tract.
I. A cul-de-sac shall be provided with adequate fire protection where

City Water is available and shall be provided at the closed end with a
turn-around having a property line radius of not less than fifty (50)
feet. The length of the cul-de-sac shall be determined on an individual
basis.
J. Street grades, wherever feasible, shall not exceed the following

page 3 of 4
with due allowance for reasonable vertical curves:
Street Type Per Cent Grade
Arterial 5%
Collector 7%
Minor 12%
K. No street grade shall be less than one-half (t) of one percent.

All streets shall be brought to grade; all necessary cross-drains
installed; and base material shall be applied, wetted, rolled and
compacted.
L. Street location shall be such as to provide each lot with the

desirable elevation, size and shape which will permit proper
set-back of structures and their satisfactory placement on the lot.
M. Curb and Gutter. All curbs and gutters shall be optional! If

the subdivider chooses to curb and gutter the following standards
shall be used. All curbs and gutters shall be of concrete or equal.
The curb shall be six (6) inches high with expansion strips at
twenty (20) foot intervals and the gutter approximately twelve (12)
inches in width. Curb and Gutter must be brought to grade established
on profile sheets indicating finished street grades. All work done
in a workmanship manner and conform to street contour.
N. Street Surface. The street surface shall be a hard, all-weather

surface such as concrete or bituminous mixture. Any street surfacing
shall meet the specifications of the governing body which maintains
these streets. The subdivider has the option of using:
1. Protland cement concrete pavement five (5) inches

thick laid on two (2) inches cu~hion subgrade com-
pacted to 95 percent Standard Proctor. Concrete to
be 3500 psi, 5 t sack mix.
2. Asphaltic concrete (hot mix, hot laid) pavement two

(2) inches thick wearing surface type B or C on a six
(6) inch stabilized aggregate base course with a six
(6) inch compacted sub-grade.
Detailed plans, specifications, and mode of application

shall be on file in the office of the City Engineer for
inspection by, or use by any persons concerned with such
types of pavement.
O. Street and Curb Radii. Street intersections shall have a mlnlmum

street corner radius of 20 feet at the curb line, or edge of pavement,
if there is no curb.
Section X. That Chapter 5, Article 5-3 be amended as follows:
Art 5-3 Alleys
A. The width of an alley shall not be less than sixteen (16)feet.
B. Where alleys are provided:
1. Intersections and sharp changes in alignment shall be

avoided.
2. Dead-end shall be avoided where possible.
Section XI. That Chapter 6, Improvements be amended as follows:
Art 6-1 Procedural Requirements
A. Sketch Plat No information concerning actual improvements

is required.
B. Plat Preparation At the time of plat preparation, the sub-

divider shall prepare the necessary info~mation required in
Ordirlanc p;oge 4 of 4
con
respect to improvements.
C. Preliminary Plat Approval Preliminary plat approval in

respect to improvements shall be given when requirements
are met.
D. Final Plat Approval The subdivider shall provide evidence

of installation of improvements in the form of a certificate
containing the signatures of the proper official or officials
as to compliance in respect to each required improvement.
Art 6-2 Water Distribution System
Where it is determined by the Planning Commission that public water is

available to the subdivision, each lot in the subdivision, shall be
served with an adequate supply of water from the public water system.
Art 6-3 Sanitary Sewer System
Where it is determined by the Planning Commission that the sanitary

sewer system is available to the subdivision, each lot in the sub-
division shall be provided with sanitary sewer service.
Section XII. That Chapter 7, Enforcement be amended as follows:
Art 7-1 Enforcement
After effective date of these subdivision regulations:
A. No plat shall be accepted by the county recorder for record unless

final approval is given by the Mountain Home Planning Commission.
B. No utility (public or privately owned) shall extend its facilities

to service an area unless oncof the following applies:
1. The extension is to an area where a subdivision plat or record

existed prior to the effective date of these regulations.
2. The extension is to an area where a plat of record has been

approved by the Planning Commission.
3. Installation of utilities is required before the plat can

receive approval for filing for record. In this event, the
Planning Commission will grant the utilities permission to
extend facilities in accordance with specific plans.
4. The extension of utilities is along a public way in existence

and use at the time of the effective date of these regulations,
but the extension is not in a depth of greater than two-hundred
(200) feet from the public way.
Section XIII. That this Ordinance being necessary for the protection
of the public health, safety and welfare an emergency is hereby declared to
exist and this Ordinance shall be in full force and effect from and after
its passage.
PASSED this 19th day of August, 1974.
APPROVED:
~~'-Z L-\-~
~or J. E. Flanders
ATTEST:
Subdivision Regulations Amendments

ORDINANCE NO. 409
AN ORDINANCE AMENDING ORDINANCE NUMBER 395

WITH RESPECT TO FIRE SPRINKLER SYSTEMS
WHEREAS, the City Council of the City of Mountain Home, Arkansas has
reviewed the current rates being charged for sprinkler fire protection
systems; and
WHEREAS, certain charges and corrections are desired; and

Mountain Home, Arkansas that Ordinance Number 395, Section I be amended
as follows:
Section I. Initial Connection Fees. The following fees shallbe

charged for initial connection of a sprinkler fire protection system to
the City of Mountain Home, Arkansas' water facilities:
1. 4" line----------------$200.00
2. 6" line---------------- 400.00
3. 8" line---------------- 800.00
The aforementioned fees shall be collected when the sprinkler system

is connected to the water lines of the City of Mountain Home, Arkansas.
tection
There shall be no extra charge other than those heretofore mentioned

for businesses owning a sprinkler fire protection system and being outside
the city limits of Mountain Home, Arkansas. These amendments shall be
retroactive to August 1, 1974. Connecting fees set forth above shall be
applied to all existing systems and new systems, however, credit is to be
extended for any sums heretofore collected and after said credit has
been deducted the new charges shall be extended.
Any provision of Section I, Ordinance No. 395 in conflict herewith is

hereby amended to conform hereto.
This Ordinance being necessary for the health, welfare and safety, an
emergency is hereby declared to exist and this Ordinance shall be in full
force and effect from and after the date of its passage.
PASSED on this 19th day of August, 1974.
ATTEST:
City ClerK Penelope R. Feist
SPRINKLER RATES
ORDINANCE NO. 410
AN ORDINANCERE-ZONING PROPERTY IN THE

CITY OF MOUNTAIN, ARKANSAS

real property hereinafter discribed have filed a Petition in writing,
praying that said property be re-zoned from Residential, R-l to Commercial
C-2: and
Mountain Home, Arkansas, has heard all persons desiring to be heard and has
ascertained that said Petition was signed by persons owning the majority in
value or real property within said territory: and
WHEREAS, a Petition was filed with the Planning Commission of Baxter

County, Mountain Home, Arkansas, and after a hearing before said Commission
on August 27, 1974, and affirmative recommendation was made for the property
to be re-zoned from Residential R-l to Commercial C-2: and

There is hereby re-zoned from Residential, R-l to Commercial C-2,

From the point of intersection of the West line

of the Nwt of the NEt Section 3, Twp. 19 North
Range 13 West, with the South right-of-way line of
U.S. Hwy. 62 run in a Northeasterly direction along
right-of-way line a distance of 415 feet to the
point of beginning, thence continue along the
right-of-way line North 67 deg. 16 min. East 350.0
feet, thence South 2 deg. 52 min. West 420.0 feet,
thence South 67 deg. 16 min. West 360.5 feet, thence
North 4 deg. 25 min. East 420.0 feet to the point
of beginning, being a part of the NWt of the NEt
of Sec. 3, Twp. 19 North, Range 13 West, Baxter
County, Arkansas, and containing 3.28 acres, more or
less.
Also described as that property lying directly

across Hwy. 62 from Key Real Estate.
PASSED AND APPROVED this 3rd day of September, 1974.
APPROVED:
ATTEST:
Blandford property across from Key Realty

---.~.--~-"-"-.-,,--.-
...-~-,,-.-.-.,,-,,-~.,,-,,--~~.,,.,,~,,~,,,,~.~"~~"-~----~~--~-~~-"'--~
ORDINANCE NO. 411

TO THE CITY OF MOUNTAIN HOME, ARKANSAS, AND TO WATER
AND SEWER IMPROVEMENT DISTRICT #3 OF THE CITY OF
MOUNTAIN HOME, ARKANSAS AS INDUSTRIAL 1-1 PROPERTY,
MAKING THE SAME A PART OF SAID CITY AND ASSIGNING THE
SAME TO WARDS.
Arkansas, by real estate owners of the land hereinafter described praying
that said lands be annexed and be made a part of the City of Mountain Home,
Arkansas, and;
WHEREAS, on the 2nd day of July, 1974, the County Court of Baxter
County, Arkansas, found that said petition was signed by all the fee
simple owners of said property; that the territory is contiguous with the
present corporate limits of the City of Mountain Home, Arkansas; that
accurate plats or maps of said territory showing its relation to the present
City had been filed and made a part of said annexation petition; and proper
notice had been given of the time and in the manner prescribed by law; and
the said lands and territory should be annexed to the City of Mountain Home,
Arkansas, subject to the acceptance of the same by the City Council of the
said City at the proper time as provided by law, and;
WHEREAS, the time fixed by law for appealing said order of annexation
made by the County Court has expired, and no appeal has been taken therefrom,
and;
WHEREAS, the said petitioners have partitioned, in writing, the City of

Mountain Home, Arkansas, praying that the property be annexed to Water and
Sewer Improvement District #3 of the City of Mountain Home, Arkansas, and
to the City of Mountain Home, Arkansas, for the purposes hereinafter set
out, and;
heard and has ascertained that said petition was signed by all the owners
of said real property in said territory,

1. That the following de scr i bedcl-sridsand terri tory contiguous and

adjoining the City of Mountain Home, Arkansas, and Water and Sewer
Improvement District #3 of the City of Mountain Home, Arkansas, be and
the same is hereby annexed to the City of Mountain Home, Arkansas, as
Industrial 1-1 property and to Water and Sewer Improvement District #3 of
the City of Mountain Home, Arkansas, to-wit:
A part of the st NEt sw} and a part of the Nt sEt sw}

Section 16, Township 19 North, Range 13 West, Baxter
Count~ Arkansas, described as follows: Beginning
at the SE corner, Nw} sEt, Section 16, Township 19
North, Range 13 West, run thence S. 87 deg. 29' 57"
W., 1407.34 feet; thence N. 1 deg. 50' 30" E. ,342.80
feet; thence N. 89 deg. 09' 59" W., 335.48 feet to the
point of beginning. Continue thence N. 89 deg. 09'
59" W., 1000.0 feet; thence South approximately 280
feet along existing fence; thence East approximately
132 feet along existing fence; thence South approximately
114 feet along existing fence; thence East approximately
138 feet along existing fence; thence South approximately
92 feet along existing fence; thence East approximately
730 feet along existing fence to a point S. 1 deg. 38'
20" W. of the point of beginning; thence N. 1 deg.
38' 20"E., approximately 486 feet to the point of beginning,
2. That the above described territory be annexed and made a part of

Ward 4 of the City of Mountain Ho~e, Arkansas, and the same henceforth to
be made a part of said Ward as fully as existing parts of said Ward.
Ordinance No. 411
continued
page 2 of 2
3. Extensiomto the exisiting sanitary sewer and water syste~as may

now exist may be built to serve the property within the bounds of the above
described territory in such manner and with such materials as the
Commissioners of Water and Sewer Improvement District #3 of the City of
Mountain Home may deem to be in the best interests of said District. The
costs thereof shall be assessed upon the real properties hereinabove
This Ordinance being necessary for the preservation of public health,

safety and morals, an emergency is hereby declared to exist and the same shall
Passed and Approved this 3rd day of September, 1974.
APPROVED:
Flanders
ATTIEST:
Skeet property (Aeroquip)

ORDINANCE NO. 412


as required by Ordinance No. 163 on the posting of notice on subject property
in accordance with Ordinance No. 283; that a public hearing was held; that
all remonstrances were heard, after which the Planning Commission
recommended that all property described hereinafter be rezoned.

TRACT 1:
A part of the Nwt SEt Section 9, Township 19 North,

Beginning at the true center of Section 9, Township 19
North, Range 13 West, in the center of State Highway
No.5 and College Street, run thence East 225 feet to
a point, thence South 126 feet tD a point, thence West
22~f eet to the center~of cCollegeStr~~H ,thence~l'J():rth
126 feet to the place of beginning, containing .63 acres,
more or less.
TRACT 2:
That part of the NWt SEt of Section 9, Township 19 North,

Range 13 West, described as follows: Beginning 126 feet
South of the true center of Section 9 in the center of College
Street, run thence South 90 feet to a point, run thence
East on a line parallel with Highway No.5, 225 feet to a
point, run thence North on a line parallel with College Street
90 feet to a point, run thence West on a line parallel with
Highway No.5, 225 feet to the point of beginning, and
containing 50/100 acre, more or less.
Tract 1, above, is owned by R. E. Butler and Pearl C. Butler, his wife,

and Tract 2, above, is owned by Randel R. Butler and Sharon Kay Butler, his
wif e.
PASSED AND APPROVED this 3rd day of September, 1974.
APPROVED:
~<C"~
L'~Fl?nderS
ATTEST:
City Clerk'Penelope R. Feist
Rezoning of Butler Property

ORDINANCE NO. 413
AN ORDINANCE AUTHORIZING THAT TRAVENOL SHALL TAKE THE PLACE

OF BAXIERAS A PARTY TO THE LEASE AND AGREEMENT BETWEEN
BAXTER AND THE CITY OF MOUNTAIN HOME, ARKANSAS, DATED AND
EXECUTED APRIL 16,1963; AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO ARTICLE XXI OF SAID LEASE AND AGREEMENT;
PRESCRIBING OTHER MATTERS PERTAINING THERETO, AND DECLAR-
ING AN EMERGENCY

Arkansas:
Section 1: That Travenol Laboratories, Inc., a Delaware corporation

with its principal office in the Village of Morton Grove, Illinois, and
authorized to do business in Arkansas, as successor in interest to all
of the rights and obligations of Baxter Laboratories, Inc. be substituted
in place of Baxter Labortories, Inc. in a certain Lease and Agreement be-
tween Baxter Laboratories, Inc. as lessee and the City of Mountain Home,
Arkansas, as lessor dated April 16,1963; that henceforth Travenol Laboratories,
Inc. shall be considered the lessee of said Lease and Agreement. Travenol
Laboratories, Inc. shall possess all of the rights and attendant obligations
formerly held by Baxter under said Lease and Agreement.
Section 2: Article XXI of sa·idLease and Agreement shall be amended

so as to give Travenol Laboratories, Inc. an option to purchase the project
after the term of said Lease and Agreement is completed. Article XXI shall
now read as follows:
ARTICLE XXI
RENEWAL TERMS AND ADDITIONAL OPTION

TO PURCHASE
This Lease may at the option of the Lessee be renewed or extended from
year to year, each at an annual rental of onethousand dollars ($1,000) and
otherwise upon the terms and conditions herein specified and shall be deemed
to be automatically so renewed or extended, unless and until notice be given
in writing by the Lessee at least thirty (30) days before the end of the
original term of this Lease, or any yearly renewal or extension thereof, of
its intention to terminate the Lease as of the end of such period, in which
event the Lease shall terminate in accordance with such notice; provided
that no such renewal or extension shall extend the period of use and occupancy
by the Lessee beyond the maximum permitted by law; and further provided that
at the expiration of the initial term or any extension term and for a period
of ninety (90) days thereafter (if the purchase options under the provisions
of Section 20.1 of Article XXI have not been exercised) Lessee shall have
the unconditional right and option to purchase the entire leased premises at
a price of $1,000.00.
Section 3: That the Mayor and City Recorder be, and they are hereby,
authorized and directed for and on behalf of said City of Mountain Home to
do all things, execute all instruments and otherwise take all action
necessary to execute an Amendment to the Lease and Agreement between the
City of Mountain Home, Arkansas, as lessor dated April 16,1963, originally
with Baxter Laboratories, Inc. as lessee.
Section 4: Th?t there is hereby found and declared to be an immediate

need for amending the aforesaid Lease and Agreement in order to provide
employment, alleviate unemployment and otherwise benefit the public health,
safety and welfare and the taking of the action authorized by this
Ordinance is immediately necessary in order to secure, encourage and
develop a substantial industry. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate
preservation of the public health, safety and welfare, shall be in force and
take effect immediately upon and after its passage.
Passed September 23rd,1974

ci;:-. ~n r.
_F_~_a_n_~-:-e_r_~_·x..iR.-
_ __ J-_-..-d_~_·
_r- _
Change in Baxter Lab. Lease and Agreement

ORDINANCE NO. 414

WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY
OF MOUNTAIN HOMW, ARKANSAS; ACCEPTING THE ANNEXATION
OF CERTAIN TERRITORY TO THE CITY OF MOUNTAIN HOME,
ARKANSAS, AND ZONING AS COMMERCIAL C-2
WHEREAS, a petition WES filed with the County Clerk of Baxter County,
Arkansas, by the real estate owners of the land hereinafter described,
praying that said land be annexed to and made a part of the City of
WHEREAS, on the 22nd day of July, 1974, the County Court of Baxter
County, Arkansas, found that said petition was signed by all of the fee
simple owners of the said property; that the said territory is contiguous
to the present corporate limits of the City of Mountain Home, Arkansas;
that accurate plats or maps of said territory showing its relationship
to the present city had been filed and made a part of said annexation
petition; that proper notice had been given for the time and in the manner
prescribed by law; that said lands and territory should be annexed to the
City of Mountain Home, Arkansas, subject to the acceptance of same by the
City Council of said city at the proper time as provided by law; and
taken from said order; and
WHEREAS, the same petitioners have petitioned in writing to the City

of Mountain Home, Arkansas, praying that said property be annexed to Water
and Sewer Improvement District No.3 of the City of Mountain Home, Arkansas,
for the proposes hereinafter set out; and
heard and has ascertained that said petition was signed by all the owners
of the real property in said territory; and
WHEREAS, a proper petition was filed by property owners requesting a

zoning; that said petition was submitted to the Planning Commission of
public hearing thereon was published in a newspaper having local circula-
tion as required by ordinance; that a public hearing was held, that all
that all property described hereinafter be zoned Commercial C-2,
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of


and adjoining the City of Mountain Home, Arkansas, and to Water and Sewer
Improvement District No.3 of the City of Mountain Home, Arkansas, be and
the same is hereby accepted and annexed to the City of Mountain Home, Arkansas,
and Water and Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, and zoned as Commercial C-2, to-wit:
From the NE corner of the NW quarter of the NW quarter of

Section 3, T 19 N, R 13 W, run N. 88° 07' W, 150.00' to the
point of beginning; thence N 0° 11' E, 74.0', thence S 88°
50' E, 633.80', thence S 3° 22' W, 916.66', thence S 82° 23'
W, 164.33', thence S 5° 26' E, 24.7', thence N 84° 34' E,
93.00', thence 10° 26' 30" E, 131.08', thence N 87° 08' 30"
W, 208.32', thence N 86° 47' W, 380.52', thence N"2° 51' 30"
E 990' to the point of beginning, containing 15.34 acres.
Section 2: Extensions to the existing sanitary sewer and water

systems as may now exist may be built to serve the property within the
bounds of the above described territory in such manner and with such
materials as the Commissioners of Water and Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, may deem to be the best
interest of the said District. The costs thereof may be assessed upon
Section 3: There is an immediate need for constructing extensions

to existing sanitary sewer system and water system, as the same 00W
exists, to serve the property within the boundaries hereinabove described.
Therefore, an emergency is hereby decl~red to exist, this ordinance
being necessary for preservation of the public health and safety, the
same shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED this 7th day of October, 1974.
APPROVED:
~ey~VVL-L'C, --\- ~
~yor J. E. Flanders
ATTEST:
Drake-Wiggins Property across from Firestone Service Center Hwy 62

ORDINANCE NO. 415
AN ORDINANCE RE-ZONING PROPERTY IN THE CITY OF MOUNTAIN

HOME, ARKANSAS

of real property hereinafter described have filed a Petition in
writing, praying that said property be re-zoned from Residential R-l
to Commercial C-3 and;

and;

Baxter County, Mountain Home, Arkansas, and after a hearing before
said Commission on September 24th, 1974, an affirmative recommendation
was made for the property to be re-zoned from Residential R-l to
Commercial C-3, and;
There is hereby re-zoned from Residential R-l to Commercial C-3

the following described property located in Baxter County, Arkansas,
to-wit:
Lot 8 of Block 8 of Broadmoor Subdivision in the City of

APPROVED:
ATTEST:
Welborn Property on North Street

ORDINANCE NO 416
AN ORDINANCE RE-ZONING PROPERTY IN

THE CITY OF MOUNTAIN HOME, ARKANSAS

owners or real property hereinafter described have filed a Petition
in writing, praying that said property be re-zoned from Residential
R-I to Commercial, C-3, and;
WHAERAS, after due notice as required by law, the City Council

to be heard and has ascertained that said Petition was signed by
persons owning the majority in value of real property within said
territory, and;
~v.HEREAS,a Petition was filed with the Planning Commission of

said Commission on September 24, 1974, an negative recommendation
was made for the property to be re-zoned from Residential, R-l to
Commercial, C-3, and;

There is hereby re-zoned from Residential, R-I to Commercial,

C-3 the following described property located in Baxter County,
Arkansas, to-wit:
A part of the NWt of NWt Section 4, Township 19 North,

Beginning at a point where Highway 201 crosses the
South line of said 40, run thence North along the
center line of said Highway 420 feet to a point,
continue thence North 90 feet to point of beginning
for the tract herein described, run thence West 210
feet to a point, run thence North 90 feet to point,
run thence East 210 feet to the center of said High-
way 201, run thence South along the center of said
Highway 90 feet to the point of beginning.
PASSED ~~ APPROVED this 21st day of October, 1974.
APPROVED:
~~'C.~~
- Mayor J. E. Flanders
ATTEST:
Re-zoning of Kaufman property on Highway 201

ORDINANCE NO. 417
AN ORDINANCE RE-ZONING CERTAIN

PROPERTY IN THE CITY OF MOUNTAIN
HOME, ARKANSAS
Whereas, a Petition has been submitted in writing to the

City Council by the owner of the property hereinafter described
praying that the property be re-zoned, and;
Whereas, after due notice as required by law, the Planning

Commission of the City of Mountain Home has heard all persons
desiring to be heard at a public hearing on the 24th of August
1974, has ascertained that the Petition was in proper form, that
all legal requirements have been complied with, and;
lvnereas, the Planning Commission has approved that said

re-zoning be granted and have recommended to the City Council
that such action be taken;
NOW THEREFORE, be it ordained by the City Council of the

The following described property should be and is hereby

rezoned from Residential R-l to Commercial C-3 to-wit:
Lots Nos. 1, 2 and the West 20 feet of lot 4

College Place Subdivision in Mountain Home,
Arkansas (301 South College Street)
PASSED AND APPROVED on this 21st day of October 1974.
APPROVED:
~~ c,~--r-~~
C-----------
ATTEST:
/ I
Re-zoning Chick Harris property 301 South College Street

\
ORDINANCE NO. 418
\
I
SECTIO~ 3 REGARDING LICENSES FOR ENGAGING
IN BUSINESS IN THE CITY OF MOUNTAIN HOME,
ARKANSA~ AND FOR OTHER PURPOSES.
WHEREAS, the ~ity Council of the City of Mountain Home has

determined that it\is necessary to amend Section 3 of Ordinance
No. 336; and
WHEREAS, it would be in the be interest of the citizens of

Mountain Home, Arkansas if Section f Ordinance No. 336 were
amended; and

CITY OF MOUNTAIN HOME,\ARKANSAS that Section 3 of Ordinance No.
336 were amended as follows:
SECTION 3: That t4e trades, businesses and professions

for which occupation li0~nses must be obtained when said trades,
business and professions\are engaged in within the City Limits
of said City and the pri0~s of said licenses when there are no
deductions or penalties a~ provided for in this Ordinance, shall
be as indicated in the original ordinance as amended with ex-
ceptions herein included. That a person, firm or corporation
engaging in more than one 0+
the trades, businesses and professions
(meaning two different trad~s like a gas station and used car lot)
shall procure an occupation ~icense for each said trade, business
or profession; that a firm, ~usiness or corporation of a pro-
fessional nature shall procur~ a separate occupation license for
each person practicing said prpfession, or rendering said service.
That the annual occupation lice~se for motels, hotels, apartments,

duplexes, tourist courts and ren~al houses is Five Dollars ($5.00)
per unit per year.
That the following item should beiadded to the items under the
Thirty Donnalr ~30.00} annual occupation fee. Restaurants, cafes,
cafeterias (not to include diners a~d lunch rooms) up to 1200
square feet serving area.
That the following item should be added to the items under the
$50.00 annual fee: Restaurants, cafe~1 and cafeterias over 1200
square feet serving area (not include ~iners and lunch rooms).
Section 3 of Ordinance No. 336 shar~ be amended as set forth

by the sections above and this Ordinance~eing necessary for the
health, safety and welfare of the citizens\pf the City of Mountain
Home, Arkansas an emergency is hereby decl~red to exist and this
Ordinance shall be in full force and effect\from and after its
passage.
PASSED AND APPROVED THIS 21st day of Octob~r, 1974.
APPROVED:
~,~ [.--+~~~
c:\----------.,----
ATTEST:
Amendment to Oc
WHEREAS, there is immediate need within the City of
Mountain Home, Arkansas for more extensive and adequate facilities
for public recreation and areas. The City Council of the City of
Mountain Home desires to furnish, manage and coordinate said
facilities for public recreation and,now, therefore, be it
ordained by the City Council of the City of Mountain Home, Arkansas:
Section 1. There is hereby created a park and

recreation commission of the City of Mountain Home,
Arkansas which shall consist of five (5) members.
Section 2. The members of the parks and recreation

commission of the city of Mountain Home, Arkansas
shall be nominated by an alderman and approved by
majority vote of the City Council.
Section 3. The original five (5) members of the

park and recreation commission of the City of
Mountain Home, Arkansas shall be appointed to
terms of one (1), two (2), three (3), four (4),
and five (5) years so that one (1) commissioner's
term will expire each year. Terms of office of
members thereafter shall be for a term of five
(5) years. All vacancies shall be filled for the
unexpired terms of the member whose office is
vacant in the same manner as such member received
the original appointment.
Section 4. Members of the parks and recreation

commission of the City of Mountain Home, Arkansas
shall automatically be terminated if they fail to
attend three (3) consecutive meetings unless
excused by the vote of said commission, and his
seccessor shall be appointed in the same manner
as their predecessor.
Section 5. Members of said parks and recreation

commission of the City of Mountain Home, Arkansas
shall serve without compensation but members may
be reimbursed for their actual expenses, including
travel, lodging and meal expenses incurred while
on official business of the commission which has
had prior approval by the City Council.
Section 6. Immediately after appointment and

qualification, or until their seccessors qualify,
the commission is organized by election of a
chairman, vice chairman and a secretary who shall
serve for one (1) year terms.
Section 7. Meetings shall be held as needed and

as called by the chairman. Any three (3) members
of the commission may call a meeting after giving
seven (7) or more day!s notice of such meeting to
all members. The minutes of the commission meetings
shall be filed with the City Clerk of the City of
Mountain Home, Arkansas. Three (3) members shall
constitute a quorum for the transaction of business
for the commission.
Section 8. The commission shall have the following

powers and duties:
(a) Act in an advisory capacity to the
city council in promoting, aiding, en-
couraging and conducting public recreation,
including the development of recreation
and park facilities and programs.
(b) At the request of the city council,

recommend to the council the names of
candidates who are qualified in the
administration of public recreation and
park services for appointment by the
council to the position of director of
recreation and parks.
(c) Act in an advisory capacity to the

city council and to the director of re-
creation and parks in the planning, main-
tenance, development and operation of all
recreation areas and facilities owned,
controlled or leased by the city.
(D) Formulate, and recommend to the

council, general policies related to the
purposes of the commission; and adopt
by-laws, rules and regulations, subject to
the approval of the c uncil, as the commis-
sion may require to facilitate the operation
of a recreation and parks system.
(e) At the request of the mayor, cause a

budget to be prepared and submitted to the
council annually, on or before December 1,
providing for the costs of maintenance and
operation of the recreation and park
facilities and programs for the ensuing year.
The budget shall contain estimates and recom-
mendations for such long term capital outlay
projects as may be necessary to provide for
an orderly development of recreation and
park areas and facilities.
(f) Study and make recommendations on the

acquisition and development of recreation
areas and facilities, such as playgrounds,
parks, pools, campsites, concessions, and
other centers or recreation.
(g) Interpret the function and operation of

recreation and park services to public officials
and to the general public to the end that the
services receive adequate financial support
from public and private sources.
Section 9. Any ordinance passed heretofore contrary

this brdinanceshall have no affect and is hereby
repealed so that this ordinance supersedes any
previous ordinance. The provisions of this ordinance
shall be deemed separable so that, if any portion
thereof be invalid and such invalid portions severed
from the remaining portions, such remaining protions
shall continue in full force and effect.
Section 10. There existing an urgent need in the

City of Mountain Home, Arkansas for more extensive
and adequate facilities for public recreation and
for more efficient management and coordination of
existing facilities and programs and it appearing
that this ordinance will provide suitable means for
meeting such need an emergency is hereby declared to
exist and this ordinance, being necessary for the
preservation and protection of the public health,
safety and welfare shall be in full force and effect
immediately after its adoption and publication.
PASSED AND APPROVED this 18th day of November, 1974.
~'L~
M~r J. E. Flanders
Creation of a Recreational Commission

.z.. 1>1
/
ORDINANCE NO. 442cJ
AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF

EXTENSIONS, BETTER.lI1ENTS AND IMPROVEMENTS TO THE
WATER AND SEWER SYSTEM OF THE CITY OF tl10UNTAIN
HOME, ARKANSAS; AUTHORIZING THE ISSUANCE OF WATER
AND SEWER REVENUE BONDS FOR THE PURPOSE OF FINANCING
A PORTION OF THE COST OF THE CONSTRUCTION; PRO-
VIDING FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING
WHEREAS, the City of Mountain Home, Arkansas (the "City"), owns
and operates water and sewer facilities, which water and sewer facilities are
operated as one interrelated municipal undertaking (the "System") and has
determined that extensions, betterments and improvements (the "construction") I
should be made to the System in order that the City and its inhabitants may
have adequate and proper water and sewer facilities; and
WHEREAS, the City Council has had prepared by a duly qualified
consulting engineer a preliminary report and estimates of costs of the proposed
construction I which have been examined and approved by the City Council
and a copy filed in the office of the Recorder where it may be inspected by
any interested person; and
WHEREAS, the total estimated cost of the construction and paying
interest during construction is $470 ,000; and
WHEREAS the City does not have available

I funds to undertake the
construction but can obtain the necessary funds for paying the cost of the construction
and Sewer Revenue Bonds in the principal amount of $100, 000 with the balance
to be obtained from the issuance of improvement district bonds; and
WHEREAS, the City has outstanding an issue of Waterworks and Sewer
Refunding and Construction Revenue Bonds, Series A and Series B dated July I,
I
1969 (collectively the "1969 Bond s ") I authorized by Ordinance No. 235, adopted
and approved September 5 I 1969 (the "1969 Ordinance"); and

· '
Page 2
WHEREAS, the City has entered into a Loan Agreement with the United
States of America, Farmers Home Administration, whereby the United States
of America has committed to purchase $100, 000 in principal amount of Water
and Sewer Revenue Bonds, at an interest rate of 5%per annum; and
WHEREAS, the City is authorized, under the provisions of Act No.
131 of the Acts of Arkansas of 1933, as amended, and Act No. 132 of the Acts
of Arkansas of 1933, as amended, to accept the offer of the United States of
America, Farmers Home Administration (the II Government") ;
Section 1. That the construction be accomplished. The Mayor and
City Clerk are hereby authorized to take, or cause to be taken, all action necessary
to accomplish the construction and to execute all required contracts and documents.
Section 2. That the offer of the United States of America, Farmers
Home Administration, of par for $100,000 in principal amount of bonds bearing
interest at the rate of 5%per annum is hereby accepted, and the bonds are
hereby sold to the Government.
Section 3. That the City Council hereby fin ds and declares that
the period of usefulness of the System after completion of the construction will
be more than forty (40) years.
Section 4. Under the authority of the Constitution and laws of the
State of Arkansas, including particularly Act No. 131 of the Acts of Arkansas
of 1933, as amended, Act No. 132 of the Acts of Arkansas of 1933, as amended,
and applicable decisions of the Supreme Court of the State of Arkansas, including
particularly City of Harrison v. Braswell, 209 Ark. 1094, 194 S. W. 2d 12 (1946) I
City of Mountain Home, Arkansas, Water and Sewer Revenue Bonds are hereby
authorized and ordered issued in the principal amount of $100, 000, the proceeds
of the sale of which are necessary to finance the cost to the City of the construction,
including necessary expenses incidental thereto, to pay the expenses of issuing

Page 3
the bonds and to pay Interest during construction. References in this Ordinance to the
unqualified word "bonds" shall, unless the context requires otherwise, be deemed
reference to the permanent bonds a uthorized by this Section 4 and not to the temporary
bonds authorized by Section 6 (b). The bonds shall be dated a s of the date of their
delivery and shall bear interest at the rate of five percent (5%) per annum. Interest
shall be payable on January 1 of each year, commencing on January 1 next
following the date of the bonds. The principal of the bonds shall be payable
in annual amortized installments of principal and interest on January 1 of each
year, beginning the third January I after the date of the bonds, until the principal
of the bonds, with interest, is fully paid, except that final payment of the
bonds shall be due and payable forty (40) years from the date of the bonds,
subject" to prepayment prior to maturity as provided in the face of the bonds.
The bonds will be issued in the form of a single typewritten bond,
registered as to both principal and interest, payable to the registered owner I
or assigns , "as "set forth hereinafter in the permanent bond form, and shall
be numbered R-l. (Even though a single bond is being issued, reference
herein will be to "bonds . II)
Payment of principal and interest shall be by check or draft mailed
to the registered owner thereof, without presentation or surrender of the bonds
(except upon final payment) and such payments shall discharge the obligation
of the City to the extent thereof. The City Clerk shall keep a payment record
and make proper notations thereon of all payments of principal and interest ..
Payment of principal and interest shall be in any coin or currency
of the United States of America which, as at the time of payment shall be legal
tender for the payment of debts due the United States of America. When the
principal of and interest on any bond has been fully paid, the bond shall be
canceled and delivered to the City Clerk.
Section 5. The bonds shall be executed on behalf of the City by
the Mayor and City Clerk and shall have impressed thereon the seal of the
City. The bonds are not general obligations of the City but are special obligations,
Page 4
the principal of and interest on which are secured by a pledge of and are
payable from revenues derived from the System. T£e pledge of System revenues
is subordinate to the pledge in favor of the 1969 Eonds. The bonds and interest
thereon shall not constitute an indebtedne ss of the City within any constitutional
or statutory limitation.
Section 6. (a) That the bonds shall be in substantially the following
form and the Mayor and City Clerk are hereby authorized and directed to make
all the recitals contained therein:

(Form of single registered bond)
(To be typewritten)
UNITED STATES OF AMERICA

STATE OF ARKANSAS
COUNTY OF BAXTER
CITY OF MOUNTAIN HOt1E
5% WATER AND SEWER REVENUE BOND
No. R-l $100,000
That the City of Mountain Home,
for value received, hereby acknowledges itself to owe and promises to pay.
to the registered owner, or assigns, solely from the special fund provided
as hereinafter set forth, the principal sum of
ONE HUNDRED THOUSAND DOLLARS
with interest on the unpaid balance of the aggregate principal
of five .percent j5%j.per annum Irorn the date he! eof ,
shall be payable in such coin or currency of the United States of America as
at the time of payment shall be legal tender for the payment of debts duethE(
United States of America and shall be payable in the following installments,
on or before the following dates: Interest only January

. 1, 19_, and January
I, 19_, $ January L 19_, and S thereafter on each January
of the entire indebtedness, if not sooner paid, shall be due and payable forty·
(40) years from the date of this bond.
Payments of the principal and interest installments due hereon shall

\ -,', ".';",
be made, except for final payment, without presentation and surrender of thiS
bond, dtrectly to the registered owner at his address shown on the bond registration
book of the City, and such payments shall fully discharge the obligation of
the City to the extent of the payments so made.

Page 6
This bond is issued for the purpose of financing the
of constructing extensions, betterments and improvements (the
to the water and sewer facilities of the City f which facilities are
one interrelated municipal undertaking (the "System"}. and costs of
and issuing the bonds and paying interest during construction (with the bala
of the cost to be obtained from the issuance of improvement district bonds) I
and is issued pursuant to and in full compliance with the Constitution and
of the State of Arkansas, including particularly Act No. 131 of the Actsbf
Arkansas of 1933, as amended, Act No. 132 of the Acts of Arkansas of
as amended, and applicable decisions of the Supreme Court of the State of
Arkansas, including particularly City of Harrison v. Braswell, 209 Ark. 1094,
194 S. W. 2d 12 (1946), and pursuant to Ordinance No. ____ of the City ,
duly adopted and approved on the ____ day of '---__
"Authortztnq Ordinance") .
Prepayments of principal installments, or any portion thereof
be made from funds from any source at any time at the option of the City
inverse chronological order of maturity at a price of the principal amount Tnt:>rl::>rlT
plus accrued interest. Such prepayments shall not affect the
the City to pay the remaining installments as scheduled herein.
This bond does not constitute an indebtedness of the City
any constitutional or statutory limitation or provision, and the taxing power ....
of the City is not pledged to the payment of the principal of or interest 01'1
the bond. This bond is a special obligation payable solely from revenues
from the operation of the System. In this regard, the pledge of System
is subordinate to the pledge of System revenues to an issue of Waterworks
Sewer Refunding and Construction Revenue Bonds I Series A and Series B, dated July 1/
Page 7
1969 (collectively the "1969 Bonds"), so long as any of the 1969 Bonds are
outstanding. A sufficient amount of System 'revenues to pay principal and interest
ha s been duly set a side and pledged a s a special fund for that purpose, identified
as the "1975 Water and Sewer Revenue Bond Fund," created by the Authorizing
Ordinance. The City has fixed and has covenanted and agreed to maintain
rates for use of the System which shall be sufficient at all times to at least
provide for the payment of the reasonable expenses of operation and maintenance
of the System, provide for the payment of the principal of and interest on all
the outstanding bonds to which System revenues are pledged as the same become
due, to establish and maintain debt service reserves and to provide a depreciation
fund, all as set forth in the Authorizing Ordinance.
This bond may be assigned, and upon assignment the assignor shall
promptly notify the City Clerk by registered mail, and the assignee shall surrender
this bond to the City Clerk for transfer on the registration records. Every
assignee shall take this' bond subject to all payments and prepayments of principal
and interest (as reflected by the Payment Record maintained by the City Clerk) ,
prior to such surrender for transfer.
IT IS HEREBY CERTIFIED, RECITED AND DECLAREDthat all acts,
conditions and things required by the Constitution and statutes of the State
of Arkansas to exist, happen and be performed precedent to and in the issuance
of this bond, do exist, have happened and have been performed in ,regular
and due time, form and manner as required by law; that the bon d does not
exceed any constitutional or statutory limitation of indebtedness, and that provision
has been made for the payment of the principal of and interest on this bond,
as provided in the Authorizing Ordinance.

lq6
Page 8
IN WITNESS WHEREOF, the City of Mountain Home, Arkansas, has
caused this bond to be executed in its name by its Mayor and City Clerk, thereunto
duly authorized, with the manual signatures of the MuY01-and City Clerk, and
its corporate seal to be affixed , all as of the day of

--- -------
197
ATTEST:
By __ ----:-:- _
Mayor
City Clerk
(SEAL)
Page 9
REGISTHT\TION CEBTIFICATE
==-D:..:::a~t;::.e~o~f~R:..:::c:.:::Jgc.=.i.:::.s.::.;tr.~a~t:::.:io:::.;n:..!.--..!.-.=-N:.;:a~m=e....:o:::.;f:c·_
.!.:R,""e~g..::.i.:::st.=..;c~r~ec.::d.
Owner: Signature of City Clerk
e e
e. • e •
.
e •.
e
e.
" -
Page 10
Section 6. (b) Pending the preparation and delivery of the permanent
and definitive bonds hereinabove authorized, temporary bonds in the aggregate
principal amount of not to exceed $100,000 may be issued for the purpose of
providing construction funds immediately and in anticipation of the issuance
of such permanent and definitive bonds. The temporary bonds shall be in
such denominations as the Mayor shall determine I be numbered from 1 upwards I
be sold at a price of IOO¢on the dollar, be dated the day of delivery I bear
interest at the rate of percent per annum and be payable two (2) years
from their date. Upon delivery of the permanent and definitive bonds, the
temporary bonds to the extent then outstanding, with accrued interest, shall
be exchanged for, or paid from the proceeds of, the permanent and definitive
bonds, and shall be canceled. The temporary bonds shall be typewritten and
in substannelly the fnllnwing fo rrn:

STATE OF ARKANSAS
COUNTY OF BAXTER
TEMPORARY WATER AND SEWER REVENUE BOND
No. $
The City of Mountain Horne, Baxter County, Arkansas, hereby acknowledges
itself indebted and prornises to pay to
at its office in County Arkansas, or assigns, the principal sum

------ I
of
DOLLARS
------------------
on r 19_, plus interest thereon from the date hereof at the rate of
percent per annum, payable one year from date and at maturity.
---
This bond is one of an issue of temporary bonds in an aggregate
amount not to exceed $100, 000 issued for the purpose of providing construction
funds in anticipation of the issuance of permanent and definitive bonds for
constructing extensions I betterments and improvements to the Water and Sewer
System in accordance with the Authorizing Ordinance of the City (Ordinance
No. , adopted on ). The temporary bonds are not general

--- -------
obligations of the City but are special obligations payable solely from the revenues
of the System and from a pledge of the proceeds of the permanent and definitive
bonds. In this regard, the pledge of System revenues is subordinate to the
pledge of System revenues to an issue of Waterworks and Sewer Refunding
and Construction Revenue Bonds, Series A and Series B, dated July 1, 1969
(collectively the "1969 Bonds"), so long as any of the 1969 Bonds are outstanding.'
The City has fixed and has covenanted and agreed to maintain rates for use of the
System which shall be sufficient at all times to at least provide for the payment of
~QO
Page 12
the reasonable expenses of operation and maintenance of the System, provide
for the payment of the principal of and interest on 0.11the outstanding bonds
to which System revenues are pledged as the same become due, to establish
and maintain debt service reserves and to provide a dep reci ation fund, all
as set forth in the bond ordinance. The City covenants and agrees that on
or before the maturity date hereof, this .and other such temporary bonds, to
the extent then outstanding, with accrued interest, shall be exchanged for,
or paid from the proceeds of, such permanent and definitive bonds.
This bond may be redeemed at any time prior to maturity, from funds
from any source, at a price of par and accrued interest to date of redemption
upon ten (lO) days prior written notice by first class mail to the owner hereof.
IT IS HEREBY CERTIFIED that all conditions, acts and things required
to exist, to have happened and to have been performed precedent to and in
the issuance of this bond do exist, have happened and have been performed
in regular time, form and manner.
IN WITNESS WHEREOF, the City of Mountain Horne, Arkansas, has
caused this bond to be signed by the Mayor and City Clerk and sealed with
the corporate seal on this ___ day of , 19
ATTEST:
Mayor
City Clerk
(SEAL)
~Ol
Page 13
Section 6. (c). So long as the pe rmanent bond is held, or payment
of principal and interest thereon is insured, by the Government, the City shall,
at t.he option of the Government, prepay all or any part of any annual installment
of interest or of principal and interest by making monthly payments in advance
of the due date of the annual installment. The aggregate of the monthly payments
made in anyone calendar year upon direction of the Government shall not
exceed the amount of the annual installment next due, but nothing herein shall
be construed to prohibit or restrict the City, at its option, from other prepayments
as in this Ordinance provided. Monthly payments for the purpose of prepayment
pursuant to this subsection shall be commenced, terminated and resumed from
time to time as directed by the Government by notice to the Mayor.
Monthly payments shall be credited upon the annual installment next
due. On each annual installment due date the City shall pay, as the balance
due on the annual installment, the difference, if any, between the amount of
the annual installment if no prepayments had been made and the aggregate
credits upon such annual installment. The amount of each monthly payment
shall be applied first to the payment of accrued Interest to the date of payment
on the unpaid principal balance due on the bond, and the balance shall constitute
a prepayment of principal. No such prepayment of principal shall, however,
affect the obligation of the City to pay and prepay annual installments in the
dollar amounts scheduled in the bond and as provided herein and such annual
installments shall be paid and prepaid until all principal of and interest on
the bond have been fully paid.
The Mayor and Clerk shall, when and so often as requested by the
Government, execute and deliver, on behalf of the City, an appropriate agreement
containing the substance of this subsection.

Page 14
Section 7. That the City ha s heretofore fixed rate s to be charged
for the services of the System and reference is hereby made to the ordinance
fixing the rates for the details thereof and other p rovi srons pertaining thereto,
which water and sewer rates and provisions are hereby confirmed and continued.
The City covenants and agrees that the rates established will produce
gross revenues at least sufficient to pay operation and maintenance expenses
of the System, pay the principal of and interest on all outstanding bonds to
which System revenues are pledged, as the same become due and the Paying
Agentl s fees, create and maintain debt service reserves, and to make the required
deposits for depreciation as specified by this Ordinance. The City covenants
always to maintain rates (including increases as necessary) which will provide
for the maintenance of the funds hereinafter described. The rates shall never
be reduced while any of the bonds are outstanding unless there is obtained
from a certified public accountant not in the regular employ of the City a certificate
reciting the opinion that the proposed new rates will produce sufficient net
revenues (net revenues 'being gross revenues to be derived during the next
twelve (12) months less the reasonably anticipated cost of operation and maintenance
for the next twelve (12) months and less the required deposits for depreciation
of the System for the next twelve (12) months) equal to not less than 120%
of the maximum amount that will become due in any year thereafter for principal,
interest and Paying Agent1s fees on all bonds then outstanding to which System
revenues are pledged.
Section 8_ That under the provistons of Ark. Stat. Ann. § 19-4113
(Repl. -1968), a lien is fixed upon the land for any unpaid sewer charge, even
though the use of the System is by a tenant or Lessee instead of the owner.
:{03
Page 15
If any sewer charge is not paid on or before the t~h

/.5"'#;'
day after the bill therefor ~
4)
shall be rendered, a ten percent (10%) penalty shall be added, and if any sewer
charge is not paid on or before the thirtieth day after the bill is rendered,
suit shall be brought to enforce the lien and to collect the amount due, together
with the expenses of the collection and a reasonable attorney's fee.
Section 9. That all of the provisions of the 1969 Ordinance authorizing
the issuance of the 1969 Bonds, except those provisions clearly inapplicable
hereto, including, without limitation, the provisions pertaining to the
collection and the handling of revenue s and funds, to the operation, maintenance
and care of the System I and to the rights and. remedie s of the holders of the
bonds I 'are hereby made applicable hereto and are incorporated herein by
reference a s though fully set forth a t this point. The effect of the above covenant
shall be to continue the applicable provisions in full force and effect even after
the payment of the 1969 Bonds and 'untfl the bonds of this issue are paid, or
provision made therefor. In this regard I nothing herein shall be construed to
in any manner impair the security of the 1969 Bonds or the priority of the pledge
on revenue s in favor of the 1969 Bonds, but it is covenanted that when all of
the 1969 Bonds are paid (or the required provision made therefor) I that the
bonds of this issue will become first lien bonds in the sense that the pledge of
revenues derived from the operation at the System in favor of these bonds will
become a first and prior pledge on the revenues. Furthermore I it is expressly
covenanted and agreed that the City will not issue or attempt to issue bonds
ranking I or claimed to rank, on a parity of security with the 1969 Bonds.
Section 10. The City covenants that it will continuously operate
the System as a revenue producing undertaking and will not sell or lease the
same I or any substantial portion thereof, without the prior written approval
of the holders of the bonds of this issue; provided, however I· that nothing
herein shall be construed to prohibit the City from making such dispositions
of properties of the System and such replacements and substitutions for properties
of the System as shall be necessary or incidental to the efficient operation of
the System as a revenue-producing undertaking.

~o4
Page 16
Section 11. There shall be transferred from the Waterworks and
Sewer Fund into the 1969 vVa1E::rworksand Sewer Revenue Bond Fund those
amounts necessary to pay maturing principal and Interest on the outstanding
1969 Bonds and to establish and maintain the debt service reserve in
connection therewith I in full compliance with all applicable provisions of
the 1969 Ordinance. When all outstanding 1969 Bonds have been paid,
principal and interest, or provision made for their payment, then the
transfers directed by this Section shall cease. Any balance remaining in the
Waterworks and Sewer Revenue Bond Fund shall be transferred to the Water-
works and Sewer Fund.
Section 12. Water and Sewer Revenue Bond Fund. (a) After making
the required payments into the Waterworks and Sewer Operation and Maintenance
Fund created and being maintained pursuant to the 1969 Ordinance, and after
making the required payments into the 1969 Waterworks and Sewer Revenue
Bond Fund created and being maintained pursuant to the 1969 Ordinance, there
shall be paid into a special fund in the name of the City which is hereby created
and designated "1975 Water and Sewer Revenue Bond Fund" (the "Bond Fund"),
the sums in the amounts and at the times hereinafter stated in subsection (b)
for the purpose of providing funds for the payment of the principal of and
interest on the bonds as they mature, and to establish a debt service reserve.
(b) There shall be paid into the Bond Fund on the first business
day of each month until all outstanding bonds with interest thereon have been
paid in full or provision made for such payment, a sum equal to one-eleventh
(1/11) of the installment of interest, or principal and interest, due on the next
installment payment date (plus any additional amount that may be necessary
Page 17
at the time of the delivery of the bonds to fully provide for the first interest
payment on the bonds, if any additional amount be required), on all outstanding
bonds, until a debt service reserve shall have been accumulated in the amount
of $6,000. When the debt service reserve has been accumulated in the required
amount, the monthly payments into the Bond Fund may be reduced to one-twelfth
(1/12) of the installment of interest, or principal and interest, due on the next
installment payment date, but if the debt service reserve becomes impaired
the payments of one-eleventh (1/11) of the next installment shall be resumed
until the impairment is cured.
(c) If the revenues of the System are insufficient to make the required
payment on or before the first business day of the following month into the
Bond Fund, then the amount of any such deficiency in the payment made shall
be added to the amount otherwise required to be paid into the Bond Fund on
the first business day of the next month.
(d) If, for any reason I the City Treasurer shall fail at any time
to make any of the required payments into the Bond Fund, or if for any reason
the Bond Fund shall be insufficient at any time to make the required payments
for principal and interest, as due I any sums then held in the debt service
reserve shall be used to the extent necessary in the payment of the principal
of and interest on the bonds I but such reserve shall be reimbursed from the
first available moneys in the Waterworks and Sewer Fund by the increased
monthly payments specified in (b) above .. The debt service reserve shall
be used solely as herein provided.
(e) When the moneys held in the Bond Fund, including the debt
service reserve, shall be and remain sufficient to pay the principal of and
interest on all of the bonds then outstanding, the City Treasurer shall not
be obligated to make any further payments into the Bond Fund.

Page 18
(f) 1.11 moneys in the Bond Fund shall be used solely for the purpose
of paying the principal of and interest on the bonds, except as -he'Iein specifically
provided. If a surplus shall exist in the Bond Fund over and above the amount
necessary to insure the payment, when due, of principal and interest and over
and above the debt service reserve, such surplus shall, at the option of the
City, either (1) be used for the prepayment or redemption of bonds prior to
maturity, (2) be used for the construction of improvements and extensions
to the System or (3) be transferred to the Water and Sewer Revenue Fund.
(g) It shall be the duty of the City Treasurer to withdraw from
the Bond Fund and to pay to the registered owner, on or before the date on
which each installment hereunder is du.e, an amount equal to the amount of
such installment. No withdrawal of funds from the Bond Fund shall be made
for any other purpose except as otherwise authorized in this Ordinance.
(h) 'The bonds of this issue shall be specifically secured by a pledge
of all the revenues required to be placed into the Bond Fund. This pledge
in favor of the bonds is hereby irrevocably made according to the terms of
this Ordinance, and the' City and its officers and employees shall execute,
perform and carry out the terms thereof in strict conformity with the provisions
of this Ordinance.
(i) Provision has been made for the payment of the principal of
and accrued interest on the temporary bonds from the proceeds of the permanent
bonds and the City shall not be required to make any payments into the Bond
Fund until delivery of the permanent bonds unless necessary to prevent a default
on the temporary bonds but the City covenants to make payments into the Bond
Fund at the times and in the amounts, 1£ any, necessary to prevent a default
in payment of p rinctp al of or interest on the temporary bonds.

Page 19
Section 13. That any surplus in the Waterworks and Sewer Fund,
created and being maintained under and pursuant to the provisions of the 1969
Ordinance, after making the required deposit? in tho other funds as set forth
in the 1969 Ordinance and as set forth herein may be used:
(a) for the redemption of outstanding 1969 Bonds or the bonds'
of this issue in the manner and upon the terms applicable to redemption
prior to maturity; or
(b) for the construction of extensions, betterments and improvements
to the System (including payment of the principal of and interest on bonds
issued therefor but subject to the provisions herein set forth pertaining to
parity bonds); or
(c) for any lawful municipal purpose.
Section 14. Payments from the respective funds shall be made by
check or voucher, signed by the City Treasurer and the Mayor, and drawn
on the depository. Each such check or voucher shall briefly specify the purpose
of the expenditure.
Section 15. The bonds paid either at or before maturity shall be
canceled and shall not be reissued.
Section 16. The principal and interest installments shall be prepayable
prior to maturity as provided in the bond form in Section 6 hereof.
Section 17. As long as any of the bonds are outstanding t the City
shall not issue or attempt to issue any bonds having or claimed to be entitled
to a priority of lien on the revenues of the System over the lien securing the
bonds t including any and all future extensions t betterments and improvements
to the System.
c:{08
Page 20
Nothing herein shall be construed in any manner to prevent the issuance
by the City of additional revenue bonds to finance or pay the cost of constructing
extensions, betterments and improvements to the System; however, any such
additional bonds shall not be issued on a parity with the oustanding bonds
of this issue unless and until there shall have been procured and filed in the
office of the City Clerk a statement by a certified public accountant not in the
regular employ of the City reciting the opinion that the net revenues (net revenues
being gross revenues of the System less operation and maintenance expenses)
of the System for the fiscal year preceding the year in which such parity bonds
are to be issued were not less than 120%of the average annual debt service
requirements on all outstanding bonds to which the revenues of the System
are pledged and the bonds then proposed to be issued.
The additional bonds, the issuance of which is restricted and conditioned
by this Section 18, shall not be deemed to mean bonds the security and source
of payment of which are subordinate and subject to the priority of the bonds.
The provisions of this Section 18 may be waived by the holders of
75%in principal amount of the bonds at any time outstanding.
Section 18. It is covenanted and agreed by the City with the holder
or holders of the bonds that it will faithfully and punctually perform all duties
with reference to the System required by the Constitution and laws of the State
of Arkansas and by this Ordinance, including, without limitation, the making
and collecting of reasonable and sufficient rates lawfully established for services
rendered by the System, segregating the revenues of the System and applying
them to the respective funds created by the 1969 Ordinance and this Ordinance.
Page 21
It is further covenanted and agreed by the City with the holder or
holders of the bonds that the City will maintain public liability insurance covering
the City's ownership and operation of the System, with maximum liability limits
of not less than $10f 000 for personal injury or death of a single person f $20fOOD
for personal injury or death of more than one person in a single accident or
occurrence and $5 000 for property

f damage arising from a single accident or
occurrence.
Section 19. The City 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 f the City covenants
that the proceeds of the sale of the bonds will not be used directly or indirectly
.in .such manner as to .cause the bonds to be treated asJ'erbttraqebonds'' within
the meaning of Section 103 (d) of the Internal Revenue Code of 1954, as amended.
Section 20. That the owner or owners of all improved property lying
within the area that will be served by the sewer facilities , after the proposed
construction has been completed, are hereby directed and required, upon written
request from the City, to connect all toilet and waste water facilities of such
improved property with the sewer facilities; and the owners of property that
is improved after the completion of the proposed construction shall, upon written
request of the City, immediately connect the toilet and waste water facilities
of such property with the sewer facilities. The required notice by the City
shall be given at least thirty (30) days prior to the final date for connection,
and if any property owner shall fail to make such connection after having been
so requested in writing, the City hereby covenants and agrees to institute

Page 22
appropriate p roceediriqs in a court of competent jurisdiction to compel such
connection. Furthermore, any property owner who fails or refuses to connect
his improved property with the sewer facilities after having been so requested
by the City shall be guilty of a misdemeanor and upon conviction shall be fined
in any sum not less than $2.00 and not more than $10.00, and each day's failure
or refusal after the expiration of the time fixed in the notice to make the connection
shall be a separate offense; provided, however, that the provisions hereof
pertaining to a misdemeanor shall be effective only in the event that the City
Health Officer, or other duly designated individual or Board has found and
declared that such failure on the part of any particular property owner constitutes
a hazard to the publtc health and safety of the City and its inhabitants.
Section 21. That when the bonds herein authorized (temporary bonds
and permanent 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 purchaser upon payment of the purchase price. The proceeds from the
sale of the bonds shall be disbursed as follows:
(a) In the case of the temporary bonds the amount necessary to
provide for the payment of interest that will become due and payable during
the construction period shall be deposited in the Bond Fund and the balance
of the proceeds shall be deposited in a special account of the City designated
"Water and Sewer Construction Fund" (the "Construction Fund") in a bank
that is a member of the Federal Deposit Insurance Corporation and used for
the payment of the costs of construction and paying necessary expenses incidental
thereto, including legal and engineering fees and expenses.
(b) In the case of the permanent bonds the amount necessary, if
any, to pay in full the outstanding principal and accrued interest to date of
payment of any temporary bonds shall be used for that purpose, and the amount,
~ J I
Page 23
if any I necessary to provide for the payment of interest during the construction
period shall be deposited In the Bond Fund, and the balance shall be dcpos ited
into the Construction Fund and used for the accomplishment of the improvements
and the expenses incurred by the City in authorizing I selling and issuing the
bonds. Moneys in the Construction Fund in excess of the amount insured by
the Federal Deposit Insurance Corporation shall be continuously secured by
bonds or other direct or fully guaranteed obligations of the United States of
America I except that any moneys invested as hereafter authorized need not
be so secured.
The moneys in the Construction Fund shall be disbursed solely in
payment of the cost of the construction, paying necessary expenses incidental
thereto and paying expenses of issuing the bonds. Disbursements shall be
on the basis of checks or requisitions which shall contain at least the following
information: The person, firm or corporation to whom payment is being made;
the amount of the payment; and the purpose by general classification of the
payment. Each check or requisition must be signed by the individual occupying
the managing office of the System I and in the case of all items of expense over
which the consulting engineers shall exercise supervision (which shall include
all expenses except engineering fees, legal fees and expenses pertaining to
the issuance of the bonds) each check or requisition shall be accompanied by
a certificate signed by the consulting engineers (or by a representative thereof
designated by the consulting engineers), certifying approval thereof. In the
case of requisitions, the depository shall issue its check upon the Construction
Fund payable to the person I firm or corporation designated in the requisition.
The depository of the Construction Fund shall be required to keep records
as to all payments made on the basis of requisitions I and the managing officer
of the System shall keep records of all payments made on the basis of checks.
Page 24
When the construction shall have been completed, this fact shall
be evidenced by the filing with the depository in which the Construction Fund
is deposited of a certificate signed by the managi.ng officer of the System, and
the consulting engineer, which certificate shall state the date of such completion
and shall state that all obligations which are payable from the Construction
Fund have been discharged. Upon receipt of the above certificate the depository
with which the Construction Fund is deposited shall payor transfer any remaining
balance pursuant to the written direction or check signed by the managing
officer of the System and one other person designated by the City Council
and with any such remaining balance to be transferred into the Bond Fund,
and applied immediately to the prepayment of bonds, in multiples of $1,000
in principal amount. Any remaining balance of less than $1,000 shall be deposited
in the debt service reserve in the Bond Fund. The City shall require the
depository to execute an appropriate Deposit Agreement embodying the substance
of the provisions of this Section 22.
Section 22. (a) Moneys held for the credit of the Construction Fund
which exceed the estimated disbursements on account of the project for the
next ninety (90) days shall, as nearly as may be practicable, be continuously
invested and reinvested in direct obligations of, or obligations the principal
of and interest on which are fully guaranteed by, the United States Government,
which mature I or which shall be subject to redemption by the holder or registered
owner at the option of such holder or registered owner I not later than the date or
dates when the moneys will be needed for project disbursements.

~J3
Page 25
(b) Moneys held for the credit of the debt service reserve in the
Bond Fund shall be continuously invested and reinvested in direct obligations
of, or obligations the principal of and interest on which are fully guaranteed
by, the United States Government, which .shall mature, or which shall be subject
to redemption by the holder or registered owner thereof, at the option of such
holder or registered owner, not later than ten (10) years after the date of
investment.
(c) Moneys held for the credit of any other fund may, at the option
of the City, be invested and reinvested by the City in direct obligations of,
or obligations the principal of and interest on which are fully guaranteed by,
the United States Government, which shall mature, or which shall be subject
to redemption by the holder or registered owner thereof at the option of such
holder or registered owner, not later than the date or dates when the moneys
held for the credit of the particular fund will be required for the purpose .•.
UI."' •••..•." •..•
(d) Obligations so purchased as an investment of moneys in any
such fund shall be deemed at all times to be a part of such fund, and the ;,...1'1"0..-,0.,.+
accruing thereon and any profit realized from such investment shall be credited
to such fund, and any loss resulting from such investment shall be charged
to such fund. However, in the case of earnings on investments of moneys
in the debt service reserve which increase the amount thereof in excess of
the required level, earnings to the extent of such excess need not be retained
in the debt service reserve and may be used as any other moneys in the Bond
Fund are permitted to be used pursuant to the provisions of this ordinance.

Page 26
(e) Moneys so invested in United States Government obligations,
as above defined, need not be secured by the depository bank.
Section 23. That in the event the office of Mayor, City Clerk, City
Treasurer or City Council shall be abolished, or any two or more of such offices
shall be merged or consolidated, or in the event the duties of a particular
office shall be transferred to another office or officer, or in the event of a
vacancy in any such office by reason of death, resignation, removal from office
or otherwise, or in the event any such officer shall become incapable of performing
the duties of his office by reason of sickness I absence from the City or otherwise,
all powers conferred and all obligations and duties imposed upon such office
of officer shall be performed by the office or officer succeeding to the principal
functions thereof, or by the office or officer upon whom such powers, obligations
and duties shall be imposed by law. In this regard, if the City should ever
fail to maintain the office of Treasurer I the duties of the Treasurer hereunder
shall be performed by the .Clerk .... .
Section 24. The provisions of this Ordinance shall constitute a binding
contract between the City and the holders or reqistered owners of the outstanding
bonds issued hereunder, and the City will at all times strictly adhere to the
terms and provisions hereof and fully discharge all of its obligations hereunder.
Subject to the terms and provisions contained in this Section and not otherwise,
the holders or registered owners of not less than seventy-five percent (75%)
in aggregate principal amount of the bonds then outstanding shall have the
right, from time to time, anything contained in this Ordinance to the contrary
notwithstanding, to consent to and approve the adoption by the City of such
ordinance supplemental hereto as shall be necessary or desirable for the purpose
of modifying, altering, amending I adding to or rescinding I in any particular,

.. ~15·.·
Page 27
any of the terms or provisions contained in this Ordinance or in any supplemental
ordinance; provided, however, that nothing herein contained shall permit or
be construed as permittin 9 (a) an extension of the maturity of the principal
of or inter-est on any bond issued hereunder, -or (b) a reduction in the principal
amount of any bond or the rate of interest thereon, or (c) the creation of a
lien upon or a pledge of revenues other than as expressly authorized by the
appropriate provisions of this Ordinance as now adopted, or (d) the creation
of a privilege or priority of any bond or bonds over any other bond or bonds I
or (e) a reduction in the aggregate principal amount of the bonds required
for consent to such supplemental ordinance.
. Section 25. The Mayor is hereby directed to publish for one insertion
, which is hereby found and declared
to be a newspaper with a general circulation in the City, this Ordinance, to
wh1chshall be -ettaohed a Notice signed by him in substantially the following
form:
NOTICE
Notice is hereby given that the City Council of the City of Mountain
Home, Arkansas, has adopted the Ordinance set out below authorizing the issuance
of Water and Sewer Revenue Bonds described in 111eOrdinance; that any person
interested may appear before the City Council on the day of

---
197 . , at _____ .m., at the usual meeting place of the Council held in Mountain
Home and present protests. At such hearing all objections and suggestions
will be heard, and the Council will take such action as is deemed proper in
the premises.
DATED this ___ day of , 197
Mayor
, . t{J7
Page 29
Section 26. This Ordinance shall not create any right of any kind,
and no right of any kind shall arise hereun del' pursuant to it, until the bonds
authorfzed by this Ordinance shall be iss ue d and delivered.
Section 27. The provisions of this Ordinance are hereby declared
to be separable, and if any provision shall for any reason be held illegal or
invalid, it shall not affect the validity of the remainder of the Ordinance.
Section 28. References in this Ordinance to "holder" or "bondholder"
shall, when appropriate, be deemed to include the registered owner of the
bonds.
Section 29. All ordinances and resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 30. It is hereby ascertained and declared that the Water
and Sewer Sy stern of the City is Inadequate to serve the needs of the City erid
the inhabitants thereof, thus endangering the life, health and safety of the
inhabitants and their property, and that the only practical manner in which
those hazards can be eliminated is by the construction of extensions, betterments
and improvements to the Water and Sewer System to be financed by these bonds.
It is, therefore, declared that an emergency exists, and this Ordinance being
necessary for the immediate preservation of the public peace I health and safety,
shall take effect and be in force from and after its passage.
, 197~'
ATTEST:
(:;tj'?/£4u: .~':ju4-6
City Clerk
-(SEAL)
./
-'...
.0{ J '6
CERTIFICATE
The undersigned, City Clerk of the City of Mountain Home I Arkansa s,
hereby certifies that the foregoing pages, nurnbered from 1 to 29 I inclusive I
are a true and perfect copy of Ordinance No. ~;JC', adopted at a .~<!.<'-?I.-d
session of the City Council of the City of Mountain Home, Arkansas, held at
the regular meeting place in said City at p.o: IX!m., on the l3 day of /ilbJ.-;?}?N.lL
197L/-, and that the Ordinance is of record in Ordinance Record Book No. 3
Page
---- , now in my possession.
GIVEN under my hand and seal on this /3

197 £/' 0
City Clerk .
(SEAL)
ORDINANCE NO. 421

REFERENCE TO ZONING WITHIN THE CITY LIMITS OF
THE CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE
TO CHANGING AREAS ZONED AS RESIDENTIAL R-l
TO COMMERCIAL C-3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

1. That proper petition was filed by the property

owner requesting a change in zoning, to-wit; Change from
Residential R-l zoning to Commercial C-3 zoning; that said
petition was submitted to the Planning Commission of the City
of Mountain Home, Arkansas; that notice of said petition and
a public hearing thereon was published in a newspaper having
local circulation as is required by ordinance no. 163; that
public hearing was held and all objections were heard; and
the planning commission has recommended the zoning change.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF

That the following described real estate be and is

hereby changed in zoninf from Residential R-l to Commercial C-3,
to-wit:
The North 77 feet of Lot Number 34 of Village
Subdivision, as shown by the recorded plat
thereof, being a subdivision in the City of
Enacted December 16,1974 and declared operative as

of this date.
I
Rezoning of the Margaret Lawson property on Gray Street

ORDINANCE NO. 422
AN ORDINANCE PROVIDING FOR COMPULSORY TRASH

AND GARBAGE PICK-UP WITHIN THE CORPORATE LIMITS
OF THE CITY OF MOUNTAIN HOME, ARKANSAS AND FOR
OTHER MATTERS RELATING THERETO.
WHEREAS, certain petitiDns were filed and the question

of compulsory trash and garbage pick-up services was placed on
the election ballot to be voted upon by the citizens of Mountain
Home, Arkansas during the general election held on November 5,
1974; and
WHEREAS, the voters within the City of Mountain Home,
Arkansas voted on the question as follows:
For compulsory trash pick-up service--------l,392
Against compulsory trash pick-up service----- 932
WHEREAS, pursuant to said election it is the duty and
responsibility of the City Council of the City of Mountain Home,
Arkansas to provide by ordinance for compulsory trash and
garbage pick-up services; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MOUNTAIN HOME, ARKANSAS:
Section I. Trash and garbage pick-up services shall
be and are hereby declared to be "essential services" in which
the City has a proper interest and which must be furnished to the
citizens of the City of Mountain Home, Arkansas in order to pro-
tect said citizens' health, safety and welfare.
Section II. It shall be, and is hereby declared to be
unlawful for any person, firm or corporation owning, possessing,
or having control or custody over trash, garbage, or refuse within
the City of Mountain Home, to dispose of same other than by
contracting f or such disposal with either the City of Mountain Home,
Arkansas, or with such private contractor or contractors to which
the City shall have awarded a garbage, trash, and refuse pick-up
franchise. The present franchise holder is R.L.H., Inc. whose
address is 604 South Church Street, Mountain Home, Arkansas, and
whose telephone number is 425-3213. The name, address and telephone
number of the franchise holder, or holders, and the rates which
they may charge shall be filed with the City Clerk of Mountain Home,
Arkansas, and such filing shall be due notice of the agency or
agencies with which a subscriber must contract.
Section III. Any person, firm or corporation violating
any of nhe terms of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in any sum
not less than $10.00, nor more than $25.00, and each day thereof
shall be deemed a separate offense.
Section IV. If, for any reason, any portion of this
ordinance shall be held invalid or unconstitutional, such invalidity
or unconstitutionality shall not effect the remaining sections or
portions hereof and such valid portions shall remain in full force
and effect.
2
Section V. This ordinance being necessary to protect

the public health, sa£ety and wel£are o£ the residents o£ the
City o£ Mountain Home, Arkansas, an emergency is hereby declared
to exist and it shall be in £ull £orce and e££ect £rom and after
its passage.
APPROVED this 16th day of December, 1974.
Compulsory Trash and Garbage Pick-Up

ORDINANCE NO. 423
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH


HOME, ARKANSAS:
That proper petitions were filed by property owners re-
questing a Change in zoning; that said petitions were submitted to
the Planning Commission of the City of Mountain Home, Arkansas; that
in a newspaper having local circulation as required by Ordinance No.
163 on the posting of notice on subject property in accordance with
Ordinance No. 283; that a public hearing was held; that all remon-
strances were heard, after which the Planning Commission recommended
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
be and is hereby changed in zoning from Residential R-1 to Commercial
C-2:
That part of the swt NEt Section 4, Township 19
North, Range 13 West, described as follows: Be-
ginning on the East line thereof 1177.90 feet
North of the SE corner thereof for a point of
beginning, run thence West 454 feet; run thence
South 39 deg. 43! West 1155.77 feet; run thence
North 88 deg. 08! West 168.64 feet to a point
on the West line of said forty; run thence North
to the NW corner of the forty; run thence East
along the North line of the forty to the NE
corner thereof; run thence South to the point
of beginning;
EXCEPT for the North 150 feet and the West 150
feet thereof which is hereby changed in zoning
from Residential R-1 to Residential R-2.
ENACTED THE 17TH DAY OF FEBRUARY, 1975, AND DECLARED

ATTEST:
Rezoning of Mountain Springs, Inc. property

BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY
OF MOUNTAIN HOME, ARKANSAS, that Sections 1, 3 and 7 of Ordinance No.
419 be amended to read as follows:
SECTION 1. There is hereby created a park and recreation
commission of the City of Mountain Home, Arkansas, which shall consist
of seven (7) members.
SECTION 3. The original seven (7) members of the park and
recreation commission of the City of Mountain Home, Arkansas, shall
be appointed to terms of two for 1 year, two for 2 years, one for 3
years, one for 4 years, and one for 5 years, so that at least one (1)
commissioner's term will expire each year. Terms of office of members
thereafter shall be for a term of five (5) years. All vacancies shall
be filled for the unexpired terms of the member whose office is vacant
in the same manner as such member received the original appointment.
SECTION 7. Meetings shall be held as needed and as called
by the chairman. Any five (5) members of the commission may call a
meeting after giving seven (7) or more days' notice of such meeting
to all members. The minutes of the commission meetings shall be filed
with the City Clerk of the City of Mountain Home, Arkansas. Five mem-
bers shall constitute a quorum for the transaction of business fOr the
commission.
Sections 1, 3 and 7 of Ordinance No. 419 shall be amended
as set forth by the Sections above, the congested and crowded condi-
tion of the recreation facilities of the City of Mountain Home has
increased the workload on the recreation commission. An emergency
is therefore declared and this ordinance being necessary for the
preservation of the public peace, health and safety, shall be in
full force and effect from and after its passage.
AIfTEST:
Amendment to Recreational Commission Ordinance No. 419

AN ORDINANCE TO CREATE A BOARD FOR EXAMINING AND LICENSING
MASTER ELECTRICIAN, JOURNEYMAN ELECTRICIANS, MAINTENANCE ELEC-
TRICIAN, APPRENTICES AND HELPERS, AND TO PROVIDE FOR THE LICENSING
OF PERSONS ENGAGED IN THE BUSINESS OF ELECTRICAL CONTRACTING,
ELECTRICAL REFRIGERATOR CONTRACTING, ELECTRICAL REFRIGERATOR
REPAIR CONTRACTING, AND ELECTRICAL SIGN CONTRACTING; TO PROVIDE
FOR RULES AND REGULATIONS FOR LICENSING SUCH PERSONS OR FIRMS;
TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT VALIDITY OF
REMAINDER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND DECLARING AN EMERGENCY.

ARKANSAS:
SECTION 1.
A. There is hereby established a board of five members to
be known as the Board of Electrical Examiners and Supervisors.
Such board shall be composed of the personnel having the fol-
lowing qualifications:
(a) One member shall be the Superintendent of the
Electric Department of the City of Mountain Home,
Arkansas.
(b) One shall be an electrical contractor, who is a
licensed master electrician, licensed to do
business in Mountain Home, Arkansas, whose
business must be located in Mountain Home,
Arkansas, and who is a resident of Mountain Home,
Arkansas.
(c) One shall be an electrician who has qualified as
a journeYman, as herein defined.
(d) One shall be a representative of the Arkansas
Fire Prevention Bureau.
(e) One shall be the City Mayor.
B. Said Board shall have the power and it shall be the duty
of said Board to examine into the qualifications of all persons,
firms or corporations who are engaged in the business of contracting
electric wiring work or installing electric wiring, lighting fix-
tures or apparatuses operating at a potential of 30 volts or more.
SECTION 2.
The members of said Board other than the Superintendent of
the Electric Department of the City of Mountain Home shall be
appointed by the Mayor of the City of Mountain Home within 10 days
after the effective date of this ordinance, subject to the approval
of a majority of the elected members of the City Council of the
City of Mountain Home. The term of the members of said Board shall
run concurrently with the term of office of the Mayor making their
appointment, and until their successors are selected and qualified.
Vacancies for any unexpired term shall be filled in the same manner
as is herein provided for by the original appointment of members.
The Superintendent of the Electric Department shall be the secre-
tary who shall:i.{:eep
a full and complete record of all acts and
business of the~oard.\ T~.e..
~oard shall also select one of its
members as Ch(l.:i;r'rq,aniand
<prorq,1i!-lgate
such rules and regulations for
the conduct of its meetings as may be appropriate.
SECTION 3.
A majority of the Board shall constitute a quorum to transact
the business thereof. The Board shall meet at least once a month
and may hold special meetings upon call of the Chairman of the
Board whenever the business of the Board requires it. The books,
papers, and records of the Board shall at all times be open and
subject to inspection.
Any member of the Board may be removed by the City Council of
the City of Mountain Home for incompetency, inefficiency or dere-
liction of duty by a majority vote of the duly elected members of
the Council. The Board of Electrical Examiners and Supervisors
shall adopt such rules and regulations for the conduct of the
business of the Board as may be necessary not in conflict with
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the laws of the state of Arkansas, the provisions of this ordinance

or any other ordinance which may hereafter be passed, and shall have
the power to change and amend the same, subject to this limitation.
A copy of any rulBs and regulations adopted before becoming effective
shall be approved by the City Council and filed with the City Clerk
of the City of Mountain Home, Arkansas. A complete list of all
licenses issued, renewed or revoked shall be on file in the office
of the Superintendent of the Electric Department of the City of
Mountain Home.
SECTION 4.
No person, member and/or employee of a firm or corporation
shall engage in the electrical business of installing, altering, or
repairing any electrical wiring, fixtures, devices or equipment
operating at a potential of 30 volts or more in the City of Mountain
Home, Arkansas, unless such person, members and/or employees of a
firm or corporation have been duly examined and have been issued a
license to engage in said business, such license to have been issued
by the Board of Electrical Examiners and Supervisors. Permits to
perform electrical work shall be issued by the Superintendent of
the Electrical Department only to said person, members, and/or em-
ployees of a firm or corporation holding such licenses.
The above section will not prohibit any person from making
necessary repairs or alterations or installations in a residence
owned and occupied by him providing a permit is issued and inspection
is made. Neither will this section require railroad electricians to
carry a city license to perform their duties for the railroad as
electricians.
Any person, member and/or employee of a firm or corporation in
the City of Mountain Home doing electrical work covered by this ordi-
nance or holding himself or itself out as licensed to do electrical
work or engage in the electrical business of anyone or more branches
of the electrical industry as hereinafter defined without first suc-
cessfully passing an examination given by the Board and securing a
license in the manner hereinafter set forth shall upon conviction
thereof be guilty of a misdemeanor.
SECTION 5.
Every person, member, and/or employee of a partnership, firm
or corporation desiring to engage in the electrical business as here-
tofore and hereafter defined shall, before engaging in such business,
successfully pass an examination upon his qualifications. Such
examination shall be prepared, conducted, and held by the Board of
Electrical Examiners and Supervisors, and two members of the Board
must be present at the examination. All applicants desiring to take
such examination shall apply in writing to the Secretary of the Board
of Electrical Examiners and Supervisors at least 15 days before such
examinations are to be held, for the privilege of taking such an
examination, and shall pay to the City Collector of the City of
Mountain Home an examination fee in the sum as hereinafter set forth,
and shall exhibit a receipt for such fee in the Secretary of the
Board of Electrical Examiners and Supervisors before he shall be
allowed to take such examination. The Board shall fix the time and
place for the examination of applicants, and if the Board shall find
upon examination that any applicant has a reasonable knowledge of
the natural and practical laws and functions of electricity, the
safe, correct and approved manner of installing devices, apparatus,
and instrumentalities for electric light, heat, power, and signaling
purposes, and the ordinances of the City of Mountain Home governing
the installation of electrical devices, apparatus, and instrumentali-
ties, then the Board shall issue to such person the license for which
he has applied, which license shall indicate thereon his qualifica-
tions and the fact that he has successfully completed and passed the
examination given by the Board for his particular type of electrical
work. All such licenses shall expire on the 31st day of December of
each year, and all duly licensed persons who apply for renewal of
such licenses within 30 days after the examination date hereof shall
be granted a new license without further examination, upon the pay-
ment of the fee hereinafter mentioned for renewal. If such renewal
is not applied for on or before the 30th day of January succeeding
the period of the license the applicant shall be required to pay a
penalty of $5.00. Any license for such work issued prior to the
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effective date of this ordinance shall be null and void and the
holder of such license shall not be entitled to a renewal thereof
until he shall have successfully passed the examination for the
license provided and held by the Board of Electrical Examiners
and Supervisors, and shall have paid the fee therefor.
SECTION 6.
The classification of the various branches of the electrical
industry and qualifications required of applicants for each clas-
sification shall be as follow:
A. "Master Electrician" shall be defined to include
any individual who possesses the necessary quali-
fications, training and technical knowledge to
install, maintain and extend electrical conduc-
tors and equipment; further he shall be capable
of dOing such work in accordance with plans and
specifications furnished him in accordance with
standard rules and regulations governing such
work.
1. He shall have had at least four
years! experience installing wires,
conductors and electrical ~uipment
used inside of buildings for the ~
transmission of electrical current
for electrical light, heat or power
purposes.
2. Any person who is presently licensed
by the City of Mountain Home, Arkan-
sas, who is working as a journeYman
electrician on the date of the passage
of this ordinance shall be issued a
master electrician!s license upon
certification without examination.
3. Examination fee for master electrician
shall be $15.00. Renewal fee for
master electrician shall be $10.00.
Examination fee for journeYman elec-
trician shall be $10.00. Renewal fee
for journeYman electrician shall be
$7.00.
B. JourneYman shall have three years! experience or
trade school, correspondence courses or as approved
by Electrical Board.
C. "Maintenance Electrician" shall be defined to include
any individual engaged in the business of building,
erecting, maintaining and repairing electrically
illuminated or operated signs, and gaseous tubing
for illuminations, making all connections on sec-
ondary side of transformers and primary connections
only where there is a sign circuit or an outlet of
sufficient capacity available, or any individual
engaged in the business of servicing, maintaining,
repairing and installing electrical equipment in
connection with refrigeration providing they do not
make final connections to electric current unless
there is an approved outlet of sufficient capacity
available.
1. He shall have had at least two years!
experience in the installation, main-
tenange and repair of electrical equip-
ment in connection with refrigeration.
Examination fee for Maintenance Electrician shall be
$6.00. Renewal fee for Maintenance Electrician shall
be $4.00.
D. "Apprentices" shall be defined to include any person
working or serving to learn or be skilled in any branch
of the electrical business and cannot perform actual
work of installing, repairing or maintaining electrical
wiring or equipment, unless under the direct super-
vision of a journeYman. Said apprentice is required
to be licensed under this ordinance.
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Examination fee for Apprentices shall be $5.00.

Renewal fee for Apprentices shall be $3.00.
E. llMaintenance Electricians Helper" shall be defined

to include any person working under the direct
supervision of a licensed maintenance electrician
performing such works as defined for said mainten-
ance electrician. Said maintenance electricians
helper is required to be licensed under this
ordinance.
Examination fee for Maintenance Electrlcians Helper
shall be $3.50. Renewal fee for Maintenance Elec-
tricians Helper shall be $3.00.
F. "Electrical Contractor" shall be defined to in-
clude any person, member and/or employee of a
firm, partnership or corporation engaged in the
business of installing, erecting or repairing
or contracting to install, erect or repair elec-
tric wires or conductors to be used for the trans-
mission of electric light, heat or power purposes
or to install or repair moundings, ducts, raceways
or conduits for the reception or protection of such
wires or conduits, or any electrical machinery,
apparatus, or systems to be used for electrical
light, heat, power or signaling purposes operating
at a potential of 30 volts or more.
Any person, or a member, and/or employee of a firm,
partnership or corporation desiring to engage in
the business of Electrical Contractor may apply for
and be issued a license upon satisfying said Board
that he or it is either a Master Electrician or
employs a Master Electrician as its superintendent
or manager.
Such electrical contractor shall pay a license fee
of $30.00 within ten days after becoming eligible
therefor, which license shall be valid to December 31,
and $30.00 annually thereafter, payable on or before
the last day of January of each year.
Before any person, firm, partnership or corporation
shall engage in the business of electrical contrac-
ting as herein defined the name, residence and
place of business of such person, firms, partner-
ship or corporation shall be registered in a book
to be kept for that purpose by the Secretary of
the Board of Electrical Examiners and Supervisors,
a copy of which shall at all times be kept on file
in the office of the Superintendent of the Electric
Department of the City of Mountain Home. In said
book shall also be recorded the name of the Master
Electrician managing or supervising the business of
such person, firm, partnership or corporation as
superintendent or manager and the date on which
such person qualified as a Master Electrician
under the terms and provisions of this ordinance.
Every removal of place of business, or change in
name of the organization, or change in the licensed
Master Electrician in charge of the basiness, shall
require immediate notice thereof to the Secretary
of the said Board, who shall make the proper changes
in the record book heretofore mentioned. Every
Electrical Contractor shall promptly report to the
Secretary of said Board the death, resignation or
discharge of his or its Master Electrician; and if
another Master Electrician is not secured within
three days after the next succeeding examination
held therefor by the Board, the license of such
contractor shall be suspended until a new licensed
Master Electrician is employed.
--SECTION 7.
That every person, firm or corporation holding a license issued
by the Board pursuant to the terms and provisions of this ordinance,
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shall conform strictly with the ordinances of the City of Mountain

Home governing the installation, repair, construction and inspection
of electrical work in the City of Mountain Home, Arkansas.
SECTION 8.
Be it further ordained that every person, firm or corpora-
tion doing business in the City of Mountain Home asa licensed
electrical contractor shall strictly comply with the ordinance
of the City of Mountain Home.
SECTION 9.
That no license certificates issued by said Board shall be
assignable or transferable. Any license issued maybe suspended
or revoked by the Board for any violation of the terms of this
ordinance, or any ordinance governing the installation or in-
spection of electrical work,or any rules and regulations promul-
gated by the Board after a hearing to be held at the convenience
of the Board.
It shall be unlawful for any person, firm, partnership or
corporation licensed under this ordinance to do any electrical
work covered by the ordinance, after the expiration of the license
issued, or after the revocation or suspension of such license or
to perform any such work without a valid license from the City of
Mountain Home.
SECTION 10.
Every person, firm or corporation licensed under this ordi-
nance shall display such license in his or its place of business.
SECTION 11.
It shall be unlawful for any person, firm or corporation
licensed under this ordinance to alter, transfer, lend or rent
his or its license certificate or use a license not his or its
own. It shall also be unlawful for any person to falsely repre-
sent himself or themselves to be licensed under this ordinance,
or to wrongfully use a license issued by said Board.
SECTION 12.
The Superintendent of the Electrical Department of the City
of Mountain Home, Arkansas, is hereby prohibited to issue elec-
trical construction permits to any person, firm or corporation
other than those licensed under this ordinance except in the event
said person, firm or corporation has a permanent employee who is
a licensed master electrician to install or maintain electrical
wires or apparatus in or upon their own premises.
SECTION 13. Nothing in this ordinance shall be construed
or interpreted as applying to any firm or corporation, or employee
thereof, engaged in providing communication facilities to the
public through a central office operated by it, or a firm or
corporation or employee thereof engaged in the generation of elec-
tric current for distributing electric energy for light, heat,
or power, or electrically operated transportation.
SECTION 14.
A. It shall be the duty of the Superintendent of
the Electric D~partment to see that all pro-
visions of the ordinance, rules and regulations
of the Electrical Department of the City of
Mountain Home are fully complied with, and to
inspect all the electrical work done within the
corporate limits for lighting, power or heating
and shall keep proper and permanent records of
such inspections; he shall report the result of
inspections to the general or electrical con-
tractor or to the owner or occupant of the
building or structure in or on which the elec-
trical work is being done or has been done, and
cause to be corrected any deviation from the
requirements of this ordinance, or issue approval
in writing when said requirements are found to be
satisfied.
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B. It shall be the duty of the Superintendent of the

Electric Department or his authorized assistants
to inspect all interior wires and wiring and all
electrical apparatus conducting or utilizing
electrical current for any purpose whatsoever,
within the limits of the City of Mountain Home.
He shall be empowered to make such tests as he
may deem necessary to ascertain the condition
of such wiring or appliances and he shall have
the right to remove or compel the removal of any
obstructions, such as lathe, plastering, ceiling
or flooring which may hinder a full and complete
inspection of such wires or apparatus. He may
remove or compel the removal of conductors which
are enclosed in conduit or otherwise inaccessible
for complete inspection. When said conductors or
appliances are not in accordance with the require-
ments of this ordinance, or found to be unsafe to
life or property, he shall have the right to condemn
such conductors or appliances as hereinafter provided.
C. The Superintendent of the Electric Department or
his authorized assistants shall have the right to
enter any building, manhole, subway or premises in
the discharging of his duties or for the purpose
of making any inspections or tests of any electri-
cal apparatus contained therein .. He shall have the
power to make arrests for the violation of any of
the provisions of this ordinance and to compel the
suspension of any electrical work being done in a
manner prohibited by this ordinance.
D. The Superintendent of the Electric Department or
his authorized assistants are hereby empowered to
inspect or re-inspect at his option, all interior
wiring and apparatus conducting or using electrical
current for lights, heat or power, and when the
said conductors or apparatus are found to be un-
safe to life or property~ he shall notify the
persons, firm, or corporation owning, using or
operating them, to place the same in a safe and
secure condition within forty-eight (48) hours;
or within such further time as the Superintendent
of the Electrical Department shall determine is
necessary.
E. It shall be unlawful for any person, firm or cor-
poration to hinder or interfere with the Superin-
tendent of the Electric Department or any of his
authorized assistants in the discharge of their
duties under this ordinance.
SECTION 15. Wiring Methods.

A. Be it further ordained, etc., that any and all
electric work for light, heat, power or any other
purpose placed in or on any building or structure
in the City Limits of the City of Mountain Home
shall be installed in conformity with the rules
and regulations as laid down in the National Elec-
tric Code as approved by the American Engineering
Standards Committee and in conformity with the
additional rules and regulations as set forth in
this ordinance. Where local rules and regulations
are set forth in this ordinance, they shall take
preference over any rules conflicting therewith.
B. Any and all materials, devices, equipment, or any
and all items necessary for the installation of
electrical systems shall be approved and/or bear
the label of the Underwriterls Laboratories, Inc.,
which Laboratories shall be accepted as the author-
ity for any and all approved items, provided the
class of material used is listed by the said Under-
writer's Laboratories, Inc.
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C. No electrical apparatus, fittings or material

shall be used or placed on sale when the Super-
intendent of the Electric Department shall con-
sider it a fire hazard to life and property.
D. All electrical conductors operating at a differ-
ence of potential of thirty (30) volts or more
and installed in or on. any building or structure
in the City of Mountain Home shall be installed
in one of the following approved methods, i.e.,
RIGID METAL CONDUIT, FLEXIBLE STEEL CONDUIT, METAL
MOLDING, STEEL TUBE, APPROVED METAL DUCT, FIBER
CONDUIT, NON-METALLIC SHEATHED CABLE.
SECTION 16. Local Rules and Regulations.

A. All electrical work of any kind and all systems
shall satisfactorily fulfill the purpose for which
it is installed and all work shall be executed in
a neat and workmanlike manner. Slipshod or work
not in keeping with good electrical practice shall
be classified as defective and shall be immediately
corrected by persons causing the same.
B. All wiring for lights, power and heat in theaters,
churches, auditoriums, garages, gasoline filling
stations, hotels, office buildings, schools or
other buildings normally used for public purposes
shall be installed in approved rigid metal conduit,
steel tube or flexible steel conduit, commonly
known as Greenfield, metal ducts and metal moldings.
C. All light wiring in commercial buildings in sales
and display rooms shall be done with wire not
smaller than No. 12 wire, allowing four (4) out-
lets to the circuit. Window lights not over six
(6) outlets per circuit No. 12 wire, provided this
number of outlets does not overload the circuit.
D. Residences and apartments shall be done with wire
not smaller than No. 12 wire, allowing eight (8)
outlets per circuit. No. 14 wire will be allowed
on switch legs only.
E. Residences and apartments shall be done with wire
not smaller than No. 12, allowing eight (8) out-
lets per circuit. However, kitchens, laundry
rooms, and breakfast rooms shall not have more
than two (2) duplex receptacles per circuit in-
stalled with wire not smaller than No. 12; in the
absence of breakfast rooms, the same shall apply
to dinettes.
F. Store rooms, stock rooms, toilets and hallways in
commercial buildings may have eight (8) outlets
per circuit on No. 12 wire, provided this number
of outlets does not overload the circuit.
G. All ceiling outlet boxes shall be fitted with
plaster rings. Number of conductors in boxes
shall be governed by Article 370, as set forth
in the National Electrical Code.
H. All outlets for ceiling or bracket lights wherever
installed shall be mounted on bar hangers or J
brackets and ears drilled and tapped and in resi-
dence wiring all switch and outlet boxes shall be
of tne type known to the trade as Galvanized or
Sheradized or Nylon Fiber a roved boxes and shall
be at least one and one-half 12 inches deep.
I. Electric signs on new or old wiring two hundred
watts or over, must be on separate circuit. Signs
not exceeding two hundred watts may be connected
to a light circuit, provided that circuit is not
overloaded.
1. All~attit.:;sQn DId jobs must be left open and adequate
provision mad.e for inspection.
-8-
K. Overhead wires running between main buildings and

any outbuildings shall not be smaller than No. 12
wire and shall be supported by approved supports
in an approved manner.
L. Ground wire shall not be smaller than #6 gauge.
Ground wire shall be installed from meter loop
to driven ground. Driven ground must be approved
grounding device.
M. All exposed wires under houses and in basement

shall be installed in rigid steel conduit, steel
tube, or Greenfield unless the joists are bored.
This does not apply to ground wires.
N. All wiring installed in or under concrete or other
type of floor laid on earth, shall be done with
galvanized conduit not smaller than three-fourths
(3/4) inch and wire approved for this purpose used,
or P.V.C. conduit.
O. Under all conditions where conduit is required,
conduit and fitting used shall be of the type known
to the trade as Galvanized or Sheradized or Aluminum
or P.V.C.
P. The use of approved non-metallic direct burial cable
and wire will be permitted when outside of buildings
and concrete aprons, provided when in rocky soil it
will be bedded in sand and when necessary protected
bya treated board. All direct burial cable and wire
shall have approved overload protection. Approved
"non-metallic direct burial cable and wire will not
be permitted for underground services unless installed
in approved underground ducts or raceways.
Q. All convenience outlets for ironing board must be
installed outside the ironing board cabinet.
R. All distribution panels and cabinet shall be of the
dead front type.
S. All multiple meter installations or service switch
banks of six (6) or more meters shall be protected
by main service fused switch or breaker. Main switch
or breaker shall be of the approved type.
T. In all dwellings a service entrance of not less than
100 ampere capacity main and range in parallel shall
be installed. All circuits will be identified by
writing in proper space provided in the lid of ser-
vice panel. Where there is an electric range or
water heater installed, a service entrance of not
less than 100 ampere capacity shall be installed.
All service shall be installed in a manner that will
not require more than six motions to disconnect entire
load. Each entrance to be computed and in no case
overloaded.
U. Table governing size of service entrance switch and
service wires shall be governed by the National
Electric Code. In new construction, provision shall
be made for 2 spare circuits. Main switch will not
be required with approved type breaker panel for six
(6) circuits or less.
V. Apartment houses or other multiple meter installa-
tions shall have plainly marked the number of the
apartment or sufficient load designation; marking
shall be permanent.
W. Service entrance switches and meter loops shall be
located in ready accessible places. Height of meter
sockets shall not be less than five and one-half ~5t)
feet and not more than six and one-half (6t) feet to
the bottom of the socket. Service entrance switches
where accessible to other than authorized persons,
shall not be lower than five (5) feet to the bottom
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of the switch. Services from meter to point of

service entrance shall be installed in rigid
steel conduit. Services from service entrance
switch to distribution cabinets shall be in-
stalled in rigid steel conduit, steel tube,
flexible steel conduit known as Greenfield,
or romex.
X. On all remodeling jobs where the load is to be

divided and put in two or more meters, the meters
must be relocated according to the above rules,
and shall be fed from a common service. This
rule applies only to dwellings and apartment
houses.
Y. No job shall be considered as being completely
roughed-in until all joints have been spliced
and soldered or approved wire connectors. Ser-
vice entrance should be installed. Before final
inspection all joints shall have approved tape
or connections and pigtails provided for the
hanging of fixtures.
SECTION 17. Inspections, Permits and Fees.

A. Any person, firm or corporation before conduction
or managing a business for installing any electri-
cal wires or electrical apparatus to convey elec-
trical current for light, heat or power, shall
comply with this ordinance.
B. In case it shall be discovered that any electrical
work has been installed or put into use, for which
no application for inspection has been made, there
shall be a charge of five dollars ($5.00) which
shall be in addition to the regular inspection
fee covering such work and no additional permits
shall be granted until all fees have been paid.
C. Applications for permits shall give the exact
address by street and number, approximate date
inspection is desired, the name of the electrician
in charge of the work, a complete description of
the extent of the installation.
~ D. All applications for permits shall be accompanied
\ by the inspection fees as hereinafter provided for.
~ Permit and Inspection fees for new entrance services
~, in new buildings or new entrance services in re-
~ modeled buildings shall be $8.00. There shall be
n additional fee of 10¢ for each opening installed
plus $1.00 for each 220 volt circuit. There shall
~ e a minimum permit fee of $2.50 plus 10¢ for each
opening.
E. In case the Superintendent of the Electric Department
is required to make more than one trip from his office
for the purpose of inspecting any work on account of
violation of rule, wrong address, or any other ir-
regularities caused by the JourneYman Electrician
or his agents, a charge of $2.50 shall be made for
each additional trip.
F. On installations where several persons are concerned
with the installation of electric conductors or ap-
pliances, each party shall be required to pay the fees
as established for such work.
G. Rough inspection. Before any interior electrical
wiring shall be concealed from view, or in case said
wiring is in conduit, before said conduits shall be
concealed from view, the person, firm or corporation
installing same shall give a written notice to the
Superintendent of the Electric Department, who shall,
as soon as possible after the receipt of said notice,
inspect said work, and no such work shall be concealed
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from view before the expiration of twenty-four (24)

hours from the receipt of said notice, unless the
Superintendent of the Electric Department or his
authorized assistant shall make his inspection and
approve said work, before the expiration of the
said twenty-four (24) hours.
H. Final inspection. Before any electrical current
shall be used upon any electrical wiring, of any
character, written notice shall be served upon the
Superintendent of the Electric Department, who
shall as soon as possible, make a final inspection
of said wiring, and if said installation has been
constructed in accordance with the rules and require-
ments of this ordinance, he shall issue a certificate
of inspection, which shall contain a general descrip-
tion of the installation, and the date of said in-
spection. No current shall be used prior to the
issuance of said certificate provided that said
Superintendent of the Electric Department may issue
a temporary permit for the use of electrical current
during the course of construction or alteration of
building.
I. This ordinance shall not be construed to relieve
from or lessen the responsibilities of any person,
firm or corporation owning, operating or installing
electrical wires, appliances, apparatus, construc-
tion or equipment, for the damage to property or
persons injured by any defect therein, nor shall
the City or any agent thereof be deemed to assume
any such liability by reason of the inspection
authorized herein or the certificate of inspection
issued by the Superintendent of the Electric
Department.
J. Temporary Service: There shall be a pole securely
set in the ground, pole to be of sufficient height
to support the service drop, a minimum of ten (10)
feet above ground. Provide meter base, mimimum,
conduit size one (1) inch, minimum wire size No.6,
and weather head. Equipped with fused disconnect
switch and grounding type receptacle. Entire system
to be assembled in conduit and grounded, on private
property.
SECTION 18.
A. It shall be unlawful for any person, firm or corpor-
ation operating in the City of Mountain Home to fur-
nish current to any new building, tent, structure
or out-door wiring of any kind, nature or descrip-
tion, without first obtaining a clearance from the
Superintendent of the Electric Department, stating
that such wiring is approved and a permit has been
issued for the use of current.
B. The said Superintendent of the Electric Department
is hereby authorized and empowered to cause the
turning off of all electric current from all out-
door conductors or apparatus which are deemed by
him to be in an unsafe condition or which have not
been installed in conformity with the provisions of
this ordinance. No person, firm or corporation,
or agent thereof shall supply or cause to be sup-
plied any electric current to conductors or apparatus
which have been deemed by said Superintendent of the
Electric Department to be in unsafe condition or
which have not been installed in conformity with the
provisions of this ordinance and from which the said
Superintendent of the Electric Department has caused
the electric current to be turned off.
C. It shall be unlawful for any person to break or destroy
electric street lights, owned or operated by the City
of Mountain Home, Arkansas, within its corporate limits.
-11-
SECTION 19.
Any person violating any of the provisions of this ordinance,
shall upon conviction thereof, be deemed guilty of a misdemeanor
and shall be fined not less than Twenty-five Dollars ($25.00) nor
more than One Hundred Dollars ($100.00) and each day of such vio-
lation shall constitute a separate offense.
SECTION 20.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional or
otherwise invalid, such unconstitutionality or invalidity shall
not affect the remainder of this ordinance; and that all ordi-
nances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 21.
That new construction in the City of Mountain Home is rapidly
increasing, and there is inadequate protection furnished the gen-
eral public concerning electrical wiring in such construction. It
is common knowledge that inferior work upon electrical wiring re-
sults in fires, loss of life and property, and general inconvenience,
and unless the provisions of this ordinance are placed into effect
immediately, the public peace, health and safety will be adversely
affected, therefore an emergency is hereby declared to exist and
this ordinance shall be in full force and effect from and after
its passage and approval.
SECTION 22.
The 1975 National Electric Code as set out by the National
Fire Prevention Association, as amended from time to time, is
hereby adopted by reference and incorporated as if fully set out
herein in conjunction with revisions made by this ordinance as
herein set out.
SECTION 23.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed, including, but not limited to, Ordinance No.
158, 219, and 242.
PASSED AND APPROVED this 3rd day of March, 1975.
Mayor Robert H. Dust
ATTEST:
/ '
Electrical Ordinance
ORDINANCE NO. 426
AN ORDINANCE CREATING THE OFFICE OF PLUMBING

INSPECTOR, GOVERNING THE CONSTRUCTION, INSTALLA-
TION AND INSPECTION OF PLUMBING, AND OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS.
SECTION 1. Definitions. Plumbing for the purposes of this

ordinance is hereby defined as follows:
a. All piping, fixtures, appliances and appurtenances in

connection with the water supply and drainage systems within a
building and to a point from three to five feet outside of the
building.
b. The construction and connection of any drain or waste

pipe carrying domestic sewage from a point within three to five
feet outside of the foundation walls of any building with the sewer
service lateral or other disposal terminal, including private domes-
tic sewage treatment and disposal system and the alteration of any
such system, drain or waste pipe, except minor repairs to faucets,
valves, pipes, appliances and removing of' stoppages.
c. The water service piping from a point within three to five

feet outside of the foundation walls of any building to the water
meter or other water utility property or other terminal and the
connecting of domestic hot water storage tanks, water softeners,
and water heaters with the water supply system.
d. Water pressure systems other than public utility systems.
e. A plumbing and drainage system so designed and vent piping

so installed, as to keep the air within the system in free circula-
tion and movement, and to prevent with a margin of safety unequal
air pressures of such force as might blow, siphon or affect trap
seals or retard the discharge from plumbing fixtures, or permit
sewer air to escape into the building.
SECTION 2. State Code. The provisions and regulations of the

Arkansas State Plumbing Code, and amendments thereto, adopted by the
State Board of Health of Arkansas are hereby made a part of this
ordinance by reference, three certified copies of which shall be on
file in the office of the City Clerk, and shall extend over and
govern the installation of all plumbing installed, altered or re-
paired in the City of Mountain Home, Arkansas.
SECTION 3. Inspection and Supervision.
a. There is hereby created the position of Plumbing Inspector

who shall be appointed by the Mayor, subject to the confirmation of
the City Council.
b. The Plumbing Inspector shall have experience in the busi-

ness of plumbing to the extent that enables him to know when plumb-
ing is installed in accordance with the provisions of the Code. He
shall not be connected in any way with any person, firm or corpora-
tion directly or indrectly engaged in the business of plumbing, or
plumbing supplies.
c. It shall be the duty of the Plumbing Inspector to enforce

all provisions of this ordinance and the Plumbing 1mspector is hereby
granted the authority to enter all buildings in the City of Mountain
Home, Arkansas, in the performance of his duties between the hours of
8:00 a.m. and 5:00 p.m. daily. The Plumbing Inspector shall issue
permits for plumbing work as herein provided and shall prepare suitable
forms for applications, permits and other reports.
d. It shall be the duty of the Plumbing Inspector to inspect

and test all plumbing work for compliance, with the Code.
-2-
SECTION 4. Applications, Permits.
a. Before beginning any plumbing work in the City of Mountain

Home, the person installing same shall apply to the Plumbing In-
spector, or other designated official, and obtain a permit to do
such work. Only those persons authorized to do plumbing may be
issued permits. A permit may be issued to a property owner to
install plumbing in a single family residence provided the prop-
erty owner does the work himself and the building is owned and
occupied by such owner as his home.
b. Application for permits shall be made on suitable forms

provided by the Plumbing Inspector. The application shall be ac-
companied by fees in accordance with the following schedule:
Fee
Plumbing Inspection--------------------------- $ 8.00
Each plumbing fixture and waste discharging
device------------------------------------- .50
Each new or reconstructed sewer connection---- 20.00
Minimum fee----------~------------------------ 2.50
SECTION 5. Bond Required."" Every Master P'Lumber' d.o Lng busi-

ness in the City of Mountain Home shall execute and deliver to the
City a bond with a surety bonding company in the sum of $1,000 to
indemnify the City or any citizen for any damage caused by the
failure of such Master Plumber to comply strictly with the pro-
visions of this ordinance. No plumbing permit shall be issued
to any Master Plumber unless this bond has been delivered to the
City and is in full force and effect.
SECTION 6. Street Openings.
a. All openings made in the public streets or to install

plumbing must be made as carefully as possible and all materials
excavated from the trenches shall be removed or placed where the
least inconvenience to the public will be caused.
b. All openings must be replaced with S.B. 2 Material Base

or equal material.
c. After the plumbing work has been completed and the

trench refilled, all excess rubbish and material shall be re-
moved, leaving the street or sidewalk clean.
SECTION 7. Penalties. Any person, firm or corporation

found guilty of violating any of the provisions of this ordinance
shall be subject to a fine of not less than ten dollars ($10.00)
nor more than one hundred dollars ($100.00) together with the costs
of such prosecution, or by imprisonment. Each day during which vio-
lation continues shall be a separate offense.
SECTION 8. Conflicting Ordinances Repealed. All ordinances

or parts of ordinances conflicting with any of the provisions of
this ordinance are hereby repealed.
SECTION 9. This ordinance being for the regulation of plumbing

and for the protection of the public, the provisions hereof are de-
clared to be separable, and the invalidity of any clause, sentence,
paragraph or section hereof shall not affect the validity of the
remainder of this ordinance.
SECTION 10. Effective Date. This ordinance shall be in full

force and effect from and after its passage and publication as re-
quired in the Arkansas Statutes.
PASSED AND APPROVED this the 3rd ~of March, 1975.
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APPROVED:/
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ATTEST: Mayor RobertH. Dust
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Plumbing Ordinance
ORDINANCE NO. 427
AN ORDINANCE AMENDING ORDINANCE NO. 243 FOR THE ADOPTION

OF THE PROVISIONS OF THE ONE AND TWO FAMILY DWELLING CODE
UNDER THE NATIONALLY RECOGNIZED MODEL CODES, 1971 EDITION,
AND ADOPTING ALL AMENDMENTS TO THE 1969 SOUTHERN STANDARD
BUILDING CODE.
WHEREAS, the City Council of Mountain Home, Arkansas, has

determined that it is necessary to add Sections 2 and 3 to Ordinance
No. 243; and
WHEREAS, it would be in the best interest of the citizens of
Mountain Home, Arkansas, if Sections 2 and 3 were added to Ordinance
No. 243; and
OF MOUNTAIN HOME, ARKANSAS:
That Sections 2 and 3 of Ordinance No. 243 are hereby added,
as follows:
VlSECTION2.
That the building code for One and Two Family Dwellings
prepared and accepted by the Nationally Recognized Model Codes,
dated 1971, of which not less than three copies have been filed
in the Office of the City Clerk of Mountain Home, Arkansas, and
the same is hereby adopted and incorporated as fully as if set
out in length herein, word for word, and from the date on which
this ordinance shall take effect the provisions thereof shall
be controlling in the matter regulated thereby within the cor-
porate limits of Mountain Home, Arkansas."
"SECTION 3.
That all amendments to the 1969 Southern Standard Building
Code as set out in Ordinance No. 243 are hereby adopted."
Sections 2 and 3 of Ordinance No. 243 shall be added to Ordinance

No. 243 as set forth by the section above, and this Ordinance being
necessary for the health, safety, and welfare of the citizens of the
City of Mountain Home, Arkansas, an emergency is hereby declared to
exist and this Ordinance shall be in full force and effect from and
after its passage.
PASSED AND APPROVED this the 3rd day of March, 1975.
APPROVED:
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Mayor Robert H. Dust
ATTEST:
One and Two Family Dwelling Code Ordinance

ORDINANCE NO. 428
AN ORDINANCE AMENDING ORDINANCES NO. 2 AND 3 AND REPEALING

ORDINANCE NO. 5 AND CREATING AND ESTABLISHING A POLICE DEPARTMENT.
WHEREAS, the City Council of Mountain Home, Arkansas, on

July 2, 1888, passed Ordinance No.2, a part of which created the
Office of Town Marshall; and Ordinance No.3, which allowed for
the appointment of the Town Marshall; and Ordinance No. 5 which
stated the duties and the qualifications of the Town Marshall; and
WHEREAS, the City Council of the City of Mountain Home,

Arkansas, deems it in the best interest of the City of Mountain
Home that the City establish a Police Department in order to pro-
vide more adequate law enforcement for the City; and
WHEREAS, the City Marshall has submitted his resignation ef-

fective April 21, 1975; and
WHEREAS, on such date the City will have no official police

protection within the city; now
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

Section 1. That the part of Section 1 of Ordinance No. 2

which created the Office of Town Marshall is hereby amended ef-
fective April 21, 1975, whereby the Office of Town Marshall is
abolished;
Section 2. That the part of Section 1 of Ordinance No. 3

which allowed for the appointment of Town Marshall is hereby
amended effective April 21, 1975.
Section 3. That Ordinance No. 5 is hereby repealed.
Section 4. That a Police Department be organized under the

general supervision of the Mayor and the City Council.
Section 5. That all officers appointed by virtue of this

Ordinance shall take the usual oath of office prescribed by the
Constitutiom of the State of Arkansas, which oath shall be made
in writing and filed with the City Clerk or Recorder.
Section 6. That the Mayor shall be charged with the respon-

sibility of appointing a Police Chief and recommending to the
Council such other officers as he deems necessary from time to
time for their approval, for the purpose of providing adequate
law enforcement for the City of Mountain Home, Arkansas. All
ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. The number of subordinane officers of the police

department shall be eight.
Section 8. It shall be the duty of all officers appointed

hereunder to quell disturbances, preserve the peace, and to gen-
erally enforce the law of the State of Arkansas, and of the City
of Mountain Home, and to make such arrest as appear to be neces-
sary in carrying out their duties.
Section 9. This ordinance being necessary for the preserva-

tion of the peace, health and safety of the citizens of the City
of Mountain Home, Arkansas, an emergency is hereby declared to
exist, and this ordinance shall be in full force and effect from
PASSED AND APPROVED this 21st
ATTEST: H. Dust, Mayor
c:5?enL/~~
ESTABLISHING pnLICE DEPARTHENT
ORDINANCE NO. 429
AN ORDINANCE AMENDING ORDINANCE #426 CREATING THE

OFFICE OF PLUMBING INSPECTOR, GOVERNING THE CONSTRUC-
TION, INSTALLATION AND INSPECTION OF PLUMBING, AND
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME,

ARKANSAS:
Section 1. That Section 1(b) shall be and hereby is
The construction and connection of any drain or waste
pipe carrying domestic sewage, or potable water, from a point
within three to five feet outside of the foundation walls of
any building with the sewer service lateral or other disposal
terminal, including private domestic sewage treatment and dis-
posal system and the alteration of any such system, drain or
waste pipe, and those engaged in the business of minor repairs
to faucets, valves, pipes, appliances and removing of stoppages
be required to be licensed by the City of Mountain Home, Arkansas,
upon passing a proficiency examination and further that a bond be
required to be posted with the City of Mountain Home, Arkansas.
Section 2. That Section 2 A(1) be added to this ordinance,
to read as follows:
Material Usage. The sewer pipe from the house to the main,
or septic tank, shall be cast iron (service weight), Schedule 40
plastic or better, in maximum of 10 foot lengths per joint.
Section 3. All ordinances or parts of ordinances conflicting
with any of the provisions of this ordinance are hereby repealed.
Section 4. That this ordinance being necessary to protect
the public health, safety and welfare of the residents of the City
of Mountain Home, Arkansas, an emergency is hereby delcared to
exist, and this ordinance shall be in full force and effect from
PASSED AND APPROVED this 21st day of April, 1975.
"-../
-Robert H. Dust, Mayor
ATTEST:
Amendment to Plumbing Ordinance

ORDINANCE NO. 430
AN ORDINANCE ESTABLISHING A RETIREMENT PLAN FOR CERTAIN

EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF MOUNTAIN
HOME, ARKANSAS.
WHEREAS, the City of Mountain Home has provid~d no retirement

plan for certain employees, and it is desirable and in the best
interest of the City and its employees that it establish a retire-
ment plan for certain employees of the City; and
WHEREAS, a retirement plan has been drafted and presented to
the City Council which has reviewed said plan and approved it; and
WHEREAS, the City of Mountain Home has legal authority for
the adoption of said plan under Section 19-908 of the Statutes of
the State of Arkansas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the
City of Mountain Home, Arkansas, as follows:
SECTION 1. The City of Mountain Home hereby establishes a
retirement plan for certain employees and elected officials who
have been employed by the City with one year or more of continuous
employment.
SECTION 2. The plan shall be as follows: The City of Mountain
Home shall withhold from the participating employees or City of-
ficials at the rate of three percent (3%) of gross wages, and the
City shall contribute to the plan for each participating employee
or elected official at the rate of five percent (5%) of gross
wages, said amounts to be deducted at each and every pay period.
SECTION 3. An employee who terminates employment or is ter-
minated with the City of Mountain Home after completing less than
five years of service with the City will receive all of what he
has contributed to this plan and nothing of what the City has con-
tributed. Then, after five years of service, an employee shall
draw out of the City1s share according to the following schedule:
At 5 but less than 6 years 25%

At 15 or more 100%
SECTION 4. All employees or elected officials who elect to
participate in this plan will be given credit for prior years of
service with the City of Mountain Home, in the event they should
terminate or be terminated prior to retirement.
-2-
SECTION 5. The Mayor and the City Clerk of Mountain Home are
hereby authorized to enter into an agreement with the Travelers
Insurance Company to administer said plan and to execute all neces-
sary documents and instruments ®n behalf of the City that may be
required to effectuate said agreement and the plan herein adopted.
SECTION 6. Said retirement plan shall be effective as of
May 5, 1975.
SECTION 7. If any part or parts, sections or subdivisions
of this ordinance shall be held to be unconstitutional or invalid,
such invalidity shall not affect the validity of the remallining
portions of this ordinance.
SECTION 8. WHEREAS, this ordinance being necessary for the
preservation of the best interests of the City of Mountain Home
and its employees, an emergency is hereby declared to exist and
this ordinance shall be in effect upon and from its passage.
PASSED AND APPROVED this 5th day of May, 1975.
-./
Xobert Mayor
ATTEST:
Penelope R. Feist, City Clerk
Employee Retirement Program

\
ORDINANCE NO. 431
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A SANITA-

TION DEPARTMENT IN THE CITY OF MOUNTAIN HOME, ARKANSAS,
AND PROVIDING FOR THE COLLECTION OF GARBAGE, WASTE, TRASH
AND REFUSE IN SAID CITY AND PROVIDING FOR THE INSPECTION
OR PREMISES, PROVIDING PENALTIES, AND PROVIDING FOR THE
COLLECTION AND DISPOSITION OF SAID GARBAGE AND REFUSE AND
THE DISPOSITION OF ANY SURPLUS FEES COLLECTED HEREUNDER,
AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND
FOR OTHER PURPOSES.
WHEREAS, accumulation of garbage and refuse for long periods

of time create unsanitary conditions within the City of Mountain
Home;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the
SECTION 1. From and after the passage, approval and publica-
tion of this ordinance, all garbage, waste, tin cans, trash and
refuse in the City of Mountain Home shall be collected as desig-
nated by the City Council with the passage of a resolution, and
no other person, firm or corporation shall be allowed to collect
said garbage, waste, trash and refuse, except as designated by the
City Council with the passage of a resolution.
SECTION 2. Any person, firm or corporation violating the pro-
visions of Section 1 shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than $50.00 nor more than
$500.00 and each day that such person is found guilty of collecting
and hauling such garbage, waste, tin cans, trash and refuse for
another shall be deemed a separate offense (unless sold by
Retailer).
SECTION 3. Definitions. The following terms, as defined here-
in, shall mean the following:
a. Refuse. The term "refuse" shall mean refuse,
garbage, trash, rubbish, debris of any nature, including,
without limitation, food waste, rejected animal or vege-
table matter (whether or not intended for or resulting frIDID
the preparation of food), paper, clothing, grass, leaves,
ashes, tin cans, bottles and solid waste of any nature
whatsoever.
b. Residential Refuse. The term "residential refuse"
shall include any refuse generated by occupants of houses,
buildings and premises used exclusively for residential
purposes.
c. Commercial Refuse. The term "commercial refuse"
shall include any refuse generated as a by-product of any
commercial and industrial operation.
d. Commissioner. The term "Commissioner shall mean
-2-
the person occupying the top managerial position of the

system (Council Member).
SECTION 4. Plastic Bags and Containers. Every residential
user shall utilize plastic bags or containers of sufficient size,
strength and number to hold the refuse which accumulates on the
premises. Commercial customers shall use metal and/or plastic con-
tainers of their own choice no more than fifty pounds each and no
more than two containers per pick-up.
SECTION 5. Specifications. The total weight of any contents
e£ a container shall not exceed fifty pounds.
SECTION 6. No pick ups or hauling of refuse shall be made ex-
cept by authorized vehicles; exc~pt that large bulk leads such as
refrigerators, trees, etc., may be hauled to dump grounds by indi-
vidual owners or contractors. Authorized vehicles shall be those
as to which the owner has a written contract with the City.
SECTION 7. Pick up crews shall not be required to pick up any
loose refuse, except that caused by their own negligence.
SECTION 8. It shall be unlawful for any person, other than one
legally authorized to do so, to remove, displace, injure, deface, de-
stroy, uncover or :in any manner move or disturb any solid waste re-
ceptacle or in any manner withdraw or disturb any part or portion of
the contents thereof.
SECTION 9. All broken glass and other sharp objects shall be
wrapped in paper or other material to prevent punching holes in the
bags.
SECTION 10. All residential refuse shall be placed in piastic
bags and/or containers; however, limbs not over two inches in diameter
and not more than six feet in length, may be tied in bundles of not
more than two feet in diameter.
SECTION 11. No person shall dump, or allow to accumulate, either
directly or through an employee, agent or licensee, any refuse in or
upon any street, sidewalk, park or other public place, vacant lot or
other vacant space, or in or upon any premises, waterway, drainage
basin or sewer within the City. Any person, firm or corporation vio-
lating the provisions of this section shall be deemed guilty of a mis-
demeanor and upon conviction thereof in the municipal court of the City
of Mountain Home, Arkansas, shall be punished by a fine of not less
than $50.00, nor more than $500.00, and each and every day of said
violation shall be deemed a separate offense.
SECTION 12. The occupant of all structures within the City of
Mountain Home, Arkansas, whether or not said structure be used for
residential, business, industrial, commercial or other use, shall
use the refuse pick-up services provided for by this Ordinance and
pay the charges specified by the Resolution fixing the rates for such
services and amendments thereto. Any person, firm or corporation
violating the provisions of this section shall be deemed guilty of
a misdemeanor and upon conviction thereof in the municipal court of
-3-
the City of Mountain Home, Arkansas, shall be punished by a fine

of not less than $10.00 nor more than $50.00, and each and every
day of said violation shall be deemed a separate offense.
SECTION 13. All trash pick-up points and containers shall
be kept in a neat and sanitary condition.
SECTION 14. All plastic bags placed for collection shall
be tied with wire tie closures or their equivalent before being
placed at a location for pick up.
SECTION 15. Cardboard boxes may be placed for residential
collection in bundles, provided they are flattened and securely
tied. Bundles shall be of such size as to be easily handled by
one man and the bundles shall not exceed fifty pounds in weight
or maximum dimensions of four feet square.
SECTION 16. All waste materials, such as pesticides, acids,
caustics, pathological waste, radioactive materials, ammunition,
explosive materials, similar chemicals and harmful wastes which
require special handling and disposal to protect and conserve the
environment and disposal equipment shall be disposed of as pro-
vided by the regulations of the agencies of the United States
and the State of Arkansas.
SECTION 17. The City may place trash receptacles upon the
sidewalks and in the paFks and other places for the reception of
trash, and it shall be unlawful for any unauthorized persons to
tamper with, damage or deface any public trash receptacle for
solid waste in the City. Any person violating the provisions of
this section shall be deemed guilty of a misdemeanor and upon
conviction shall be fined in any sum not to exceed $100.00.
SECTION 18. The Council shall have the right to designate
and employ some person, or designate any officer of the City, or
any person in its employ, who shall make regular inspections of
all premises, alleys, vacant lots, and/or properties in the City,
who shall have the power, and is hereby empowered to order the
owner of lots and other real property within the City of Mountain
Home to remove garbage, rubbish and other unsightly and unsanitary
articles and things upon said property; and to eliminate, fill up
or remove stagnant pools of water or other unsanitary thing, place
or condition which might become a breeding place of mosquitoes,
flies and germs harmful to the health of the community or City.
SECTION 19. If the owner of any lot or other real property
within the City shall neglect or refuse to remove, abate or elimi-
nate any such conditions or condition, as contained in the pre-
ceeding paragraph, after notice is given in accordance with Sec-
tion 20 of this ordinance, and the time required under such notice
has expired, then the City is hereby authorized to do whatever is
necessary to correct said condition and to charge the reasonable
costs thereof to the owner or owners of said lot, lots
-4-
or other real property, and the City is hereby given a lien against
such property for such costs.
SECTION 20. The notice required in Section 19 shall be given
in the same manner and form as in cases requiring notice to non-
resident defendants in circuit court cases in the State of Arkansas.
SECTION 21. In addition thereto, any person, firm or corporation
failing to obey the notice, hereinabove referred to in Section 20,
shall be deemed guilty of a misdemeanor and upon conviction shall be
fined a sum not to exceed $10.00.
SECTION 22. Any person, firm or corporation who shall permit
garbage, tin cans, broken glass, bottles, trash, rubbish or refuse
to accumulate on their premises, except for the purpose of facilitating
the collection of same by the garbage collector, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine of not
less than $1.00 nor more than $20.00, and each day such accumulation of
garbage and refuse is permitted to remain on said premises shall con-
stitute a separate offense.
SECTION 23. If the person, firm or corporation who is authorized
to pick up refuse does not pick up the refuse within twenty-four (24)
hours from the time of regularly scheduled pick-up, the person, firm
or corporation shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not less than $1.00
nor more than $5.00, and each and every day shall constitute a separate
offense.
SECTION 24. If the person,firm or corporation who is authorized
to pick up refuse damages containers or does not return containers to
the placB they were picked up from, the person, firm or corporation
shall be deemed guilty of a-misdemeanor and upon conviction thereof
shall be punished by a fine of not less than $1.00 nor more than $5.00.
SECTION 25. It is distinctly provided that this ordinance does
not in any way obligate the party awarded the contract to clean or pick
up refuse or debris resulting from construction, nor wood nor limbs re-
sulting from removal of trees on private property.
SECTION 26. The City Council shall have the power to reduce or ~
increase the fees listed in the ResolutionLfixing the rates for garbage
pick up services.
SECTION 27. If any person is too poor to pay the fee listed for
said service and has no means of his own whereby he can remove his
garbage and refuse, the City Council may relieve such person or per-
sons from such paYments, provided such person shall file an affidavit,
properly sworn to, embodying such facts, giving a list of his property
and the amount of income, if any, received by such person, and file
same with the Mayor of the City.
SECTION 28. Any person, firm or corporation violating any of
the provisions of this ordinance, excepting where penalties are other-
wise stated, shall be deeme~ upon conviction thereof in the MuniCipal
Court of the City of Mountain Home, Arkansas, guilty of a misdemeanor
-5-
and shall be punished by a fine of not less than $10.00 nor more
than $50.00, and each and every day of said violation shall be
SECTION 29. If any part or parts, sections or subdivisions
of this ordinance shall be held to be unconstitutional or invalid,
such invalidity shall not affect the validity of the remaining
portions of this ordinance.
SECTION 30. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 31. Whereas, it is necessary to make proper precau-
tion and regulation for collection of garbage, tin cans, trash and
refuse, the proper collection of same is necessary for the pro-
tection of the residents of Mountain Home, an emergency is hereby
declared to exist, and this ordinance is found to be necessary for
the immediate preservation of the public peace, health and safety
of said residents, and this ordinance so far as it applies to
business houses, shall be in full force and effect as soon after
its passage, approval and publication as the provisions herein
required can be executed and operation thereunder begun. The pro-
visions applying to residential areas shall become effective with
the passage of this ordinance.
ATTEST:
, I
Garbage Ordinance
ORDINANCE NO. 432
AN ORDINANCE CREATING A BEAUTIFICATION COMMISSION FOR THE

CITY OF MOUNTAIN HOME, ARKANSAS, AND PRESCRIBING THE DUTIES
AND POWERS THEREOF.
WHEREAS, there is an immediate need within the City of Mountain

Home, Arkansas, for the beautification of the city. The City Council
of the City of Mountain Home, Arkansas, desires to coordinate the
beautification of the City of Mountain Home, Arkansas.

SECTION 1. There is hereby created a beautification commission of

the City of Mountain Home, Arkansas; which shall be composed of five (5)
subordinate members, as designated below, plus a chairman.
SECTION 2. The five (5) members of the Beautification Commission

of the City of Mountain Home, Arkansas, shall be nominated by an alderman
and approved by the majority vote of the City Council.
SECTION 3. The above five members of th~s commission shall be ap-

pointed to terms of one, two, three, four and five years, so that one
commissioner's term will expire each year. Terms of office of members
thereafter shall be for a term of five (5) years. All vacancies shall
be filled for the unexpired term of the member whose office is vacant
in the same manner as such member received the original appointment.
SECTION 4. The above five members shall be selected with the

following qualifications:
A. One member shall be selected from each of the wards

of the City of Mountain Home, Arkansas.
B. One member shall be selected on an at large basis.
SECTION 5. One member of the City Council shall be nominated by

an alderman for the position of Chairman of this commission and shall
be approved by the majority of the City Council. The Chairman shall
serve during his term of office on the City Council.
SECTION 6. All six members of the Beautification Commission of

the City of Mountain Home, Arkansas, shall serve without compensation,
but may be reimbursed for their actual expenses incurred while on
official business of the commission which had prior approval of the
City Council.
SECTION 7. The Commission is an advisory commission to the City

Council of Mountain Home, Arkansas, and has no authority or power to
contract or in any way or manner, whatsoever, to obligate the City of
SECTION 8. The Chairman has the full power to direct the actions
of the members of this commission, to call meetings in any manner, and
to report to the City Council at appropriate times, or at the Council's
request.
SECTION 9. The Commission, through the Chairman, shall be charged

with the responsibility of advising the City Council of the City of
Mountain Home, Arkansas, on how to meet the desired improvements for
the beautification of the City of Mountain Home, Arkansas.
SECTION 10. If any part, or parts, sections, or subdivision of

this ordinance shall be held unconstitutional or invalid, such invalidity _
shall not affect the validity of the remaining portions of this ordinance.

SECTION 12. WHEREAS, it is necessary for the health and
welfare of the people of Mountain Home, Arkansas, that a beauti-
fication commission be established, an emergency is hereby declared
to exist and this ordinance is found to be necessary for the immedi-
ate preservation of the public peace, health and safety of the
residents of Mountain Home, Arkansas, and this ordinance shall be
in full force and effect from as soon after its passage, approval
and publication. -
PASSED AND APPROVED this 1975.
ATTEST:
-~ -,
'-----;<t:)?Z( /i~.~}(;:;;(~~- (d/t
I
Ci ty Clerk P-enelope R. Feist
CREATING BEAUTIFICATION COMMISSION

ORDINANCE NO. 433
ORDINANCE PROVIDING FOR THE ZONING OF PROPERTY WITHIN THE

CITY OF MOUNTAIN HOME, ARKANSAS, ESTABLISHING TYPES OF USES
OF PROPERTY TO BE ALLOWED IN THE VARIOUS ZONES, ADOPTING A
ZONING MAP, REPEALING ORDINANCES IN CONFLICT HEREWITH; AND
FOR OTHER PURPOSES.
WHEREAS, the City Council of Mountain Home, Arkansas, has

determined that it is necessary to amend the Zoning Ordinance of
Mountain Home, Arkansas, as adopted by reference in Ordinance No.
296;
WHEREAS, it would be in the best interest of the citizens of

Mountain Home, Arkansas, if the following sections were amended,
to-wit:
A) Article 3-1--B-7
B) Article 3-1--B-8
C) Article 3-1--E-2
u) Article 3~3--B-3
E) Article 5-3

-CITY OF MOUNTAIN HOME, ARKANSAS, that the following sections be
amended as follows:
A) Article 3-1--BQ7 is hereby deleted.

B) Article 3-1--B-8 shall now read: "Accessory buildings:
Minimum of 10 feet from the rear and side yard except street, except
non-permanent structures minimum of 5 feet from the rear and side
yard; then 30 feet from all street property lines or 55 feet from
center of street, whichever is greater." (This allows temporary
buildings, such as Cole-Bilt, closer than the 10 feet from the rear
and side property lines.)
C) Article 3-1--E-2 is hereby deleted.
D) Article 3-3--B-3 shall now read: "Rear yard: 20 feet
measured from rear lot line, or center of alley if one exists.1I
E) Article 5-3 is hereby deleted.
The following sections shall be amended as set forth by the

sections above, to-wit:
A) Article 3~1--B-7
B) Article 3-1--B-8
C) Article 3-1--E-2
D) Article 3-3--B-3'
E) Article 5-3
PASSED AND APPROVED this 18th day of August, 1975.

A.PFRoVE :
(~
/ Mayor Robert H. Dust
ATTEST:
Ordinance
ORDINANCE NO. 434
AN ORDINANCE FIXING THE AMOUNT OF LICENSE THAT ANY PERSON,

FIRM, ASSOCIATION, OR CORPORATION SHALL PAY FOR THE PRIVI-
LEGE OF ENGAGING IN,C~RYINGaN,9:t'tiFOLLOWING ANY. SUCH
TRADE, BUSINESS, PROFESSION~ VOCATION, OR CALLING WITHIN
THE CORPORATE LIMITS OF THE CITY OF MOUNTAIN HOME, BAXTER
COUNTY, ARKANSAS, AND PROVIDING THE MANNER AND MEANS OF
COLLECTING SAID LICENSE AND PRESCRIBING PENALTIES FOR
VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, BAXTER

COUNTY, ARKANSAS, IN REGULAR SESSION ASSEMBLED:
SECTION 1. That any person, firm, association, or corporation
engaged in any trade, business, profession, vocation, or calling,
which conducts business, or any act incidental thereto, or performs
any business within the corporate limits of the City of Mountain
Home, Baxter County, Arkansas, shall procure a business license
from the City Clerk and/or Recorder, or its designa,te9..
agent, @f
SECTION 2. Said license shall be required for a period of one
year commencing on January 1, 1976, and ending on December 31, 1976,
and for every year thereafter.
SECTION 3. Any person, firm, association, or corporation shall
procure said license and pay the tax required within thirty days of
the date of_January 1. Or in the event of a person, firm, associa-
tion or corporation entering into a new trade, business, profession,
vocation or calling, said new entity shall procure the license and
pay the tax required within thirty days from the date that business
is commended. The tax on the new business shall be computed pro-
rata on a 365 day year.
All of the above fees may be paid in semi-annual installments
with one-half (t) of said fee to be paid on or before January 31,
and the balance on or before July 31, of that year.
Any person, firm, association, or corporation not complying
with this section and this ordinance shall pe guilty Of a misdemeanor
and upon conviction thereof in the Municipal Court of said city shall
be fined in the sum of twice the amount of the tax, plus the cost of
collection.
SECTION 4. Each person, firm, association or corporation en-
gaged in any trade, business, profession, vocation or calling with-
in the corporate limits of the City of Mountain Home, Baxter County,
Arkansas, shall be required to procure a business license and pay
the tax required composed of a minimum fee plus an amount per square
f@otage of area used for business purposes, regardless of whether or
not said area is used for display, storage, sales area, or for rent
or lease, as stated in Section 5 of this ordinance.
SECTION 5.
A. The minimum fee for said business license shall ~eTwenty
Dollars ($20.00).
-2-
B. The amount per square footage for said business license

shall be $.0075 times the number of square feet.
SECTION 6. All customer parking, driveways, and vacant unim-
proved land are not to be considered as business property for pur-
poses of computing the tax under this ordinance.
SECTION 7. The leasing of any properties, consisting of three
(3) or more rental units, by any person, firm, association or corpora-
tion as a landlord to any other person, firm, association or corpora-
tion as a Lessee shall constitute the act of conducting business under
this ordinance, and said Lessor shall be subject to the tax and license
prescribed in this ordinance.
SECTION 8. Each person, firm, association or corporation engaged
in any trade, business, profession, vocation or calling within the cor-
porate limits of the City of Mountain Home, Baxter County, Arkansas,
shall, as of the first Tuesday in December of each year, determine the
number of square footage used for business purposes as defined under
this ordinance and compute and pay, at the appropriate time, the tax
thereon. Said computations are subject to the review and approval or
disapproval of the City Inspector. Any person, firm, association or
corporation which does not in good faith cIDmply with this section shall
be subject to the penalties prescribed in Section 3 of this ordinance.
SECTION 9. Any person, firm, association or corporation engaged
in any trade, business, profession, vocation or calling operating the
same out of his principal dwelling house shall be charged a tax con-
sisting of the minimum fee only.
SECTION 10. Any person, firm, association or corporation, which
has no office located within the corporate limits of the City of Mountain
Home, Baxter County, Arkansas, engaged in any trade, business, profes-
sion, vocation or calling who shall perform over three (3) transactions
of business within one (1) year within the corporate limits of the City
of Mountain Home, Baxter County, Arkansas, shall procure a business
license and pay the tax required, at the minimum fee, unless it shall
possess a valid business license in the City where its main office is
located.
SECTION 11. Any person, firm, association or corporation engaged
in more than one of the trades, businesses, professions, vocations or
callings within the corporate limits of the City of Mountain Home,
Baxter County, Arkansas, shall procure one business license and pay
one minimum fee plus the amount required for square footage.
SECTION 12. Any endeavor which has gross revenues of less than
Three Thousand Dollars ($3,000.00) per calendar year shall be con-
clusively deemed as a hobby for the purposeof this ordinance.
SECTION 13. If any person, firm, association or corporation
shall sell, $~n~fer, or assign all of his or its interest to any
other person, firm, association or corporation, said business license
can be transferred to the new owner by written assignment of said tax,
signed by the former owner of said license, and placed on or attached
to said license, and by notifying the City Clerk in writing of said
-3-
transfer in order that the City can adjust its records accordingly.
SECTION 14. If any section of this ordinance should be held
unconstitutional, that ruling shall in no way impair the validity
of the remaining parts of this ordinance.
SECTION 15. All ordinances or parts of ordinances, or amend-
ments thereto, in conflict with this ordinance, are hereby repealed
as of January 1, 1976, including, but not limited to, Ordinance
Numbers 336, 341 and 418.
APPROVED:
ATTEST:
/
Business Licenses Ordinance

ORDINANCE NO. 435
AN ORDINANCE REZONING PROPERTY IN THE CITY OF MOUNTAIN HOME,

ARKANSAS.
WHEREAS, Dick Gonce claiming to be the owner of certain real

property hereinafter described has filed a Petition in writing,
praying that said property be rezoned from Residential (R-1) to
Commercial (C-3); and
to be heard and has ascertained that said Petition was signed by the
person owning the real property hereinafter described; and
the City of Mountain Home, Arkansas, and after a hearing before said
Commission on the 23rd day of September, 1975, an affirmative recom-
mendation was made for the property to be rezoned from Residential
(R-1) to Commercial (C-3); and
THEREFORE BE IT RESOLVED by the City Council of the City of
There is hereby rezoned from Residential (R-1) to Commercial
(C-3) the following described property located in Baxter County,
Arkansas, to-wit:
Lot No.6 and Lot No.7 of Block 2 of Gray's Addition

to the Town of Mountain Home, Arkansas, and part of an
adjoining strip of land North of said Lots, more par-
ticularly described as follows: Beginning in the NE
Corner of Lot 6 in Block 2 of Gray's Addition to the
Town of Mountain Home, Arkansas, and run North 74° 24'
West along the Northern boundary of Lots 6 and 7 af
said Block 2, 133.7 feet; thence in a Northwesterly
direction 25 ft; thence in a Southeasterly direction
in a line parallel with the Northern boundary of said
Lots 6 and 7, to a point at the Western Boundary of
Lot 3, which is 25 ft. North of NE Corner of Lot 6;
thence in a Southerly direction 25 ft. to the NE Corner
of said Lot 6 being the point of beginning, all of said
Lots are more commonly known as that land directly North
of the Army Corps of Engineers Building adjoining West
7th Street and addressed 321 West 7th Street.
PASSED AND APPROVED
/ Robert H. Dust, Mayor
ATTEST:
~ --~
- //) _(-/ILl ( -,:-::J~~~- ( . / . (
Rezoning of Dick Gonce Property

ORDINANCE NO. 436
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPEC~T TO

AREA REZONED.

HOME, ARKANSAS:
No. 163 on the posting of notice on subject property in accordance
with Ordinance No. 283; that a public hearing was held; that all
remonstrances were heard, after which the Planning Commission recom-
mended that all property described hereinafter be rezoned.
ARKANSAS:
and is hereby changed in zoning from Residential R-1 to Commercial
C-3.
Lot 1, Rolling Acres Subdivision of the City of Mountain
Home, as shown on the recorded plat thereof.
General location of the property: This property is located on
the Northeast corner of First and College Streets, fronting on the
East side of College Street and directly North of Dottie Williams
Accounting Service.
ENACTED THE 6th day of October, 1975, and declared effective
f~ I
lI!M~·
ATTEST:
/ / ~
Charles J. & Carol A. Larsen property

ORDINANCE NO. 437

AREA REZONED.

HOME, ARKANSAS:
That a proper petition was filed by property owners requesting
Commission ,of the City ofM-ountain Home, Arkansas; that notice of
paper having local circulation as required by Ordinance No. 163 on
the posting of notice on subject property in accordance with Ordi-
nance No 283; that a public hearing was held; that all remonstrances
were heard, after which the_ Plarming Commission recommended that all
"
property described hereinafter be rezoned.

ARKANSAS:
That the following real estate in Baxter County, Arkansas, be,
C-2:
The West 50 ft. of the SEt, Section 8 and part of the

swt swt, Sec. 9, Twp. 19 North, Range 13 West, described
as follows: From the SE corner of Section 8, go N. 50
deg. 36' 45" W. 250.91 feet to a point on the westerly
line of U. S. Highway #62; thence along same N. 22 deg.
39' E. 629.77 feet to a point of beginning; thence con-
tinuing along the westerly line of U.S. Highway#o2N.
23 deg. 35' E. 181.25 feet to the Southerly line of land
adjoining on the North; thence along same N. 58 deg. 30'
W. 269.25 feet to the Easterly line of land now or late
of Gregg Realty, Inc.;'thence along same S. 33 deg. 39'
30" W. 213.50 feet to th~._Northerly line of land now or
late of Holiday Inn; thence along same S. 65 deg. 23' 20"
E. 306.20 feet to the Westerly line of U.S. Highway #62,
being the point of beginning, containing 1.3 acres, more
or less.
ENACTED the 6th day of October, 1975, and declared effective

APPROVED:
/1
----, .,0 ./i /7
V / +.~<;;
~ / /v"kzV'lie (/ /l/0/e;~J
Mayor Pro-Tem
ATTEST:
/ /" oj
Penelope R. Feis~ City Clerk
Robert H. & Billie S. Dust Property

ORDINANCE NO. 438
AMENDMENT TO ORDINANCE NO. 428, AN ORDINANCE CREATING

AND ESTABLISHING A POLICE DEPARTMENT.
WHEREAS, on April 21, 1975, the City Council of the City of
Mountain Home, Arkansas, passed an ordinance which, in part, set
the number of subordinate officers of the Police Department; and
Arkansas, deems it in the best interest of the City of Mountain
Home, Arkansas, that Section 7 of this Ordinanc.e No. 428 be
amended, NOW
SECTION 1. That Section 7 of Ordinance No. 428 shall now: read
that the maximum number of subordinate officers of the Police Depart-
ment shall be fifteen.
SECTION 2. This ordinance being necessary for the immediate
preservation of the public peace, health and safety of the people
of the City of Mountain Home, Baxter County, Arkansas, an emergency
is hereby declared to exist and it shall be in full force and effect
APPRO:;:
/
( r:;t. ~
>A~.~~
'
,
Robert H. Dust, Mayor
ATTEST:
/ (
AMENDMENT TO POLICE DEPT. ORDINANCE

ORDINANCE NO. 439
AN ORDINANCE AMENDING ORDINANCE NO. 163, WITH RESPECT TO AREA

REZONED.

ARKANSAS:
having local circulation as required by Ordinance No. 163 on the
posting of notice on subject property in accordance with ordinance
heard, after which the Planning Commission recommended that all
ARKANSAS:
C-3.
Part of the NWi NWi Section 4, Township 19 North,

Range 13 West bounded and described as follows:
Beginning at the center of the County Road 35 rods

West of the SE corner of the NWi NWi, run thence
North 120 feet to a point, run thence West 210 feet
to a point, run thence South 120 feet to a point,
run thence East 210 feet to the point of beginning.
General location of the property: This property is located

six blocks north of Highway #5 on Highway #201 at the intersection
of Springwood Drive and adjacent to H & R Block Company.
ENACTED THE 1ST DAY OF DECEMBER, 1975, AND DECLARED EFFECTIVE

APPROVED:
Mayor
ATTEST:
City Clerk
Rezoning of Brewer property

ORDINANCE NO. 440
AN ORDINAN@EANNEXING CERTAIN PROPERTY ~O MOUNTAIN HOME,

ARKANSAS, WATER AND SEWER IMPROVEMENT DISTRICT # 3 OF
SAID CITY, ASSIGNING THE SAME TO A WARD, AND FOR OTHER
PURPOSES.

HOME, ARKANSAS:
1. That the following described lands in Baxter County,
Arkansas, being contiguous to the City of Mountain Home, Arkansas,
be, and the same are hereby, annexed to the City of Mountain Home,
Arkansas, and Water and Sewer Improvement District #3 of that
District, to-wit:
A part of the swt NWt and a part of the NWt

swt of Section 3, Township 19 North, Range
13 West, bounded and described as follows:
Beginning at the one quarter corner between

Sections 3 and 4, run East 21.2 feet thence
South 0° 31' East 83.6 feet thence East 233.6
feet then North 4° @9' West 185.0 feet, thence
South 89° 44' West 186.0 feet thence North 0°
31' West 781.0 feet to the South right of way
of U. S. Hwy. 62 thence South 67° 9' West along
the said right of way 58.4 feet, then South
0° 31' East 862.5 feet to the point of be-
ginning, containing 1.97 acres, more or less.
2. That the same shall be, and is hereby designated as part

of Ward 1 of the City of Mountain Home.
3. That the provisions of this Ordinance.are separable and
in the event that any section or part hereof shall be held to be
invalid, such invalidity shall not affect the remainder of this
Ordinance.
4. This Ordinance being necessary for the preservation of
public health, safety and morals, an emergency is hereby declared
to exist, and the same shall be in full force and effect from and
after its passage.
This Ordinance approved this 1st day of December, 1975.
~~
Robert H. Dust, Mayor
ATTEST:
Annexation of Collie property

ORDINANCE NO. 441
AN ORDINANCE GRANTING TO HOME CABLE COMPANY, ITS SUCCESSORS

AND ASSIGNS, THE 'RIGHT TO ERECT, MAINTAIN AND OPERATE TRANS-
MISSION AND SERVICE DISTRIBUTION FACILITIES AND ADDITIONS
THERETO, IN, UNDER, OVER, ALONG, ACROSS AND UPON THE STREETS,
LANES, AVENUES, ALLEYS, BRIDGES, HIGHWAYS AND OTHER PUBLIC
PLACES IN THE CITY OF MOUNTAIN HOME, ARKANSAS, AND SUBSEQUENT
ADDITIONS THERETO, FOR THE PURPOSE OF ERECTING, OPERATING AND
MAINTAINING A TELEVISION ANTENNA SYSTEM AND A TELEVISION SIGNAL
TRANSMISSION SYSTEM THEREON AND THEREUNDER SERVING THE INHABI-
TANTS OF SAID CITY, AND FOR OTHER PURPOSES, FOR A PERIOD OF
TWENTY-FIVE YEARS, WITH THE OPTION TO RENEW THE SAME, AND
REGULATING THE SAME, AND FOR OTHER PURPOSES.

ARKANSAS, AS FOLLOWS:
SECTION 1. In consideration of the faithful performance and
observance of the conditions and reservations hereinafter specified,
the right is hereby granted to Home Cable Company, its successors and
assigns, hereinafter referred to as Grantee, to erect, maintain and
operate antenna television transmission and distribution facilities,
in, under, over, along, across and upon the streets, lanes, avenues,
sidewalks, alleys, bridges, and other public places in the City of
Mountain Home, Arkansas, and subsequent additions thereto, for the
purpose of transmission and distribution of television impulses and
television energy, both community antenna and closed-circuit, in-
cluding programs recorded on film and television tape or otherwise
recorded in accordance with the laws and regulations of the United
States of America and the State of Arkansas, and the ordinances and
regulations of the C'ity of Mountain Home, for a period of twenty-five
years with the option to renew the same for an additional t~e~ty-five
years, upon the same terms and conditions herein provided for by
giving written notice of the desire to do so at least one year prior
to the expiration hereof, subject to the conditions hereof.
SECTION 2. Wherever used in this ordinance, the word "television"
shall mean a system for simultaneous transmission of audio signals and
transient visual images by means of electrical impulses.
SECTION 3. This right-of-way for the use and purposes herein set
forth shall not be exclusive but is merely a permit allowing Grantee
to use the streets, alleys, etc., of the City of Mountain Home for
the purposes herein set forth.
SECTION 4. The Grantee's transmission and distribution system,
poles, wire and appurtenances shall be located, erected and maintained
so as not to endanger or interfere with the lives of persons, or to
interfere with any improvements the City may deem proper to make, or
to hinder unnecessarily or obstruct the free use of the streets, alleys,
bridges or other public property.
Construction and maintenance of the transmission distribution
system, including house connections, shall be in accordance with the
-2-
provisions of the National Electrical Safety Code, prepared by

the National Bureau of Standards, the National Electrical Code of
the National Board of Fire Underwriters and such applicable ordi-
nances and regulations as the City of Mountain Home affecting
electrical installations which may be presently in effect or may
be enacted by the City of Mountain Home.
SECTION 5. In the maintenance and operation of its television
transmission and distribution system in the streets, alleys and
other public places, and in the course of any new construction or
addition to its facilities, the Grantee shall proceed as to cause
the least possible inconvenience to the general public; any opening
or obstruction in the streets or other public places, made by the
Grantee in the course of its operations, shall be guarded and pro-
tected at all times by the placement of adequate barriers, fences,
boardings, warning sign and lighting at night, the bounds of which
during periods of dusk and darkness shall be clearly designated.
Whenever the Grantee shall take up or disturb any pavement,
sidewalk or other i~provement of any street, avenue, alley or other
public place, the same shall be replaced and the surface restored
in as good condition as before entry within a reasonable period after
completion of the Grantee's work. Upon failure of the Grantee to
make such restoration within a reasonable time, the City may serve
upon the Grantee notice of the City's intent to cause the restora-
tion to be made, and unless the Grantee within forty-eight hours
after receipt of such notice begins or resume the proper restoration
to be made, the City may cause the proper restoration to be made,
including the removal of excess dirt, and the expense of same shall
be paid by the Grantee upon demand by the City.
The Grantee shall at all times comply with any and all reason-
able rules and regulations which the City has made or may make to
apply to the public generally with reference to the removal or replace-
ments of pavements and to excavations in streets and other public
places, not inconsistent with its use for the purposes contemplated
by this ordinance.
SECTION 6. The Grantee shall have the right to prescribe rea-
sonable service rules and regulations for the conduct of its business,
service rules and regulations shall be kept on file at all times with
the City Clerk.
SECTION 7. The Grantee shall construct an All Bands System,
capable of providing four or more channels of satisfactory tele-
vision receppion.
SECTION 8. The Grantee's distribution system shall conform
to the requirements of the Federal Communications Commission, par-
ticularly with respect to freedom from spurious radiation and
interferring with present or future private antenna reception.
-3-
SECTION 9. The antenna, receiving and distribution equipment

shall be installed and maintained so as to provide pictures on sub-
scriber receivers through the system essentially of the same quality
as those received at the antenna site and/or transmitted by the
Grantee.
SECTION 10. Upon termination or forfeiture of this grant, in
accordance with any of its terms, the Grantee shall, within a reason-
able time, remove its poles, cables, wire and appliances from the
city streets, lanes, avenues, sidewalks, alleys, bridges, highways,
other public places and from the premises of Grantee's customers
within the City and subsequent additions thereto.
In the event of failure of the Grantee to perform the obliga-
tions of the first sentence of this section, the City shall have the
right to make a written demand on the Grantee to proceed to carry
out the removal of such equipment, and, within thirty days from the
date of such demand to proceed with such removal expeditiously, the
City shall have the right to remove same and retain it as the City's
property, without accounting therefor to the Grantee, and the expenses
of such removal shall be charged to and paid by the Grantee, without
credit for the value, if any, of the equipment removed by the City.
ceptance of this franchise, the Grantee
'ts rates and charges to its sub-
signals shall be fair and reasonable
and no higher than necessary to meet all lawful costs of operation
(assuming efficient and economical management), including a fair return
on the investment. The existing rates and charges, which are hereby
approved are set forth in schedule 1; that when subscribers are con-
verted to all bands and are receiving ETV, the educational network and
the weather scan, then the rates for said subs
the following month shall be as set forth in schedule
grantee has inst ystem and sai.d
tional so that s 4 and 11 from Little Rock are up~
graded and channel 7 from Little Rock is added to the system then the
rate eginning on the following month shall be
Sch Sc
Main Station $5.45 $5.75 $6.90

F.M. 1.00 1.00 .50
C (when needed)
s
* 2.00
** 5.00
00
0
) 10.00 10.00
-4-
5.00 5.00 5.00

10.00 10.00 10.00
disconnect for
10.00 10.00 10.00
rge 3.00 3.00
* This is total outlets including main station outlet.

** Amplifiers will be added ded to maintain signal strength,
due to losses because of er extensions or length of runs.
Grantee shall make no change in rates and charges for service

under this ordinance without approval of the City Council unless
the City has e or reject proposed n
ninety days of shall
have the reciprocal right ase.
SECTION 12. Service be provided by the Grantee only to
those areas within the corporate limits of the City wherein the
density of subscribers is adequate to permit the providing of ser-
vice on an economically feasible basis; provided, however, the Grantee
must provide service to any person who requests such service to a
building situated in the City and within 300 feet of existing facili-
ties of the Grantee, if such person is otherwise entitled to service.
SECTION 13. If in the future, the State of Arkansas or any
Federal Agency regulates the rates of the Grantee for the service
provided for in this ordinance, this ordinance shall be of no effect
during such regulation to the extent of any conflict therewith.
SECTION 14. Grantee shall provide main station in each public
school within the corporate limits of the City of Mountain Home at a
location within the school building to be selected by school authori-
ties without charge; provided, extensions or moves and changes added
after the initial installation shall bear the approved charges for
such service.
SECTION 15. If the Grantee shall fail to comply with any of
the provisions of this grant, or default in any of its obligations
except for causes beyond the reasonable control of the Grantee, and
shall fail, within thirty days after written notice from the City to
correct such default or noncompliance, the City shall have the right
to repeal this ordinance and all rights of the Grantee hereunder.
SECTION 16. All provisions of law provided and prescribed for
the granting of this permit and authority are hereby declared to
have been fully complied with and the permit shall be in full force
and effect from and after its execution and approval. The Grantee
shall pay, and, in consideration of the granting of this permit and
authority, agree to pay to the City of Mountain Home as a tax and as
-5
compensation for the right and privilege enjoyed hereunder, a sum

equal to 2% of the gross revenues for customers located within the
corporate limits of the Grantor the preceding year, payable quarterly
commencing on March 30, 1976.
SECTION 17. The payments herein provided for shall not be in
lieu of ad valorem taxes assessed with respect to real or personal
property of the Grantee by the City.
SECTION 18. When a customer's service is reported or found to
be interrupted, it will be restored as promptly as possible, but in
the event it remains out of order through no fault of the customer,
in excess of twenty-four (24) consecutive hours, after knowledge by
the company of the interruption, the company will refund the pro-rate
part of that months charges for the period of days during which the
service was not provided. This refund may be accomplished by a credit
on a subsequent bill for cable service. If the trouble is fault of
customer's property, no adjustment will be given and there could be a
possible service charge.
SECTION 19. In the construction, operation and maintenance of
its facilities, said Grantee shall use reasonable and proper precaution
to avoid damage or injury to persons or property and shall hold and save
harmless the said Grantor from damage, injury, loss or expense caused by
the negligence of the Grantee, or its agents, servants or employees, in
constructing, operating and maintaining said facilities or in repaving
or repairing any streets, avenues, alleys, bridges or other public grounds.
SECTION 20. The Grantee shall pay to the City the cost of pub-
lishing this ordinance according to law.
SECTION 21. This ordinance shall not become~fective until it is
duly passed by the City Council and published as required by law.
APPROVED this 16th day of Fe~~~6.
. f/j;'. /~~~.~/
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M<tyOr, City of Mountain Home
ATTEST:
City Clerk /
Cable TV Franchise
ORDINANCE NO. 442

ARKANSAS.
WHEREAS, Dick Gonce claiming to be the owner of certain real
property hereinafter described has filed a Petition in writing,
praying that said property be rezoned from Residential ~-1) to
of the City of Mountain Home, Arkansas, has heard all persons de-
siring to be heard and has ascertained that said Petition was signed
by the person owning the real property hereinafter described; and
the City of Mountain Home, Arkansas, and after a hearing before said
Commission on the 27th day of January, 1976, an affirmative recommenda-
tion was made for the property to be rezoned from Residential (R-1) to
THEREFORE, BE IT RESOLVED by the City Council of the City of
There is hereby rezoned from Residential (R-1) to Commercial
(C-3) the following described property located in Baxter County,
Arkansas, to-wit:
~hat part of the SE t

of NE t
of Section 9, Township
follows: Beginning at the intersection of the North
right of way line of State Highway No. 5 and the East
right of way- line of Bryant Street, in the Ci ty of
Mountain Home, run thence East 183.40 feet, more or
less to the SW corner of the McGuire (now Reynolds)
tract, run thence North along the West line of the
McGuire (now Reynolds) tract 237.6 feet to a point,
run thence West 183.40 feet, more or less to the East
line of Bryant Street, run thence South along the
East line of Bryant Street 237.6 feet, more or less
to the point of beginning, better known as 703 East
~th Street.
.
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.-c Mayor .
ATTEST:
City Clerk
Rezonin~ of Dick Gonce Property, R-1 to C-3

ORDINANCE NO. 443
AN ORDINANCE ANNEXING AND ZONING PROPERTY CONTIGUOUS THEREWITH


owners of real property hereinafter described have filed a Petition
in writing, praying that said property be annexed and zoned to the
City of Mountain Home, Arkansas, and the Water and Sewer Improvement
District No. 3 for the purposes hereinafter set out, and
taken on December 31, 1975, in which it was determined that due Notice
of hearing on such Petition was published as required and that the
Petition was in proper order, and
WHEREAS, the Planning Commission of the City of Mountain Home,
Baxter County, Arkansas, has made an affirmative recommendation that
said land be zoned residential, R-1,
Home, Arkansas, and the Water and Sewer Improvement District No. 3 the
All of that property North of the present city limits line

parallel to State Highway 5 South and West of the property
owned by Joe Brunson, and South of 4th Street and East of
the property owned by Robin Morris, more particularly
Lots 1, 2, 3, and the North part of Lot 4 of Blk. 1; Lots

1, 2, 3, 4, 5, 6, and the North parts of Lots 7 and 8 of
Blk. 2; Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Blk. 3; Lots 1,
2, 3, 4, 5, 6, 7, 8, and the North parts of Lots 9 and 10
of Blk~ 4; and Lots 1, 2, 3, 4, and the North part of Lot
5 of Blk. 5; all of Evergreen Estates Subdivision as shown
.r Mayor
ATTEST:
ion of portion of
~~:~;~~:~enEstates Subdivision
ORDINANCE NO. 444
AN ORDINANCE PROVIDING REQUIREMENTS FOR PETITIONS

FOR ANNEXATION AND OTHER MATTERS RELATING THERETO,
AND REPEALING ORDINANCE NO. 405.
WHEREAS, the City Council of Mountain Home, Arkansas, deems

it necessary to refine and specify state requirements ~or petitions
for annexation of lands to the City;
MOUNTAIN HOME, ARKANSAS, THAT:
Section *. From and after the passage of this ordinance all
petitions for annexation of land to the City of Mountain Home,
Arkansas, shall be accompanied by the following items:
a. A survey plat by a licensed surveyor;
b. The length and bearing of all property lines for
the annexed property is to be indicated on the
survey plat;
c. Total acres of the land to be annexed;
d. The survey plat scale is to be one inch (*1I) five
hundred feet (5001) and the survey plat shall show
the ownership of the property adjacent to the land
being annexed.
Section 2. That the plat mentioned in Section 1 of this
ordinance must be presented to the Planning Commission fifteen (*5)
days prior to the presentation of the Petition for Annexation before
the Planning Commission. The ordinance which will be presented to the
Council for annexation of the land should be presented to the City
Clerk one (1) week before the council meeting at which time the ordi-
nance will be read, and eleven (*1) copies are required for use of
the City Clerk.
That a violation of this ordinance shall result in any annexa-
tion petition being refused to be considered-by the Planning Com-
mission or the City Council.
Section 3. That all ordinances in conflict herewith are hereby
repealed, including but not limited to, Ordinance No. 405.
Section 4. This ordinance will be necessary for the health,
safety and welfare of the citizens of Mountain Home, Arkansas, and
an emergency is declared to exist and shall be in effect from and
after its passage.
PASSED AND APPROVED this
ATTEST:
Penelope R./Feist, City Clerk
Annexation Requirements
ORDINANCE NO. 445
AN ORDINANCE AMENDING ORDINANCE NUMBER 163 WITH

REFERENCE TO ZONING WITHIN THE CITY LIMITS OF THE
CITY OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO
CHANGING AREAS ZONED AS R-l TO C-2

HOME, ARKANSAS:
1. That proper petition was filed by the property owner
requesting a change in zoning, to-wit; Change from R-l zoning
to C-2 zon~ng; that said petition was submitted to the Planning
~ommission of the City of Mountain Home, Arkansas; that notice
of said petition and a public hearing thereon was published in
a newspaper having local circulation as is required by Ordinance
Number 163; that public hearing was held and all objections to
said petition were heard; and the Planning Commission has
recommended the zoning change.
HOME, ARKANSA$:
That the following described real estate be, and is
hereby, changed in zoning from R-l to C-2, to-wit:
That part of the SEt of the NEt of Section 4,
Township 19 North, Range 13 West described as
follows: Begin at the SW corner there~faand
rnn thence North 1 degree 30 minutes East a
distance of 6 feet to a point; run thence
South 89 degrees 30 minutes East a distance
of 361 feet to a point; run thence North 19
degrees West along the fence and the West line
of the Nakis property, a distance of ~38 feet
and to the South right of way line of Highway
No. 62; run thence Southwesterly, along the
South right of way line of said Highway No. 62,
a distance of 250 feet to a point of beginning
for the tract herein described; run thence left
110 degrees, leaving an interior angle of 70 degrees,
74 feet ot a point; run thence South L degree 30
minutes West 112 feet and to the North right of way
line of Sanford Lane; run thence West and Northwesterly,
with the right of way of Sanford Lane 142 feet more
or less and to the South right ow way line of U. S.
Highway No. 62; run thence Northeasterly with said
right of way line to the point of beginning.
ENACTED April 5,1976, and declared operative as of this date.
ATTEST:
REZONING VERLIN S. HUETT PROPERTY

ORDINANCE NO. 446
AN ORDINANCE REZONING PROPERTY IN THE CITY OF MOUNTAIN

HOME, ARKANSAS
WHEREAS, persons claiming to be a majority in value of

the woners or real property hereinafter described have .filed
a Petition in writing, praying that said property1;le re~zoned
from Residential R-l to Commercial C-3, and;
WHEREAS, after due notiee as required by law, the City
Council of the City of Mountain Home, Arkansas, had heard
all persons desiring to be heard and has ascertained that
said Petition was signed by persons owning the majority in
value of real property within said territory, and,
of Baxter County, Mountain Home, Arkansas, and after a hearing
before said Commission on March 23,1976, and affirmative
recommendation was made for the property to be re-zoned from
Residential R-1 to Commercial C-3;
There is hereby rezoned from Residential R-l to Commercial
C-3 the following described property located in Baxter County,
Arkansas, to wit:
That part of the swt NWt Sec. 9, Twp. 19N. R. 13 W.
described as follows: Beginning at a point 137 ft.
S. and 222 ft. E. of the NW corner of the SWtNWt of
said Sec. 9 on the S. boundary line of 6th st.
formerly Mountain Home and Mooney's Ferry Public
Road, run thence in an E. direction along the S. side
of said street 97 ft. thence in a S. directiQn 120 ft.
thence in a W. direction 87 ft. thence in a N. direction
137 ft. to the point of beginning.
Part of the swt of the NWt of Section 9, Township 19

Beginning at a point 137 feet South and 222 feet Wast

of the NW corner of the swt of the NWt of Section 9
on the South boundary of the road formerly known as
Mountain Home and Monney's Ferry Public Road, now
Hwy. No. 178 (also known as Sixth Street), and run
East along the South boundary of said Hwy. 97 feet to
an iron stake set in a plastic tile for a point of
beginning for the tract herein conveyed, run thence
South 120 feet, thence West 87 feet, thence South 75
feet, thence East 137 feet, thence North 30t feet,
thence East 33 feet, thence North 160 feet to a point
on the South side of 6th Street, run thence West along
the South boundary of said street 91 feet tothe point of
beginning.
Passed and Approved this 5th day of April, 1976.
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( //hVl)"i~;/;tI[{;~v1(
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MAYOR ROBERT H. DUST
Rezoning of Fox and Ward Property

ORDINANCE NO. 447
AN ORDINANCE FOR THE PURPOSE OF VACATING PORTIONS OF

TANGLEWOOD DRIVE IN MEADOWCREST SUBDIVISION, AS SHOWN
BY THE RECORDED PLAT THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed in the Council Council of
the City of Mountain Home, Arkansas, asking that the following
streets be abandoned, excepting the sewer easement:
Tanglewood Drive running between Lots 28 and 29 in

Meadowcrest, 2nd Addition, a subdivision as shown by
the recorded plat thereof, and being more particularly
described as beginning at the Northwest corner of Lot
28 run thence East 130.2 feet to a point, run thence
North 501 to the Southwest corner of Lot 29 run thence
west approximately 130.2 feet, run thence South 50 feet
to point of beginning-.
WHEREAS, after due notice as required by law, the Council has,
at the time and place mentioned in the Notice, heard all persons
desiring to be heard on the question and has ascertained that the
said street hereinabove described is shown in Meadowcrest, as a
street; but the same has never been used by the general public;
that, in fact, the said street has never been built and the said
nonuser is for a period of more than Five (5) years last passed;
anq the public interest and welfare will not be adversely affected
by abandonment of said street; that all abutting land owners have
consented to the abandonment of these streets.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
Section 1. The City of Mountain Home, Arkansas, hereby re-
leases, vacates and abandons all its rights, together with the
rights of the public generally, in and to the said street above
described and vests such rights therein in the fee simple owners
of the property above described, in accordance with Arkansas
S~atute Annotated 19-3830.
Section 2. A copy of this ordinance duly certified by the
City Recorder shall be filed in the office of the Recorder of
Abandonment of Tanglewood Drive

Deeds and Records of Baxter County, Arkansas, and recorded in
said records.
Section 3. This ordinance shall take effect and be in
full force from and after its passage.
PASSED AND APPROVED May 3, 1976.
Mayor
ATTEST:
Abandonment of Tan~1ewood Drive

ORDINANCE NO. 448
271
DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE
FIRST EXTROBDINARY SESSION OF THE SIXTY-SECOND
GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED
JANUARY 21,1960, AS AMENDED, FOR THE PURPOSE OF
PROVIDING PERMANENT FINANCING OF THE COSTS OF
SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR
INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST
INDENTURE SECURING THE BONDS; THE ACCEPTANCE OF A
GUARANTY AGREEMENT; AUTHORIZING AND PRESCRIBING
OTHERS MATTERS PERTAINING TO THE ACQUISITION, CON-
STRUCTION AND EQUIPMENT OF THE INDUSTRIAL PROJECT
AND THE FINANCING THEREOF; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Mountain Home, Arkansas (the lICityll)

is authorized by Act No. 9 of the First Extraordinany Session
of the Sixty-Second General Assembly of the State of Arkansas,
approved January 21,1960, as amended ("Act No.9"), to acquire
lands, construct and equip manufacturing buildings, improve-
ments and facilities and to incur other costs and expenses
and make other expenditures incidental to and for the imple-
menting and accomplishing of the conduct of manufacturing
operations;and
WHEREAS, the City is authorized by Act No. e to issue
Industrial Development Revenue Bonds payable from revenues
derived from the Industrial Project so acquired and Bonstructed
and secured by a lien thereon and security interest therein; and
WHEREAS, the necessary arrangements have been made with
Travenol Laboratories, Inc., a Delaware corporclition ("Travenol"),
for an expansion of its existing manufacturing plant consisting
of lands, buildings, improvements, machinery, equipment and
facilities which will be utilized for the manu~acturing of such
products as Travenol shall elect ot manufacture (the "Project")
and to lease the Project to Travenol pursuant to the terms of a
Lease and Agreement subsequently identified herein and referred
to as the "Lease Agreement"; and
WHEREAS, Travenol is a subsidiary of Baxter Laboratories, Inc.,
a Delaware corporation ("Baxter"), and Baxter has agreed to
unconditionally guarantee performance by Travenol of its obliga-
tions under the Lease Agreement by an instrument identified as the
"Baxter Guaranty Agreement"; and
WHEREAS, permanent financing of a portion of the Prmject
cost, necessary costs and expenditures incidental thereto and
expenses of authorizing and issuing Bonds, is being furnished by
the City issuing Industrial Development Revenue Bonds under the
provisions of Act No.9 (the "Bonds"), with the remainder of the
Project costs being financed by Travenol; and
WHEREAS, the Bonds are to sold and issued in series, with
"there bening initially issued Series 1976 in the principal amount,
bearing interest, maturing and subject IDID redemption as hereinafter
set forth in the form of Indenture authorized by this Ordinance;
Section 1. That there be, and there is hereby authorized

and directed the following:
(a) The sale of the Series 1976 Bonas to Stephens, Inc.,

Little Rock, Arkansas, and the execution by the Mayor
and City Clerk of a Bond Purchase Agreement with
such purchaser for the price and pursuant to the terms
recommended by Travenol (a copy of which shall be
filed in the office of the City Clerk);
(b) The acquiring, constructing and equipping of the Project,

and in connection therewith, the execution of all
necessary contracts and agreements in connection with
the acquiring, constructing and equipping of the Project;
Bond Ordinance - Baxter Lab

Ordinance No.448
(c) The performance of all obligation of the City under

the Lease Agreement to the acquiring, constructing
and equipping of the Project and the performance
of all obligations of the City under the contracts
referred to in (b) above; and
( d) The acceptance, execution and delivery of the Baxter

Guaranty Agreement in substantially the form pre-
sented to the City Council. After execution and
del~very a copy shall be filed in the office of
the City Clerk.
Section'2. That the issuance of the Bonds, in accordance

with the Indenture (hereinafter authorized), is hereby authorized,
and the immediate delivery of the Series 1976 Bonds is hereby
authorized. To prescribe the terms and conditions upon which
the Bonds are to be executed, authenticated, issued, accepted,
held and secured, the Mayor is hereby authorized and directed
to execute and acknowledge a Trust Indenture (the" Indenture"),
and the City Clerk is hereby authorized and directed to execute
and acknowledge the Indenture and to affix the seal of the City
thereto, and the Mayor and City Clerk are hereby authorized
and directed to cause the Indenture to be accepted, executed
and acknowledged by the Trustee. The Indenture, which con-
stitutes and is hereby made a part of this Ordinance, shall
be in substantially the following form, to wit:
TRUST INDENTURE
between
and
UNION NATIONAL BANK OF LITTLE ROCK

Dated March 1, 1976

TABLE OF CONTENTS
Parties
Recitals
Bond Form
Granting Clauses
ARTICLE I
DEFINITIONS
Section 101 Definitions
Section 102 Use of Words
ARTICLE II
THE BONDS
Section 201 Authorized Amount of Bonds
Section 202 Details of Bonds; Issuance of Additional Series
Section 203 Execution of Bonds; Limited Obligation
Section 204 Authentication
Section 205 Form of Bonds
Section 206 Delivery of Bonds
Section 207 Indenture Superior to Laborer1s, Etc., Liens
Section 208 Mutilated, Destroyed or Lost Coupons or Bonds
Section 209 Registration of Principal and Interest
Section 210 Cancellation
ARTICLE III
REDEMPTION OF BONDS BEFORE MATURITY
Section 301 Redemption of Series 1976 Bonds
Section 302 Notice
Section 303 Redemption of Subsequent Series
Section 304 Unpaid Coupons
ARTICLE IV
GENERAL COVENANTS
Section 401 Payment of Principal and Interest
Section 402 Performance of Covenants
Section 403 City Warrants Title; Instruments of Further Assurance
Section 404 Payments of Taxes, Charges, etc.
Section 405 Obligations to Maintain and Repair
Section 406 Recordation of Trust Indenture and Lease Agreement
Section 407 Books of Record and Account; Inspection
Section 408 List of Bondholders
Section 409 Lease Agreement Reference; Lien of Trust Indenture
Subordina±e to Lease Agreement; Enforcement Obligations
and Rights; Guaranty Agreement Reference
Section 410 Covenant not to Sell or Dispose of Interest in Trust
Estate and not to Encumber Except in Accordance with
Lease Agreement and Trust Indenture
Section 411 Obligation to Insure
Section 412 Election to Proceed Under Section 103 of IRC
Section 413 Covenant Not to Violate Section 103(d) of the IRC
ARTICLE V
REVENUES AND FUNDS
Section 501 Creation of Bond Fund
Section 502 Payments into Bond Fund
Section 503 Use of Moneys in Bond Fund
Section 504 Custody of Bond Fund and Withdrawals Therefrom by
Trustee
Section 505 Non-Presentment of Bonds or Coupons
Section 506 Fees, Charges and Expenses of Trusteesand Paying Agent
Section 507 Moneys to be He~d in Trust
Section 508 Refund to Lessee of Excess Payments
ARTICLE VI
CUSTODY AND APPLICATION OF
PROCEEDS OF BONDS
Section 601 Deposits into the Construction Fund
Section 602 Disbursements from Construction Fund
Section 603 When All Project Costs are Paid Balance Used For
Purchase of Bonds or Transferred to Bond Fund
ARTICLE VII
INVESTMENTS
Section 701 Investment of Moneys in Construction Fund and
Other Funds
ARTICLE VIII
POSSESSION, USE AND RELEASE OF
MORTGAGED PROPERTY
Section 801 City's Right to Possess, Use and Enjoy
Section 802 Trustee Authorized, Pursuant to Specified Condi-
tions, in Joining with City to release lien in
event of partial condemnation
Section 803 Release of certain lands to be used in expansion
program from lien of indenture
Section 804 Release of items of lessor's machinery, equipment
and fixtures
ARTICLE IX
DISCHARGE OF LIEN
Section 901 Discharge of Lien
ARTICLE X
DEFAULT PROVISIONS; REMEDIES
OF TRUSTEE AND BONDHOLDERS
Section 1001 Events of default
Section 1002 Acceleration
Section 1003 Trustee's right to enter and take possession
Section 1004 Other remedies; rights and obligations with
reference to remedies
Section 1005 Right of majority of bondholders to take charge
Section 1006 Appointment of Receiver
Section 1007 Waiver by City of benefit of laws and rights of
appraisement and Redemption
Section 1008 Application of available moneys
Section 1009 Remedies vested in Trustee
Section 1010 Rights and Remedies of bondholders
Section 1011 Termination of proceedings
Section 1012 Waiver of events of default
Section 1013 Notice of Default; opportunity of lessee to correct
Section 1014 Rights and remedies of Trustee and Bondholders
subject and subordinate to rights of Lessee under
Lease Agreement
ARTICLE XI
THE TRUSTEE
Section 1101 Acceptance of Trusts
Section 1102 Fees, Charges and Expenses of Trustee
Section 1103 Notice of Bondholders of Default
Section 1104 Intervention by Trustee
Section 1105 Successor Trustee
Section 1106. Resignation by Trustee
Section 1107 Removal of Trustee
Section 1108 Appointment of Successor Trustee; Temporary trustee
Section 1109 Acceptance by Successor Trustee
Section 1110 Right of Trustee to pay taxes and other charges
Section 1111 Trustee protected in relying upon resolutions, etc.
Section 1112 Trustee which has resigned or been removed ceases to
be paying agent
Section 1113 Paying Agent's Fees and Charges
Section 1114 Appointment of Co-Trustee or Separate Trustee
ARTICLE XII
SUPPLEMENTAL INDENTURES
section 1201 Supplemental Indentures not requiring consent of
bondholders
section 1202 Supplemental indentures requiring consent "of bond-
holders
Section 1203 Consent of lessee to supplemental indentures
ARTICLE XIII
AMENDMENT TO LEASE AGREEMENT
OR BAXTER GUARANTY AGREEMENT
Section ~.301 Amendments to lease agreement or guaranty agreement
not requiring consent of bondholders
Section 1302 Amendments to lease agreement or guaranty agreement
requiring consent of bondholders
ARTICLE XIV
MISCELLANEOUS
Section 1401 Consents, etc. of bondholders
Section 1402 Limitation of rights
Section 1403 Severability
Section 1404 Notice
Section 1405 Arkansas substantive law governs
Section 1406 Counterparts
TRUST INDENTURE
This TRUST INDENTURE executed as of the first day of March,

1976 by and between the City of Mountain Home, Arkansas, a city of
the first class, duly existing under the laws of the State of Arkansas,
(the "City"), as party of the first part, and Union National Bank
of Little Rock, an institution organized under and existing by virtue
of the laws of the United States of America, with its principal
office, domicile and post office address in Little Rock, Arkansas
(the "Trustee"), as party of the second part;
WITNESSETH:
WHEREAS, the City is authorized by Act No.9 of the First
Extraordinary Session of the sixty-Second General Assembly of the
State of Arkansas, approved January 21, 1960, as amended ("Act No.9")
to acquire lands, construct and equip manufacturing buildings, improve-
ments and facilities and to incur other costs and expenses and make
other expenditures incidental to and for the implementing and accom-
plishing of the conduct of manufacturing operations; and
WHEREAS, the City is authorized by Act No.9 to issue Industrial
Development Revenue Bonds payable from revenues derived from the In-
dustrial Project so acquired and constructed and secured by a lien
thereon and security interest therein; and
WHEREAS, the necessary arrangements have been made with Travenol
Laboratories, Inc., a Delaware corporation ("TravenoIU), for an ex-
pansion of its existing manufacturing plant consisting of lands,
buildings, improvements, machinery, equipment and facilities which
will be utilized for the manufacturing of such progucts as Travenol
shall elect to manufacture (the "Project") and to lease the Project
to Travenol pursuant to the terms of a Lease and Agreement subse-
quently identified herein and referred to as the "Lease Agreement";
and
WHEREAS, Travenol is a subsidiary of Baxter Laboratories, Inc.,
a Delaware corporation ("Baxter"), and Baxter has agreed to uncon-
ditionally guarantee performance by Travenol of its obligations under
the Lease Agreement by an instrument identified as the "Baxter
Guaranty Agreement"; and
WHEREAS, permanent financing of a portion of the Project costs,
necessary costs and expenditures incidental thereto and expenses of
authorizing and issuing Bonds, is being furnished by the City issu-
ing Industrial Development Revenue Bonds under the provisions of Act
No.9 (the "Bonds"), with the remainder of the Project costs being
financed by Travenol; and
WHEREAS, there are being issued at this time $1,000,000 in
principal amount of Bonds with provision being made in this Indenture
for the issuance of Additional Bonds; and
WHEREAS, the Bonds will be dated, will bear interest, mature
and be subject to redemption as hereinafter in this Indenture set
forth in detail; and
WHEREAS, the execution and delivery of this Trust Indenture (the
"Trust Indenture" or "Indenture") and the issuance of the Bonds have
been in all respects duly and validly authorized by ordinance of the
City Council of the City adopted and approved on the 3rd day of May,
1976; and
WHEREAS, the Bonds, interest coupons to be attached thereto and
the Trustee's Certificate to be endorsed thereon are all to be in sub-
stantially the following form, with necessary and appropriate varia-
tions, omissions and insertions as permitted or required by this
Indenture, to wit (the form is set up for Series 1976 and there shall
be necessary conforming changes in the case of subsequent series):
(Form of Bond)

STATE OF ARKANSAS
COUNTY OF BAXTER
_____
% INDUSTRIAL DEVELOPMENT REVENUE BOND
TRAVENOL PROJECT
SERIES 1976
No. $5,000
That the City of Mountain Home, Baxter County, Arkansas, a
municipality under the laws of the State of Arkansas (the "City"),
for value received, promises to pay to bearer, or if this Bond be
registered to the registered owner hereof, on March 1, 19 ,the
principal sum of --
FIVE THOUSAND DOLLARS
in such coin or currency of the United States of America as at the

time of payment shall be legal tender for the payment of public and
private debts, and to pay in like coin or currency interest on said
principal amount from the date hereof until paid at the rate of
per cent ( %) per annum, such interest to be payable on March 1 and
September 1 of each year commencing September 1, 1976. Principal and
interest shall be payable at the principal office of The First National
Bank of EI Dorado, EI Dorado, Arkansas (the "Trustee" and "Paying Agent").
Payment of interest when registered as to interest may be by check or
draft to the registered owner as shown on the bond registration books of
the City maintained by the Trustee.
This bond, designated "City of Mountain Home, Arkansas Industrial
Development Revenue Bond - Travenol Project, Series 1976," is one of a
series of Bonds in the principal amount of One Million Dollars
($1,000,000). The City reserves the right to issue additional Bonds
on a parity of security with the Series 1976 Bonds, and the Bonds of
all series will be referred to herein as the "Bonds." The Bonds are
all issued under and are all equally and ratably secured and entitled
to the protection given by a Trust Indenture (the "Indenture"), dated
as of March 1, 1976, duly executed and delivered by the City to the
Trustee, which Indenture is recorded in the office of the Circuit Clerk
and Ex-Officio Recorder of Baxter County, Arkansas, and reference is
hereby made to the Indenture and all indentures supplemental thereto
for the provisions, among others, with respect to the conditions for
the issuanee of additional series, the nature and extent of the security;
the rights, duties and obligations of the City, the Trustee and the
holders and registered owners of the Bonds, and the terms upon which
the Bonds are issued and secured. The Bonds are being issued for the
purpose of financing a portion of the Project costs and paying expenses
of issuing the Bonds.
The Bonds are issued pursuant to and in full compliance with the
Constitution and laws of the State of Arkansas, particularly Act. No.9
of the First Extraordinary Session of the Sixty-Second General Assembly
of the State of Arkansas, approved January 21, 1960, as amended 0~ct No.
9"), and pursuant to Ordinance No. of the City, passed and approved
on the day of , 1976, which ordinance authorized the execu-
tion and delivery of the Indenture. The Bonds are not general obligations
of the City, but are special obligations payable solely from lease rentals
and revenues derived from the Project. The Project, consisting of lands,
buildings, improvements, machinery, equipment and facilities, has been
leased to Travenol Laboratories, Inc., a Delaware corporation 0Travenol"),
under a Lease and Agreement , dated as of March 1, 1976, (the "Lease Agree-
ment"), providing for basic rent sufficient for the payment of the prin-
cipal of and interest on the Bonds. Payment of rentals and performance
of all other covenants and obligations of Travenol have been uncondition-
ally guaranteed by Baxter Laboratories, Inc., a Delaware corporation
("Baxter"), by an instrument designated "Baxter Guaranty Agreement".
Provision has been made in the Lease Agreement for the basic rent to be
paid directly to the Trustee and deposited in a special account of the
City designated "Mountain Home, Arkansas Industrial Development Revenue
Bond Fund - Travenol Project" (the "Bond Fund"). Project revenues (in-
cluding particularly rentals under the Lease Agreement) have been duly
pledged by the Indenture to the payment of the principal of and interest
on the Bonds, and the Bonds are secured by a lien on and security interest
in certain of the properties embodied in the Project, subject to the Lease
Agreement and encumbrances permitted by the Indenture. In addition, the
payment of the principal, interest and premiums, if any, has been uncon-
ditionally guaranteed by Baxter pursuant to a Guaranty Agreement dated as
of March 1, 1976, entered into by Baxter and the Trustee. The Bonds do
not constitu~e an indebtedness of the City within the meaning of any con-
stitutional or statutory limitation.
The holder of this Bond shall have no right to enforce the
provisions of the Indenture or to instllituteaction to enforce the
Covenants therein, or to take any action with respect to any event
of default under the Indenture, or to institute, appear in and
defend any suit or other proceeding with respect thereto, except as
provided in the Indenture. In certain events, on the conditions, in
the manner and with the effect set forth in the Indenture, the prin-
cipal of all the Bonds issued under the Indenture and then outstanding
may be declared and may become due and payable before the stated
maturity thereof, together with accrued interest thereon.
Modifications or alterations of the Indenture, or of any inden-
ture supplemental thereto, may be made only to the extent and in the
circumstances permitted by the Indenture.
The Series 1976 Bonds shall be subject to redemption prior to
maturity as follows:
(1) The Series 1976 Bonds shall be redeemed from the proceeds
of condemnation of all or substantially all of the Project or from
Travenol exercising an option to purchase pursuant to the provisions
of Section 2002 A of the Lease Agreement in whole but not in part, at
any time, at a redemption price equal to the principal amount being
redeemed plus accrued interest to the redemption date, and plus a
premium of 3% if redeemed on or prior to March 1, 1992, and no premium
if redeemed thereafter.
(2) The Series 1976 Bonds may be redeemed on and after March 1,
1986, at the option of the City, from funds from any other source, in
whole or in part, on any interest paYment date, in inverse numerical
order, with there to be no partial redemption of any Bond, at a re-
demption price equal to the principal amount of the Bonds being re-
deemed plus accrued interest to the date of redemption and plus a
premium of 3% if redeemed on or prior to March 1, 1992, and no premium
if redeemed thereafter.
Notice of the call for redemption shall be published one time in
a newspaper published in the City of Little Rock, Arkansas, and having
a general circulation throughout the State of Arkansas, which publica-
tion shall not be less than thirty (30) days prior to the date of re-
demption. In addition, notice of redemption shall be mailed by regis-
tered or certified mail to the registered owner of any Bond registered
as to principal addressed to such registered owner at his registered
address and placed in the mails not less than thirty (30) days prior to
the date fixed for redemption. In the event that all of the Bonds are
registered as to principal, notice in writing by registered or certi-
fied mail to the owner or owners thereof not less than thirty (30)
days prior to the date fixed for redemption shall be sufficient, and
published notice of the call for redemption need not be given. Each
notice shall specify the numbers and the maturities of the Bonds being
called, and the date on which they shall be presented for paYment.
After the date specified in such call, the Bond or Bonds so called will
cease to bear interest provided funds for their paYment have been de-
posited with the Trustee, and, except for the purpose of paYment, shall
no longer be protected by the Indenture and shall not be deemed to be
outstanding under the provisions of the Indenture.
This Bond may be registered as to principal alone or as to prin-
cipal and interest and may be discharged from such registration in the
manner, with the effect and subject to the terms and conditions en-
dorsed hereon and contained in the Indenture, nothing contained in
this Bond or in the Indenture shall affect or impair the negotiability
of this Bond and as declared in Act No.9, this Bond shall be deemed
to be 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 govern its construction.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts,
conditions and things required to exist, happen and be performed
precedent to and in the issuance of the Series 1976 Bonds do exist,
have happened and have been performed in due time, form and manner
as required by law; that the indebtedness represented by the Series
1976 Bonds, together with all obligations of the City, does not exceed
any constitutional or statutory limitation; and that the above refer-
red to revenues pledged to the paYment of the prinCipal of and interest
on the Series 1976 Bonds as the same become due and payable will be
sufficient in amount for that purpose.
This Bond shall not be valid or become obligatory for any purpose
or be entitled to any security or benefit under the Indenture until the
Certificate of Authentication hereon shall have been signed by the Trustee.
IN WITNESS WHEREOF, the City of Mountain Home, Arkansas, has caused
this Bond to be executed by its Mayor and City Clerk, thereunto duly
authorized, with the facsimile signature of the Mayor and the manual signa-
ture of the Clerk, and its corporate seal to be affixed, and has caused
the interest coupons here~o attached to be executed by the facsimile
signature of its Mayor, all as of the first day of March, 1976.
ATTEST:
By __ .-...,;_"..,,- _
Mayor
City Clerk
(SEAL)
(Form of Trustee's Certificate)

TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds designated Series 1976 "in and issued
under the provisions of the within mentioned Indenture.
TRUSTEE
By
(Authorized Signature)
(Form of Coupon)
$ No.
On the first day of (March) (S~ptember), 19 ,the City of Mountain
Home, Arkansas (unless the Bond to which this coupon is attached shall
have been previously called for redemption or shall have become payable
as provided in the Indenture referred to in the Bond) will pay, solely
from the revenues pledged in the Indenture, to bearer at the principal
office of Union National Bank of Little Rock, Little Rock, Arkansas, upon
presentation and surrender hereof, the sum of
DOLLARS
in such coin or currency of the United States of America as at the time

of payment is legal tender for the payment of public or private debts,
being six (6) months' interest then due on its Industrial Development
Revenue Bond - Travenol Project, Series 1976, and numbered
By (facsimile signature)
Mayor
This Bond may be registered as to principal alone on books of the

City, kept by the Trustee under the within mentioned Indenture 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 thereafter be transferred only upon an assignment duly
executed by the registered owner or his attorney or legal representative
in such form as 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 thereafter transferability by delivery
shall be restored, but this Bond shall again be subject to successive
registrations and transfers as before. The principal of this Bond, if
registered, unless registered to bearer, shall be payable only to or
upon the order of the registered owner or his legal representative.
Interest accruing on this Bond will be ,paid only on presentation and
surrender of the attached interest coupons as they respectively become
due, and notwithstanding 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 surrendered
to said bond registrar, a statement to that effect will 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 to the address shown on the registration books. This Bond when so
converted into a Bond registered as to both principal and interest may
be reconverted into a coupon Bond at the written request of the regis-
tered owner and upon presentation at the office of said bond registrar.
Upon such reconversion the coupons representing the interest to become
due thereafter to the date of maturity will again be attached to this
Bond and a statement will be endorsed hereon by the bond registrar in the
registration blank below whether it is then registered as to principal or
payable to bearer.
Manner of Signature
Date of Registration: Name of Registered Owner Registration: Bond Registr
and
WHEREAS, all things necessary to make the Bonds, when authenticated

by the Trustee and issued as in this Indenture provided, the valid, bind-
ing and legal obligations of the City according to the import thereof,
and to constitute this Indenture a valid lien on the mortgaged property
and a valid pledge of revenues to the payment of the principal of and
interest on the Bonds, in accordance with the provisions hereof, have
been done and performed, and the creation, execution and delivery of
this Indenture and the creation, execution and issuance of said Bonds,
subject to the terms hereof, have in all respects been duly authorized.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS INDENTURE
WITNESSETH:
That the City in consideration of the premises and the acceptance
by the Trustee of the Trusts hereby created and of the purchase and
acceptance of the Bonds by the holders and owners thereof, and the sumo
of One Dollar ($1.00), lawful money of the United States of America to
it duly paid by the Trustee, at or before the execution and deliver~ of
these presents, and for other good and valuabe considerations the re-
ceipt of which is hereby acknowledged, and in order to secure'the pay-
ment of the principal of and interest on the Bonds according to their
tenor and effect and the performance and observance by the City of all
the covenants e~p:essed or implied herein and in the Bonds, subject to
all of the pr~vlslons hereof, does hereby grant, bargain, sell, convey,
mortgage, asslgn and pledge unto the Trustee, and unto its successor
or su~cessors in trust, and to them and their assigns forever, for the
securlng of the performance of the obligations of the City hereinafter
set forth:
1.
The following described real estate and premises situated in Baxter
County, State of Arkansas, with all buildings, additions and improve-
ments.now or hereafter located thereon, together with the tenements
heredltamen~s, appurtenances, rlghts, prlvileges and immunities the~e-
unto.belonglng or appertaining, and warrants the title to th
to-Wlt: e same,
A part of the NW t of the swt of Section 33, and
a part of the NEt of the SEt of Section 32, all
in Township 20 North, Range 13 West, being more
particularly described as follows, to-wit:
Starting at the Northwest corner of the NWt of

swt of Section 33, Township 20 North, Range 13
West; thence North 89° 44' West 139.7 feet;
thence South 0° 18' West a distance of 609.1
feet; thence South 89° 42' East a distan~e of
320.5 feet; thence North 0° 18' East a dlstance
of 60 feet; thence South 89° 42'East a dis~ance
of 33 feet; thence South 0° 18' West a distance
of 60 feet; thence South 89° 42' East a distance
of 126.7 feet; thence North 0° 18' East a dis-
tance of 60 feet; thence South 89° 42' East a
distance of approximately 338.8 feet to the West
right-of-way line of State Highway Number 201;
thence in a Northerly direction along the West
right-of-way line of State Highway Number 201
to the North line of the NWt of the swt of
thence North 89° 31' West a distance of 816.3
feet, more of less, to the point of beginning.
2.
All machinery, equipment and other personal property of every kind
and nature whatever acquired by the City and pgid for out of the Con-
struction Fund (identified below) and placed on/and in the land and im-
provements described in "1" above, or elsewhere, including, without
limitation, all replacements and substitutions which become the property
of the City pursuant to the provisions of the Lease Agreement. All such
machinery, equipment and other personal property shall be identified in
a ledger, one copy of which shall be filed with the Trustee and one copy
maintained by Travenol on the mortgaged property, and shall be marked by
an appropriate tag or device as being the property of the City; provided,
however, the failure to so tag or mark shall not prevent any item of
Lessor's machinery and equipment from becoming part of Lessors machinery
and equipment if, pursuant to the provisions hereof, it should be part
thereof. Included herein is Lessor's machinery and equipment as defined
in the Lease Agreement, but as provided in the Lease Agreement, there is
not included any machinery, equipment and personal property owned by
Travenol.
3.
The Lease Agreement and all rights, but not obligations of the City
thereunder and all revenues and income derived by the City from the
mortgaged property, including, without limitation, all rentals received
by the City from the leasing of the mortgaged property and in particular
the rentals and profits received under and pursuant to the Lease Agreement.
4.
The Bond Fund and the Construction Fund, and all moneys and invest-
ments therein but subject to the provisions of this Indenture pertaining
thereto, including the making of disbursements therefrom.
5.
The Baxter Guaranty Agreement.
6.
Any and all other property of every kind and nature from time to
time which was heretofore or hereafter is by delivery or by writing of
any kind conveyed, mortgaged, pledged, assigned, or transferred, as and
for additional security hereunder, by the City or by any other person,
firm or corporation, to the Trustee, which is hereby authorized to
receive any and all such property at any time and at all times and to
hold and apply the same subject to the terms hereof.
TO HAVE AND TO HOLD all the same with all privileges and appur-
tenances hereby conveyed and assigned, or agreed or intended so to be, to
the Trustee and its successors in said trusts and to them and their
assigns forever.
IN TRUST NEVERTHELESS, upon the terms and trusts herein set
forth for the equal and proportionate benefit, security and pro-
tection of all holders and owners of the said Bonds and interest
coupons thereunto attached issued under and secured by this Inden-
ture without privilege, priority or distinction as to lien or
otherwise of any said Bonds or coupons thereto attached over any
of the other of said Bonds; provided, however, that if the City,
its successors or assigns, shall well and truly pay, or cause to
be paid, the principal of the Bonds and the interest due thereon,
at the times and in the manner provided in the Bonds and the in-
terest coupons appertaining to the Bonds, respectively, according
to the true intent and meaning thereof, and shall make the paYments
into the Bond Fund as required under Article V or shall provide, as
permitted hereby, for the paYment thereof by depositing or causing
to be deposited with the Trustee the entire amount due or to become
due thereon, and shall well and truly keep, perform and observe all
the covenants and conditions pursuant to the terms of this Indenture
to be kept, performed and observed by it, and shall pay to the Trustee
all sums of money due 0r to become due to it in accordance with the
terms and provisions hereof, then upon such final paYments this In-
denture and the rights hereby granted shall cease, determine and be
void; otherwise, this Indenture to be and remain in full force and
effect.
THIS INDENTURE FURTHER WITNESSETH that, and it is expressly
declared, all Bonds issued and secured hereunder are to be issued,
authenticated and delivered and all said revenues and income hereby
pledged are to be dealt with and disposed of under, upon and subject
to the terms, conditions, stipulations, covenants, agreements, trusts,
uses and purposes as hereinafter expressed, and the City has agreed
and covenanted, and does hereby agree and covenant, with the Trustee
and with the respective holders and owners, from time to time of the
said Bonds or coupons or any part thereof, as follows, that is to
say:
ARTICLE I
DEFINITIONS
Section 101. In addition to the words and terms elsewhere
defined in this Indenture, the following words and terms as used in
this Indenture shall have the following meanings:
"Act No. 9l! - Act No. 9 of the First Extraordinary Session of
the Sixty-Second General Assembly of the State of Arkansas, approved
January 21, 1960, as amended.
"Authorized Lessee Representative" - The person at the time
designated to act in behalf of the Lessee by written certificate
furnished to the Lessor and the Trustee containing the specimen sig-
nature of such person and signed on behalf of the Lessee by the
President or any Vice President of the Lessee. Such certificate may
designate an alternate or alternates.
"Authorized Lessor Representative" - The person at the time
designated to act in behalf of the Lessor by written certificate fur-
nished to the Lessee and the Trustee containing the specimen signature
of such person and signed on behalf of the Lessor by the Mayor. Such
certificate may designate an alternate or alternates.
"Baxter" - Baxter Laboratories, Inc., a Delaware corporation and
Guarantor under the Baxter Guaranty Agreement wherein Baxter guaran-
tees the ~rompt performance of all obligations of its subsidiary
(Travenol) under the Lease Agreement.
"Baxter Guaranty Agreement" - The Guaranty Agreement described
in Section 409 B. of this Indenture and which is the Guaranty Agree-
ment wherein Baxter guarantees the prompt performance of all obliga-
tions of its subsidiary (Travenol) under the Lease Agreement. A copy
is on file in the office of the Trustee.
"Bonds" - The City of Mountain Home, Arkansas Industrial Devel-
opment Revenue Bonds - Travenol Project, issued under and secured by
this Indenture, authorized in the total principal amount of $1,000,000.
"Bond Fund" - The City of Mountain Home, Arkansas Industrial De-
velopment Revenue Bond Fund - Travenol Project. The fund created by
Section 501 of the Indenture into which disbursements are to be made
for paying the principal of and interest on the Bonds in the manner and
for the purposes specified in Article V of the Indenture.
"City" - The City of Mountain Home, Arkansas, a municipality
under the laws of the state of Arkansas and situated in Baxter County,
Arkansas.
"City Recorder" - "Clerk" or "Recorder" - The person holding the
office and performing the duties of the Recorder of the City.
"Guaranty Agreement" or "Guaranty" - The agreement between Baxter
and the Trustee, dated as of March 1, 1967, pursuant to which Baxter
guarantees the full and prompt payment of the principal of, premiums, if
any, and interest on the Bonds. An executed copy is on file at the prin-
cipal office of the Trustee.
"holder" or "bondholder" - "owner of the Bonds" - The bearer of any
Bond not registered as to principal and the registered owner of any Bond
registered as to principal or as to principal and interest.
"Indenture" or "Trust Indenture" - This Trust Indenture together with
all indentures supplemental hereto.
"Lease Agreement" - The Lease and Agreement dated as of March 1,
1976, wherein the City is Lessor and Travenol is Lessee, recorded in the
office of the Circuit Clerk and Ex-Officio Recorder of Baxter County,
Arkansas, described in Section 409 hereof.
"Lessee" or "Travenol" - Travenol Laboratories, Inc., a Delaware
corporation. Travenol is Lessee under the Lease Agreement, and the ref-
erence includes any assignee pursuant to the pruvisions fufuereof.
"mortgaged property" - The properties and interest specified in the
granting clauses of this Indenture, as it may be supplemented from time
to time.
"outstanding hereunder" - "Bonds outstanding hereunder" - All Bonds
which have been authenticated and delivered under the Indenture except:
(a) Bonds cancelled because of payment or redemption prior to
maturity;
(b) Bonds for the payment or redemption of which cash or investment
securities shall have been theretofore deposited with the Trustee (whether
upon or prior to the maturity or redemption date of any such Bonds) pro-
vided that if such Bonds are to be redeemed prior to the maturity thereof,
notice of such redemption shall have been given or provision satisfactory
to the Trustee shall have been made therefor, or a waiver of such notice,
satisfactory in form to the Trustee, shall have been filed with the
Trustee· and
(c) Bonds in lieu of which others have been authenticated under
Section 208.
"Paying Agent" - 'fhe bank or trust company named by the City as the
place at which the principal of and interest on the bonds are payable.
The Paying Agent is the Trustee.
"permitted encumbrances" - (i) This Trust Indenture and the Lease
Agreement; (ii) utility, access and other easements and rights of way,
restrictions, reversions and exceptions that the Lessee certifies will
not interfere with or impair the operations being conducted in the Indus-
trial Plant; and (iii) such minor defects, irregularities, encumbrances,
easemEnts, rights-of-way and clouds on title as normally exist with
respect to properties similar in character to the Industrial Plant, and
as do not materially impair the property affected thereby for the purpose
for which' it was acquired or held by the City.
"person" - Includes natural persons, firms, associations, corpora-
tions and public bodies.
"Project" - The lands, buildings, improvements and facilities em-
bodied in and pertaining to the industrial project leased to Travenol
and being financed out of the proceeds of the Bonds, including the
properties in the trust estate. The Project will be utilized by Travenol
for the conduct of its business, including, without iimitation, the manu-
facture of such products as Travenol shall determine to manufacture.
"revenues" - The income, charges, and moneys realized from the lease,
sale or other disposition of the mortgaged property, including all rentals
and other sums to be received under the Lease Agreement.
"Series 1976 Bonds" - The initial series of Bonds being issued under
and secured by this Indenture in the principal amount of $1,000,000.
"Trustee" - The Trustee for the time being, whether original or suc-
cessor, with the original Trustee being Union National Bank of Little Rock,
Little Rock, Arkansas. The Trustee is also the Paying Agent.
"trust estate" - The same as the mortgaged property.
Section 102. Words of the masculine gender shall be deemed and con-
strued to include correlative words of the feminine and neuter geners.
Unless the context shall otherwise indicate, the words "Bond", "coupon",
"owner", "Holder" and lIpersonH shall include the plural, as well as the
singular, number.
ARTICLE II
THE BONDS
Section 201. No Bonds may be issued under the provisions of this

Indenture except in accordance with this Article.
Section 202. A.The Bonds shall be designated "City of Mountain
Home, Arkansas Industrial Development Revenue Bonds - Travenol Project,
Series 1976," and shall be in the principal amount of $1,000,000. The
Series 1976 Bonds shall be dated March 1, 1976, and interest thereon
shall be payable semiannually on March 1 and September 1 of each year,
commencing September 1, 1976. They shall be numbered consecutively
from 1 to 200, inclusive, shall be in the denomination of $5,000 each
and the principal thereof shall mature, unless sooner redeemed in the
manner in this Indenture set forth, on March 1 in each of the years set
forth in and in the amount set opposite each year in the following
schedule, which schedule also sets forth the Bond numbers and the in-
terest rates:
YEAR BOND NUMBERS INTEREST RATE PRINCIPAL AMOUNT

(March 1)
1984 1 - 10 6.75% 50,000

1985 11 - 21 " 55,000
1986 22 - 32
33 - 44
" 55,000
60,000
1987
7.00%
" 65,000
1988 45 - 57
1989 58 71 " 70,000
1990 72 86 " 75,000
80,000
1991 87 - 102 "
1992 103 - 119
120-137
"
6.75%
85,000
90,000
1993
1994 138 157 " 100,000
1995 158 178 II
105,000
1996 179 200 II
110,000
B. Additional Bonds may be subsequently issued at any time for

the purpose of paying costs, expenses and expenditures in connection
with acquiring, constructing and equipping of the Project or any ex-
pansions and additions and the expenses of Issuing Bonds. Such addi-
tional Bonds shall be dated, interest shall be payable semiannually, may
have serial maturities or all may have the same maturity, or a combina-
tion thereof, may contain provisions for redemption prior to maturity
and may contain such other provisions not inconsistent with the provi-
sions of this Indenture, all as shall be set forth in the ordinance of
the City Council authorizing their issuance. Such Additional Bonds shall
be secured by this Indenture and shall rank on a parity of security in all
respects with the Bonds of previously issued series. The ordinance shall
set forth the details concerning the Additional Bonds, which details shall
be embodied in a supplemental trust indenture by and between the City and
the Trustee, and an executed copy of each supplemental trust indenture,
together with a certified copy of each authorizing ordinance, shall be
filed with the Trustee prior to delivery of any such Additional Bonds.
In addition there must be filed with the Trustee (i) an executed copy
of a supplemental lease agreement increasing the basic rent in the amount
necessary to provide for the prompt paYment of the principal of and
interest on the Additional Bands of the particular series then being
issued and (ii) a supplemental guaranty agreement specifying that the
Baxter Guaranty Agreement covers the Lease Agreement as supplemented by
the supplemental lease agreement so increasing the basic rent, and the
opinion of counsel recognized in the field of municipal Bonds that the
delivery of the Additional Bonds will not affect the tax exemption on
the Series 1976 Bonds. When there shall have been filed with the Trustee
a certified copy of the ordinance, an executed copy of the supplemental
trust indenture, an executed copy of the supplemental lease agreement
and an executed copy of the supplemental guaranty agreement, all as
aforesaid, and an opinion of counsel satisfactory to the Trustee approv-
ing the Additional Bonds of the series then proposed to be issued, the
Trustee shall authenticate the Additional Bonds when executed and de-
livered to it with the seal of the City affixed and deliver such Addi-
tional Bonds as provided in the supplemental trust indenture.
Section 203. The Bonds shall be executed on behalf of the City
.by the Mayor (by his manual or facsimile signature) and the City Clerk
(by his manual signature) thereof and shall have impressed thereon the
seal of the City. The coupons attached to the Bonds shall be executed
by the facsimile signature of the Mayor. The Mayor shall file the cer-
tificate required by Act No. 69 of the Acts of Arkansas of 1959 and
otherwise comply with the provisions of that Amt, and his facsimile
signature shall have the same force and effect as if he had personally
signed. The Bonds, together w~th interest thereon, shall be payable
from the lIBond Fund," as hereinafter set forth, and shall be a valid
claim of the holders thereof, only against such fund and the revenues
pledged to such fund (but in addition shall be secured by a lien on and
security interest in the Project, subject to the Lease Agreement and Per-
mitted Encumbrances), which revenues are hereby pledged and mortgaged for
the equal and ratable payment of the Bonds and shall be used for no other
purpose other than to pay the principal of and interest on the Bonds, and
the Paying Agent's fees, except as may be otherwise expressly authorized
in this Indenture. The Bonds and interest thereon shall not constitute
an .indebtedness of the City within the meaning of any constitutional or
statutory provision. In case any officer whose signature or facsimile
of whose signature shall appear on the Bonds shall cease to be such
officer before the delivery of such Bonds, such signature or such fac-
simile shall nevertheless be valid and sufficient for all purposes, the
same as if he had remained in office until delivery.
Section 204. Only such Bonds as shall have endorsed thereon a Cer-
tificate of Authentication substantially in the form hereinabove set forth
duly executed by the Trustee shall be entitled to any right or benefit
under this Indenture. No Bond and no coupon appertaining to any Bond shall
be valid and obligatory for apy purpose unless and until such Certificate
of Authentication shall have been duly executed by the Trustee, and such
Certificate of the Trustee upon any such Bond shall be conclusive evidence
that such Bond has been authenticated and delivered under this Indenture.
The Trustee's Certificate of Authentication on any Bond shall be deemed to
have been executed if signed by an authorized officer of the Trustee, but
it shall not be necessary that the same officer sign the Certificate of
Authentication onaall of the Bonds issued hereunder. Before authenticating
or delivering any Bonds, the Trustee shall detach and cancel all matured
coupons, if any, appertaining thereto, and such cancelled coupons shall be
cremated by the Trustee.
Section 205. The Bonds issuedhunder this Indenture and the coupons
attached thereto shall be~substantially in the form hereinabove set forth
with such appropriate variations, omissions and insertions as are per-
mitted or requiredLby t:tiisIndenture.
Section 206. Upon the execution and delivery of this Indenture, the
City shall execute and deliver to the Trustee and the Trustee shall authen-
ticate the Series 1976 Bonds and deliver them to the purphaser upon pay-
ment of the purchase price plus accrued interest from the date of the
Series 1976 Bonds to the date of delivery, and the Trustee shall be en-
titled to rely upon any certificate, ordinance or resolution as to the
purchase price and the purchasers.
Section 207. This Indenture is given in order to secure funds to pay
for new construction and by reason thereof, it is intended that this In-
denture shall be superior to any laborers', mechanics or materialmen's
liens which may be placed upon the Project.
Section 208. In case any Bond issued hereunder shall become mutilated
or be destroyed or lost, the City shall, if not then prohibited by law,
cause to be executed and the Trustee may authenticate and deliver a new
Bond of like date, number, maturity and tenor in exchange and substitution
for and upon cancellation of such mutilated Bond and its interest coupons,
or in lieu of and in substitution for such Bond and its coupons destroyed
or lost, upon the holder's or owner's paying the reasonable expenses and
charges of the City and the Trustee in connection therewith, and, in the
case of a Bond destroyed or lost, his filing with the Trustee evidence
satisfactory to it that such Bond and coupons were destroyed or lost, and
of his ownership thereof, and furnishing the City and Trustee with indem-
nitysatisfactory to them. The Trustee is hereby authorized to authenti-
cate any such new Bond. In the event any such Bonds or coupons shall
jave matured, instead of issuing a new Bond or coupon, the City may pay
the same without the surrender thereof.
Section 209. Title to any Bond, unless such Bond is registered in
the manner herein provided, and to any interest coupon shall pass by
delivery in the same manner as a negotiable instrument payable to bearer.
The City shall cause books for the registration and for the trans-
fer of the Bonds as provided in this Indenture to be kept by the
Trustee as bond registrar. At the option of the bearer, any Bond
may be registered as to principal alone on such books, upon presen-
tation thereof to the bond registrar, which shall make notation of
such registration thereon. Any Bond registered as to principal
may thereafter be transferred only upon an assignment duly executed
by the registered owner or his attorney or legal representative in
such form as shall be satisfactory to the bond registrar, such trans-
fer to be made on such books and encorsed on the coupon by the bond
registrar. Such transfer may be to bearer and thereafter transfera-
bility by delivery shall be restored, subject, however, to successive
reg~trations and transfers as before. The principal of any Bond
registered as to principal alone, unless registered to bearer, shall
be payable only to or upon the order of the registered owner or his
legal representative, but the coupons appertaining to any Bond regis-
tered as to principal shall remain payable only to or upon the order
of the registered owner or his legal representative, but the coupons
appertaining to any Bond registered as to principal shall remain pay
able to bearer notwithstanding such registration, provided, that if
upon registration of any such Bond, or at any time thereafter while
registered in the name of the owner, the unmatured coupons attached
evidencing interest to be thereafter paid thereon shall be surrendered
to said bond registrar a statement to the effect will be endorsed
thereon and thereafter interest evidenced by. such surrendered coupons
may be paid by check or draft by said bond registrar at the times pro-
vided therein to the registered owner by mail to the address shown on
the registration books. Each of the Bonds when converted as afore-
said into a Bond registered as to both principal and interest may be
reconverted into a coupon Bond at the written request of the regis-
tered owner and upon presentation at the office of said Bond registrar.
Upon such reconversion the coupons representing tge interest to be-
come due thereafter to the date of maturity will be attached to the
Bond and a statement will be endorsed thereon by said bond regiatrar
in the registration blank on the back of the Bond whether it is then
registered as to principal or payable to bearer. No charge shall be
made to any bondholder for the privilege of registration and transfer
hereinabove granted, but any bondholder requesting any such regis-
tration or transfer shall pay any tax or other governmental charge
required to be paid with respect thereto. As to any Bond registered
as to principal, the person in whose name the same shall be registered
shall be deemed and regarded as the absolute owner thereof for all
purposes and payment of or on account of the principal of any such
Bond shall be made only to or upon the order of the registered owner
thereof, or his legal representative, and neither the City, the
Trustee, nor the bond registrar shall be affected by any notice to
the contrary but such registration may be changed as herein provided.
All such payments shall be valid and effectual to satisfy and dis-
charge the liability upon ;such coupon Bond to the extent of the sum
or sums so paid. The City, the Trustee, the bond registrar and the
Paying Agent may deem and treat the bearer of any Bond which shall
not at the time be registered as to principal, and the bearer of any
coupon appertaining to any Bond, whether such Bond be registered as
to principal or not, as the absolute owner of such Bond or coupon,
as the case may be, whether such Bond or coupDn shall be overdue or
not, for the purpose of receiving payment thereof and for all other
purposes whatsoever, and neither the City, the Trustee, the bond
registrar nor the Paying Agent shall be affected by any notice to
the contrary.
Section 210. All Bonds and coupons which areppaid, either at
maturity or redemption prior to maturity (including unmatured coupons
to any Bond which is redeemed), shall be cancelled and, at the option
of the Trustee, either (i) cremated, shredded or otherwise disposed
of or (ii) returned to the City. In the case of cremating, shredding
or other disposition pursuant to (i) above, the Trustee shall exe-
cute and forward to the City an appropriate certificate describing
the Bonds involved and the manner of disposition.
ARTICLE III
REDEMPTION OF BONDS BEFORE MATURITY
Section 301. The Series 1976 Bonds shall be subject to redemption
prior to maturity as follows:
(1) The Serie~ 1976 Bonds shall be redeemed from the procedds of
condemnation of all or substantially all of the Project or from Travenol
exercising an option to purchase pursuant to the provisions of Section
2002 A of the Lease Agreement, in whole but not in part, at any time, at
a redemption price equal to the principal amount being redeemed plus ac-
crued interest to the redemption date, and plus a premium of 3% if redeemed
on or prior to March 1, 1992, and no premium if redeemed thereafter. .
(2) The Series 1976 Bonds may be redeemed on and after March 1, 1986,
at the option of the City, from funds from any other source, in whole or
in part, on any interest paYment date, in inverse numerical order, with
there to be no partial redemption of any Bond, at a redemption price equal
to the principal amount of the Bonds being redeemed plus accrued interest
to the date of redemption and plus a premium of 3% if redeemed on or prior
to March 1, 1992, and no premium if redeemed thereafter.
Section 302. Notice of the call for redemption shall be published
one time in a newspaper published in the City of Little Rock, Arkansas,
and having a general circulation throughout the State of Arkansas, which
publication shall not be less than thirty (30) days prior to the date of
redemption. In addition, notice of redemption shall be mailed by regis-
tered or certified mail to the registered owner of any Bond registered
as to principal addressed to such registered owner at his registered ad-
dress and placed in the mails not less than thirty (30) days prior to the
date fixed for redemption. In the event that all of the Bonds are regis-
tered as to principal, notice in writing by registered or certified mail
to the owner or owners thereof not less than thirty (30) days prior to the
date fixed for redemption shall be sufficient, and published notice of the
call for redemption need not be given. Each notice shall specify the
numbers and the maturities of the Bonds being called, and the date on which
they shall be presented :for payment. After the date specified in such
call, the Bond or Bonds so called will cease to bear interest provided
funds for their paYment have been deposited with the Trustee, and, except
for the purpose of paYment, shall no longer be protected by the Indenture
and shall not be deemed to be outstanding under'the provisions of the
Indenture.
Section 303. The Bonds of any series issued under the provisions of
Section 202B. ma~ be made subject to redemption, in whole or in part, in
such manner, at such times and at such prices as may be provided in the
ordinance authorizing their issuance.
Section 304. All unpaid coupons which appertaillnto Bonds so called
for redemption and which shall have become payable on or prior to the
date of redemption shall continue to be payable to the bearers severally
and respectively upon the presentation and surrender o:f such coupons.
ARTICLE IV
GENERAL COVENANTS
Section 401. ,The City soyenants that it will. promptly p~y or cause
to be~paid the principal of, redemption premium~, if any, and interest on
every Bond issued under this Indenture at. the place, on the dates and in
the manner provided herein~nd in said Bo~ds, and in the coupons apper-
taining thereto according to the tru~ intent and meaning thereof. The
principal, redemption premiums and interest are payable solely from rev-
enues derived from the Project,which reve~ues are hereby specifically
pledged to the paYment thereof in the manner and to the extent~herein
specified, arid nothing in the Bonds or coupons or in this.lndenture
should be considered as pledging any other funds or assets .ofthe City
(except the securing o:f the indebtedness evidenced by the Bonds.and
RY.,
coupons by a l:j.enonand.s,ecu:(,i interest in the Proj ec t , subj ect to
the Lease Agreement and Permitted Encumbrances) •..Anything in this Inden-
ture to the contrary notwithstanding, it is understood that whenever the
City makes any covenants involving financial commitments, including, with-
out limitation, those in the various sections of this Article IV, it
pledges no funds or revenues other than those provided for in the Lease
Agreement and the revenues derived from the avails of the mortgaged
property, but nothing herein shall be construed as prohibiting the City
from using any other funds and revenues.
Section 402. The City covenants that it will faithfully per-
form at all times any and all covenants, undertakings, stipulations
and provisions contained in this Indenture, in any and every Bond
executed authenticated and delivered hereunder and in all ordi-
nances p~rtaining thereto. The City covenants that it is duly
authorized under the Constitution and the laws of the State of
Arkansas, including particularly and without lillmitationAct No.9,
to issue Bonds authorized hereby and to execute this Indenture and
to make the pledge and covenants in the manner and to the extent
herein set forth; that all action on its part for the issuance of
the Bonds and the execution and delivery of this Indenture has been
duly and effectively taken; and that the Bonds in the hands of the
holders and owners thereof are and will be valid and enforceable
obligations of the City according to the import thereof.
Section 403. The City covenants that it lawfully owns and is
lawfully possessed of the mortgaged property and that is has good
and merchantable title and estate therein, subject to permitted encum-
brances and the rights of the Lessee under the Lease Agreement, which
exceptions will not substantially interfere with the utilization of
the trust estate for the purposes intended, and that it warrants and
will defend ~aid title to the Trustee, its seccessors and assigns,
for the bendfit of the holders and owners of the Bonds against the
claims and demands of all persons whomsoever. The City covenants
that it will do, execute, acknowledge, and deliver or cause to be
done, executed, aCknowledged and delivered, such indenture or inden-
tures supplemental hereto and such further acts, instruments and
transfers as the Trustee may reasonably require for the better assur-
ing, transferring, mortgaging, pledging, assigning and confirming unto
the Trustee the trust estate.
Section 404. The City covenants that it will promptly cause to
be paid all lawful taxes, charges, assessments,imposts and govern-
mental charges at any time levied or a ssesseduupon or against the
trust estate, or any part thereof, which might impair or prejudice
the lien and priority of this Indenture; provided, however, that
nothing contained in this Section shall require the City to cause
to be paid any such taxes, assessments, imposts or charges so long
as the validity thereof is being contested in good faith and by ap-
propriate legal proceedings. It is understood that the City has made
provisions in the Lease Agreement for the paYment of such taxes,
charges, assessments, imposts and governmental charges, pursuant to
the terms of which the Lessee is obligated to pay the same as set
forth in the Lease Agreement, and so long as the Lease Agreement is
in force and effect the City shall be deemed to be in compliance
with its obligations under this Section 404.
Section ~05. The City covenants that it will at all times cause
the mortgaged property to be maintained, preserved and kept in good
condition, repair and working order, and that it will from time to
time cause to be made all needed repairs so that the operation and
business pertaining to the mortgaged property shall at all times be
conducted properly and so that the mortgaged property shall be fully
maintained. It is understood that the City has made provisions in
the Lease Agreement for such maintenance, pursuant to the terms of
which the Lessee is obligated to maintain the mortgaged property as
set forth in the Lease and Agreement, and so long as the Lease Agree-
ment is in force and effect the City shall be deemed to be in com-
pliance with its obligations under this Section 405.
Section 406. The City and the Trustee covenant that each of
them will cause this Indenture, the Lease Agreement, and all instru-
ments supplemental thereto, to be kept, recorded and filed in such
manner and in suSh places (if any) as may be required my law in order
fully to preserve and protect the security of the bondholders and
the rights of the Trustee hereunder.
Section 407. The City covenants that so long as any Bonds
issued hereunder and secured by this Indenture shall be outstanding
and unpaid, the City will keep or cause to bekkept, proper books of
record and account, in which full, true and correct entries will be
made of all dealings or transactions of and in relation to the Proj-
ect and the revenues derived from the Project. When requested by the
Trustee, the City agrees to have the said books of record and account
audited by an independent Certified Public Accountant. The audit
report shall contain at least the following information:
(a) All revenues derived from the Project and all expenses
incurred by the City in connection with the Project;
All paYments, deposits and credits to any paYments,

transfers and withdrawals from the funds created
under the provisions of this Indenture;
(c) The details pertaining to Bonds issued, paid and

redeemed; and
The amounts on hand in each fund showing the respective

amounts to the credit of each fund and any security held
therefor and showing the details of any investments
thereof.
The City further covenants that all books and documents relating
to the Project and the revenues derived from the Project shall at all
times be open to the inspection of such accountants or other agencies
as the Trustee may from time to time designate. In this regard, so long
as the Lease Agreement is in force and effect, records furnished by the
Lessor and Lessee to, or kept by, the Trustee in connection with its
duties as such shall be deemed to be in compliance with the City's ob-
ligations under this Section 407.
Section 408. To the extent that such information shall be made
known to the City under the terms of this Section, it will keep on file
at the office of the Trustee a list of names and addresses of the last
known holders of all Bonds payable to bearer and believed to be held by
each of such last known holders. Any bondholder may request that his name
and address be placed on said list by filing a written request with the
City or with the Trustee, which request shall include a statement of the
principal amount of Bonds held by such holder and the numbers of such
Bonds. Neither the City nor the Trustee shall be under any responsi-
bility with regard to the accuracy of said list. At reasonable times
and under reasonable regulations established by the Trustee, said list
may be inspected and copied by holders and/or owners (or a designated
representative thereof) of ten percent (10%) or more in principal amount
of Bonds outstanding hereunder, such ownership and the authority of any
such designated representative to be evidenced to the satisfaction of
the Trustee. Notice or report required herein to be given to the bond-
holders on such list shall also be given to the registered owners of all
Bonds registered as to principal or as to principal and interest reflected
on the book maintained by the bond registrar.
Section 409. A.It is understood and agreed that the Project has
been leased to Travenol under the Lease Agreement. The Lease Agreement
is recorded in the office of the Circuit Clerk and Ex Officio Recorder
of Baxter County, Arkansas, and an executed copy is on file in the office
of the Clerk of the City and in the office of the Trustee. Reference is
hereby made to the Lease Agreement for a detailed statement of the terms
and conditions thereof and for a statement of the rights and obligations
of the parties thereunder. The lien of this Indenture is subject and
subordinate to the Lease Agreement. The City agrees, upon the request
of the Trustee, to enforce all covenants and obligations of the Lessee
under the Lease Agreement and agrees that the Trustee, in its own name
or in the name of the City, may and is hereby granted the right to en-
force all rights of the Lessor and all obligations of the Lessee under
and pursuant to the Lease Agreement, whether or not the Lessor is in
default in its covenant to enforce such rights and obligations.
B. Baxter has unconditionally guaranteed the prompt performance
of the rental and all other obligations of the Lessee under the Lease
Agreement and the Baxter)Guaranty Agreement is pledged and assigned to
the Trustee as security for the paYment of the' principal of and interest
on the Bonds. All references herein to pledging the revenues derived from
the Project or the revenues derived from the mortgaged property shall
include all paYments under the Baxter Guaranty Agreement. Furthermore,
the City agrees, upon the request of the Trustee, to enforce all covenants
and obligations of the Guarantor under the Baxter Guaranty Agreement and
agrees that the Trustee, in its own Rameor in the name of the City, may
and is hereby granted the right to enforce all obligations of the Guarantor
under the Baxter~GuarantyAgreement,whether or not the City is in default
in its covenants to enforce-said obligations. Reference is hereby made
to the provisions of the Baxter Guaranty Agreement for a detailed state-
ment of the terms thereunder, including beneficiaries thereunder.
Section 410. The City covenants that so long as any Bonds
authorized by and issued under this Indenture are outstanding, it
will not sell or otherwise dispose of its interest in the mort-
gaged property, except in accordance with the provisions of the
Lease Agreement, and that it will not encumber the same, or any
part thereof, or its interest therein, or create or permit to be
created any charge or lien on the revenues derived therefrom, except
as provided in this Indenture.
Section 411. The City covenants that at all times while any
Bonds are outstanding, it will keep or cause to be kept the mortgaged
property insured against the perils and to the extent set forth in
the Lease Agreement and that the Trustee shall be named as a Party
insured pursuant to a standard mortgagee clause as its interest may
appear. It is understood that the City has made provisions in the
Lease Agreement for such insurance, pursuant to the terms of which
the Lessee is obligated to keep the property insured as set forth in
the Lease Agreement, and so long as the Lease Agreement is in force
and effect, the City shall be deemed to be in compliance with its
obligations under this Section 4~1.
Section 412. The City covenants that it has made all necessary
filings to effect an election with respect to the Bonds under Sec-
tion 103 (c) (6) (D) of the Internal Revenue Code of 1954, as amended.
Section 413. The City and the Trustee covenant that neither of
them shall 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 limit-
ing the generality of the foregoing, the City and the Trustee covenant
that the proceeds of the sale of the Bonds will not be used directly
or indirectly in such manner as to cause the Bonds to be treated as
"arbitrage bonds" within the meaning of Section 103(d) of the Internal
Revenue Code.
ARTICLE V
REVENUES AND FUNDS
Section 501. There ishhereby created and ordered to be estab-
lished with the Trustee a trust fund of and in the name of the City
to be designated "Mountain Home, Arkansas Industrial Development
Revenue Bond Fund - Travenol Project" (herein sometimes referred to
as the "Bond Fund").
Section 502. There shall be deposited into the Bond Fund as and
when received:
(a) The amount remaining in the Construction Fund (here-
inafter created) after all costs and expenses of and
in connection with the Project have been paid;
(b) All Basic Rent specified in Section 303 (a) of the

Lease Agreement;
(c) All paYments under the Baxter Guaranty Agreement;
(d) All paYments under the Guaranty; and
(e) All moneys received by the Trustee under andppursuant

to any of the provisions of the Lease Agreement or
this Indenture which are not directed to be paid into
a fund (or held) other than the Bond Fund. I
Furthermore, the City covenants and agrees that so long as any of the
Bonds secured by this Indenture are outstanding, it will at all times
deposit, or cause to be deposited, in the Bond Fund sufficient moneys
from revenues and income derived from the Project (whether or not
under and pursuant to the Lease Agreement) to promptly meet and pay
the principal of and interest on the Bonds as the same become due and
payable, and to this end the City covenants and agrees that,.so long
as any Bonds secured by this Indenture are outstanding, it will cause
the Project to be continuously and efficiently operated as a revenue
and income producing undertaking, and that should there be a default
under the Lease Agreement with the result that the right of possession
of the mortgaged property is returned to the City, the City will fully
cooperate with the Trustee and with the holders and registered owners
of the Bonds, to the end of fully protecting the rights and security
of the holders and registered owners of the Bonds, and if and when
requested by the Trustee, the City shall diligently proceed in good
faith and use its best efforts to secure another tenant for the Mort-
gaged Property to the end of at all times deriving sufficient revenues
and income from the Project to promptly meet and pay the principal of
and interest on the Bonds as the same become due and payable. Nothing
herein shall be construed as requiring the City to use any funds or
revenues from any sources other than funds and revenues derived from
the Project for the paYment of the principal of and interest on the
Bonds and discharging othe~ obligations of the City under this Trust
Indenture, but nothing herein shall be construed as prohibiting the
City from doing so.
Section 503. Moneys in the Bond Fund shall be used solely for the
paYment of the principal of (including applicable redemption premium, if
any) and interest on the Bonds either at maturity or at redemption prior
to maturity; provided, however, that such provisiDn shall not be con-
strued as prohibiting a refund to the Lessee under the Lease Agreement
of excess basic rents, if any, in accordance with the provisions of the
Lease Agreement.
Section 504. The Bond Fund shall be in the name of the City, desig-
nated as set forth in Section 501, and the City hereby irrevocably
authorizes and directs the Trustee to withdraw from the Bond Fund suf-
ficient funds to pay the principal of and interest on the Bonds at
maturity and redemption Dr prepaYment prior to maturity and to use
said funds for the purpose of paying said p~incipal and interest in
accordance with the provisions hereof pertaining to paYment, including
the making of necessary arrangements with the Paying Agent for the
handling of paYment by the Paying Agent and the transfer of funds to
the Paying Agent, which authorization and direction the Trustee hereby
accepts.
Section 505. In the event any Bonds shall not be presented for
paYment when the principal thereof becomes due, either at maturity or
otherwise, or at the date fixed for redemption thereof, or in the event
any coupon shall not be presented for paYment at the due date thereof,
if there shall have been deposited with the Paying Agent for that pur-
pose, or left in trust if previously so deposited, funds sufficient to
pay the principal thereof, together with all interest unpaid and due
thereon, to the date of maturity thereof, or to pay such coupon, as the
case may be for the benefit of the holder thereof or the holder of such
coupon, all liability of the City to the holder thereof for the paYment
of the principal thereof and interest thereon, or the holder of said
overdue coupon for the paYment thereof, as the case may be, shall forth-
with cease, determine and be completely discharged, and thereupon it
shall be the duty of the Paying Agent to hold such fund or funds, with-
out liability for interest thereon, for benefit of the holder of such
Bond, or the holder of such coupon, as the case may be, who shall there-
after be restricted exclusively to such fund or funds, for any claim of
whatever nature on his part under this Indenture or on, or with respect
to, said Bond or coupon.
Section 506. It is understood and agreed that pursuant to the
provisions of Section 303(b) of the Lease Agreement, the Lessee agrees
to pay as additional rent the fees, expenses and charges of the Trustee
and Paying Agent as authorized and provided by this Indenture and the
fees, expenses and charges of the City as authorized, required and pro-
vided by this Indenture and by the Lease Agreement. The Lessee is to
make paYments on statements rendered by the Trustee or by the City as
appropriate. All such additional rent paYments under the Lease Agree-
ment which are reueived by the Trustee shall not be paid into the Bond
Fund, but shall be set up in separate accounts appropriately designated
to identify the particular account and shall be expended solely for the
purpose for which such paYments are received, and the Trustee hereby
agrees to so establish said accounts and to make paYment therefrom for
said purposes.
Section 507. All monies required to be deposited with or paid to
the Trustee under any provision of this Indenture shall be held by the
Trustee in trust, and except for moneys deposited with or paid to the
Trustee for the redemption of Bonds, notice of which redemption has
been duly given, shall, while held by the Trustee, constitute part of
the trust estate and be subject to the lien hereof. Any moneys received
by or paid to the Trustee pursuant to any provisions of the Lease Agree-
ment calling for the Trustee to hold, administer and disburse the same in
accordance with the specific provlslons of the Lease Agreement shall
be held, administered and disbursed pursuant to said provisions, and
where required by the provisions of the Lease Agreement the Trustee
shall set the same aside in a separate account. The City agrees that
if it shall receive any moneys pursuant to applicable provisions of
the Lease Agreement the Trustee shall set the same aside in a separate
account. The City agrees that if it shall receive any moneys pursuant
to applicable provisions of the Lease Agreement, it will forthwith upon
receipt thereof, pay the same over to the Trustee to be held, adminis-
tered and disbursed by the Trustee in accordance with the provisions of
the Lease Agreement pursuant to which the City may have received the
same. Furthermore, if for any reason the Lease Agreement ceases to be
in force and effect while any Bonds are outstanding, the City agrees
that if it shall receive any moneys derived from the mortgaged property,
it will forthwith upon receipt thereof pay the same over to the Trustee
to be held, administered and disbursed by the Trustee in accordance with
provisions of the Lease Agreement that wo*ld be applicable-if the Lease
Agreement were then in force and effect, and if there be no such pro-
visions which would be so applicable, then the Trustee shall hold, ad-
minister and disburse such moneys solely for the discharge of the City's
obligations under this Indenture.
Section 508. Anything herein to the contrary notwithstanding, the
Trustee is authorized and directed to refund to the Lessee under the
Lease Agreement all excess amounts as specified in the Lease Agreement,
whether such excess amounts be in the Bond Fund or in special accounts.
ARTICLE VI
CUSTODY AND APPLICATION OF PROCEEDS OF BONDS
Section 601. The proceeds of the sale of the bonds shall be depos-
ited in a special account of the City in the Trustee, which account shall
be designated !!Industrial Development Revenue Bond Construction Fund -
Travenol Project" (the "Construction Fund!!).
Section 602. Moneys in the Construction Fund shall be expended
for Project costs as set forth in Section 203 of the Lease Agreement.
Such expenditure shall be in accordance with and pursuant to requisi-
tions which shall be signed by an Authorized Lessee Representative and
an Authorized Lessor Representative. Each requisition shall specify:
(1) The name of the person, firm or copporation to whom
paYment is to be made;
(2) The amount of the paYment;
(3) That the disbursement is for a proper expense of or

pertain~ng to the Project; and
(4) The general classification of the expenditure.
The Trustee shall keep records concerning and reflecting all disburse-
ments from the Construction Fund and shall file an accounting of dis-
bursements if and when requested by the City or by Travenol. The Trustee
shall make paYment from the Construction Fund pursuant to and in accord-
ance with said requisitions.
Section 603. Whenever the City and Travenol jointly notify the
Trustee in writing (which may be by the same writing or in different
writings) that any balance remaining in the Construction Fund will not
be needed for completion of the Project, the remaining balance shall be
deposited in the Bond Fund.
ARTICLE VII
INVESTMENTS
Section 701. (a) Moneys held for the credit of the Construction
Fund shall, upon direction by the Authorized Lessee Representative, be
invested and reinvested by the Trustee in (i) direct obligations of, or
obligations the principal of and interest on which are guaranteed by, the
United States, (ii) certificates of deposit of banks or trust companies,
including the Trustee, organized under the laws of the United States or
any State thereof,having maturity dates, or subject to redemption by the
holder at the option of the holder, on or prior to the dates the funds
will be needed as reflected by a statement of the Authorized Lessee
Representative which statement must be on file with the Trustee prior
to any investment.
(b) Moneys held for the credit of the Bond Fund or any other fund
or account shall to the extent practicable be invested and reinvested in
direct obligations of, or obligations the principal of and interest on
which are guaranteed by, the United states, which will mature, or which
will be subject to redemption by the holder thereof at the option of the
holder, not later than the date or dates on which the money held for
credit of the particular fund shall be required for the purposes inten-
ded. The Trustee shall so invest and reinvest pursuant to instructions
from the Authorized Lessee Representative.
(c) Obligations so purchased as an investment of moneys in any such
fund or account shall be deemed at all times a part of such fund. Any
profit and income realized from such investments shall be credited to the
fund and any loss shall be charged to the fund.
ARTICLE VIII
POSSESSION, USE AND
RELEASE OF MORTGAGED PROPERTY
Section 801. So long as not otherwise provided in this Trust
Indenture, the City and any Lessee of the City shall be suffered and
permitted to possess,use and enjoy the mortgaged property and appurten-
ances.
Section 802. The Trustee shall be authorized, when requested by
the City, to join with the City in taking the necessary steps, or, if
required, to execute an appropriate release of the lien of this Indenture,
to grant sewer, utility, road and street easements over, along, across
and under the mortgaged property, provided that the location of any such
easements and the nature thereof shall not interfere with the present or
logical future use of the mortgaged property by the Lessee, or to execute
an appropriate release of the lien of this Indenture in the case of a
partial condemnation (or threat of condemnation) of the Project covered
by Section 1501 B of the Lease Agreement, and in either case, the Trustee
shall be entitled to rely upon and act in accordance with a certificate
of a duly qualified engineer, who may be an engineer employed by the
Lessee of the Lease Agreement, and the prior written approval of the
Lessee of the Lease Agreement shall be obtained in each instance.
Section 803. It is hereby recognized by the City andtthe Trustee
that the Lessee under the Lease Agreement, to the extent provided in
Article XXIV, has reserved the right therein to obtain the release from
the lien of this Indenture of certain of the mortgaged lands. Upon a
sufficient showing to the Trustee that the terms, provisions and con-
ditions of the Lease Agreement pertaining to such release have been met
and satisfied, the Trustee~shall, and is hereby authorized and directed
to, take the necessary steps to release said lands from the lien of this
Indenture. Furthermore, it is recognized that the City may issue Bonds
(in addition to the Bonds secured by this Indenture) to finance the cost
of any such expansion program, and nothing in this Indenture shall be
construed as prohibiting the City from issuing Bonds for such purpose,
from entering into a separate lease agreement with the Lessee under the
Lease Agreement, or entering into a supplemental lease agreement with the
Lessee under the LeaseciAgreement, or the Lessee's authorized successors
and assigns, from pledging the rentals derived from any such separate
lease agreement or any such supplemental lease solely to the paYment of
the Bonds then being issued, from placing a first lien by mortgage on and
pledging all revenues derived from any lands and improvements covered by
said separate lease agreement or said supplemental lease agreement, and
on any facilities, equipment and other properties purchased, constructed,
or otherwise acquired out of the proceeds of the Bonds then being issued,
even though some of said property may be located on lands and improve-
ments constituting part of the mortgaged property under this Trust Inden-
ture and even though some of said property may have been released from
the lien of this Trust Indenture pursuant to the provisions of this
Article. Also, without releasing the lien of this Indenture, the City
may place a lien upon any portion of the mortgaged property under this
Trust Indenture as security for the Bonds then being issued, or make a
pledge of any of the revenues pledged under this Trust Indenture in
favor of the Bonds then being issued, so long as any such lien on the
mortgaged property covered by this Trust Indenture and any such pledge
is subordinate to the lien and pledge Qf this Trust Indenture to and
in favor of the Bonds secured hereby.
Section 804. Provided no event of default exists, any "building
serv.ice equipment" and any of "Lessor!s machinery and equipment", as those
terms are defined in the Lease Agreement,may be removed, sold, replaced or
otherwise disposed of as provided in the Lease Agreement, and, without
limitation, particularly in Article :xxv thereof, and the Trustee shall,
and is hereby authorized to, upon a showing to the Trustee of compliance
with the said applicable provisions of the Lease Agreement pertaining
to such removal, sale, replacement or disposition, take the necessary
steps to release the said properties from the lien of this Indenture. The
proceeds of any such removal, sale or other disposition shall be handled
by the Trustee in accordance with the provisions of the Lease Agreement,
including, without limitation, the provisions of Article :xxv thereof. Any
equipment, machinery, fixtures and personal property obtained in exchange
or in lieu of any property sold, removed or disposed of under this Section
804 shall automatically become and be subject to the lien of this Indenture
as if specifically mortgaged hereby. The City will, however, upon written
request by the Trustee, convey the same to the Trustee by an indenture
supplemental hereto in form and substance satisfactory to the Trustee, or
other appropriate instrument as requested by the Trustee, and cause the
same to be recorded and filed in such manner as the Trustee requests, to
secure and continua the lien of this Indenture thereon.
ARTICLE IX
DISCHARGE OF LIEN
Section 901. If the City shall payor cause to be paid to the holders
and 0wners of the Bonds and coupons the principal and interest to become
due thereon at the times and in the manner· stipulated therein, and if the
City shall keep, perform and observe all and singular the covenants and
promises in the Bonds and in this Indenture expressed as to be kept, per-
formed and observed by it on its part, then these presents and the estate
and rights hereby granted shall cease, determine and be void, and there-
upon the Trustee shall cancel and discharge the lien of this Indenture,
and execute and deliver to the City such instruments in writing as shall
be requisite to satisfy the lien hereof, and reconvey to the City the
estate hereby conveyed, and assign and deliver to the City any property
at the time subject to the lien of this Indenture which may then be in its
possession, except cash held by it for the paYment of the principal af and
interest on the Bonds.
Bonds and coupons for the paYment or redemption of which moneys or
investment securities, as hereafter defined in this Section, shall have been
deposited with the Trustee (whether upon or prior to the maturity or the
redemption date of such Bonds) shall be deemed to be paid within the mean-
ing of this Indenture; provided, however,. that if such Bonds are to be re-
deemed prior to the maturity thereof, notice of such redemption shall have
been duly given. "Investment securities!! shall mean direct or fully guar-
anteed obligations of the United States of America maturing on or prior to
the maturity or redemption date of the Bonds and in determining the suf-
ficiency of the deposit there shall be considered the principal amount of
such investment securities and interest to be earned thereon until the
maturity of such investment securities.
The City may at any time surrender to the Trustee for cancellation by
it any Bonds previously authenticated and delivered hereunder, together
with any unpaid coupons thereto belonging, which the City may have acquired
in any manner whatsoever, and such Bonds and coupons, upon such surrender
and cancellation, shall be deemed to be paid and retired.
ARTICLE X
DEFAULT PROVISIONS AND REMEDIES
OF TRUSTEE AND BONDHOLDERS
Section 1001. If any of the following events occur, subject to the
provisions of Section 1013 hereof, it is hereby defined as and declared
to be and to constitute an "event of default":
(a) Default in the due and punctual payment of any interest
on any Bond hereby secured and outstanding;
(b) Default in the due and punctual payment of any moneys
required to be paid to the Trustee under the provisions of Article
V hereof;
(c) Default in the due and punctual payment of the principal of,
and premium, if any, on any Bond hereby secured and outstanding, whether
at the stated maturity thereof, or upon proceedings for redemption thereof,
or upon the maturity thereof by declaration;
(d) Default in the performance or observance of any other of the
covenants, agreements or conditions on its part in this Indenture, or in
the Bonds contained, and the continuance thereof for a period of sixty
(60) days after written notice to the City by the Trustee or by the
holders of not less than ten percent (10%) in aggregate principal amount
of Bonds outstanding hereunder.
The term "defaultll shall mean default by the City in the performance
or observance of any of the covenants, agreements or conditions on its
part contained in this Indenture, or in the Bonds outstanding hereunder,
exclusive of any period of grace required to constitute a default an "event
of default" as hereinabove provided.
Section 1002. Upon the occurrence of an event of default, the
Trustee may, and upon the written request of the holders of twenty-five
percent (25%) in aggregate principal amount of Bonds outstanding hereunder,
shall, by notice in writing delivered to the City, declare the principal
of all Bonds hereby securad then outstanding and the interest accrued
thereon immediately due and payable and such principal and interest shall
thereupon become and be immediately due and payable.
Section 1003. Upon the occurrence of an event of default, the City,
upon demand of the Trustee, shall forthwith surrender to it the actual
possession of, and it shall be lawful for the Trustee, by such officer
or agent as it may appoint, to take possession of, all or any part of the
mortgaged property with the books, papers and accounts of the City per-
taining thereto and to hold, operate and manage the same, and from time
to time to make all needful repairs and improvements as by the Trustee
shall be deemed wise; and the Trustee, with or without such permission,
may collect, receive and sequester the tolls, rents, revenues, issues,
earnings, income, products and profits therefrom and out of the same and
any moneys received from any receiver of any part thereof pay, and/or set
up proper reserves for the payment of, all proper costs and expenses of
so taking, holding and managing the same, including reasonable compensa-
tion to the Trustee, its agents and counsel, and any charges of-sthe
Trustee hereunder and any taxes, and assessments and other charges prior
to the lien of this Indenture which the Trustee may deem it wise to pay,
and all expenses of such repairs and improvements, and apply the remainder
of the moneys so received by the Trustee in accordance with the provisions
of Section 1008 hereof. Whenever all that is due upon such Bonds and
installments of interest under the terms ofthis Indenture shall have
been paid and all defaults made good, the Trustee shall surrender pos-
session to the City, its successors o::rassigns; the same right of entry,
however, to exist upon any subsequent event of default.
While in possession of such property the Trustee shall render annually
to the holders and registered owners of the Bonds, at their addresses as
set forth in the list required by Section 408 hereof, and on the bond
registration book maintained by the Trustee, a summarized statement of
income and expenditures in connection therewith.
Section 1004. Upon the occurrence of an event of default, the
Trustee may, as an alternative, proceed either after entry or without
entry, to pursue any available remedy by suit at law or in equity to
enforce the payment of the principal of and interest on the Bonds then
outstanding hereunder, including, without limitation, foreclosure and
mandamus.
If an event of default shall have occurred, and if it shall have
been requested so to do by the holders of twenty-five percent (25%) in
aggregate principal amount of Bonds outstanding hereunder and shall have
been indemnified as provided in Section 1101 hereof, the Trustee shall
be obligated to exercise such one or more of the rights and powers con-
ferred upon it by this Section and by Section 1003 as the Trustee, being
advised by counsel, shall deem most expedient in the interests of the
bondholders.
No remedy by the terms of this Indenture conferred upon or reserved
to the Trustee (or to the bondholders) is intended to be exclusive of any
other remedy, but each and every such remedy shall be cumulative and shall
be in addition to any other remedy given hereunder or now or hereafter
existing at law or in equity or yy statute.
No delay or omission to exercise any right or power accruing upon any
default or event of default shall impair any such right or power or shall
be construed to be a waiver of any such default or event of default or
acquiescense therein; and every such right and power may be exercised from
time to time and as often as may be deemed expedient.
No waiver of any default or event of default hereunder, whether by
the Trustee or by the bondholders, shall extend to or shall affect any sub-
sequent default or event of default or shall impair any rights or remedies
consequent thereon.
Section 1005. Anything in this Indenture to the contrary notwith-
standing the holders of a majority in aggregate principal amount of Bonds
outstanding hereunder shall have the right,at any time, by an instrument
or instruments in writing executed and delivered to the Trustee, to direct
the method and place of conducting all proceedings to be taken in connec-
tion with the enforcement of the terms and conditions of this Indenture,
or for the appointment of a receiver or any other proceeding hereunder;
provided that such direction shall not be otherwise than in accordance
with the provisions of law and of this Trust Indenture.
Section 1006. Upon the occurrence of an event of default, and upon
the filing of a suit or other commencement of judici~l proceedings to en-
force the rights of the Trustee and of the bondholders under this Indenture,
the Trustee shall be entitled, as a matter of right, to the appointment of
a receiver or receivers of the mortgaged property and of the tolls, rents,
revenues, issues, earnings, income products and profits thereof, pending
such proceedings with such powers as the court making such appointment
shall confer.
Section 1007. In case of an event of default on its part, as afore-
said, to the extent that such rights may then lawfully be waived, neither
the City nor anyone claiming through it or under it shall or will set up,
claim, or seek to take advantage of any appraisement, valuation, stay,
extension or redemption laws now or hereafter in force, in order to pre-
vent or hinder the enforcement of this Indenture, but the City, for it$elf
and all who may claim through or under it, hereby waives, to the extent
that it lawfully may do so, the benefit of all such laws and all right of
appraisement and redemption to which it may be entitled under the laws of
the State of Arkansas.
Section 1008. Available moneys remaining after discharge of costs,
charges and liens prior to this Indenture shall be applied by the Trustee
as follows:
(a) Unless the principal of all the Bonds shall have become or shall
have been declared due and payable, all such moneys shall be applied:
First: To the payment to the persons entitled thereto of all install-
ments of interest then due, in the order of the maturity of the installments
of such interest, and, if the amount available shall not be sufficient to
pay in full any particular installment, then to the payment ratably, ac-
cording to the amounts due on such installment, to the persons entitled
thereto, without any discrimination or privilege.
Second: To the payment to the persons entitled thereto of the unpaid
principal of any of the Bonds which shall have become due (other than Bonds
called for redemption for the payment of which moneys are held pursuant to
the provisions of this Indenture), in the order of their due dates, with
interest on such Bonds from the respective dates upon which they become due,
and, if the amount available shall not be sufficient to pay in full Bonds
due on any particular date, together with such interest, then to the pay-
ment ratably, according to the amount of principal due on such date, to
the persons entitled thereto without any discrimination or privilege; and
Third: To the payment of the interest on and the principal of the
Bonds, and to the redemption of Bonds, all in accordance with the provi-
sions of Article V of this Indenture.
(b) If the principal of all the Bonds shall have become due or shall
have been declared due and payable, all such moneys shall be applied to
the payment of the principal and interest then due and unpaid upon the
Bonds, without preference or priority of principal over interest or of
interest over principal, or of any Bond over any other Bond, ratably, ac-
cording to the amounts due respectively for principal and interest, to the
person entitled thereto without discrimination or privilege.
(c) If the principal of all the Bonds shall have been declared due
and payable, and if such declaration shall thereafter have been rescinded
and annulled under the provisions of this Article, then, subject to the
provisions of paragraph (b) of this Section in the event that the principal
of all the Bonds shall later become due or be declared due and payable,
the moneys shall be applied in accordance with the provisions of para-
graph (a) of this Section.
Whenever moneys are to be applied by the Trustee pursuant to the
provisions of this Section, such moneys shall be applied by it at such
times, and from time to time, as it shall determine, having due regard
to the amount of such moneys available for application and the likelihood
of additional moneys becoming available for such application in the future.
Whenever the Trustee shall apply such funds, it shall fix the date (which
shall be an interest paYment date unless it shall deem another date more
suitable) upon which such application is to be made and upen such date
interest on the amounts of principal to be paid on such dates shall cease
to accrue. The Trustee shall give such notice as it may deem appropriate
of the deposit with it of any such moneys and of the fixing of any such
date and shall not be required to make paYment to the holder of any unpaid
coupon or any Bond until such coupon or such Bond and all unmatured coup on s,
if any, appertaining to such Bond shall be presented to the Trustee for
appropriate endorsement or for cancellation if fully paid.
Section 1009. All rights of action (including the right to file
proof of claim) under this Indenture or under any of the Bonds or coupons
may be enforced by the Trustee without the possession of any of the Bonds
or coupons or the production thereof in any trial or other proceeding
relating thereto and any such suit or proceeding instituted by the Trustee
shall be brought in its name as Trustee, without the necessity of joining
as plaintiffs or defendants any holders of the Bonds hereby secured, and
any recovery of judgment shall be for the equal benefit of the holders of
the outstanding Bonds and coupens.
Section 1010. No holder of any Bond or coupon shall have any right
to institute any suit, action or proceeding in equity or at law for the
enforcement of this Indenture or for the execution of any trust hereof
or for the appointment of a receiver or any other remedy hereunder, unless
a default has occurred of which the Trustee has been notified as provided
in subsection (g) of Section 1101, or of which by said subsection it is
deemed to have notice, nor unless such default shall have become an event
IDf default and the holders of twenty-five percent (25%) linaggregate prin-
cipal amount of Bonds outstanding hereunder shall have made written re-
quest to the Trustee and shall have offered it reasnnable opportunity
either to proceed to exercise the powers hereinbefore granted or to in-
stitute such action, suit or proceeding in its own name, nor unless also
they have offered to the Trustee indemnity as provided in Section 1101 nor
unless the Trustee shall thereafter fail or refuse to exercise the powers
hereinbefore granted, or to institute such action, suit or proceeding in
its own name; ,and such notification, request and offer of indemnity are
hereby declared in every such case at the option of the Trustee to be
conditions precedent to the execution of the powers and trusts of this
Indenture, and to any action or cause of action for the enforcement of
this Indenture or for the appointment of a receiver or for any other
remedy hereunder; it being understood and intended that no one or more
holders of the Bonds or coupons shall have any right in any manner what-
soever to affect, disturb or prejudice the lien of this Indenture by his
or their action or to enforce-any right hereunder except in the manner
herein provided,-and that all proceedings at law or in equity shall be
instituted, had and maintained in the manner herein provided for the equal
benefit of the holders of all Bonds outstanding hereunder. Nothing in this
Indenture contained shall, however, affect or impair the right of any
bondholders to enforce the paYment of the principal of and interest on any
Bond at and after the maturity thereof, or the obligation of the City to
pay the principal of and interest on each of the Bonds issued hereunder to
the respective holders thereof at the time and place in said Bonds and the
app-urtenantcouponsexpressed.
Section 1011. In case the-Trustee shall have proceeded to enforce
any right under this Indenture by the appointment of a receiver, by entry
or otherwise, and such proceedings shall have been discontinued or aban-
doned for any reason, or shall have been determined adversely to the
Trustee, then and_in every such case the City and the Trustee shall be
restored to their former positions and rights hereunder with respect to
the property herein conveyed, and all rights, remedies and powers of the
Trustee shall continue as if no such proceedings had heen taken, except to
the extent the Trustee is legally bound by such adverse determination.
Section 10i2. The Trustee may in its discretion waive any event of
default hereunder and its consequences and rescind any declaration of
maturity of principal and shall do so upon the written request of the
holders of fifty percent (50%) in principal amount of all Bonds
outstanding hereunder, provided, however, that there shall not be
waived (a) any event of default in the paYment of the principal
of any Bonds issued hereunder and ouffitandinghereunder at the
date of maturity specified therein or (b) any default in the pay-
ment of the interest unless prior to such waiver orrescission all
arrears of principal (due otherwise than by declaration) and in-
terest and all expenses of the Trustee and Paying Agent, shall have
been paid or provided for, and in case of any such waiver or resciss-
ion the City, Trustee and the bondholders shall be restored to their
former positions and rights hereunder respectively; but no such waiver
or rescission shall extend to any subsequent or other default, or im-
pair any right consequent thereon.
Section 1013. Anything herein to the contrary notwithstanding,
no default (other than a default under Section 1001 (a), (b) and (c)
hereof to which this Section 1013 shall not be applicable) shall con-
stitute an event of default until actual notice of such default by
registered or certified mail (with or without return receipt requested)
shall be given to the Lessee under the Lease Agreement, and the Lessee
under the Lease Agreement shall have had sixty (60) days after receipt
of such notice to correct said default or cause said default to be
corrected, and the Lessee under the Lease Agreement shall not have
corrected said default or caused said default to be corrected within
said sixty (60) day period; provided, however, if said default be such
that it cannot be corrected within sixty (60) days, it shall not con-
stitute an event of default if corrective action is instituted within
said sixty (60) day period and diligently pursued until the default is
corrected. With regard to any alleged default concerning which notice
is given to the Lessee under the Lease Agreement under the provisions
of this Section 1013, the City names and appoints the Lessee under the
Lease Agreement as its attorney in fact and agent with full authority
to perform any covenant or obligations of the City alleged in said
notice to constitute a default in the name and stead of the City with
full power to do any such things and acts to the same extent that the
City eoulliddo and perform any such things and acts and with power of
substitution. In this regard, it is agreed that the parties hereto
have familiarized themselves with the terms and provisions of the
Lease Agreement.
Section~14. The rights and remedies provided in favor of the
Trustee and the holders of the Bonds by the provisions of this Inden-
ture are in each case subject to the proviso that each and every such
right and remedy shall be and may be exercised only subject and sub-
ordinate to the rights of said Lessee under the Lease Agreement.
ARTICLE XI
THE TRUSTEE
Section 1101. The Trustee hereby accepts the trusts imposed
upon it by this Indenture, and agrees to perform said trust as an
ordinarily prudent trustee under a corporate mortgage, but only upon
and subject to the following expressed terms and conditions:
(a) The Trustee may execute any of the trusts or powers hereof
and perform any duties required of it by or through attorneys, agents,
receivers or employees, and shall be entitled to advice of counsel
concerning all matters of trusts hereof and its duties hereunder, and
may in all cases pay reasonable compensation to all such attorneys,
agents, receivers and employees as may reasonably be employed in con-
nection with the trusts hereof. The Trustee may act upon the opinion
or advice of any attorney, surveyor, engineer or accountant selected
by it in the exercise of reasonable care, or, if selected or retained
by the City prior to the occurrence of a default of which the Trustee
has been notified as provided in subsection (g) of this Section 1101,
or of which by said subsection the Trustee is deemed to have notice,
approved by the Trustee in the exer~ise of such care. The Trustee
shall not be responsible for any loss or damage resulting from an
action or non-action in accordance with any such opinion or advice.
(b) The Trustee shall not be responsible for any recital herein
or in said Bonds (except in respect to the certificate of the Trustee'
endorsed on such Bonds), or for the recording or re-recording filing
or re-filing of this Indenture, or for insuring the property herein
conveyed or collecting any insurance moneys, or for the validity of the
execution by the City of this Indenture or of any supplemental indentures
or instrument of further assurance, or for the sufficiency of the security
for the Bonds issued hereunder or intended to be secured hereby, or for
the value of the title of the property herein conveyed or oth~rwise as
to the maintenance of the security hereof; except that in the event the
Trustee enters into possession of a part or all of the property herein
conveyed pursuant to any provision of this Indenture, it shall use due
diligence in preserving such property; and the Trustee shall not be bound
to ascertain or inquire as to the performance or observance of any cov~
enants, conditions or agreements on the part of the City, except as here-
inafter set forth; but the Trustee may requirE3cLofthe City full informa-
tion and advice as to the performance of the covenants, conditions and
agreements aforesaid as to the condition of the property herein conveyed.
(c) The Trustee may become the owner of Bonds and coupons secured
hereby with the same rights which it would have if not Trustee.
(d) The Trustee shall be protected in acting upon any notice, re-
quest, consent, certificate, order, affidavit, letter, telegram or other
paper or document believed by it, in the exercise of reasonable care, to
be genuine and correct and to have been signed or sent by the proper
person or persons. Any action taken by the Trustee pursuant to this
Indenture upon the request or authority or consent of the owner of any
Bond secured hereby, shall be conclusive and binding upon all future
owners of the same Bond and upon Bonds issued in exchange therefor or in
place thereof.
(e) As to the existence or non-existence of any fact or as to the
sufficiency or validity of any instrument, paper or procedding, the Trustee
shall be entitled to rely upon a certificate of the City signed by its
Mayor and attested by the City Clerk as sufficient evidence of the facts
therein contained and prior to the occurrence of a default of which it has
been notified as provided in subsection (g) of this Section 1101, or of
which by said sub sec t Lcnr.f.fiu.deemedto haveuno t.Lce.eland sha L! also be
at liberty to accept a similar certificate to the effect that any particu-
lar dealing, transaction or action is necessary or expedient, but may at
its discretion, at- the reasonable expense of the City,- in every case
secure such further evidence asxit may think necessary or advisable but
shall in no case be bound to secure the same. The Trustee may accept a
certificate of the City Clerk of the City under its seal to the effect
that a resolution or ordinance in the form therein set forth has been
adopted by the City as conclusive evidence that such resolution or ordi-
nance has been duly adopted, and is in full force and effect.
(f) The permissive right of the. Trustee t.oddo things enumerated in
this Indenture shall not be construed as a deuty of the Trustee, and the
Trustee shall be answerable only for its own negligence or willful default.
(g) The Trustee shall not-be required to take notice or be deemed to
have notice of any default hereunder except a default under Section 1001
(a) or (c) or failure by the City to make or cause to be made any of the
payments to the Trustee Fequired to be made by Article V unless the
Trustee shall be specifically notified in writing of such default by the
City or by the holders of at least ten percent (10%) in aggregate princi-
pal amount of Bonds outstanding hereunder and all notices or other instru-
ments required by this Indenture to be delivered to the Trustee must, in
order to be effective, be delivered to the office of the Trustee, and in
the absence of such notice so delivered, the Trustee may conclusively
assume there is no default except as aforesaid.
- (h) The Trustee shall not be .personally liable for any debts con-
tracted or for damages to persons or to personal property injured or
damaged, or for salaries or non-fulfillment of contracts during any
period in which it may be in the pessession of or managing the real and
tangible personal property as in this Indenture provided~ -
(i) .At any!and all reasonable times the Trustee, and its duly
authorized agents, attorneys, experts, engineers, accountants and repre-
sentatives, shall have the right fully to inspect any and all of the
property herein conveyed, including all books, papers and records of the
City pertainingtto the Project and the Bonds, and to take such memoranda
from and in regard thereto as may be desired.
(j) The Trustee shall not be required to give any bond or surety
in respect to-the execution of-the said truststand powers or otherwise
in respect of the premises.
(k) Notwithstanding anything elsewhere in this Indenture contained,
the Trustee shall have the right, but shall not be required, to demand,
in respect of the authentication or.sany Bonds, the withdrawal of any cash,
the release of any property, or any action whatsoever within the purview
of this Indenture, any showings, certificate, opinions, appraisals, or
other information, or corporate action or evidence thereof, in
addition to that by the terms hereof required as a condition of
such action by the Trustee, deemed desirable for the purpose of
establishing the right of the City to the authentication of any
Bonds, the withdrawal of any cash, the release of any property, or
the taking of any other action by the Trustee.
(1) Before taking such action hereunder, the Trustee may
require that it be furnished an indemnity bond satisfactory to it
for the reimbursement m it of all expenses to which it may be put
and to protect it against all liability, except liability which is
adjudicated to have resulted from the negligence or willful default
of the Trustee, by reason of any action so taken by the Trustee.
Section 1102. The Trustee shall be entitled to paYment and/or
reimbursement for its reasonable fees for services rendered hereunder
and all advances, counsel fees and other expenses reasonably and
necessarily made or incurred by the Trustee in and about the execu-
tion of the trusts created by this Indenture and in and about the
exercise and performance bj the Trustee of the powers and duties of
the Trustee hereunder, and for all reasonable and necessary costs and
expenses incurred in defending any liability in the premis.es of any
character whatsoever (unless such liability is adjudicated to have
resulted from the negligence or willful default of the Trustee). All
such fees, costs and expenses of the Trustee must be consistent with
those charged by other trustees of industrial development revenue
bond issues under similar oircumstances at the times involved. The
City has made provisions in the Lease Agreement for the paYment of
said reasonable and necessary advances, fees, costs and expenses and
reference is hereby made to the Lease Agreement for the provisions so
made. In this regard, it is understood that the City pledges no funds
or revenues other than those derived from and the avails of the mort-
gaged property to the paYment of any obligation of the City set forth
in this Indenture, including the obligations set forth in this Sec-
tion 1102, but nothing herein shall be construed as prohibiting the
City from using any other funds and revenues for the paYment of any
oftts obligations under this Indenture. Upon default by the City, but
only upon default, pursuant to the provisions of this Indenture per-
taini~g to default, the Trustee shall have a first lien with right of
paYment prior to paYment on account of principal or interest of any
Bond issued hereunder upon the mortgaged property for said reasonable
and necessary advances, fees, costs and expenses incurred by the
Trustee.
Section 1103. The Trustee shall be required to make demand to
the Lessee and the Guarantor and to give notice to each holder of the
Bonds, as follows:
(a) If the Lessee, or the Guarantor on its behalf, shall fail to
make any paYment of basic rent or additional rent on the day such pay-
ment is due and payable, the Trustee shall make demandmpon the Lessee
and Guarantor for paYment on the next succeeding business day.
(b) If a default occurs of which the Trustee is by Section 1101(g)
deemed to have notice or is notified by the City or by the holders of
at least 10% in aggregate principal amount of Bonds then outstanding,
the Trustee shall give notice to the Lessee and the Guarantor and to
each registered owner of Bonds then outstanding and to each bondholder
of Bonds outstanding on the list maintained pursuant to the provi-
sions of Section 408 hereof.
Section 1104. In any judicial proceeding to which the City is a
party and which in the opinion of the Trustee and its counsel has a
substantial bearing on the interests of owners of Bonds issued here-
under, the Trustee may intervene on behalf of bondholders and shall do
so if requested in writing by the owners of at least ten percent (10%)
of the aggregate principal amount of Bonds outstanding hereunder. The
rights and obligations of the Trustee under this Section 1104 are
subject to the approval of the court having jurisdiction in the
premises.
Section 1105. Any bank or trust company into which the Trustee
may be merged, or with which it may be consolidated, or to which it
may sell or transfer its trust business and assets as a whole or sub-
stantially as a whole, or any bank or trust company resulting from any
~uch sale, merger, consolidation or transfer to which it is a party,
lpSO facto, shall be and become successor tr.ustee hereunder and vested
with all of the title to the whole property or trust estate and all
the trusts, powers, discretions, immunities, privileges, and all other
matters as was its predecessor, witl1l.outthe execution or filing of any
instrument or any further act, deed or conveyance on the part of any
of the parties hereto, anything herein to the contrary notwithstanding;
provided, however, that such successor trustee shall have capital and
surplus of at least $3,000,000.
Section 1106. The Trustee and any successor trustee may at any
time resign from the trusts hereby created by giving thirty (30) days
written notice to the City, and such resignation shall take effect at
the end of such thirty (30) days, or upon the earlier appointment of a
successor trustee by the bondholders or by the City. Such notice may
be served personally or sent by registered mail.
Section 1107. The Trustee may be removed at any time by an instru-
ment or concurrent instruments in writing delivered to the Trustee and
to the City, and signed by the owners of a majority in aggregate prin-
cipal amount of Bonds outstanding hereunder.
Section 1108. In case the Trustee hereunder shall resign or be
removed, or be dissolved, or shall be in course of dissolution or liqui-
dation, or otherwise become incapable of acting hereunder, or in case it
shall be taken under the control of any public officer or officers, or of
a receiver appointed by the court, a successor may be appointed by the
owners of a majority in aggregate principal amount of Bonds outstanding
hereunder, by an instrument or concurrent instruments in writing signed
by such owners, or by their attorneys in fact, duly authorized; provided,
nevertheless, that in case of such vacancy the City by an instrument
executed and signed by its Mayor and attested by its City Clerk under
its seal, shall appoint a temporary trustee to fill such vacancy until
a successor trustee shall be appointed by the bondholders in the manner
above provided; and any such temporary trustee so appointed by the City
shall immediately and without further act be superseded by the trustee
so appointed by such bondholders. Every such temporary trustee and every
such successor trustee shall be a trust company or bank in good standing,
having capital and surplus of not less than $3,000,000.
Section 1009. Every successor or temporary trustee appointed here-
under shall execute, acknowledge and deliver to its predecessor and also
to the City anUnstrument in writing accepting such appointment hereunder,
and thereupon such successor or temporary trustee, wffithoutany further
act or conveyance, shall become Jftullyvested with all the estates,
properties, rights, powers, trusts, duties and obligations of its pre-
decessor; but such predecessor shall, nevertheless, on the written re-
quest of the City or of its successor trustee, execute and deliver an
instrument transferring to such successor all the estate, properties,
rights, powers and trusts of such predecessor hereunder; and every
predecessor trustee shall deliver all securities, moneys and any other
property held by it as trustee hereunder to its successor. Should any
instrument in writing from the City be required by any successor trustee
for more fully and certainly vesting in such successor the estates, rights,
powers and duties hereby vested or intended to be vested in the predeces-
sor trustee, any and all such instruments in writing shall, on request,
be executed, ackno~ledged and delivered by the Ci~y. The resignation of
any trustee and the instrument or instruments removing any trustee and
appointing a successor hereunder, together with all other instruments
provided for in this Article shall, at the expense of the City, be forth-
with filed and/or recorded by the successor trustee in each recording
office where the Indenture shall have been filed and/or recorded.
Section 1110. In case the City shall fail seasonably to pay or to
cause to be paid any tax, assessment or governmental or other charge upon
any part of the property herein conveyed, to the extent, if any, that the
City may be liable for same, the Trustee may pay such tax, assessment
or governmental charge, without prejudice, however, to any rights of the
Trustee or the bondholders hereunder arising in consequence of such
failure; and any amount at any time so paid under this Section shall be
repaid by the City from the revenues derived from the mortgaged property
upon demand, and shall become so much additional indebtedness secured
by this Indenture, and the same shall be given a preference in payment
over. any of said> Bonds , ~and,shal1be':p~idout,i of the proceeds of revenues
collected from the mortgaged property if not paid by the City; but the
Trustee shall be under no obligation to make any such payment unless it
shall have been requested to do so by the holders of at least ten percent
(10%) of the aggregate principal amount of Bonds outstanding hereunder
and shall have been provided with adequate funds for the purpose of such
payment.
Section 1111. The resolutions, opinions,certificates and other
instruments provided for in this Indenture may be accepted and relied
upon by the Trustee as conclusive evidence of the facts and conclusions
stated therein and shall be full warrant, protection and authority to
the Trustee for the payment and withdrawal of cash hereunder.
Section 1112. 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.
Section 1113. There shall be paid the standard and customary Paying
Agent's fees and charges of the Paying Agent for handling the paYment of
the principal of, premium, (if any) and interest on the Bonds, and funds
sufficient to pay the same shall be deposited with the Paying Agent prior
to the dates on which paYments are required to be made on principal and
interest.
Section 1114. The City and the Trustee shall have power to appoint
and upon the request of the Trustee the City shall for such purpose join
with the Trustee in the execution of all instruments necessary or proper
to appoint another corporation or one or more persons approved by the
Trustee and satisfactory to the Lessee under the Lease Agreement by vir-
tue of an event of default or otherwise, either to act as co...•
trustee or
co-trustees jointly with the Trustee of all or any of the property subject
to the lien hereof, or to act as separate trustee or trustees of all or
any such property, with such powers as may be provided in the instrument
of appointment and to vest in such corporation or person or persons as
such separate trustee or co-trustee any property, title, right or power
deemed necessary or desirable. In the event that the City shall not have
joined in such appointment within fifteen days after the receipt by it of
a request so to do, the Trustee alone shall have the power to make such
appointment. Should any deed, conveyance or instrument in writing from
the City be required by the separate trustee or co-trustee so appointed
for more fully and certainly vesting in and confirming to him or to it
such properties, rights, powers, trusts, duties and obligations, any and
all such deeds conveyances and instruments in writing shall, or request,
be executed, acknowledged and delivered by the City. Every such co-
trustee and separate trustee shall, to the extent permitted by law, be
appointed subjec~ to the following provisions and conditions, namely:
(1) The Bonds shall be authenticated and delivered, and all powers,
duties, obligations and rights conrerred upon the Trustee in respect
6f the custody of all money and securities pledged or deposited here-
under, shall be exercised solely by the Trustee; and
(2) The Trustee, at any time by an instrument in writing, may

remove any such separate Trustee or co-trustee.
Every instrument, other than this Indenture, appointing any such co-
trustee or sepa ra t e trustee, shall refer to this Indenture and thecondi-
tions of this Article XI expressed, and upon the acceptance in writing by
such separate trustee or co-trustee, he, they or it shall be vested with
the estate or property specified in such instrument, jointly with the
Trustee (except insofar as local law makes it necessary for any separate
trustee to act alone), subject to all the trusts, conditions and provi-
sions of this Indenture. Any such separate trustee or co-trustee may at
any time, by an instrument in writing, constitute the Trustee as his,
their, or its agent or attorney-in-fact with full power and authority, to
the extent authorized by law, to do all acts and things and exercise all
discretion authorized or permitted by him, them or it, for and on behalf
of him, them or it and in his, their or its name. In case any separate
trustee or co-trustee shall die, become incapable of acting, resign or be
removed, all the estate, properties, rights, powers, trusts, duties and
obligations of said separate trustee or co-trustee shall vest in and be
exercised by the Trustee until the appointment of a new trustee or a
successor to such separate trustee or co-trustee.
ARTICLE XII
SUPPLEMENTAL INDENTURES
. Section 1201. The City and the Trustee may, from time to time,
wlthout the approval of any bondholder, enter into such indentures sup-
plemental hereto as shall not be inconsistent with the terms and provi-
sions hereof (which supplemental indenture shall hereafter form a part
hereof), (a) to cure any ambiguity or formal defect or omission in this
Indenture or in any supplemental indenture, or· (b) to grant to or confer
upon the Trustee for the benefit of the bondholders any additional rights,
remedies, powers, authority or security that may lawfully be granted to or
conferred upon the bondholders or the Trustee or (c) to subject to the
lien and pledge of this Indenture additional revenues, properties or
collateral or (d) in connection with the issuance of additional Bonds
pursuant to the provisions of Section 202 B. hereof.
Section 1202. Subject to the terms and provisions contained in this
Section, and not othe rwf se , the holders of not less than two-thirds (2/3)
in aggregate principal amount of the Bonds then outstanding shall have
the right, from time to time, anything contained in this Indenture to
the contrary notwithstanding to consent to and approve the execution by
the City and the Trustee of such indenture or indentures supplemental
hereto as shall be deemed necessary and desirable by the City for the
purpose of modifying, altering, amending, adding to or rescinding, in any
particular, any of the terms or provisions contained in this Indenture or
in any supplemental indenture; provided, however, that nothing herein con-
tained shall permit, or be construed as permitting (a) an extension of the
maturity of the principal of or the interest on any Bond issued hereunder,
or (b) a reduction in the principal amount of any Bond or the rate of
interest thereon, or (c) the creation of a lien upon the Project or a
pledge or revenues pledged to the Bonds other than the lien and pledge
created by this Indenture, or (d) a privilege or priority of any Bond or
Bonds over any other Bond or Bonds, or (e) a reduction in the aggregate
principal amount of the Bonds required for consent to such supplemental
indenture. Nothing herein contained, however, shall be construed as making
necessary the approval of bondholders of the execution of any supplemental
indenture as provided in Section 1201 of this Article.
If, at any time the City shall request the Trustee to enter into any
supplemental indenture for any of the purposes of this Section, the
Trustee shall, at the expense of the City, cause notice of the proposed
execution of such supplemental indenture to be published one time in a
daily newspaper of general circulation published in the City of Little
Rock, Arkansas. Also a copy of the notice shall be mailed by first class
mail to each registered owner at his address on the bond registration book
maintained by the Trustee. Such notice shall briefly set forth the nature
of the proposed supplemental indenture and shall state that copies thereof
are on file at the principal office of the Trustee for inspection by bond-
holders. If all outstanding Bonds are registered as to principal or as
to principal and interest notice by first class mail only shall be re-
quired and it shall not be necessary to publish the notice. The Trustee
shall not, however, be subject to any liability to any bondholder by reason
of its failure to publish or mail such notice, and any such failure shall
not affect the validity of such supplemental indenture when consented to
and approved as provided in this Section. If the holders of not less than
two-thirds (2/3) in aggregate principal amount of the Bonds outstanding
at the time of the execution of any such supplemental indenture shall have
consented to and approved the execution thereof as herein provided, no
holder of any Bond shall have any right to object to any of the terms and
provisions contained therein, or the operation thereof, or in any manner
to question the propriety of the execution thereof, or to enjoin or re-
strain the Trustee or the City from executing the same or from taking any
action pursuant to the provisions thereof. Upon the execution of any such
supplemental indenture, this Indenture shall be and be deemed to be modi-
fied and amended in accordance therewith.
Section 1203. Anything herein to the contrary notwithstanding, a
supplemental indenture under this Article XII shall not become afective
unless and until the Lessee under the Lease Agreement shall have consented
to the execution and delivery of such supplemental indenture. In this
regard, the Trustee shall cause notice of the proposed execution and
delivery of any such supplemental indenture together with a copy of the
proposed supplemental indenture to be mailed by certified or registered
mail to the Lessee under the Lease Agreement at least fifteen (15) days
prior to the proposed date of execution and delivery of any such supple-
mental indenture. The Lessee under the Lease Agreement shall be deemed
to have consented to the execution and delivery of any such supplemental
indenture if the .Trustee receives a letter or other instrument signed by
an authorized officer of the Lessee under the Lease Agreement expressing
said consent.
ARTICLE XIII
AMENDMENT TO LEASE AGREEMENT OR
BAXTER GUARANTY AGREEMENT
Section 1301. The Trustee may from time to time, and at any time,
consent to any amendment, change or modification of the Lease Agreement
or the Baxter Guaranty Agreement for the purpose of curing any ambiguity
or formal defect or omission or making any other change herein, which in
the reasonable judgment of the Trustee is not to the prejudice of the
Trustee or the holders of the Bonds. The Trustee shall not consent to
any other amendment, change or midification of the Lease Agreement or
the Baxter Guaranty Agreement without the approval or consent of the
holders of not less than two-thirds (2/3) in aggregate principal amount
of the Bonds at the time outstanding, evidenced in the manner provided
in Section 1401 hereof.
Section 1302. If at any time the City or Lessee under the Lease
Agreement or the Guarantor under the Baxter Guaranty Agreement shall
request the Trustee's consent to a proposed amendment, change or modi-
fication to be published one time in a newspaper published in the City
of Little Rock, Arkansas, and of general circulation throughout the
State of Arkansas. Also a copy of the notice should be mailed by first
class mail to each registered owner at his address on the bond regis-
tration book maintained by the Trustee. Such notice shall briefly set
forth the nature of such proposed amendment, change or modification and
shall state that copies of the instrument embodying the same are on file
in the principal office of the Trustee for inspection by any interested
bondholder. If all outstanding Bonds are registered as to principal or
as to principal and interest, notice by first class mail only shall be
required and it shall hot be necessary to publish the notice. The
Trustee shall not, however, be subject to any liability to any bond-
holder by reason of its failure to publish or mail such notice, and any
such failure shall not affect the validity of such amendment, change or
modification when consented by the Trustee in the manner hereinabove
provided.
ARTICLE XIV
MISCELLANEOUS
Section 1401. Any request, direction, objection or other instrument
required by this Indenture to be signed and executed by the bondholders
may be in any number of concurrent writings of similar tenor and may be
signed or executed by such bondholders mperson or by agent appointed in
writing. Proof of the execution of any such request, direction, objec-
tion or other instrument or of the writing appointing any such agent
and of the ownership of Bonds, if made in the following manner, shall
be sufficient for any of the purposes of this Indenture, and shall be
conclusive in favor of the Trustee with regard to any action taken by
it under such request or other instrument, namely:
(a) The fact and date of the execution by any person of any such
writing may be proved by the certificate of any officer in any juris-
diction who by law has power to take acknowledgments within such juris-
diction that the person signing such writing acknowledged before him the
execution thereof, or by an affidavit of any witness to such execution.
(b) The fact of holding by any person of Bonds and/or coupons
transferable by delivery and the amounts and numbers of such Bonds, and
the date of the holding of the same,may be proved by a certificate execu-
ted by any trust company, bank or bankers, wherever situated, stating that
at the date thereof the party named mherein did exhibit to an officer of
such trust company or bank or to such banker, as the property of such
party, the Bonds and/or coupons therein mentioned if such certificate shall
be deemed by the Trustee to be satisfactory. The Trustee may, in its dis-
cretion, require evidence that such Bonds have been deposited with a bank,
bankers or trust company, before taking any action based on such ownership.
For all purposes of the Indenture and of~the proceedings for the en-
forcement thereof, such person shall be deemed to continue to be the holder
of such Bond until the Trustee shall have received notice in writing to
the contrary.
Section 1402. With the exception of rights herein expressly con-
ferred, nothing expressed or mentioned in or to be implied from this
Indenture, or the Bonds issued hereunder, is intended or shall be con-
strued to give to any person or company other than the parties hereto,
and the holders of the Bonds and coupons secured by this Indenture any
legal or ~quitable rights, remedy or claim under or in respect to this
Indenture or any covenants, conditions and provisions hereof being in-
tended to be and being for the sole exclusive benefit of the parties
hereto and the holders of the Bonds and coupons hereby secured as herein
provided.
Section 1403. If any provisions of this Indenture shall be held or
deemed to be or shall, in fact be inoperative or unenforceable as applied
in any particular case in any jurisdiction or jurisdictions or in all
jurisdictions or in all cases because it conflicts with any provisions
or any constitution or statute or rule of public policy, or for any other
reason, such circumstances shall not have the effect of rendering the
provision in question inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision or provisions herein
contained invalid, inoperative or unenforceable to any extent whatever.
The invalidity of anyone or more phrases, sentences, clauses or
paragraphs in this Indenture contained shall not affect the remaining
portions of this Indenture or any part thereof.
Section 1404. 1m shall be sufficient service of any notice, request,
complaint, demand or other paper on the City if the same shall be duly
mailed to the City by registered or certified mail addressed to the Mayor
of the City or to such address as the City may from time to time file with
the Trustee.
Section 1405. This Indenture shall be considered to have been execu-
ted in the State of Arkansas and it is the intention of the parties that
the substantive law of the State of Arkansas governas to all questions of
interpretation, validity and effect.
Section 1406. This Indenture may be simultaneously executed in
several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
IN WITNESS WHEREOF, The City of Mountain Home, Arkansas, has caused
these presents to be signed in its name and behalf by its Mayor and its
corporate seal to be hereunto affixed and attested by its Clerk, and, to
evidence its acceptance of the trust hereby created, Union National Bank
of Little Rock, Little Rock, Arkansas, has caused these presents to be
signed in its behalf by ins and its corporate seal to be
hereto affixed and attested by its
RITY OF MOUNTAIN HOME, ARKANSAS

ATTEST:
By
Mayor
City Clerk
(SEAL)

TRUSTEE
ATTEST:
By
(title)
(title)
(SEAL)
Section 3. That the Mayor and City Clerk, for and on behalf of
the City, be, and they are hereby, authorized and directed to do any and
all things necessary to effect the execution and delivery of the Inden-
ture, its execution and acceptance by the Trustee, the performance of
all obligations of the City under and pursuant to the Indenture the
execution and delivery of the Series 1976 Bonds, the execution ~nd de-
livery of an Official Statement, and the performance of all acts of
whatever nature necessary to effect and carry out the authority con-
ferred by the Indenture and by this Ordinance. That the Mayor and
City Clerk be, and they are hereby, further authorized and directed, far
and on behalf of the City, to execute all papers, documents, certificates
and other instruments that may be required for the carrying out of such
authority or to evidence the exercise thereof.
Section 4. That the City is here involved with the acquiring, con-
structing and equipping of industrial facilities, and therefore, pursuant
to applicable laws of the State of Arkansas, including particularly Act
No.9, competitive bidding is waived.
Section 5. That 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 6. That all ordinances, resolutions and parts thereof
in conflict berewith are hereby repealed to the extent of such
conflict.
immediate ne~d for the securing and developing of industry in order
to provide emploYment and payrolls, alleviate unemploYment and
otherwise benefit the public health, safety and welfare of the City
and the inhabitants thereof, and the issuance of the Bonds authorized
hereby and the taking of the other action authorized hereby are
immediately necessary for the accomplishing of these public benefits
and purposes. It is, therefore, declared that an emergency exists
and this Ordinance being necessary for the immediate preservation
of the public peace, health and safety shall be in force and effect
immediately upon and after its passage.
PASSED:
'----/Y7 "" - ~7 6
{~;,,""-2
..•.•Yt~~,(L~.£
_--"- J' , 197 .
APPROVED:
ATTEST:
(SEAL)
Bond Ordinance - Baxter Lab

ORDINANCE NO. 449
AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND

BETWEEN THE CITY OF MOUNTAIN HOME, ARKANSAS, AS LESSOR,
AND TRAVENOL LABORATORIES, INC., AS LESSEE IN SUBSTANTIALLY
THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART OF
THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF
THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING

Arkansas:
Section 1. That there be, and there is hereby authorized the execu-
tion and delivery of a Lease and Agreement wherein the City of Mountain
Home, Arkansas (the "City"), is Lessor, and Travenol Laboratories, Inc.,
a Delaware corporation ("Travenol"), is Lessee, in substantially the form
and with substantially the contents hereinafter set forth, and the Mayor
and City Clerk be, and they are hereby, authorized to execute, acknowledge
and deliver the Lease and Agreement for and on behalf of the City. The
form and contents of the Lease and Agreement, which are hereby approved
and which are made a part hereof, shall be substantially as follows:
LEASE AND AGREEMENT
between

Lessor
and
TRAVENOL LABORATORIES, INC.

Lessee
LEASE AND AGREEMENT

TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Section 101 Definitions
Section 102 Use of Words
ARTICLE II
CONSTRUCTING AND EQUIPPING OF PROJECT
Section 201 Constructing and Equipping of Project
Section 202 Insurance to be Maintained on Project During Construction
Section 203 Itemization of Project Costs; Issuance of Additional Series;
Bond Proceeds to be Deposited in Construction Fund; Author-
ized Disbursements From Construction Fund
Section 204 Lessee to Have Peacefulaand Quiet EnjoYment
Section 205 Lessor Covenants to Enforce Contracts and Correct Defective
Work with Expenses Incurred Constituting Part of Project
Costs
ARTICLE III
DEMISING CLAUSES, DURATION OF LEASE TERM
AND RENTAL PROVISIONS
Section 301 Demise of Leased Premises
Section 302 Term of Lease and Agreement
Section 303 Basic Rent; Additional Rent; Absolute and Unconditional
Obligation to Pay Bas~c Rent and Additional Rent
Section 304 Method of PaYment of Basic Rent and Additional Rent
ARTICLE IV
TAXES AND ASSESSMENTS (IMPOSITIONS)
Section 401 Taxes and Assessments (~positions)
Section 402 Leased Premises Exempt From Ad Valorem Taxes; Contest
of Attempted Levy Authorized
ARTICLE V
INSURANCE
Section 501 Insurance Required
ARTICLE VI
REPAIRS AND MAINTENANCE OF
PREMISES AND ALTERATIONS
Section 601 Lessee Obligated to Maintain Buildingsaand Improvements
Section 602 Lessee Has Right to Make Additions, Alterations and
Changes
Section 603 Structural Improvements and Alterations Become Property
of Lessor; Machinery, Equipment and Other Property In-
stalled at Lessee's Expense Remain Its Property with
right of removal
Section 604 Property on leased premises at sole risk of lessee
Section 605 Lessee obligated to maintain Lessor's machinery and
equipment
ARTICLE VII
USE OF PREMISES -
COMPLIANCE WITH ORDERS, ETC.
Section 701 Permitted use of leased premises and compliance with
laws, etc.
Section 702 Lessor's Covenant not to impose burdensome laws, etc.
ARTICLE VIII
WORK PERFORMED BY LESSEE
Section 801 Obligations of parties concerning work on leased
premises and obtaining necessary permits
ARTICLE IX
MECHANICS' LIENS
Section 901 Lessee to Keep leased premises free of colltruction
liens
ARTICLE X
INDEMNIFICATION OF LESSOR AND TRUSTEE
Section 1001 Indemnification of Lessor and Trustee
ARTICLE XI
LESSOR MAY PERFORM LESSEE'S OBLIGATIONS
Section 1101 Lessor may perform Lessee's obligations; Lessee to
reimburse lessor for costs and expenses incurred in
doing so
ARTICLE XII
PUBLIC UTILITIES AND CHARGES
Section 1201 Lessee to pay public utility charges
ARTICLE XIII
INSBECTION OF LEASED PREMISES
BY TRUSTEE
Section 1301 Lessor to permit trustee inspection of leased premises
ARTICLE XIV
DAMAGE AND DESTRUCTION
Section 1401 Lessee to restore in event of damage or destr-uction;
application of insurance moneys
Section 1402 No dim~nution in Lessee's obligation to pay basic
rent and perform other covenants
Section 1403 Lessee not obligated to restore if purchase option
exercised or all outstanding bonds paid
ARTICLE XV
CONDEMNATION
Section 1501 Rights of parties in event of condemnation; bonds
protected in any event
Section 1502 Lessee obligated to continue basic and additional
rental payments until condemnation award available
Section 1503 Lessee's right to exercise options continues in
force notwithstanding condemnation proceedings
Section 1504 Right of lessee to participate in condemnation
proceedings.
ARTICLE XVI
ASSIGNMENT
Section 1601 Assignment and subletting permitted by Lessee not
relieved of obligations; Assignment to Trustee permitted
ARTICLE XVII
PRIORITY OF LEASE
Section 1701 Lease and Agreement superior and prior
ARTICLE XVIII
REMEDIES ARE CUMULATIVE -
NO IMPLIED WAIVER
Section 1801 Specific relief; Remedies are cumulative; no implied
waiver
ARTICLE XIX
DEFAULT PROVISIONS
Section 1901 Events of Default
Section 1902 Remedies
Section 1903 Remedies Not exclusive
Section 1904 Rental, damages and reletting handled as provided in
Lease and Agreement and Indenture
Section 1905 Lessor and Lessee covenant not to take any action or
permit any action which may cause interest on the bonds
to be subject to Federal income taxation
ARTICLE XX
LESSEE'S OPTIONS
Section 2001 Extension options
Section 2002 Purchase options
ARTICLE XXI
NOTICES
Section 2101 Notices
ARTICLE XXII
RECORDING
Section 2201 Recording
.ARTICLE XXIII
GENERAL
Section 2301 Arkansas Law Applicable
Section 2302 Severability
Section 2303 Captions for reference only
Section 2304 Trustee's rights cease when bonds and Trustee's fees
paid or provided for
Section 2305 Enforcement rights of Trustee
Section 2306 Provisions binding on successors and assigns
Section 2307 Trustee's consent required for modification
Section 2308 Lessee furnish Lessor and Trustee Annual Reports
Section 2309 Redemption of Bonds
Section 2310 Consolidation, Merger or Sale permitted in certain
circumstances
Section 2311 Lessor to grant sewer, utility, road and street easements
Section 2312 Lessor and Lessee covenant to keep instruments recorded
ARTICLE XXIV
Section 2401 Expansion of facilities
Section 2402 Provisions made in Trust Indenture for release of lands
involved in expansion from Lien of Indenture; consideration
paid for lands involved in expansion
Section 2403 No diminution of Lessee's obligations to pay basic and
additional rental
Section 2404 Lands that may be included in expansion
Section 2405 Rights under Article XXIV are in addition to other rights
and options under Lease and Agreement
ARTICLE x:xY
REMOVAL AND DISPOSAL OF PROPERTY
Section 2501 Lessee's rights and obligations concerning removal and
disposal of building service equipment
Section 2502 Lessee's rights and obligations concerning removal and
disposal of lessor's machinery and equipment
Section 2503 Lessee to report upon request dispositions or removals
under Sections 2501 and 2502
LEASE AND AGREEMENT
This LEASE AND AGREEMENT made as of this 3rd day of March,

1976, by and between the CITY OF MOUNTAIN HOME, ARKANSAS ("Lessor"
or "City") and TRAVENOL LABORATORIES, INC., a corporation organized
under and existing by virtue of the laws of the State of Delaware,
and authorized to do business in the State of Arkansas ("Lessee"):
WIT N E SSE T H :
WHEREAS, Lessor is a duly organized and existing municipality,
a city of the first class, under the laws of the State of Arkansas
with full and lawful power and authority to enter into this Lease
and Agreement, acting by and through its City Council, in the public
interest and for a public purpose in securing and developIng industry,
providing employment and adding to the welfare and prosperity of the
Lessor and its inhabitants, all pursuant to the provisions of Act No.
9 of the First Extraordinary Session of the Sixty-Second General
Assembly of the State of Arkansas, approved January 21, 1960, as
amended ("Act. No.9"); and
WHEREAS, Lessee is authorized under its Articles of Incorporation
and Bylaws and nnder the laws of the State of its incorporation to
enter into this Lease and Agreement and to perform all covenants and
obligations on its part to be performed under and pursuant to this
Lease and Agreement; and
WHEREAS, Lessee is not prohibited under the terms of any out-
standing trust indentures, deeds of trust, mortgages, loan agreements
or other instruments or evidences of indebtedness of whatever nature
from entering into this Lease and Agreement and discharging and per-
forming all covenants and obligations on its part to be performed
under and pursuant to this Lease and Agreement; and
WHEREAS, Lessee is not prohibited under the terms of any out-
standing trust indentures, deeds of trust, mortgages, loan agreements
or other instruments or evidences of indebtedness of whatevernature
from entering into this Lease and Agreement and discharging and per-
forming all covenants and obligations on its part to be performed
unaer and pursuant to this Lease and Agreement (or if so, a proper
waiver has been obtained) and affirmatively so represents to Lessor;
and
WHEREAS, the industrial project will involve the acquiring, con-
structing and equipping of an expansion to an existing manufacturing
plant which will consist of lands, buildings, machinery, equipment,
improvements and facilities (the "Project"); and
WHEREAS, Lessor and Lessee hereby recite knowledge that Lessor
has undertaken to furnish permanent financing of a portion of Project
costs and expenses of authorizing and issuing the Bonds by the issuance
of Industrial Development Revenue Bonds under Act No.9 (the "Bonds"),
with the balance of such costs to be financed by Lessee; and
WHEREAS, $1,000,000 in principal amount of Industrial Development
Revenue Bonds - Travenol Project, Series 1976 (the "Series 1976 Bonds")
are being issued with provision made in the Indenture for the issu-
ance of Additional Bonds; and
WHEREAS, Lessee is a subsidiary of Baxter Laboratories, Inc., a
Delaware corporation ("Baxter"), and Baxter has agreed to uncondi-
tionally guarantee performance by the Lessee of its obligations under
this Lease Agreement by an instrument identified as the "Baxter
Guaranty Agreement"; and
WHEREAS, Baxter is authorized under its Articles of Incorpora-
tion and Bylaws and under the laws of the State of its incorporation
to enter into the Baxter Guaranty Agreement and to perform its cov-
enants and obligations thereunder and Baxter is not prohibited under
the terms of any outstanding trust indentures, deeds of trust, mort-
gages, loan agreements or other instruments or evidences of indebt-
edness or whatever nature from entering into the Baxter Guaranty
Agreement and discharging and performing all covenants and obliga-
tions on its part thereunder and has affirmatively so represented to
Lessor; .
NOW, THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged by Lessor and Lessee, and in consideration of the
mutual benefits and covenants herein contained, Lessor and Lessee
AGREE as follows:
ARTICLE I
DEFINITIONS
Section 101. In addition to the words and terms elsewhere defined

in this Lease Agreement, the following words and terms as used in this
Lease Agreement shall have the following meanings unless the context
clearly indicates a different meaning or intent;
"Act No.9" - Act No. 9 of the First Extraordinary Session of the
Sixty-Second General Assembly of the State of Arkansas, approved Janu-
ary 21, 1960, as amended.
"Authorized Lessee Representative" - The person at the time desig-
nated to act in behalf of the Lessee by written certificate furnished to
the Lessor and the Trustee containing the specimen signature of such
person and signed on behalf of the Lessee by the president or any vice
president of the Lessee. Such certificate may designate an alternate or
alternates.
"Authorized Lessor Representative" - The person at the time desig-
nated to act in behalf of the Lessor by written certificate furnished to
the Lessee and the Trustee containing the specimen signature of such
person and signed on behalf of the Lessor by the Mayor. Such certificate
may designate an alternate or alternates.
"Baxter" - Baxter Laboratories, Inc., a Delaware corporation and
Guarantor under the Baxter Guaranty Agreement wherein Baxter guarantees
the prompt performance of all obligations of its subsidiary (Travenol)
under the Lease Agreement.
"Baxter Guaranty Agreement" - The Guaranty Agreement described in
Section 409 B. of the Indenture and which is the Guaranty Agreement
wherein Baxter guarantees the prompt performance of all obligations of
its subsidiary (Travenol) under the Lease Agreement. An executed copy
of the Baxter Guaranty Agreement is on file in the office of the Trustee.
"Bond Fund" or "Mountain Home, Arkansas Industrial Development
Revenue Bond Fund - Travenol Project" - The fund created by Section 501
of the Indenture into which moneys are deposited and out of which dis-
bursements are to be made for paying the principal of and interest on
the Bonds in the manner and for the purposes specified in Article V of
the Indenture. .
"Bondsll - The City of Mountain Home, Arkansas Industrial Development
Revenue Bonds - Travenol Project, issued under and secured by the Inden-
ture and to be delivered in series from time to time.
"Codell- The Internal Revenue Code of 1954, as amended.
lIConstruction Fund" or !Industrial Development Revenue Bond
Construction Fund - Travenol Project" - The Fund created by Section 601
of the Indenture into which the protion of the proceeds of the sale of
the Bonds specified in Section 601 is to be deposited and out of which
disburesments are to be made for Project costs in the manner and for the
purposes specified in Article VI of the Indenture.
II
Indenture IIor IITrust Indenture" - The Trust Indenture between the
City and the Trustee, of even date herewith, which is recorded in the
office of the Circuit Clerk and Ex Officio Recorder of Baxter County,
Arkansas, and which sets forth the details pertaining to the Bonds, the
provisions pertaining to the issuance of additional parity bonds, the
nature and extent of the security and the rights, duties and obligations
of the City, the Trustee and the holders and registered owners of the
Bonds and the terms under which the Bonds are secured.
"Lease Agreement" - The within Lease and Agreement between the City
as Lessor and Travenol as Lessee.
"lease termll - or lIterm" - The initial term of the Lease Agreement
set forth in Section 302 plus an~;·extension or renewal terms pursuant to
the provisions of Section 2001 hereof.
1I1eased premises" - The lands, buildings, improvements, machinery,
equipment and facilities covered by the Lease Agreement and defined in
Section 301 hereof.
"Lessor" - The City of Mountain Home, Arkansas, a city of the first
class and located in Baxter County, Arkansas.
"Lesseell or "Travenolll Travenol Laboratories, Inc., A Delaware
corporation, and any assignee that assumes the obligations of the Lessee
pursuant to the provisions of this lease Agreement.
"Lessor1s Machinery and Equipmentll - The machinery and equipment
owned by Lessor and leased to Lessee by this Lease Agreement and
specifically defined in Section 301 (d) of this Lease Agreement.
IIpermitted encumbrancesll - (i) This Lease Agreement and the Trust
Indenture, (ii) utility, access and other easements and rights of way,
restrictions, reversions and exceptions that the Lessee certifies will not
interfere with or impair the operations being conducted in the Project,
and (iii) such minor deTects, irregularities, encumbrances, ease-
ments right of way, and clouds on title as normally exist with
respe~t mproperties similar in character to the project, and as
do not materially impair the property affected nhereby for the
purpose for which it was acquired or held by the City.
"Project" - The lands, buildings, improvements, machinery,
equipment and facilities embodied in the pertaining to the indust-
rial project constituting the leased premises and leased to Travenol
under this Lease Agreement.
"rent" or "rents" - The basic rent (provided for in Section
301 (a) (1) hereof) and the additional rent (provided for in Section
301 (b) hereof), unless the context clearly indicates both are not
intended.
"Series 1976 Bonds" - The initial series of Bonds being issued
unde.e randds ecu.re d by the Indenture in the principal amount of
$1,000,000.
"Treasury Regulations" - Regulations issued by the Department
of the Treasury or the Internal Revenue Service and regulations
which have been officially proposed by the Department of the Treasury
or the Internal Revenue Service pending issuance of final regulations.
"Trustee" - The Trustee for the time being, whether original
or successor, with the original Trustee being Union National Bank
of Little Rock, Little Rock, Arkansas.
Section 102. WorNscoi:f the masculine gender shall be deemed and
construed to include the correlative words of the feminine and
neuter genders. Unless the context shall otherwise indicate, words
shall include the plural, as well as the singular, number.
ARTICLE II
CONSTRUCTING AND EQUIPPING OF PROJECT
Section 201. The Lessee has undertaken and will complete the
acquiring, constructing and equipping of the Project and has executed,
or will execute necessary contracts and purchase orders therefor.
The Lessee shall be reimbursed out of the Construction Fund for all
expenditures made by it in connection with the acquiring, construct-
ing and equipping of the Pruject. Title to the lands, improvements,
machinery, equipment and facilities paid for out of the Construction
Fund (either by direct paYment or by virtue of reimbursemrnt to the
Leassee) shall be placed in the Lessor. Lessee may amend, modify,
authorize or undertake any changes, alterations, extras or additions
to or from any contracts and purchase orders.
Lessee, with the cooperation of Lessor when necessary, shall

obtain all necessary approvals from any and all governmental
agencies requisite to the constructing and equipping of the Project,
aridlthe Pr~ject shall be constructed and equipped in compliance with
all State and local laws, ordinances and regulations appicable thereto.
All requests, approvals and agreements required on the part of Lessor
and on the part of Lessee shall be in writing, signed by the authorized
representative of the party making such request, granting such approval,
or entering into such agreement; The Lessor and Lessee shall, con-
currently with the delivery of this Lease Agreement, notify each other
of the representatives of each (the "Authorized Lessor Representative"
and the "Authorized Lessee Representative"). It is agreed that each
party may have more than one representative and may change the repre-
sentative or representatives from time to time, with each such change
to be in writing forwarded to the other party. The representative of
each party so designated shall be authorized to enter into and execute
any contracts or agreements or to grant any approvals or to take any
action for and on behalf of the party hereto represented by him and
the other party to this agreement shall be entitled to rely upon the
representative as having full authority to bind the party hereto
represented by him.
Section 202. Lessee agrees that there shall be in full force and
effect at all times during the acquiring, constructing and equipping
of the Project the usual insurance coverage applicable to similar
construction projects, including builder's risk insurance, which shall
be made payable to the Lessor and the Lessee as their interests may
appear with a standard mortgagee clause payable to the Trustee as its
interest may appear.
Section 203. Costs incurred by Lessor and Lessee under Section
201 hereof and in other sections of this Article II shall be referred
to as "Project costs" and it is agreed that if Project costs exceed
the available proceeds received from the sale of the Bonds, the Lessee
shall pay the entire amount of any such excess. Project costs, as that
term is used in this Lease Agreement, may include all costs and expenses
of every nature incurred by Lessor, Lessee or others in acquiring,
constructing and equipping the Project, all costs and expenses incidental
thereto, and all costs and expenses incurred in connection with the
issuance of the Bonds, including without limitation, the following:
(1) All amounts paid for ~ands and paid under all construction,
engineering, architectural or other contracts and purchase orders;
(2) All amounts paid for extras changes or additions;
(3) All paYments incurred in acquiring and installing machinery,
equipment and other property;
(4) All amounts necessaxy to reimburse Lessee for any paYments
made by Lessee out of its own funds for items of Project costs;
(5) All costs and expenses, including attorneys fees, incurred by
Lessor or Lessee in connection with the authorization and issuance of the
bonds;
(6) Any cost or expense, not otherwise, provided for herein, incurred
by Lessor, Lessee or others pertaining to the acquiring, construction
and equipping of the Project;
(7) Such other additional fees, costs, expenses and expenditures
of whatever nature incidental or pertaining to the Project and the
issuance of Bonds as may from time to time be agreed upon by Lessor and
Lessee as constituting part of the Project costs.
Lessor agrees that, subject to compliance with the conditions of the
Indenture pertaining thereto, it will execute and deliver from time to
time, pursuant to the written request of the Lessee, additional series
of Bonds, and the Lessee shall have and hereby assumes full responsibility
for finding purchasers for the additional Bonds. Such additional Bonds
shall be issued in accordance with the provisions of the pursuant to the
conditions set forth in the Trust Indenture pertaining thereto.
It is agreed that Bond sale proceeds shall be deposited in a
Construction Fund to be established pursuant to the provisions of the
Indenture. It shall be provided in the Indenture ( and Lessor agrees to
cause appropriate provisions to be made therein) that the moneys in the
Construction Fund shall be expended solely for the paYmentcof the
Project costs. Investments of moneys in, and disbursements of moneys
from, the Construction Fund shall be made in accordance with the pro-
visions of the Indenture. Any amount remaining in the Construction Fund
after paYment of all PFoject costs shall be transferred to and deposited
in the Bond Fund established pursuant to the provisions of the Indenture.
It is agreed that the Indenture-'/Twillbe delivered and become effec-
tive simultaneously with this Lease Agreement and it is covenanted and
agreed that so long as the Lessee is not in default under the Lease
Agreement, the Indenture shall not be amended or supplemented without
the approval of the Lessee of the amendment or supplement being made.
Section 20§~ Lessor covenailitsthat the Lessee, upon paying the
rentals and performing all covenants, obligations and agreements on
the part of Lessee to be performed under this Lease Agreement, shall
and may peaceably and quietly have, hold and enjoy the leased premises
for the term of this Lease Agreement.
Section 205. A. Lessor covenants that it will take any action and
institute any proceedings requested by Lessee or cooperate with Lessee
in the case of such proceedings instituted py Lessee, to cause and re-
quire all contractors and material suppliers to complete their contracts
and orders diligently in accordance with the terms of such contracts or
orders, including, without limitation, the correcting of any defective
work. All expenses incurred by Lessor and Lessee under this Section 205
may be considered part of the Project costs as defined in Section 203.
Lessor agrees that the Lessee may, from time to time, in its own name,
or in the name of the Lessor, take such action as may be necessary or
advisable, as determined by Lessee, to insure the completion of the
Project in accordance with the terms of contracts and orders, to insure
the peaceable and quiet enjoYment of the leased premises for the term of
the Lease Agreement, and to insure the performance by Lessor of all
covenants and obligations of Lessor under this Lease Agreement. All
costs and expenses incurred by Lessee in connection therewith may be
considered part of the Project costs as defined in Section 203.
B. If and when requested by Lessee, Lessor will assign and
extend to Lessee any vendor's warranties received by Lessor in
connection with machinery and equipment purchased for the Project,
together with any warranties given by contractors, manufacturers,
or service organizations who perform construction work or install
any machinery and equipment on the leased premises. If requested,
Lessor will execute and deliver instruments of assignment to Lessee
to accomplish the foregoing.
ARTICLE III
DEMISING CLAUSES, DURATION OF LEASE TERM AND
RENTAL PROVISIONS
Section 301. Lessor, for and in consideration of the rents,
covenants and agreements herein reserved, mentioned and contained,
on the part of Lessee to be paid, kept and performed, agrees to and
does hereby lease to Lessee, and Lessee agrees to, and does hereby
lease, take and hire from Lessor, subject to the terms, conditions
and provisions of this Lease Agreement expressed, the following:
(a) The lands situated in Baxter County, Arkansas, described
in Exhibit A attached hereto (the "lands");
(b) The buildings, structures and other improvements now or
at any time herea$ter erected and installed on the lands;
(c) All accretions, easements, rights of way and appurtenances
belonging or in any wise appertaining to the lands and/or the im-
provements described in (a) and (b) above; and
(d) All machinery, equipment and other personal property of
every kind and nature whatever acquired by Lessor and paid for out
of the Construction Fund and placed on or in the lands and/or the
improvements described in (a) and (b) above, or elsewhere, including,
without limitation, all replacements and substitutions which become
the property of the Lessor pursuant to the provisions of this Lease
Agreement. All such machinery, equipment and other personal property
shall be identified in a ledger, one copy of which shall be filed
with the Trustee and one copy maintained by Lessee on the leased
premises and shall be marked by an appropriate tag or other device
as being the property of the Lessor; provided, however, the failure
to so tag or mark shall not prevent any item of Lessor's machinery
and equipment from becoming part of Lessor's machinery and equipment
if, pursuant to the provisions hereof, it should be part thereof.
The machinery, equipment and other personal property leased hereby
shall be referred to herein as "Lessor's machinery and equipment."
The properties described in (a), (b), (c) and (d) above are
herein collectively referred to as the "leased premises."
~O HAVE AND TO HOLD the leased premises unto the Lessee for
the term of this Lease Agreement as hereafter set forth.
Section 302. The initaal term of this Lease Agreement shall
commence on March 3, 1976, and shall continue until March 3, 1996,
and as long thereafter as any of the Bonds remain outstanding under
the Indenture.
Section 303. (a) Basic Rent.
(a) Lessee covenants to pay to Lessor in the manner hereinafter
provided in Section 304, basic rent as folloW8+ payable on the dates
and in the amounts indicated:
BASIC RENT SCHEDULE

August 15, 1976 34,218.75
February 15, 1977 34,218.75
August 15, 1977 34,218.75
February 15, 1978 34,218.75
August 15, 1978 34,218.75
February 15, 1979 34,218.75
August 15, 1979 34,218.75
February 15, 1980 34,218.75
August 15, 1980 34,218.75
February 15, 1981 34,218.75
August 15, 1981 34,218.75
February 15, 1982 34,218.75
August 15, 1982 34,218.75
February 15, 1983 34,218.75
August 15, 1983 34,218.75
February 15, 1984 84,218.75
August 15, 1984 32,531.25
February 15, 1985 87,531.25
August 15, 1985 30,675.00
February 15, 1986 85,675.00
August 15, 1986 28,818.75
February 15, 1987 88,818.75
August 15, 1987 26,793.75
February 15, 1988 91,793.75
August 15, 1988 24,518.75
February 15, 1989 94,518.75
August 15, 1989 22,068.75
February 15, 1990 97,068.75
August 15, 1990 19,443.75
February 15, 1991 99,443.75
August 15, 1991 16,643.75
February 15, 1992 101,643.75
August 15, 1992 13,668.75
February 15, 1993 103,668.75
August 15, 1993 10,631.25
February 15, 1994 110,631.25
August 15, 1994 7,256.25
February 15, 1995 112,256.25
August 15, 1995 3,712.50
February 15, 1996 113,712.50
The above basic rent payments ahall be reduced by the amount of

any moneys in, or credits to, the Bond Fund established pursuant to
the provlslons of the Indenture on each basic rent payment date from
any sources whatever, including deposits or credits pursuant to any
provisions of this Lease Agreement and pursuant to any provisions
of the Trust Indenture in excess of any amounts therein being held
for payment of principal, premiums, or interest then due but which
have not been presented for payment.
In the event a basic rent payment falls on a non-banking day of
the Trustee, the basic rent payment involved shall not be due and
payable until the time of opening for business on the next succeeding
day thereafter that is a banking day.
There is expressly reserved to the Lessee the right, and the Lessee
is authorized, at any time it may choose, to prepay any part of the basic
rents, and the Lessor agrees that the Trustee may accept such prepayment
of basic rents when the same are tendered by the Lessee. All basic rents
so prepaid shall be deposited in the Bond Fund and at the election of
the Lessee, either credited on the rental payments specified in this
Section 303(a) (1) in the order of their due dates or used for the re-
demption or purchase of outstanding Bonds in the manner provided in the
Indenture.
It is hereby agreed that when additional Bonds are issued and de-
livered, a Supplemental Lease Agreement will be executed and delivered
by and between the Lessor and Lessee increasing the basic rent above set
forth in the amount necessary to provide for the debt service requirements
on the Bonds additionally issued and inserting any other provisions neces-
sary or desirable in connection with the issuance of additional bonds.
(2) If, during any year while any of the Bonds shall be outstanding,
the basic rent shall be insuffieient to pay the principal of, premiums, if
any, and interest on the Bonds as the same becmme due, the amount of the
insufficiency shall be paid by the Lessee as additional basic rent. If at
any time the amount in the Bond Fund, hereinabove referred to and here-
after described in Section 304, is sufficient to pay in full the principal
of, premiums, if any, interest on and redemption expenses in connection
with all of the outstanding Bonds, then no further basic rent shall be
payable hereunder, and any funds which are then held in the Bond Fund and
are in excess of the amount required to pay in full the principal of,
premiums, if any, interest on any redemption expenses in connection with
all outstanding Bonds, shall be refunded to Lessee as excess rent.
(b) Additional Rent. During the term hereof, Lessee shall pay as
additional rent the Paying Agent's feesaand expenses and charges payable
to the Trustee, any expenses which are required to be incurred by Lessor
pursuant to the provisions of the Lease Agreement or the Indenture, the
payment of which is not otherwise provided for out of revenues derived
from the Project pursuant to applicable provisions of the Lease Agreement
or the Indenture, and all impositions (as defined in Section 401),
expenses, liabilities, obligations and other payments of whatever
nature which Lessee has agreed to payor assume under the provisions
of this Lease Agreement. If at any time any amounts paid by Lessee
as additional rent hereunder are or become in excess of the amounts
required for the purpose for which they were paid, such excess
amounts shall be refunded to the Lessee.
(c) So long as any of the principal of or interest or premium,
if any, on the Bonds shall be outstanding and unpaid,_ or until pay-
ment thereof has been duly provided for, Lessee's obligation to pay
basic rent and the additional rent shall be absolute and uncondi-
tional and the basic rent and the additional rent shall be cer-
tainly payable on the dates or at the times specifled, and without
abatement or set-off, and regardless of any contingencies whatsoever,
and notwithstanding any circumstances or occurrences that may now
exist or that may hereafter arise or take place, including, but
without limiting the generality of the foregoing:
(1) The unavailability of the leased premises, or any part
thereof, for use by the Lessee at any time by reason of the failure
to complete the Project by any particular time or at all or by reason
of any other contingency, occurrence or circumstances whatsoever;
(2) Damage to or destruction of the leased premises, or any
part thereof;
(3) Legal curtailment of Lessee's use of the leased premises,
or any part thereof;
(4) Change in Lessor's legal organization or status;
(5) The taking of title to or the temporary use of the whole or
any part of the leased premises by condemnation;
(6) Any assignment under the provisions of Article XVI including,
without limitation, an assignment as part of a traRsaction involving
merger, consolidation or sale of all or substantially all of Lessee's
assets, as provided in Section 1601; subject, however, to the provi-
sions of Section 1601 that performance by an assignee or sublessee
shall be considered as performance pro tanto by Lessee;
(7) Any termination of this Lease Agreement for any reason
whatsoever, including, without limitation, termination under Article
XIX;
(8) Failure of consideration or commercial frustration of pur-
poses;
(9) Any change in the tax or other laws of the United States of
America or of the State of Arkansas; or
(10) Any default of the Lessor under this Lease Agreement, or
any other fault or failure of the Lessor whatsoever ..
Lessee covenants that it will not enter into any contract, in-
denture or agreement of any nature whatsoever which shall in any way
limit, restrict qr prevent Lessee from performing any of its obligation~
under this Lease Agreement.
Section 304. Payments of basic rent shall be made to Lessor by
Lessee remitting the same directly to the Trustee, for the account of
Lessor, and shall be deposited by the Trustee in the trust account
provided for in the Trust Indenture designated !lMountain Home, Ar-
kansas Industrial Development Revenue Bond Fund - Travenol Project"
(the !lBond Fund"), to be used by the Trustee as provided in the
Trust Indenture. Lessor agrees at Lessee's request to cause the
Trustee to furnish to Lessee at reasonable intervals an accounting
of the funds in the Bond Fund, including the amount of Bonds paid
and outstanding. Additional rent specified in Section 303(b) shall
be paid by Lessee remitting the same directly to the Trustee, for the
account of Lessor, in the case of the Paying Agent's fees and the
Trustee's expenses and charges, and either making direct payment in
the case of impositions and other costs, expenses, liabilities and
payments assumed and agreed to be paid by Lessee under this Lease
Agreement, or reimbursing Lessor or Trustee, if, pursuant to the
provisions of this Lease Agreement, Lessor or Trustee shall make
payment thereof.
ARTICLE IV
. TAXES AND ASSESSMENTS (IMPOSITIONS)
Sectl0n 401. Subject to the provisions of Section 402, Lessee
sha~l pay all taxes and assessments, general and specific, if any,
levled and assessed on the leased premises during the term, and all
water and sewer charges, assessments, and other governmental charges
and impositions whatsoever, foreseen and unforeseen, which if not
paid when due, would impair the lien of the Trust Indenture on the
leased premises or the security of the Bonds, encumber Lessors title,
or impair the right of the Lessor and the Trustee to receive the rents
hereunder or in any manner whatsoever diminish the amounts thereof, all
of which are herein called "impositions;!! provided, however, that any
impositions relating to a fiscal period of the taxing authority, part
of which extends beyond the term, shall be apportioned as of the ex-
piration of the term. Lessor shall promptly forward to Lessee any
notice, bill or other statement received by Lessor concerning any
impositions. Lessee may pay any imposition in installments if so
payable by law, whether or not interest accrues on the unpaid balance.
Section 402. Lessee may contest any imposition and need not pay
the same during the pendency of such contest except the Lessee shall in
all events, pay if and when necessary to prevent the leased premises
becoming subject to loss or forfeiture. The Lessor hereby agrees that
it will cooperate with the Lessee in resisting any such impositions if
and to whatever extent the Lessee may request.
ARTICLE ..
V
INSURANCE
Section 501. A. Lessee shall, at Lessee's sole cost and expense,
keep the leased premises insured:
(i) Against the perils of fire and the hazards ordinarily
inc£mded under broad form extended coverage endorsements
in amounts necessary to prevent the application of the co-
insurance provisions of the applicable policies but not
less than 80% of the full insurable value thereof within
the terms of applicable policies.
(ii) If there are boiler or pressure vessels, from boiler
or pressure vessel explosion in an amount customarily
carried in the case of similar industrial operations.
The term "full insurable. value" means such value. as shall be deter-
mined from time to time at the request of Lessor, Lessee or Trustee (but
not more frequently than once in every forty-eight (48) months by one of
lihe insurers selected by Lessee.
B. At all times during the term, Lessee shall, at no cost or
expense to Lessor, maintain or cause to be maintained:
(i) General Public Liability insurance against claims for
bodily injury or death occurring upon,in or about the leased
premises with such insurance to afford protection to the limit
of not less than $100,000 in respect of damages to the property
of anyone owner.
C. The insurance required by this Article V shall be maintained
in full force and effect at all times during the term of this Lease
Agreement, except:
(i) The insurance required by Section 501 A (i) need not be
placed in force and effect until the completion of the con-
struction of the Project, privided, however, that in no event shall the in-
surance required by Section 501 A. (i) be place into force and effect later
than the ecpiration of insurance carried pursuant to the provisions of Article
II hereof, with the end in view of having full insurance coverage at all times;
(ii) The insurance required by Section 501 B. need not be placed into force
and effect until Lessee occupies the Project, either upon completion or be-
fore completion in the event Lessee undertakes to perform work or store
materials and supplies in the Project prior to completion as permitted by
the provisions of Article II hereof.
D. Copies or certificates of the insurance provided for by this Article or
elsewhere in this Lease Agreement shall be delivered bv Lessee to the Lessor and
the Trustee. And, in the case of expiring policies throughout the term, copies or
certificates of any new or renewal policies shall be delivered by Lessee to Lessor
and the Trustee. At the time of the delivery of this Lease Agreement, copies or
certificates of all insurance meeting the requirements of this Lease Agreement shall
be delivered to the Trustee.
E. Policies of insurance provided for in Section 501 A. of this Article V
shall name the Lessor and the Lessee as insureds as their respective interests may
appear, provided, however, that the Trustee shall also be named as a party insured
purauant to a standard mortgagee clause as tis interests may appear.
F. All insurance required by this Section 501 shall be effected with insurance
companies qualified to do business of the State of Arkansas selected in each in-
surance policy making each policy noncancellable without at least ten (10) days prior
written notice to Lessor, Lessee and the Trustee. Also, it is agreed that no claim
shall be made and no suit or action at law or in equity shall be brought by the
Lessor or by anyone claiming by, through or under Lessor, against Lessee for any
damage to the Project covered by the insurance provided for by this Article V,
however caused, but nothing in this Subsection F shall diminish Lessee's obligation
to repair or rebuild as prvided in Article XIV. The Lessee shall have the sole
right and responsibility to adjust any loss with the insurer involved and to conduct
any negotiations in connection therewith.
ARTICLE VI
REPAIRS AND MAINTENANCE OF

PREMISES AND ALTERATIONS
Section 601. Lessee shall throughout the term, at no cost and expense to
Lessor, maintain, or cause to be maintained, and at the expiration of the term here-
of sub ect to the provisions of Article XX hereof, yield up or cause to be yielded
up, in good and tenantable repair, order and condition, reasonable wear and tear
excepted, the buildings and improvements now or at any time erected on the lands in-
cluded in the leased premises and promptly at no cost and expense to Lessor make or
cause to be made all necessary repairs, interior and exterior, structural and non-
structural, foreseen as well as unforeseen to such buildings and improvements.
Section 602. Lessee shall have the right from time to time to make additions,
alterations and chages in or to the improvements constituting part of the leased
premises and shall have the right to construct any improvements, provided that no
alterations shall be made which would substantially affect the structural integrity
of the improvements. It is understood and agreed that in the event the Lessee makes
any additions, alterations and changes in or to the improvements constitiuting part
of the leased premises as authorized by this Section 602, the Lessee shall be under
no obligation at the expiration of the term to restore the leased premises to their
original condition prior to such additions, alterations or changes.
Section 603. All structural improvements and alterations made on the leased
premises by or on behalf of Lessee shall immediately upon completion therof be and
become the property of the Lessor without payment therefor by Lessor but subject to
this Lease Agreement. All machinery and equipment, trade fixtures, movable partitions.
furniture and furnishings and other property installed at the expense of Lessee shalJ
remain the property of the Lessee with the right of removal, whether or not affixed
and/or attached to the real estate, and the Lessee shall, so long as it is not in
default hereunder, be entitiled but shall not be obligated to remove the same, or
any part thereof, during the term, or within a reasonable time thereafter, but
Lessee shall at its own cost and expense repair any and all damages to the leased
premises resulting from or caused by their removal therefrom.
Section 604. All property of any kind which may be on the leased premises
(whether belonging to the Lessor, Lessee or to any third person) shall be at the sole
risk of Lessee and those claiming by, through or under Lessee and Lessor shall not
be liable to Lessee or to those claiming by, through or under Lessee or to said third
persons for any injur", loss or damage to any person or property on the leased premisec
Section 605. Lessee shall throughout the term, at no cost and expense to
Lessor, maintain or cause to be maintained, and, subject to the provisions of Article
XX and XXV hereof, at the expiration of the term hereof yield up, in good repair,
order and condition, reasonable wear and tear excepted, Lessor's machinery and equipmer
ARTICLE VII
USE OF PREMISES - COMPLIANCE WITH ORDERS, ETC.
Section 701. Subject to the following provisions of this Section 701, Lessor
and Lessee agree that Lessee may use the leased premises for any lawful prupose.
Lessee shall during the term promptly comply with all valid statutes, laws, ordin-
ances, orders, judgments, decrees, regulations, directions and requirements of all
federal, state, local and other governments or governmental authorities, now or here-
after applicable to the leased premises. Lessee shall, however, have the right to
contest any of the foregoing, and if compliance therewith may legally be held in
abeyance during such contest without incidence of any liens on the leased premises,
Lessee may postpone compliance until final determination of such contest, provided
such contest shall be prosecuted with due diligence; and even though a lien against
the leased premises may be incurred by reason of such non-compliance, Lessee may never-
theless delay compliance therewith during contests thereof, provided Lessee, if re-
quired, furnishes Lessor reasonably satisfactory security against any loss by reason
of such lien and effectively prevents foreclosure thereof. Lessee shall during the
term comply with the mandatory requirements, rules and regulations of all insurers
under the policies required to be carred under the provisions of this Lease Agree-
ment.
Section 702. Lessor convenants that, to the full extent permitted by law,
it will not attempt to impose upon the use or occupancy of the leased premises by
the Lessee any laws, ordinances, rules or regulations more burdensome or restrictive
than those in effect upon the date of execution of this Lease Agreement.
ARTICLE VIII
WORK PERFORMED BY LESSEE
Section 801. Lessee shall not do or permit others under its control to do any
work on the leased premises related to any repair, rebuilding, alteration of or add-
ition to the improvements constituting part of the leased premises unless Lessee
shall have first procured and paid for all requisite municipal and other goven-
mental permits and authorizations. Lessor shall join in the application for any
such permit or authorization whenever required, but Lessee shall indemnify and hold
Lessor harmless against and from all costs and expenses which may be thereby incurred
bv Lessor. All such work shall be done in a good and workmanlike manner and in
compliance with all applicable building, zoning and other laws, ordinances, govern-
mental regulations and requirements and in accordance with the reasonable require-
ments, rules and regulations of all insurers under tho policies required to be
carried by the provisions of this Lease Agreement.
ARTICLE IX
MECHANICS' LIENS
Section 901. If any lien shall be filed against the interest of Lessor,
Lessee or the Trustee in the leased premises or asserted against any rent payable
hereunder, by reason of work, lavor, services or materials supplied or claimed to have
been supplied on or to the leased premises at the request or with the permission
of Lessee, or anyone claiming under Lessee, Lessee shall, within thirty (30) days
after receipt of notice of the filing thereof or the assertion thereof against such
rents, cause the same to be discharged of record, or effectively prevent the en-
forcement or foreclosure thereof against the leased premises or such rents, by con-
test, payment, deposit, bond, order of Court or otherwise. Nothing contained in this
Lease Agreement shall be construed as constitiuting the express or implied consent
to or permission of Lessor for the performance of any labor or services or the
furnishing of any materials that would give rise to any such lien against Lessor's
interest in the leased premises.
ARTICLE X
INDEMNIFICATION OF LESSOR AND TRUSTEE
Section 1001. Commencing with the completion of the Project or when the
Lessee takes possession if prior to the completion, Lessee shall and agrees to indemnify
and save Lessor and the Trustee harmless against and from all claims by or on bahalf
of any person, firm or corporation arising frome the conduct or management of, or
from any work or thing done on, the leased premises during the term, and against
and from all claims arising during the term from (a) any condition of the leased
premises, (b) any breach or default on the part of Lessee in the perfomance of any
of its obligations under this Lease Agreement, (c) any act or negligence of Lessee
or of any of its agents, contractors, servants, employees or licensees, or (d) any
act or negligence of any assignee or sublessee of Lessee, or of any agents, contractors,
servants, employees or licensees of any assignee or sublessee of Lessee. Lessee
shall indemnify and save Lessor and the Trustee harmless from and against all costs
and expenses incurred in or in connection with any such claim arising as aforesaid,
or in connection with any action or proceeding brought thereon, and upon notice
from Lessoy, or the Trustee, Lessee shall defend them or either of them in any such
action or proceeding.
ARTICLE XI
LESSOR MAY PERFORM LESSEE'S OBLIGATIONS
Section 1101. If Lessee shall fail to keep or perform any of its obligations
as provided in this Lease Agreement in respect of (a) maintenance of insurance; (b)
payment of impositions; (c) repairs and maintenance of the leased premises; (d) com-
pliance with legal or insurance requirements; (e) keeping the leased premises lien
free; or (f) making of any other payment of performance of any other obligation, then
Lessor may (but shall not be obligated to do so), upon the continuance of such failure
on Lessee's part for thirty (30) days after written notice to Lessee, and without
waiving or releasing Lessee from any obligation, and as an additional but not ex-
clusive remedy, make any such payment or perform any such obligation (not under cir-
cumstances where such payment or performance would defeat any right, herein speci-
fically given to Lessee, to withhold such performance or to contest such obligation
to the extent herein provided), and all sums so paid by Lessor and all necessary
incidental costs and expenses incurred by Lessor in making such payment or performing
such obligation shall be deemed additional rent and shall be paid to Lessor on
demand, or at Lessor's option may be added to any installment of basic rent there-
after falling due, and if not so paid by Lessee, Lessor shall have the same rights
and remedies as in the case of default by Lessee in the payment of the basic rent.
ARTICLE XII
PUBLIC UTILITIES ANn CHARGES
Section 1201. Lessee agrees to payor cause to be paid all charges for water,
gas, sewer, electricity, light, heat or power, telephone or other service used,
rendered or supplied to or for the Lessee upon or in connection with the leased
premises throughout the term of this Lease Agreement, and to indemnify Lessor and
save it harmless against any liability or damage on such account.
ARTICLE XIII
INSPECTION OF LEASED PREMISES BY TRUSTEE
Section 1301. Lessee shall permit the Trustee by its authorized representa-
tives, to enter the leased premises at all reasonable times during usual business
hours for the purpose of inspection, and for the performance of any work therein
maae mecessary by reason of Lessee's default under any of the provisions of this
Lease Agreement.
ARTICLE XDJ
D.AMAGE ANn DESTRUCTION
Section 1401. A. Lessee covenants and agrees that in the event If damage
to or destruction of the leased premises, or any part thereof, by fire or other
casualty, the Lessee shall immediately notify the Lessor and the Trustee. If the
damage is in the amount of $100,000 or less, Lessee shall proceed to restore, repair ,
rebuild or replace the leased premises to the same extent, if any, required so that
in the judgment of the Lessee, the leased premises are suitable for use for Lessee's
purpose under this Lease Agreement subject to such alteration as Lessee may elect to
make in conformity with the provisions of Article VI hereof. If the damage exceeds
$100,000, Lessee shall, at no cost and expense to Lessor or Trustee, proceed to re-
store, repair, rebuild or replace the leased premises as nearly as possible to the
condi tion they "Jere in immediately proir to such damage or destruction, subj ect to
such alterations as Lessee may elect to make in conformity with the provisions of
Article VI hereof. Any item of machinery and equipment acquired as a replacement
acquired as a replacement hereunder, or any item acquired, in whole or in part, out
of insurance proceeds under this Article XDJ, whether or not a replacement of or sub-
stitute for any item of dam~d or destroyed machinery and equipment, if the insurance
proceeds with which such item of machinery and equipment was purchased, in whole or
inpart, were derived from insurance on property which was part of Lessor's machinery
andequipment, shall be and become the property of Lessor and shall be part of Lessor's
machinery and equipment and subject to this Lease Agreement. Such restoration, re-
pairs, replacements or rebuilding shall be commenced promptly and prosecuted with
reasonable diligence.
B. All insurance money paid on account of such damage or destruction shall
be paid to the Trustee and applied as hereinafter ser forth to the payment of the
cost of the aforesaid restoration, repairs, replacements or rebuilding, rncluding
expenditures made for temporary repairs or for the prptection of property pending
the compoetion of permanent restoration, repairs, replacements, or rebuilding or to
prevent interference with the business operated thereon (sometimes referred to as
the "restoration"). In the case of damage involving a loss of $100,000 or less, the
insurance proceeds shall be paid by the Trustee to the Lessee upon receipt by Lessor
and the Trustee of a certificate signed by an officer of Lessee that the restoration
has been made, or is in the process of being made in accordance with the provisions
of Subsection A hereof pertaining to Lessee's obligation to restore. In the case of
damage involving a loss of more than $100,000, the insurance proceeds shall be paid
by the Trustee to the Lessee upon receipt by Lessor and the Trustee of:
A certificate signed bv an officer of the Lessee:
(i) requesting payment of a specified amount of such insurance proceeds;
(ii) detailing the progress of the restoration and repair work;
(iii) stating that such specified amount does not exceed the estimated cost
of the work and materials in connection with the restoration, including as part
thereof the estimated fees of any architect or engineer, if any; and
(iv) stating that no part of such cost has previously been made the basis of
anv request for the withdrawal of insurance proceeds under this Article.
The Trustee shall have no responsibility as to the application by the Lessee of

the insurance proceeds. If requested by the Lessee, all insurance proceeds delivered
to the Trustee pursuant to the terms of this Lease Agreement shall be held by the
Trustee in a separate account in trust for the Lessee.
If the insurance money shall be insufficient to pay all costs of the restoration,
the Lessee shall pay the deficiency and shall nevertheless proceed to complete the
restoration and pay the cost thereof. Any balance of the insurance proceeds remaining
over and above the cost of the restoration shall be paid by the Trustee into the
Bond Fund upon receipt by the Lessor and the Trustee of certificates as required by
this Article to the effect that the restoration has been completed.
The total amount collected under any and all policies of insurance covering
such damage or destruction shall be place in a special fund and the same may be invested
in any investments in which the Trustee may invest amounts in the Construction Fund
under the Trust Indenture. Such investments shall be made by the Trustee as directed
and designated by the Lessee.
Section 1402. Lessee!s obligation to make payment of the basic rent and all
other covenants on the part of Lessee to be performed shall not be affected by any
such destruction or damage, and Lessee hereby waives the provisions of any statute
or law now or hereafter in effect contrary to such obligation of Lessee as herein set
forth, or which releases Lessee therefrom.
-Section 1403. Notwithstanding the provisions of the foregoing sections of this
Article XIV, Lessee shall not be required to repair, restore, replace or rebuild
the leased premises, or any part therof, (a) if Lessee, pursuant to the provisions of
Article XX, shall elect to pruchase the leased premises and shall proceed to pay the
specified purchase price or (b) if the full amount mecessary under the provisions of
the Trust Indenture to payor redemm all outstanding Bonds shall have been paid and
Lessee has not elected to purchasethe leased premises. If Lessee shall so elect to
purchase, the proceeds of all insurance may be used as part of the purchase price and
upon the request of Lessee shall be so applied. If there be any excess insurance
proceeds over and above the amount necessary to pay the purchase price, such excess
shall be paid to and shall belong to the Lessee. If Lessee shall have paid the full
amount necessary to payor redeem all outstanding Bonds, andy insurance proceeds
shall be paid to and shall belong to Lessee .
.ARTICLE XI!
CONDEMliJATION
Section 1501. A. If during the term of this Lease Agreement title to all or
substantially all of the leased premises shall be taken or condemned by a competent
authority for any public use or purpose, then the term of this Lease Agreement shall
terminate at midnight on the fifteenth day after the vesting of title in such authority
and rent shall be paid to and adjusted as of that day. In that event, subject to the
subsequent provisions of this Section, the condemnation award shall belong to the Lessor
and the Lessee hereby assigns the award to the Lessor. In the event the net amount
awarded as damages or paid as a result of such taking (being the gross award less
attorneys' fees and other expenses and costs incurred in the condemnation proceedings,
hereinafter referred to as the "net award") together with the amount then in the Bond
Fund, shall be insufficient to pay in full, on the redemption date, the amount
necessary to pay all principal, interest, the reasonable Trustee's fees, redemption
premiums, and all other costs of redemption (all of which, for purposes of this
Section, shall be called "total bond redemption expense"), Lessee agrees to pay,
promptly upon payment of the net award, as additional rent hereunder, the amount by
which the total bond redemption expense shall exceed the net award plus the amount
then on deposit in the Bond Fund. The Lessee's agreement pertaihing to this Section
1501 shall survive such termination. For purposes of this Article XI! and of Article
XX, "title to all or substantially all of the leased premises shall be taken or con-
demned" shall be deemed to mean a taking of all of the leased premises or a taking of
such substantial portion of the leased premises that the Lessee, as determined by the
Lessee in its sole discretion, cannot reasonably operate in the remainder in sub-
stantially the same manner as before. In the event the net award, together with the
amount then in the Bond Fund, shall be in excess of thw amount necessary to pay the
total bond redemption expense, if Lessee is not in default in any of its other
obligations under this Lease Agreement involving monetary matters, such excess shall
belong to and be paid to the Lessee, and if Lessee is in default with reference to
any of its monetary obligaions, the amount of the excess over and above thw amount
necessary to satisfy such monetary obligations with reference to which Lessee is in
default shall be paid to Lessee.
B. If less than substantially all of the leased premises shall be taken or
condemned by a competent authority for any public use or purpose, neither the term
nor any of the obligations of either party under this Lease Agreement shall be affected
or reduced in any way, and
(i) If any part of the improvements owned by Lessor on the Leased premises
(improvements as used herein shall include any item of Lessor's machinery and
equipment) is taken, Lessee shall proceed to repair or rebuild (repair or rebuild
shall include replacement of any item of Lessor's machinery and equipment)
the remaining part as nearly as possible to the condition existing prior to
such taking, to the extent that the same may be feasible, subject 'to the right
on the part of the Lessee to make alterations so as to improve the efficiency
of the improvements; and
(ii) The net award shall be paid to the Trustee and by it to the Lessee, and
the Lessor hereby assigns the same to the Trustee for the use of the Lessee in
repairing and rebuilding as provided in (i) above. The net award shall be
transferred to the Lessee in the same manner as is provided in Section1401
with respect to insurance proceeds, provided that the words "insurance proceeds"
there referred to shall for purposes of this subparagraph (ii) refer to "net
award." If the net award is in excess of the amount necessary to repair and
rebuild as specified in (i) above, such excess shall be deposited in the Bond
Fund. If such excess is more than the remaining total basic rent obligations
of the Lessee hereunder, and if at that time Lessee is not in default with respect
to any of its obligations under this Lease Agreement, only that portion thereof
equal to the remaining total basic rent obligations of Lessee shall be depo-
sited in the Bond Fund and the excess shall belong to and shall be paid to the
Lessee, If Lessee is in default with reference to any of its obligations, the
amount of excess over and above the amount necessary to satisfy the obligations
with reference to which Lessee isn in default shall be paid to Lessee. If the
net award is less than the amount necessary for the Lessee to repair and rebuild
as set forth in (i) above, the Lessee shall nevertheless complete the repair
and rebuilding work andpay the cost thereof; and
(iii) If no part of the improvements is taken, the net award shall be paid
to the Trustee and deposited in the Bond Fund.
C. In the event of a takin under either A or B above, the Lessee shall have
the right to participate in and to prove in the condemnation proceedings and to
receive any award (by way of negotiation, settlement or judgment) which may be made
for damages sustained by Lessee by reason of the condemnation; provided, however,
nothing in this subsection C shall be construed to diminish or impair in any way
Lessee's obligation under subsection A of this Section 1501 to pay as additional rent
the amount of any insufficiency of the net award and the funds in the Bond Fund to pay
the total bond redemption expense as therein defined.
D. If the temporary use of the whole or any part of the leased premises shall
be taken by right of eminent domain, this Lease Agreement shall not be thereby ter-
minated and the parties shall continue to be obligated under all of its terms and
provisions and Lessee shall be entitled to receive the entire amount of the award
amde for such taking, whether by way of damages, rent or otherwise.
Section 1502. In the event of a taking of all or substantially all of the
leased premises as provided in Section 1501 A, notwithstanding the provision therein
that the rent shall be paid to and adjusted as of the fifteenth day after vesting of
title in the takin authority, the Lessee agrees to continue to make payment of the
basic rent and the additional rent until the condemnation award shall be actually
received by the Lessor; provided, however, the Lessee shall be repaid solely out of the
net award the amount of rent so paid after the date provided in Section 1501 A for
the adjustment of rent. This agreement to repay shall not be construed in any way to
impair or diminish Lessee's obligations under Section 1501 to pay as additional rent
the amount of any insufficiency of the net award and the funds in the Bond Fund to
pay the total bond redemption expense as therein defined.
Section 1503. Notwithstanding the fact that all or any part of the leased premisE
shall by taken by right of eminent domain, Lessee shall have the right to exercise
any option so exercised by Lessee. In the event of the exercise of an option under
Article XX and payment of the required purchase price, whether before or after such
taking, the net award shall belong to Lessee.
Section 1504. Lessee shall have the sole right, proceeding in the name of the
Lessor, to handle defense of any condemnation proceeding pertaining to or affectin
the leased premises or to handle the prosecution of any proceeding in connection with ~_
a condemnation, pertaining to or affecting the leased premises, and shall have the
sole right, proceeding in the name of the Lessor, to negotiate any settlement or
compensation for a taking pertaining to or affecting the leasedpremises and the Lessor
agrees that it will cooperate with the Lessee in such manner as the Lessee requests
with the end in view of obtaining the maximum possible amount justifiabel as damages
for the taking. The Lessee shall have the right, proceeding in its own name, to prove
in the condemnation proceedings and to receive any award (by way of negotiation,
settlement or judgment) which maybe made for damages sustained by Lessee by reason
of the condemnation.
ARTICLE XVI
ASSIGNME:NT
Section 1601. A. Lessee may assign this Lease or sublet the leased premises
or part thereof provided that no such assignment or subletting and no dealings or
transactions between the Lessor or the Trustee and any sublessee or assignee shall
relieve the Lessee of any of its obligations under this Lease Agreement and Lessee shall
remain as fully bound as tho~gh no assignment or subletting had been made, and per-
formance by any assignee or sublessee shall be considered as performance pro tanto
by Lessee; provided, however, that Lessee may assign this lease, and be thereby
relieved of further obligation hereunder, in connection with a transaction involving
merger, consolidation or sale as permitted under Section 2310 provided the require-
ments thereof are met.
B. It is understood and agreed that this Lease Agreement (and the leased
premises and rents hereunder) will be assigned to the Trustee as security for
the payment of the principal of and interest on the Bonds, but otherwise the Lessor
shall not assign, encumber, sell or dispose of all or any part of its right, title
and interest in and to the leased premises and this Lease Agreement, except to the
Lessee in accordance with the provisions of the Lease Agreement and to the Trustee
under the Trust Indenture, but subject to the provisions of Article XVII hereof,
without the prior written consent of the Lessee.
C. In the event of an assignment or sublease pursuant to the provisions of this
Section 1601, such assignment or sublease shall bind any assignee or subleassee to
perform all obligations of the Lessee and may grant to such sublessee or assignee
any of the rights of the Lessee hereunder" and the Lessor and the Trustee shall have
all the rights and obligations of each hereunder to, against and with reference to
any such assignee or sublessee, to the same extent in any such instance as though
such assignment or sublessee were the original Lessee hereunder.
ARTICLE XVII
PRIORITY OF LEASE
Section 1701. This Lease Agreement (and any amendment or supplement hereto
executed in accordance with and pursuant to the provisions of this Lease Agreement)
and the estate of Lessee hereunder are and shall continue to be superior and prior
to the Trust Indenture (and all supplements thereto).
ARTICLE XVIII
REMEDIES ARE CUMULATIVE - NO IMPLIED WAIVER
Section 1801. Lessor, Lessee and the Trustee shall each be entitled to specidic
performance, and injunctive or other appropriate equitable relief for any breach or
threatened breach of any of the provisions of this Lease Agreement, notwithstanding
the availability of an adequate remedy at law, and each party hereby waives the right
to raise such defense in any proceeding in equity. The specidic remedies provided
fornin this Lease Agreement are cumulative and are not exclusive of any other remedy.
The failure of either party to insist in anyone or more cases upon strict performance
shall not be construed as a waiver or relinquishment for the future. No acceptance
of rents with knowledge of any default shall be deemd a waiver of such default.
ARTICLE XIX
DEFAULT PROVISIONS
Section 1901. The following shall be "events of default" under this Lease
Agreement and the terms "event of default" or "default" shall mean, whenever they are
used in this Lease Agreement, anyone or more of the following events:
(a) Failure by the Lessee to pay the rents or any part thereof when due and
(i) continuation of said failure for a period of five (5) days after notice by
telegram or if telegraphic service is not available after notice by mail given
to it by either the Lessor or the Trustee that the rent referred to in such
notice has not been received or (ii) continuation of said failure for a period
of ten (10) days.
(b) Failure by the Lessee to observe and perform any covenant, condition or
agreement on its part to be observed or performed, other than as referred to in
subsection (a) of this Section, (i) for a period of thirty (30) days after
written notice, specifying such failure and requesting that it be remedied, given
to the Lessee by the Lessor or the Trustee unless the Lessor and the Trustee shall
agree in writing to an extension of such time prior to its experation or (ii)
for sich longer period as may be reasonably necessary to remedy such default
provided that the Lessee is proceeding with reasonable diligence to remedy the
same.
(c) The dissolution or liquidation of the Lessee or the filing by the Lessee of
a voluntary petition in bankruptcy, or failure by the Lessee promptly to lift
any execution, garnishment or attachment of such consequence as will impair its
ability to carryon its operations at the Project, or the commission by the
Lessee of any act of bankruptcy, or adjudication of the Lessee as bankrupt, or
assignment by the Lessee for the benefit of its creditors, or the entry by the
Lessee into an agreement of compostion with its creditors, or the approval by a
court of competent jurisdiction of a petition applicable to the Lessee in any
proceeding for its reorganization instituted under the provisions of the general
bankruptcy act, as amended, or under similar act which may hereafter be enacted.
The term "dissolution or liquidation of the Lessee," as used in this subsection,
shall not ve construed to include the cessation of the corporate existence of
the Lessee into or with another corporation or a dissolution or liquidation of
the Lessee following a transfer of all or substantially all of its assets as an
entirety, under the conditions permitting such actions contained in this Lease
Agreement.
Section 1902. Whene~er any event of default shall happen and then be continuing,
the Lessor or the Trustee may take any of the following remedial steps:
(a) The Lessor, with the prior written consent of the Trustee, or the Trustee
may, at its option, declare all installments of rent payable for the remainder
of the term to be immediately due and payable.
(b) The Lessor, with the prior written consent of the Trustee, or the Trustee
may re-enter and take possession of the Project without terminating this Lease
Agreement, and sublease the Project for the account of the Lessee, holding
the Lessee liable for the difference in the rent and other amounts payable by
the Lessee hereunder.
(c) The Lessor with the prior written consent of the Trustee, or the Trustee
ma: terminate the term, exclude the Lessee from possession of the Project and
use its best efforts to lease the Project to another for the account of the Lessee
holding the Lessee liable for all rent and other payments due up to the effecti\
date of any such leasing.
Cd) The Lessor or the Tru,s.:teeshal=lhave-access to and inspBct, ecamine and
make copies of the bCBks anQ:rE!cords'rela"j:;;Lhg
to.tRe leased premises.
(e) The Lessor, with the prior consent of the Trustee, or the Trustee may
take whatever action at law or in equity may appear necessary or desirable to
collect the rent and any other amounts payable by Lessee hereunder, then due
and thereafter to become due, or to enforce performance and observance of any
obligation, agreement or covenant of the Lessee under this Lease Agreement.
Any amounts collected pursuant to action taken under this Section shall be
applied in accordance with the provisions of the Indenture.
Section 1903. No remedy herein conferred upon or reserved to the Lessor or
the Trustee is intended to be exclusive of any other available remedy or remedieds,
but each and every such remedy shall be cumulative and shall be in addition to every
other remedy given under this Lease Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing
upon any default shall impair any such right or power or shall be construed to be
a waiver thereof but any such right or power may be exercised from time to time as
often as may be deemed expedient.
Section 1904. The foregoing provisions of this Article relating to the receipt
of moneys by Lessor as the result of an acceleration, upon a reletting or otherwise
are each to be construed as providing that all such payments by Lessee or others shall
be handled as provided in this Lease Agreement and in the Indenture.
Section 1905. The Lessee covenants with the Lessor, the Trustee and the holders
of all of the Bonds and the coupons, if any, appertaining thereto, that it will take
no other action with resperct to the use of the proceeds from the sale of the BondS
that will result in loss of the federal income tax exemption under Section 103 (d)
of the Code.
Section 1906. In the event the Lessee should default under any of the pro-
visions of this Lease Agreement and the Lessor or the Trustee should employ attorneys
or incur other expenses for the collection of rent or the enforcement of performance
or observance of any obligation or agreement on the part of the Lessee herein contained,
the Lessee agrees that it will on demand therefor pay to the Lessor or the Trustee the
reasonable fee of such attorneys and such other reasonable expenses so incurred by
the Lessor or the Trustee.
ARTICLE xx
LESSEE'S OPTIONS
Section 2001. Lessee shall have and is hereby granted the option to extend this
Lease Agreement for thirty (30) renewal terms of one (1) year each for a basic annual
rental of One Hundred Dollars ($100.00) per year, payable in advance on the first
business day of each year of the extension term, plus the additional rentals heretofore
provided in Article III hereof and otherwise upon the terms, conditions and provisions
of this Lease Agreement. The option provided for herein shall be deemed automatically
exercised by Lessee (without requirement of any notice of exercise) unless thirty (30)
days prior to the end of the initial term or any extension term Lessee shall give
Lessor written notice by certified or registered mail (with or without return receipt
requested) that Lessee does not elect to have the lease term extended beyond the then
current initial or extension term.
Section 2002. A. The Lessee shall have the right and option to purchase the
leased premises at any time if, but only if:
(i) The leased premises shall sustain major damage or destruction; or
(ii) Title to all or substantially all of the. leased premises shall be con-
demned as provided in Article XV hereof; or
(iii) As a result of changes in the Constitution of the United States or of
the State of Arkansas, or of legislative action, or by the final decree,
judgment or order of any court or administrative body entered after Lessee's
contest thereof in good faith, or change in Lessor's legal organization or status,
this Lease Agreement becomes void or unenforceable or impossible of performance
in accordance with the intent and purposes of the parties as expressed in this
Lease Agreement, or unreasonable burdens or excessive liabilities are imposed
upon either party to it; or
(iv) There is legal curtailment of Lessee's use and occupancy of all or sub-
stantially all of the leased premises for any reason other than condemnation
referred to in subsection (ii).
The term "major damage or destruction" as used in subsection (i) is defined to
mean any damage or injury to or destruction of the leased premises or any part thereof
(whether or not resulting from an insured peril) such that the leased premises cannot
reasonably be restored to its condition immediatley preceding such damage, injury or
destruction within al period of seventy-five (75) workin days, or which would prevent
Lessee from carrying on its manufacturin operations therein for a period of seventy-
five (75) working days or the restoration cost of which would exceed the total amount
of insurance carried on the leased premises in accordance with the provisions of Article
B hereof, or such that it would not be economically feasible for the Lessee to repair
the leased premises, as determined by the Lessee in its d~scretion.
B. On and after March 1, 1986, and during the remainder of the initial term
and during any extension term, Lessee shall have the unconditional right and option
to purchase the leased premises at any time.
C. At the expiration of the initial term or any extension term and for a
period of ninety days thereafter (if the purchase options under the provisions of
Paragraphs Aor B of this Article XX have not been exercised) Lessee shall have the
further unconditional right and option to purchase the leased premises.
D. Purchase Price. The purchase price payable if the Lessee exercises Lessee's
option to purchase the leased premises under the provisions of Paragraphs A and B or
C of this Section, shall be the full amount necessary under the provisions of the
Trust Indenture to payor redeem (on the first date thereafter on which all out-
standing Bonds may be redeemed after giving the necessary notice) all outstanding
Bonds (including, without limitation, principal, interest, redemption premiums, if
any, expenses of redemption and the Trustee's and Paying Agent's fees), but after de-
duction of any amount then in the Bond Fund and available for payment and redemption.
In any case, if no Bonds shall be outstanding at the time of purchase, or the redemp-
tion or payment of the Bonds shall be or have been otherwise provided for, the pur-
chase price of the leased premises shall be One Hundred Dollars ($100.00).
E. Any of the foregoing options may be exercised by giving written notice to
Lessor, with a copy to the Trustee, of the exercise thereof specifying the time and
place of closing. At the clOSing, Lessor shall, upon payment of the purchase price
hereinabove specified, deliver to Lessee a general warranty deed, bills of sale and
other appropriate conveyance instruments transferring good and merchantable title to
the leased premises free and clear of all liens and encumbrances e~cept those to which
title was subject when leased hereunder, permitted encumbrances under this Lease
Agreement; provided, however, that if such option is exercised under the provisions of
subparagraph A (ii) of this Section, such title may be subject to the rights, titles
and interests of any party having taken or who is attempting to take title to or use
of all or part of the leased premises by eminent domain.
Section 2003. Lessee shall have the unconditional right and option to terminate
this Lease Agreement at any time upon payment to the Trustee of the full amount
necessary under tho provisions of the Trust Indenture to payor redeem all outstanding
Bonds (including, without limitaion, principal, interest, redemption premiums, if any,
expenses of redemption and the Trustee's and Paying Agent's fees), but after deduction
of any amount then in the Bond Fund and available for payment and redemption.
ARTICLE :XXI
NOTICES
Section 2101. All notices, ~emands and requests which mayor are required
to be given by either party to the other or to the Trustee shall be in writing, and
each shall be deemed to have been properly given when served personally on an executive
officer of the party to whom such notice is to be given, or when sent postage prepaid
b certified mail by deposit thereof in a duly constituted United States Post Office
v
or branch thereof located in one of the present states of the United States of America
in a sealed envelope addressed as follows:
If interided-forLesaee~
Travenol Laboratories, Inc.
Mountain Home, Arkansas 72653
Attn: Plant Manager
With copy to:
Baxter Lavorat6ries, Inc.
No. 1 Baxter Parkway
Deerfield, Illinois 60015
Attn: General Counsel
If intended for Lessor:
Office of the Mayor
Mountain Home, Arkansas 72653
If intended for Trustee:
Union National Bank of Little Rock
Attn: Trust Officer
Any party or the Trustee may change the address and the name of addressee to
which subsequent notices are to be sent by notice to the other parties given as
aforesaid.
ARTICLE :XXII
RECORDING
Section 2201. This Lease Agreement and every assignment and modification
thereof shall be recorded in the office of the Circuit Clerk and Ex-Officio Re-
corder of Baxter County, Arkansas.
ARTICLE :XXIII
GENERAL
Section 2301. This Lease Agreement shall be construed and enforced in accordance
with the laws of the State of Arkansas. Wherever in this Lease Agreement it is pro-
vided that either party shall or will make any payment or perform or refrain from
performing any act or obligation, each such provision shall, even though not so ex-
pressed, be construed as an express covenant to make such payment or to perform, or
not to perform, as the case may be, such act or obligation. All factual representa-
tions set forth in the whereas clauses of this Lease Agreement shall be construed as
express recitals and covenants on the part of the party to which each such recital lS
applicable to the same extent as though set forth as an express representation and
covenant by that party.
Section 2302. If any provision of this Lease Agreement or the application
thereof to any person or circumstance shall, to any extent, be determined to be in-
valid or unenforceable, the remainder of this Lease Agreement and the application
of its provisions to persons or circumstances other than those as to which it has beer"~-
determined to be invalid or unenforceable, shall not be affected thereby, and each
provision of this Lease Agreement shall be valid and shall be enforced to the fullest
extent permitted by law.
Section 2303. The Article captions in this Lease Agreement are for convenience
and reference only andin no way define, limit or describe the scope or intent of this
Lease Agreement or any part thereof, or in ahy wise affect this Lease Agreement and
shall not be cnnsidered in any construction thereof.
'Section 2304. It is agreed that after the Bonds are fully paid and discharged,
or adequate provision is made for their payment and discharge, and all proper and
reasonable fees and expenses of the Trustee and Paying Agent are paid or adequate
provision made for their payment, the Trustee shall cease to have any right, title
and interest in, to or under this Lease Agreement. Thereafter, all rights of approval
or other rights herein specified with reference to the Trustee shall inure to the
benefit of and be applicable to Lessor.
Section 2305. It is agreed that in the event of any non-payment of rent by
Lessee or the failure or refusal by Lessee to observe, keep or perform any other
covenant, condition, promise or agreement set forth in this Lease Agreement to be
observed, kept or performed by the Lessee, the Trustee shall be entitled, in the name
of the Lessor, or in its own name (in accordance with the provisions of the Trust
Indenture), to enforce each and every right or remedy herein accorded in this Lease
Agreement to Lessor in the event of the non-performance or non-observance by Lessee
of any such promise, covenant or agreement.
Section 2306. The provisions of this Lease Agreement shall bind and inure to
the benefit of the parties hereto and their respective successors, assigns and sub-
lessees (it being understood that assignments and subleasing are governed by the
provisions of Article XVI hereof).
Section 2307. It is agreed that the Lessor and the Lessee shall not alter, modify
or amend any .cf' the terms of this Lea se Agreement without the prior written approval
of the Trustee, which consent will not unreasonably withheld.
Section 2308. Lessee shall furnish to Lessor and to the Trustee within 120
days after the end of the preceding fiscal year, a balance sheetof Lessee as at the end
of such fiscal year and the related statements of income and surplus for such fiscal
year, all in reasonable detail and accompanied by a report or certificate of an
independent certified public accountant, who may be the accountant regularly employed
by the Lessee. As long as Lessee is a subsidiary of Baxter this requirement may be
met by filing a consolidated statement.
Section 2309. If the Lessee is not in default in the payment of rent under
Section 303(a) (1) hereof, the Lessor, at the request of the Lessee, shall forthwith
take all steps that may be necessary under the applicable redemption provisions of
the Indenture to effect redemption of all or part of the then outstanding Bonds, on
such redemption date as may be specified by the Lessee, if there are available moneys
in the Bond Fund to effect the requested redemption and if the Bonds requested to be
redeemed are then subject to redemption under the provisions of the Indenture.
Section 2310. The Lessee will maintain its corporate existence and will not
dissolve or otherwise dospose of all or substantially all of its assets and will
not consolidate with or merge into another corporation or permit one or more other
corporations to consolidate with or merge into it; provided, however, the Lessee may,
without violating such agreement, consolidate with or merge into another domestice
corporation, or permit one or more other corporations to consolidate with or merge
into it, or sell or otherwise transfer to another domestic corporation (that is a
corporation organized and existing under the laws of one of the states of the United
States of America) all or substantially all of its assets as an entirety and there-
after dissolve on the condition that such surviving, resulting or transferee corpora-
tion shall expressly assume in writing all of the obligations of the Lessee contained
in this Lease Agreement and that the net tangible assets of the other corporation
after the consolidation, merger d~ sale be at least equal to the net tangible assets
of Lessee immediately prior to such consolidation, merger or sale and qualifies to
do business in the State of Arkansas. In the event of such consolidation, merger
or sale, as permitted b~T this Section, and the assumption by the surviving, resulting
or transferee corporation of the obligations hereof, the Lessee shall be relieved
of all further obligations hereunder. As used herein, "net tangible assets" means all
assets of the corporation (except there shall not be included goodwill) less all
liabilities.
Section 2311. The Lessor agrees that, when requested by the Lessee, it will
take the necessary steps to grant sewer, utility, road and street easements over,
along, across and under the leased premises, and to take such action as may be
necessary to secure an appropriate release of the lien of the Trust Indenture (as
authorized by Section 802 of the Trust Indenture). The Lessor and Lessee, in pro-
ceeding pursuant to this section, may rely upon and act in accordance with a certificate
of a duly qualified engineer, who may be an engineer employed by the Lessee.
Section 2312. Lessor and Lessee covenant that each of them will cause this
Lease Agreement and the Trust Indenture, and all instruments supplemental to any of
them, to be kept recorded and filed in such manner and in such places (if any) as
may be required by law in order fully to preserve and protect the security of the
Bondholders and the right of the Trustee under the Trust Indenture.
ARTICLE XXIV
Section 2401. The progress of Lessee's business may justify an expansion of

the Project or the construction of additional industrial facilities (herein referred
to as "additional facilities") beyond those that can be financed out of the proceeds
of the Bonds to such an extent that Lessee may not desire to proceed under the pro-
visions of Section 602 to construct facilities. Therefore, in addition to the right
to finance facilities out of the Bonds (including additional Bonds under Section
202 B. of the Indenture) it is agreea, subject ot all of the provisions of this
Article XXIV, as follows:
(a) If Lessee desires to construct additional facilities, it shall notify
Lessor and Lessor agrees to proceed under the provisions of Act No. 9 (or any
similar then existing legislation authorizing municipalities in the State of
Arkansas to issue Bonds for the purpose of securing and developing industry)
to issue additional Bonds, otherwise than under the Indenture, subJect to the
requirements of Act No. 9 or any such then existing law, to finance such add-
itional facilities. In that event, the Lessor and the Lessee agree to execute
a separate Lease Agreement covering the financing of such additional facilities
and the leasing thereof to Lessee upon the same terms and conditions as set
forth in this Lease Agreement, subject to any changes or additions that may
then be agreed upon by Lessor and Lessee, but there must be included provision
for basic annual rent in the amount necessary to provide for the payment of the
principal of and interest on any such additional Bonds, and the land involved
in such eXpansion program shall automatically be withdrawn from this Lease
Agreement upon becoming subject to a separate Lease Agreement between Lessor
and Lessee.
(b) If for any reason the additional facilities cannot be financed under Act
No.9, or any then existing sinilar law, as provided in subparagraph (a) above,
or if for any reason Lessee does not desire to so proceed, Lessee shall have
the right, upon notice to Lessor, to require Lessor th the extent permitted
by Section 2404 to convey the land to be involved in said expansion program to
Lessee by general warranty deed free and clear of all encumbrances except those
to which title was subject when leased hereunder.
Section 2402. Lessor shall make appropriate provisions in the Trust Indenture
for a release of the lands to be involved in any expansion program (under either
Section 2401 (a) or Section 2401 (b) from the lien of the Trust Indenture. The
consideration to be paid by Lessee to Lessor upon conveyance of the lands pursuant
to the provisions of Section 2401 (b) shall be $1.00 per acre, and the mutual benefits
to be derived by the parties from such expansion program.
Section 2403. The fact that the land involved in such expansion program shall
cease to be subject to this Lease Agreement by virtue of becoming subject to a sepa-
rate Lease Agreement or being acquired by Lessee shall not relieve, and shall not
result in the relieving of Lessee of its obligations to pay basic rent and additional
rent or any of the other convenants and obligations on the part of Lessee to be per-
formed under this Lea~e Agreement, or result in any diminution thereof.
Section 2404. Lessee's expansion program and the land subject to said separate
Lease Agreement or said acquisition by Lessee pursuant to the provisions of Section
2401 may include only such portion of the land originally leased and demised by this
Lease Agreement as shall not at such time be improved with a building or buildings
or other structure or structures or be necessary for adequate ingress and egress to
and from said buildings and structures plus such additional land adjacent to said
buildings and structures, as may be reasonably necessary for the proper and efficient
use of such buildings and structures.
Section 2405. The rights conferred upon Lessee by this Article XXIV shall be
in addition to and not in limitation of any of the options granted to Lessee by the
provisions of Article XX hereof, and the provisions of this Article XXIV are in add-
ition to and not a limitation upon Lessee's right under Section 602 hereof.
ARTICLE XXV
REMOVAL .AND DISPOSAL OF PROPERTY
Section 2501. The Lessee may, provided Lessee is not in default in the payment
of basic rent or additional rent as required by the provisions of this Lease Agree-
ment and has not received notice of any other default on its part hereunder, remove,
free of any right or claim of Lessor or the Trustee, any building service equipment
(hereinafter defined), sub ect however, in all cases to the following:
(a) Building service equipment may be so removed upon the substitution thereof,
then or theretofore, by Lessee of other building service ~quipment of a utility
or value at least equal to that, atthe time of removal, of the building service
equipment removed;
(b) Worn out or obsolete building service equipment may be so removed and
building service equipment added by Lessee after the full completion of a
building (and not by way of repair, replacement or the like) may be r~moved,
provided the original efficiency, utili t and value of the building is not
eT
impaired;
(c) Lessee shall pay all the costs and e~enses of any such removal and shall
immediately repair at its expense all damages caused thereby.
The term "building service equipment"is intended to refer to such things as are
affixed to or incorporated in a building fer its operation, such as boilers, pumps,
tanks, electrical panel switchboards, sprinklers, lighting equipment and wiring,
heatin, plUmbing and ventilating equipment, elevators, escalators, refrigerating,
air cooling equipment, and items similar in general to any of the foregoing.
Section 2502. The Lessor and the Lessee recognize that after Lessor's machinery
and equipment is installed portions thereof may become inadequate, obsolete, worn out,
unsuitable, undesirab~e or unnecessary in the operation of the Project as a modern
manufacturing plant. The Lessor shall not be under any obligation to renew, repair
or replace and such inadequate, obsolete, worn out, unsuitable, undesirab~e or
unnecessary items of Lessor's machinery snd equipment. In any instance where the
Lessee in its sound discretion determines that any items of Lessor's machinery and
equipment have become inadequate, obsolete, worn out, unsuitaThle, undesirable or un-
necessary in the operation of the Proiect as a modern manufacturing plant,
(a) The Lessee may remove such items of Lessor's machinery and equipment from
the Project, and (on behalf of the Lessor) sell, trade-in, exchange or otherwise
dispose of them without any responsiThility to the Lessor or the Trustee therefor,
provided that the Lessee substitute (either by direct payment of the cost thereof
or by advance to the Lessor of the funds necessary therefor, as hereinafter
provided) and install anywhere in the Project other machinery or equipment
having equal or greater utility (but not necessarily the same function) in the
operation of the Project as a modern manufacturing plant, and provided further
that such removal and substitution shall not impair the operating unity of the
Project, and all such substituted machinery or equipment shall be the sole
property of the Lessor, shall be and become a part of Lessor's machinery and
equipment subiect to this Lease and Agreement and shall be held by the Lessee
on the same terms and conditions as items originally comprising Lessor's machin-
ery and equipment; or
(b) The Lessee may remove such items of Lessor's machinery and equipment from
the Project and sell, trade-in or exchange them on behalf of the Lessor, either
to itself or to another, or scrap them (in whole or in part), without being
required to substitute and install in the Project other items of machinery or
equipment in lieu thereof, provided (i) that in the case of the sale of any such
machinery or equipment to anyone other than itself or in case of the scrapping
thereof, the Lessee pays into the Bond Fund the proceeds from such sale or the
scrap value therof, as the case may be, (ii) that in the case of the trade in
of such machinery or equipment for other machinery or equipment, the Lessee
pays into the Bond Fund, the amount of the credit received by it on such
trade in, and (iii) tha in the case of the sale of any such machinery or
equipment ot the Lessee, the Lessee pays into the Bond Fund an amount equal
to the original cost thereof less depreciation at rates calculated in accor-
dance with generally accepted accounting principles.
In any case where the Lessee purchases, instailis and substitutes in the Pro-
ject any item of machinery or equipment, the Lessee may, in lieu of purchasing and
installing said items of machinery and equipment itself, advance to the Lessor the
funds necessary therefor, whereupon the Lessor will purchase and install such machinery
pr equipment in the Project.
The Lessee will promptly report such removals, substitutions, sales and other
dispositions of items of Lessor's machinery and equipment to the Trustee, will pay
to the Trustee such amounts as are required by the provisions of the preceding sub-
section (b) to be paid into the Bond Fund promptly after" the sale, trad-in or scrapping
requiring such payment, and will execute and deliver to the Lessor and the Trustee
such documents as may from time to time be requested to confirm the title of the
Lessor (subject to this Lease Agreement) to any items of machinery and equipment
that unaer the provisions of this section are to become a part of Lessor's machinery
and equipment. The Lessee will pay any cost (including counsel fees) incurred in
subjecting to the lien of the Indenture any items of machinery or equipment that under
the provisions of this section are to become a part of Lessor's machinery and equipment.
The Lessee will not remove or permit the removal of any of Lessor's machinery and
equipment from the leased premises except in accordance with the provisions of this
section.
Section 2503. If requested by Lessor, Lessee shall furnish to Lessor, within
sixty (60) days after the end of each calendar year, Lessee's certificate setting
forth a summary descrption of all removals made pursuant to Sections 2501 and 2502.
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to
be signed several counterparts, each of which may be condidered an original without
the presentation of the others, by their duly authorized officials and officers as
of the day and year first hereinabove written.
CITY OF MOUNTAIN HOME, .ARKANSAS LESSOR
ATTEST:
~~
Mayor{J
TRAVE:N"OLLAVORATORIES, INC.
ATTEST:
By _
(title)
(title)
(SEAL)
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF BAXTER )
On this day of , 1976, before me, a Notary Public duly

commissioned, qualified and acting, within and for the County and State aforesaid,
appeared in person the within named
---------------------- and:...-------------------
Mayor and City Clerk, respectively, of the City of Mountain Home, Arkansas, a
municipality of the State of Arkansas, to me personally known, who stated that they
were dul¥_authorized in their respective capacities to execute the foregoing in-
strument for and in the name of the City, and further stated and acknowledged that
they had signed, executed and delivered the foregoing instrument for the considera-
tion, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
_____ day of , 1976.
Notary Public
(SEAL)
ACKNOWLEDGMENT
STATE OF )
)
COUNTY OF )
On this day of , 1976, before me, a Notary Public duly

commissioned, qualified and acting within and for the County and State aforesaid,
appeared in person the within named
and
-------------------- '----------------------
and
-----------,------------------ -----------------------
respectively, of Travenol Laboratories, Inc., a Delaware corporation, to me
personally known, who stated that thev were duly authorized in their respective
capacities to execute the foregoing instrument for and in the name and behalf of
the corporation, and further stated and acknowledged that they had so signed,
executed and delivered the foregoing instrument for the considerations, uses and
IN TESTIMONY WHEREOF, I have hereunot set my hand and official seal this
---- day of , 1976.
Notary Public
(SEAL)
333
EXHIBIT A
TO THE LEASE AGREEMENT BY AND BETWEEl'if

THE CITY AND TRAVENOL
LABORATORIES, mc.
The following described real estate situated in Baxter County, Arkansas, to wit:
A part of the NW 1/4 of the SW 1/4 of Section 33, and a part of the NE 1/4
of the SE 1/4 of Section 32, all in Township 20 North, Range 13 West, being more
C'
particularly described as follows, to-wit:
Starting at the Northwest corner of the NW 1/4 of SW 1/4 of Section 33, Town- /
ship 20 North, Range 13 West; thence North 89° 44' West 139.7 feet; thence
South 0° 18' West a distance of 609.1 feet; thence South 89° 42' East a distance
of 320.5 feet; thence North 0° 18' East a distance of 60 feet; thence South
89° 42'East a distance of 126.7 feet; thence North 0° 18' East a distance of
60 feet; thence South 89° 42' East a distance of approximately 338.8 feet to
the West right-of-way line of State Highway Number 201; thence in a Northerly
direction along the West right-of-way line of State Highway Number 201 to the
North line of the NW 1/4 of the SW 1/4 of Section 33, Township 20 North, less,
Section 2. That the Mayor and City Clerk be and they are hereby, authorized
and directed, for and on behalf of the City, to do all things, execute all instru-
ments and otherwise take all action necessary to the realization of the City's rights
and to the discharge of the City's obligations as Lessor under the Lease Agreement.
Section 3. That the provisions of this Ordinance are hereby declared to be
separable, and if any section, phrase or provision shall, for nay reason, be declared
to be invalid, such declaration shall not affect the validity of the remainder of
the sections, phrases or provisions.
Section 4. That all ordinances and parts of ordinances in conflict herewith
Section 5. That there is hereby found and declared to be an immediate need
for the securing and developing of industry at the City in order to provide additional
employment and increased payrolls, alleviate unemployment and provide other benefits
incidental to the operation of a substantial industry, and the execution and delivery
of the Lease Agreement authorized by this Ordinance are necessary for the accomplishment
of these public benefits and purposes. It is, therefore, declared that an emergenc~
exists, and this Ordinance, being necessary for the immediate preservation of the
public peace, health and safety, shall be in force and take effect immediately upon
PASSED:_-'m;.....;··
::..,.;A;FL:....::3;:..·
,:...../42-=.· , 1976
(J
APPROVED:
ATTEST:
Mayor ,J
(SEAL)
Lease and Agreement

Travenol Laboratories
ORDINANCE NO. _4-,-,,5:;..;.0 __
AN ORDINANCE .AMENDING ORDINANCE NO. 163,

WITH RESPECT TO .AREA RE-ZONED
That proper petitions were filed by property owners requesting a change in

zoning; that said petitions were submitted to the Planning Commission of the City
of Mountain Home, Arkansas; that notice of said petition and a public hearing thereon
was published in a newspaper having local circulation as required by Ordinance No.
163 on the posting of notice on subject property in accordance with Ordinance No. 283;
that a public hearing was held; that all remonstrances were heard, after which the
Planning Commission recommended that all property described hereinafter be rezoned.
IT IS THEREFORE ORDAINED BYTTBE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
That the following real estate in Baxter County, Arkansas, be and is hereby
changed in zoning from Residential R-1 to Commercial C-3;
Lot 8, Hargrave's Subdivision, according to the recorded

plat thereof.
ENACTED THE 17 DAY OF May , .19~.

AND DECLARED EFFECTIVE FRDM AND AFTER ITS PASSAGE.
APPROVED:
ATTEST:
Rezoning of Ward property

ORDllJANCE NO. /
AN ORDllJANCEANNEXllJG PROPERTY CONTIGUOUS THEREWITH TO WATER AND SEWER IMPROVEMENT
DISTRICT NO.3-OF THE CITY OF MOUNTAn;f HOME, ARKANSAS; ACCEPTllJG THE ANNEXATION OF
CERTAllJ TERRITORY TO THE CITY OF MOUNTAllJ HOME, ARKANSAS, AND TO ANNEX PROPERTY TO
THE CITY OF MOUNTAllJ HOME, ARKANSAS, AS COMMERCIAL C-3
WHEREAS, a petition was filed with the County Clerk of Baxter County, Arkansas,
hy the real estate owners of the land hereinafter described, praying that said land
be annexed to and made a part of the City of Mountain Home, Arkansas; and
WHEREAS, on the 5th day of April, 1976, the County Court of Baxter County,
Arkansas, found that said petition was signed by territory is contiguous to the
present corporate limits of the City of Mountain Home, Arkansas; that accurate plats
or maps of said territory showing its relationship to the present city had been filed
and made a part of said annexation petition; that proper notice had been given for
the time and in the manner prescribed by law; that said lands and territory should
be annexed to the City of Mountain Home, Arkansas, subject to the acceptance of the
same by the City Council of said city at the proper time as provided by law; and
WHEREAS, the time fixed by law for appealing from said order of annexation made
by the County Court has expired, and no appeal has been taken from said order; and
WHEREAS, the same petitioners have petitioned in writing to the City of Mountain
Home, Arkansas, praying that said property be annexed to the Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, for the purposes hereinafter
set out; and
WHEREAS, after due notice as required by law, the City Council of the City of
Mountain Home, Arkansas, has hearddall persons desiring to be heard and has ascertained
that said petiton was signed bv all thB owners of the real property in said territory;
and
WHEREAS, a proper petition was filed by property owners requesting a zpning;
that said petiton was submitted to the Planning Commission of the City of Mountain
H me, Arkansas; that notice of said petition and a public hearing thereon was published
in a newspaper having local circulation as required by ordinance; that a public hearing
was held; that all remonstrances were heard, after whi~h the Planning Commisssion
recommended that all property described hereinafter be annexed to the City of Mountain
Home, Arkansas, as Commercial C-3.
NOW THEREFORE, BE IT ORDAllJED by the City Council of the City of Mountain
Home, Arkansas:
Section 1: That the following described lands in territory contiguous and ad-
joining the City of MRuntain Home, Arkansas, and to Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, be and the same is hereby
accepted and annexed to the City of Monmtain Home, Arkansas, and Water and Sewer
Improvement District No.3 of the City of Mountain Hom, Arkansas, as Commercial
C-3, to-wit:
A part of the wt SEt, Section 8, T-19-N, R-1}-W, described as follows: Starting
at the SW corner, SEt swt, Section 8, T-19-N, R-13-W, run thence S 88 deg.
42' 35" E, 10.4 ft,; thence run N 2 deg. 32' 25" E, 903.9 ft,; thence N 86
deg. 24' 35" E. 300.0 ft,; thence N 68 deg. 08' 39" E, 1035.42 ft,; thence S
80 deg. 00' E, 155.5 ft, to the point of beginning. Continue thence S 80
deg. 00' 00" E. 400.0ft,; thence N 28 deg. 33' 30" E. 279.18 ft,; thence N
o deg. 53' 30" E, 293.40 ft. to the S boundary of the Mountain Home, High
School tract; thence N 79 deg. 10' 45" W with the S boundary of said tract
518 ft,; thence S 2 deg, 21' 30" W 567.28 ft. to the point of beginning.
Section 2: Extensions to the existin sanitary sewer and water systems as may
now exist may be built to serve the peoperty within the bounds of the above descrived
territory in such manner and with such materials as the Commissioners of Water and
Sewer Improvement District No.3 of the City Of Mountain Home, Arkansas, may deem to
be the best interest of the said District. The costs thereof may be assessed upon the
Section 3: There is an immediate need for constructing extensions to existing
sanitary sewer system and water system, as the same now exist, to serve the property
within the boundaries hereinabeve described. Therefore, an emergency is hereby declared
to exist, this ordinance being necessary for preservation of the public health and
safety, the same shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED 'this 7th day of June, 1976.
ATTEST: APPROVED:
City Clerk ( Mayor
Annexation of Nursing Home property

(Powell & Maplewood Farms)
ORDllJANCENO. 452
RDllJANCEANNEXllJG PROPERTY CONTIGUOUS THEREWITH TO WATER AND SEWER IMPROVEMENT

CT NO. 3 OF THE CITY OF MOUNTAllJHOME, ARKANSAS: ACCEPTllJG THE ANNEXAT
TERRITORY TO THE CITY OF MOUNATllJHOME, ARKANSAS, MAKllJG THE SAME A
, ZONllJGTHE SAME AS RESIDENTIAL R-1, AND ASSIGNllJG THE SAME TO w: S:
REAS, a petiton was filed with the County Clerk of Baxter Count~, Arkansas,
by the so e real estate owners of the land hereinafter described, pray' that said
land be a exed to and made a part of the City of Mountain Home, Arkan s; and,
WHE ,on the 30th day of April, 1976, the County Court of Ba terCounty,
Arkansas, fo d that said petition was signed by all of the fee sim~ e owners of the
said peoperty; that the said territory is contiguous to the presen corporate limits
of the City of ountain Home, Arkansas; that accurate plats or ma of said territory
showing its rela 'onship to the present City had been filed and ade a part of said
annexation petiti that proper notice had been given for the ime and in the manner
prescribed by law; d that said lands and territory should b annexed to the City
of Mountain Home,.Ar nsas, subject to the acceptance of the ame by the City Council
of said City at the P per time as provided by law; and,
WHEREAS, the tim fixed by law for appealing from sa'd Order of Annexation
made by the County Judge has expired and no appeal has be n taken from said Order; and,
WHEREAS, the same p titioners have petitioned, in iting, to the City of Mountain
Home, Arkansas, praying th t said property be annexed Water and Sewer Improvement
District No. 3 of the City 0 Mountain Home, Arkansas for the purposes hereinafter
set out; and,
WHEREAS, after due notic as required by law, the City Council of the City
of Mountain Home, Arkansas, has eard all persons esiring to be heard and has
ascertained that said petition wa by all he owners of the real property
in said territory; and,
WHEREAS, the Planning Commiss ity of Mountain Home, Arkansas, has
maae ,aai&Cf'irmativerecommendation '0 xation of said territory and that said
land be zoned Residential, R-1.
NOW, THEREFORE, BE IT ORDERED by of the City of Mountain
Home, Arkansas:
Section 1. That the following de territory contiguous and
ad oining the City of M6untaiR Home, An an s, and to Water and Sewer Improvement
District No.3 of the City of Mountai Home, rkansas, be and the same is hereby
accepted and annexed to the City of ountain me, Arkansas, and Water and Sewer
Improvement District No. 3 of the C'ty of Moun in Home, Arkansas, to-wit: To be
zoned R-1:
A part of the swt NWt and of the NW4" wt Section 4, TownShip 19 North,
Range 13 West, and a part f the NEt SEt and part of the SEt MEt, Section5,
Township 19 North, Range 13 West, Baxter Coun , Arkansas, IT§scribedas follow~:
Starting at the SE corn r, SEt NEt, Section 5, ownship 19 North, Range 13
West, run thence Sout 0° 44' 00" West, 41.34 fe t to the SW corner of Lot 39
in Spring Park Subdiv,sion which is the point of ginning for the tract
hereinafter describ ,from the point of beginning, run thence South 5° 56'
33" East, 10.96 fe ; thence North 89° 28' 50" West, 1310.58 feet; thence
North 89° 59' 45" ast, 1279.23 feet; thence North 89 32' 00" East, 62.06 feet;
thence South 0° 4' 00" West, 1331.16 feet to j:;hepoin of beginning, containing
40.63 acres, e or less.
Section 2. t the above described territory shall be a exed to and made a
part of Ward 2 of e City of Mountain Home, Arkansas, and the s e henceforth be
a part of said Wa 'd as fully as existing parts of said War.
Section 3. Extension to the existing sanitary sewer and wate systems as may
now exist may built to serve the property witfuin the bounds of th above described
territory in ch manner and with such materials as the Commissioners f Water and
Sewer Improv ent District No.3 of the City of Mountain Home, Arkansa may deem to
be the best interest of the said District. The costs thereof may be ass ssed upon
the real ~ operties hereinabove described as benefits thereto.
Se ion 4. There is an immediate need for constructing extension to xisring
sanitar. sewer systems and water system, as the same now exusts,.t6 serve ttl
within he boundaries hereinabove described. Therefore, an emergency is here
clare to exist, this Ordinance being necessary for preservation of the public
saf y and welfare, the same shall be in full force and effect from and after i
pa age and publications.
PASSED
\
AND APPROVED this 7th day of June, 1976.
ATTEST:
\
Annexation of property behind Spring Park Subd.

ORDINANCE NO. 452

AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF MOUNTAIN
HOME, ARKANSAS: ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF MOUNTAIN HOME, ARKANSAS, MAKING THE SAME A PART
OF THE CITY, ZONING THE SAME AS RESIDENTIAL R-1, AND ASSIGNING
THE SAME TO WARDS:
WHEREAS, a petition was filed with the County Clerk of

Baxter County, Arkansas, by the sole real estate owners of the
land hereinafter described, praying that said land be annexed
to and made a part of the City of Mountain Home, Arkansas; and,
WHEREAS, on the 30th day of April, 1976, the County Court
of Baxter County, Arkansas, found that said petition was signed
by all of the fee simple owners of the said property; that the
said territory is contiguous to the present corporate limits of
the City of Mountain Home, Arkansas; that accurate plats or maps
of said territory showing its relationship to the present City
had been filed and made a part of said annexation petition; that
proper notice had been given for the time and in the manner pre-
scribed by law; and that said lands and territory should be an-
nexed to the City of Mountain Home, Arkansas, subject to the
acceptance of the same by the City Council of said City at the
proper time as provided by law; and,
WHEREAS, the time fixed by law for appealing from said
Order of Annexation made by the County Judge has expired and no
appeal has been taken from said Order; and,
WHEREAS, the same petitioners have petitioned, in writing,
to the City of Mountain Home, Arkansas, praying that said property
be annexed to Water and Sewer Improvement District No. 3 of the'
City of Mountain Home, Arkansas, for the purposes hereinafter
set out; and,
WHEREAS, after due notice as required by law, the City
Council of the City of Mountain Home, Arkansas, has heard all
persons desiring to be heard and has ascertained that said
petition was signed by all the owners of the real property in
said territory; and,
WHEREAS, the Planning Commission of the City of Mountain
Home, Arkansas, has made an affirmative recommendation on the
annexation of said territory and that said land be zoned
Residential, R-1.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the
Section 1. That the following described lands in terri-
tory contiguous and adjoining the City of Mountain Home,
Arkansas, and to water and Sewer Improvement District No. 3 of
the City of Mountain Home, Arkansas, be and the same is hereby
accepted and annexed to the City of Mountain Home, Arkansas,
and Water and Sewer Improvement District No. 3 of the City of
Mountain Home, Arkansas, to-wit: To be zoned R-1:
A part of the swt NWt and a part of the NWt swt

Section 4, Township 19 North, Range 13 West, and a
part of the NEt SEt and a part of the SEt NEt, Section
5, Township 19 North, Range 13 West, Baxter County,
Arkansas, described as follows: Starting at the SE
corner, SEt NEt, Section 5, Township 19 North, Range 13 West,
run thence South 0° 44' 00" West, 41.34 feet to the
SW corner of Lot 39 in Spring Park Subdivision which
is the point of beginning for the tract hereinafter
described, from the point of beginning, run thence
South 5° 56' 33" East, 10.96 feet; thence North 89°
28' 50" West, 1310.58 feet; thence North 0° 38' 39"
West, 1329.56 feet; thence North 89° 59' 45" East,
1279.23 feet; thence North 89° 32' 00" East, .62.06
feet; thence South 0° 44' 00" West, 1331.16 feet to
the point of beginning,containing 40.63 acres, more
or less. .
Section 2. That the above described territory shall be

annexed to and made a part of Ward 2 of the City of Mountain Home,
Arkansas, and the same henceforth be a part of said Ward as fully
as existing parts of said Ward.
Section 3. Extension to the existing sanitary sewer and
water systems as may now exist may be built to serve the property
within the bounds of the above described territory in such manner
and with such materials as the Commissioners of Water and Sewer
may deem to be the best interest of the said District. The costs
thereof may be assessed upon the real properties hereinabove
extension to existing sanitary sewer systems and water system, as
the same now exists, to serve the property within the boundaries
hereinabove described. Therefore, an emergency is hereby declared
to exist, this Ordinance being necessary for preservation of the
public health, safety and welfare, the same shall be in full force
and effect from and after its passage and publications.
PASSED AND APPROVED this 7th day of June, 1976.
-,
ATTEST:
APP./ ,.VE
I/i
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p~~~~lerk Charles D. Floyd, Ma/or Pro Tem
Annexation of property behind Spring Park Subdivision

ORDJN.ANCE NO. 453
.AN ORDJN.ANCE ANNEXJNG CERTAJN PROPERTY TO MOUNTAJN HOME, .ARKANSAS, WATER AND SEWER IM-
PROVEMENT DISTRICT NO. 3 OF SAID CITY, ASSIGNJNG THE SAME TO A WARD, AND FOR OTHER pu':R-
POSES.
BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF MOUNTAJN HOME, .ARKANSAS:
1. That the lands described in Exhibit "A" annexed to this Ordinance and made a
part hereof as though fully set out herein word for word, be annexed to the City of
Mountain Home, Arkansas, and Water and Sewer Improvement District No.3 of said City.
2. That the same be, and is hereby, designated to be part of Ward 1 of
the City of Mountanin Home, Arkansas.
3. That the provisions of this Ordinance are severable, and in the event that
any section or part thereof shall be held to be inbalid, such invalidity shall not affect
the remainder of this Ordinance.
4. That the Ordinance being necessary for the preservation of public health,
safety and morals, and emergency is hereby declared to exist, and the same sha.l.l.Lbe in
This Ordinance. approved this 21 day Of, ...4une .. l197,A I
Mayor
(~j Ilr /J /ti/~)j
.. ' {J
ATTEST:
Q~a~
EXHIBIT "A"
Part of the Southeast Quarter of the Southwest Quarter, and part of the South-
west Quarter of the Souteast Quarter, Section 3, and part of the Northeast Quarter of
the Northwest Quarter and part of the Northwest Quarter of the Northeast Quarter, Section
10, all in Township 19 North, Range 13 West, more specifically described as follows:
From the Northwest corner of the swt SEt, Section 3, said Township and Range, the point
of beginning of Indian Creek No.3, Phase One, a point in the center line of Buzzard
Roost Road and the West right of way of Forest Dr.; then go South 89 degs. 41'09" East,
250.00 feet along the forty line; then go South 0 degs. 18' 51" West, 530,63 feet
to a one-half inch rebar; then go South 40 degs. 37' 37" West 195.60 feet to a one-
half inch rebar; then gp South 32 degs. 24' 26" West, 293.27 feet to a::one-ehalfinch
rebar; then go South 20 degs. 38' 54" East 982.91 feet to a 3/8 inch reba:t?;then go
South 68 degs. 10' 24" West, 411.54 feet to a 3/8 inch rebar, the Northeast corner of
Evergreen Estates Subdivision (recorded in Plat Record Book 3, Page 138); then go w~tfu
the following movements: North 89 degs. 16' 19" West, 209. 65 feet to a 3/8 inch rebar;
North 89 degs. 10' 52" West, 374.44 feet to a 3/8 inch rebar, the Southeast corner of
Talburt Cemetery; then gp North 0 degs. 38' 17" East 183.44 feet along the East side
of Talburt Cemetery to a 3/4 inch rebar, the Northeast corner of Talburt Cemetery and
the South side of Second Street and the Boundary of Indian Creek No. 2;then go along
said boundary of Indian CrRek No.2 with the following movements: 40.52 feet North
o degs. 44' 44" East to a 3/4 inch rebar; 347.30 feet along South right of way of
Second Street with arc of cur-ve to left, with radius of 823. 05 feet, and chord being
344.73 feet North 73 degs. 55' 12" East; 344.59 feet along said right of way with an
arc of curve to left with radius of 397.94 feet and chord being 33.93 feet North 37
degs. l' 25" East; 50.63 feet North 9 degs. 19' 28" East to a 3/4 inch rebar on the
North right of way of Kingswood Dr.; 626. 58 feet along said right of way with arc
of curve to right with radius of 445.00 feet and chord being 576.58 feet NO~tli 40
degs. 20' 16" West to 314 inch rebar; 280,00 feet North 0 degs. 0' 0" East along said
right of way to a 3/4 inch rebar, the North right of way of First Street; 175 feet
South 90 degs. 0' Q" West along said North right of way of First Street to a 3/4 inch
rebar; 43.24 feet along said right of way with the arc of a curve to left withrradius
534.04 feet and chord 43.22 feet South $7 degs. 40' 50" West; 127.89 feet North 4
degs. 38' 19" West to a 3/8 inch rebar; 150.69 feet North 28 degs. 0' 5" West to a
3/4 inch rebar; then leaving said boundary of Indian Creek No.2, go North 42 degs.
27' 21" East 516.84 feet to a 3/4 inch rebar on the forty line, the center line of
Buzzard Roost Road to the point of beginning, containing 29.022 acres.
Annexation of Indian Creek III

ORDINANCE 454 . AMENDING
ORDINANCE NO. 163 WITH REFERENCE
TO ZONING WITHIN THE CITY LIMITS-
OF THE CITY OF MOUNTAIN, HOME,
ARKANSAS, RELATIVE TO CHANGING
AREA ZONED AS RESIDENTAIAL' R-1
TO COMMERCIAL C-3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MTN. HOME, ARKANSAS:

That a proper petition was filed by aproperty owner requesting a change in
zoning; that said petition was submitted to the Planning Commission of the City of
Mountain Home, Arkansas; that notice of said petiton and a public hearing thereon
was published ina newspaper having local circulation as required by Ordinance No.
163; that a public hearing was held; that all remonstrances were heard, after which
the Planning Commission recommended that all property described hereinafter be
rezoned.
IT IS THEREFORE ORDANINED BY THE CITY COUNCIL OF MTN. HOME, ARKANSAS:
That the following real estate in Baxter County, Arkansas, be, and is hereby
changed in zoning from Residential R-1 to Commercial C-3.
A part of the NWt of swt of Section 4, Township 19 North, Range 13 West,
bounded and aescribed as follows:
Beginning at a point on the North line of said fort¥ where the same is intere-
sected by the West boundary line of the Pigeon Road, formerly known as the
Mountain Home-Gainesville Public Road, and run thence South along said West
boundary line 100 feet to apoint of beginning for the tract herein described;
continue thence South along the West boundary line of said road 100 feet to a
point; run thence West 180 feet to a point; run thence North 100 feet to a
point; run thence East 180 feet to the point; run thence East 180 feet to the
point of beginning.
WHEREAS, this Ordinance is necessary for the preservation of the health and
safety of the citizens of Mountain Home, Arkansas, an emeregency is hereby declared
to exist on this Ordinance shall be in full force and effect from and after its
ENACTED the 7 day of July, 1976 and declared effective from and after
its passage.
APPROVED:
Mayor
ATTEST"
Rezoning of Reeves property

ORDllJANCE 455 AMENDING
TO ZONING WITHIN THE CITY LIMITS
AREA ZONED AS RESIDENTIAL R-1 TO
COMMERCIAL C-3.

Taht a proper petition was filed by a property owner requesting a change in
zoning;that said petition was submitted to the Planning Commissi9n of the City of
Mountain Home, Arkansas; that notice of said petition and a public hearing thereon
was published in a newspaper having local circulation as required by remonstrances
were heard, after which the Planning Commission recommended that all property de~
scribed hereinafter be rezoned.
That the following real estate in Baxter County, Arkansas, be, and is hereby
A part of the NWi of the swi of Section 9, Townshop 19 North, Range 13 West,
bounded and escribed as follows: Beginning at a Hedge Apple tree on the
Northwest side of the land, run thence South 8 yards to the North Bank of Dodd
Creek, thence Southeast along North Bank of Dodd Creek with the meanderings
of said creek 150 yards to the West line of the Mrs. M. A. Bristow land; thence
North al~ng the West line of the Mrs. M. A. Bristow land 100 yards to the road
or street running East and West; thence West along the South side of the
road or street 100 yards to a point; thence straight south 6 yards to the
Hedge Apple tree and the beginning point, containing 1/2 acre, more or less,
and being the same property deeded to Mrs. May Hackler by J. H. Conley less
the land deeded by Mrs. May Hackler to W. H. Lemons.
ENACTED the 7 day of July, 1976 and declared effective from and after
its passage.
APPROVED:
Mci:yor
ATlEEST:
City Clerk
Rezoning of Skiver property

ORDINANCE NO. 456
AN ORDINANCE .ANNEXING PROPERTY
CONTIGUOUS THEREWITH TO WATER
AND SEWER IMPRO"REMENT BISTRICT
NO. 3 OF THE CITY OF MOUNTAIN
HOME, .ARKANSAS; ACCEPTING THE
.ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF MOUNTAIN HOME,
.ARKANSAS, AND TO ANNEX PROPERTY
TO THE CITY OF MOUNTAIN HOME,
.ARKANSAS, AS RESIDENTIAL R-1 .
WHEREAS, a petition was filed with the County Clerk of Baxter County, Arkansas,
by the real estate owners of the land hereinafter described, praying that said land
be annexed to and made a part of the City of Mountain Home, Arkansas; anG
WHEREAS, on the 28th day of June, 1976, the County Court of Baxter County,
Arkansas, found that said petition was signed by all of the fee simple 0Wllers of
the said property; that the said territory is contiguous to the present corporate
limits of the City of Mountain Home, Arkansas~ that accurate plats or maps of said
territory showing its relationship to the present city had been filed and made a
part of said annexation petition; that proper notice had been given for the time
and in the manner prescribed by law; that said lands and territory should be
annexed to the City of Mountain Home, Arkansas, subject to the acce~tance of the
same by the City Council of said city at the proper time as provided by law; and
WHEREAS, the time fixed by law for appealing fr0m said order of annexation
made by the County Court has expired, and no appeal has been taken from said order;
and
WHEREAS, the same petitioners have petitiioned in writing to the City of
Mountain Home, Arkansas, praying that said property be annexed to the Water and
Sewer Improvement District No.3 of the City of Mtn. Home, Arkansas, for the
purposes hereinafter set out; and
WHEREAS, after due notice as required by law, the City Council of the City of
Mountain Home, Arkansas, has heard all persons desiring to be heard and has as-
certained that said petition was signed by all the owners of the real property in
said territory; and
WHEREAS, a proper petition was filed by property owners requesting a zoning;
that said petition was submitted to the Planning Commission of the City of Moun-
tain Home, ArkaRsas; that notice of said petition and a public hearing theron was
published in a newspaper having local circulation as required by ordinance; that
a public hearing was held; that all remonstrances were heard, after which the
Planning Commission recommended that all prpperty described hereinafter be annexed
to the City of Mountain Home, Arkansas, as Residential R-1.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Mountain
Home, Arkansas:
Section 1: That the following described lands in territory contiguous and
ad oining the City of Mounta±n Home, Arkansas, and to Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, be and the same is hereby
accepted and annexed to the City of Mountain Home, Arkansas, and Water and Sewer
Improvement Dist. #3 of the City of Mtn. Home, Arkansas, and annexed to the City
of_Mountain Home, Arkansas, as Residential R-1, to-wit:
Et of the swt of the NEt of Section 3, Township 19 North, Range 13 West.
ALSO that part of the NWt NEt of Section 3, Township 19 North described as
follows: Begin at the SE corner of the said NWt NEt run thence West 40 feet
to a point of beginning, run thence North 21.5 feet, run thence West 211 feet
along an old fence, run thence South 21.5 feet to the North line of the swt
NEt, run thence East along said Section line to a point of beginning.
Section 2: Extensions to the existing sanitary sewer and water systems as
may now exist may be built to serve the property within the bounds of the above de-
scribed territiory in such manner and with such materials as the Commissioners of
Water and Sewer Improvement District No.3 of the City of Mountain Home, Arkanasa,
may deem to be the best interest of the said District. The costs therof may be
assessed upon the real properties hereinabove described as benefits therto.
Section 3: There is an immediate need for constructing extensions to existing
sanitaEY sewer system and water system, as the same now exist, to serve the property
within the boundaries hereinabove descrived. Therefore, an emergency is hereby
declared to exist, th~s ordinance being necessary for preservation of the public
health and safety, the same shall be in full force and effect from and after its
PASSED AND APPROVED this 2 of August, 1976.
APPROVED:
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4 !'-.l\/ LV~ I
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ATTEST:
I
V
Q~d-ad*~d ? - •
City Recorder
An n cxa ti o n of .Io s e Keller r-o n e rtv
ORDrnANCE 457 AMENDrnG
ORDINANCE NO. 163 WITH
REFERENCE TO ZONrnG WITHrn
THE CITY LIMITS OF THE CITY
OF MOUTArn HOME, ARKANSAS,
RELATIVE TO CHANG rnG AREA
ZONED AS RESIDENTIAL R-1 TO
COMMERCIAL C-3.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUTArn HOME, ARKANSAS:

That a proper petition was filed by a property owner requesting a change
in zoning; that said petition was submitted to the Planning Commission of the
City of Mtn. Home, Ark., that notice of said petition and a public hearing
hereon was published in a newspaper having local circulation as required by
Ordinance No. 163; that a public hearing was held; that all remonstrances
were heard, after which the Planning Commission recommended that all property
described hereinafter be rezoned, provided no additional lands owned by the
Wylo M. Dyer Trust or Wylo M. Dyer, individually which adjoins said lands
shall b2 sold or rezoned until said lands have been platted.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTArn HOME, ARKANSAS:
That the following real estate in Baxter County, Arkansas, be, and is,
herepy changed in zoning from Residential R-1 to Commer~ial C-3.
A part of the st of the SEt of Section 5, Twp. 19 North, Range 13 West,
Beginning at the NW corner of the swt SEt of Sec. 5 and run North 880
261 East, 280.77 feet; thence South 1° 341 East 237.41 feet; thence North
88° 291East, 316.29 feet; thence South 76°5613011 East, 45.9 feet; thence
South 78° 241 3011 East 108.95 feet; thence South 78° 021 4511East, 95.8
feet; thence South 87° 35; 1511East, 100.31 feet; thence North 87° 261
East, 481.33 feet; thence North 84° East, 82.81 feet to a point of beginning.
From the pain o~ beginning, continue North 840 East, 195.60 feet; thence
South 1° 341 East, 452.28 feet; thence South 87° 261 West, 195.25 feet;
thence North 1° 341 West 440.55 feet to the point of beginning, containing
2 acres.
and, that no additional lands owned by the Wylo M. Dyer Trust or Wylo M. Dyer,
individually which adioins said lands shall be sold or rezoned until said
lands have been platted.
WHEREAS, this Ordinance is necessary for the preservation of the health
and safety of the citizens of Mtn. Home, Arkansas, an emergency is hereby de-
clared to exist in this Ordinance shall be in full force and effect from and after
its passage and publication.
ENACTED the 2 day of August, 1976, and declared effective from and after
its passage.
APPROVED:
ATTEST:
City Clerk ,
Rezoning of Dyer Trust property (east of Kerr Clinic)

ORDINANCE NO. 458
AMENDING ORDINANCE NO. 163 WITH REFERENCE TO ZONING WITHIN

THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS,
RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-1 TO
COMMERCIAL C-2

HOME, ARKANSAS:
paper having local circulation as required by Ordinance No. 163;
ARKANSAS:
The the following real estate in Baxter County, Arkansas, be,
C-2.
A part of the SEt NEt of Section 4, Township 19 North,

Range 13 West, described as follows: From the t corner
on the East side of said Section 4 (this being the SE
corner of said forty), run West along the South line of
said forty 704.48 feet; thence North 22.62 feet to a
point, run thence West, parallel to the South line of
said forty, 191 feet, more or less, to point in fence
line, run thence North 19 Deg. 31 Min. West, along
fence line, 135 feet, more or less, to NW corner of
tract previously conveyed to Blasen, and point of
beginning for the tract herein described;
From said point of beginning, continue thence North 19
Deg. 31 Min. West, along fence line, 175.42 feet, more
or less, to the South R/W of U. S Highway 62, thence
along curve of highway, center line curvature 2 Deg. 45
Min.; Chord distance 178.37 feet, Chord bearing North
49 Deg. 05 Min. East, thence South 21 Deg. 23 Min. East
along and in line with fence line, 263.65 feet, more or
less, to a point whic;h is 6n north of a 14" elm tree
stump, which is the NE corner of tract conveyed to Blasen,
run thence South 79 Deg. 20 Min. West 175.5 feet, along
the north line of the Blasen tract, to the point of
beginning.
WHEREAS, this Ordinance is necessary for the preservation of

the health and safety of the citizens of Mountain Home, Arkansas,
an emergency is hereby declared to exist and this ordinance shall
be in full force and effect from and after its passage and publica-
tion.
ENACTED the 4th day of October, 1976, and declared effective
~
/"
APPR... t'V....E
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r i , !....D!.•. i
I.'.,
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~'. IJ!.,'--) /:
Mayor
Ci ty Clerk / -;.
REZONING OF SWOPE PROPERTY FROM R-1 TO C-2

ORDINANCE NO. 459
AN ORDINANCE AUTHORIZING AND DIRECTING THE

MAYOR TO ENTER INTO AN OPTION CONTRACT TO
PURCHASE CERTAIN REAL PROPERTY

Section 1: Declaration of Need. The City Council hereby deter-
mines and declares that additional parks are needed to meet the needs
of the citizens of the City of Mountain Home.
Section 2: That the City Council has determined that property is
available for purchasing with matching grant monies from the Bureau
of Outdoor Recreation.
Section 3: That the Mayor is authorized and is hereby directed
to enter into an agreement attached hereto as Exhibit "A" and made a
part of this ordinance as if set out word for word, on behalf of the
city, to purchase the real estate described therein from CLYSTA
WILLETT under the terms and conditions as set forth in Exhibit "All.
Section 4: That the applications to BOR must be submitted by
November 1, 1976. That it being necessary for the preservation of
the public health, safety and welfare that this ordinance become
effective without delay, an emergency is hereby declared to exist and
this ordinance shall become effective immediately upon its passage and
approval.
EXHIBIT "A" TO ORDINANCE NO. 459
OPTION CONTRACT FOR SALE OF REAL ESTATE
THIS AGREEMENT made and entered into on this the 28th day of
October, 1976, by and between CLYSTA ANN WILLETT, hereinafter referred
to as Seller and the CITY OF MOUNTAIN HOME, ARKANSAS, hereinafter re-
ferred to as Buyer.
WIT N E SSE T H :
For and in consideration of the mutual promises, covenants and
agreements contained herein, and of the sum of Five Thousand Dollars
($5,000.00) as option money and earnest money, paid by the Buyer to
the Seller to be placed in escrow at Peoples Bank and Trust Company of
Mountain Home, the receipt of which is hereby acknowledged, the
Buyer and Seller agree as follows:
1. Sale. The Seller agrees to sell and convey by warranty

deed, and the Buyer agrees to purchase and pay the pur-
chase price therefor, the following described real
property located in Baxter County, Arkansas, to-wit:
The west 3/4 of the NW SE and the West
3/4 of the SW SE of Section 15, Township
19 North, Range 13 West, containing 60
acres
upon the terms and conditions hereinafter set forth.
2. Purchase Price. The total purchase price shall be Two

Thousand ($2,000.00) per acre, totaling One Hundred
Twenty Thousand Dollars ($120,000.00) of which the sum
of Five Thousand Dollars ($5,000.00) has been paid as
earnest money and option money, which shall be credited
to the purchase price. The balance of the purchase price
of One Hundred Fifteen Thousand Dollars ($115,000.00)
shall be paid in cash upon day of closing.
3. Prorations. The taxes and special assessments shall be

prorated as of day of closing.
4. Warranty Deed. The Seller agrees that upon payment to

her of the purchase price, she will execute and deliver
to the Buyer, or its assigns, a good and sufficient
warranty deed conveying to Buyer, the above described
property, such deed to contain a covenant of general
warranty and conveying fee simple title. Said deed to
be placed in the escrow account at the above named bank
to be delivered to the Buyer upon completion of this
Contract.
5. Possession. The Seller shall place the Buyer in quiet

peaceable possession on day of closing.
6. Option. In consideration of the Five Thousand Dollars

($5,000.00) hereinabove referred to, the Seller does
hereby grant, bargain, sell and convey to the Buyer as
option to purchase the real property hereinabove referred
to. Said option shall commence on October 30, 1976, and
shall terminate on October 29, 1977, at 12 midnight.
During the option period, the Buyer shall have the sole
option to either perform this agreement or disaffirm. If
the Buyer does not exercise this option, all of its in-
terest shall terminate and the Seller shall retain the
Five Thousand Dollars ($5,000.00) as liquidated damages
with no further recourse, nor liability on the part of
the Buyer, subject to Paragraph 7 of this Agreement.
7. Contingency. This entire Agreement is contingent upon

the Buyer obtaining a grant and funds received from the
Bureau of Outdoor Recreation, hereinafter referred to as
BOR, in the amount of Sixty Thousand Dollars ($60,000.00
within the option period. If the contingency does not
occur, then the Buyer shall be entitled to a refund of the
earnest money and option money. This contract is further
contingent upon an unfavorable referendum vote.
8. Abstract. The Seller shall furnish to Buyer's attorney a

currently certified abstract of title at Seller's expense
by November 15, 1976, showing good and merchantable title
in the Seller. Should objection be made to the title, the
Seller shall have a reasonable time, not to exceed 120
days, to remove said objections. If Seller is unable to
remove said objections, then the Buyer shall have the
option to declare the contract null and void and shall
then be entitled to a refund of all earnest and option
money. The abstract shall be recertified at Seller's
expense as of one week prior to closing and delivered to
Buyer's attorney.
9. Closing. The day of closing shall be on October 30, 1977;

however, the Buyer has the right to an earlier closing and
possession, at its request.
10. Additional Conveyance. The Seller agrees to make a gift

to the City of Mountain Home, Arkansas, upon notification
by the City that it wishes to receive the gift, prior to
December 31, 1977, of the following described real property
located in Baxter County, Arkansas, to wit:
The East t
of the NW SE and the East t
of the SW SE of Section 15, Township 19
North, Range 13 West, containing 20 acres,
excepting the following described tracts,
Beginning at the NE corner of the NW SE

of Section 15, Township 19 North, Range
13 West, head West 330' to a point, thence
South 660' to a point, thence East 330' to
a point, thence North 660' to the point of
beginning.
Also excepting the following described

tract being a part of the East t of the
SW SE of Section 15, Township 19 North,
Range 13 West, to-wit:
A one-acre tract in the SE corner belong

to Hugh Baker
containing 14 acres.
11. If all or any portion of this agreement shall beheld to
be unlawful, the Buyer may disaffirm the agreement with no
further liability to either party.
IN WITNESS WHEREOF, we have hereunto set our hands and seals

on this 28th day of October, 1976.
lsi Charles D. Floyd /sl Clysta Ann Willett

Mayor Pro Tempore Charles D. Floyd Clysta Ann Willett
lsi Penelope R. Feist

STATE OF ARKANSAS )
) SSe
COUNTY OF BAXTER )
SUBSCRIBED AND SWORN to before me this 29th day of October,

1976, by Charles D. Floyd, Mayor Pro Tempore, and Penelope R. Feist,
City Clerk of Mountain Home, Arkansas.
lsiElmer Eddie Reed

Notary Public
My Commission Expires:
November 28, 1976
SUBSCRIBED AND SWORN to before me this 29th day of October,

1976, by Clysta Ann Willett.
lsi Elmer Eddie Reed

Notary Public
My Commission expires:
November 28, 1976
AUTHORIZING OPTION TO PURCHASE

PROPERTY FOR CITY PARK
ORDINANCE NO. 460

AND SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF MOUNTAIN
HOME, ARKANSAS; ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF MOUNTAIN HOME, ARKANSAS, AND TO ANNEX PROPERTY
TO THE CITY OF MOUNTAIN HOME, ARKANSAS, AS COMMERCIAL C-2.

County, Arkansas, by the real estate owners of the land hereinafter
described, praying that said lands be annexed to and made a part of
the City of Mountain Home, Arkansas; and
WHEREAS, on the 1st day of October, 1976, the County Court of

Baxter County, Arkansas, found that said petition was signed by all
of the fee simple owners of the said property; that the said terri-
tory is contiguous to the present corporate limits of the City of
Mountain Home, Arkansas; that accurate plats or maps of said territory
showing its relationship to the present city has been filed and made a
part of said annexation petition; that proper notice has been given for
the time and in the manner prescribed by law; that said lands and terri-
tory should be annexed to the City of Mountain Home, Arkansas, subject
to the acceptance of the same by the City Council of said city at the
proper time as provided by law; and
annexation made by the County Court has expired, and no appeal has
been taken from said order; and
WHEREAS, the same petitioners have petitioned in writing to the

to the Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, for the purposes hereinafter set out; and

be heard and has ascertained that said petition was signed by all the
owners of the real property in said territory; and
WHEREAS, a proper petition was filed by property owners requesting

a zoning; that said petition was submitted to the Planning Commission
of the City of Mountain Home, Arkansas; that notice of said petition
and a public hearing thereon was published in a newspaper having local
circulation as required by ordinance; that a public hearing was held;
that all remonstrances were heard, after which the Planning Commission
recommended that all property described hereinafter be annexed to the
City of Mountain Home, Arkansas, as Commercial C-2.

Section 1: That the following described lands in territory con-

tiguous to and adjoining the City of Mountain Home, Arkansas, and to
Water and Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, be and the same is hereby accepted and annexed to the City of
Mountain Home, Arkansas, and Water and Sewer Improvement District No. 3
of the City of Mountain Home, Arkansas, and annexed to the City of
Mountain Home, Arkansas, as Commercial C-2, to-wit:
Part of the NWt SEt Section 10, Township 19 North,

Beginning at the SE 1/16 cor. of Sec. 10 (this being
the SE corner of said 40) run thence N. 1 deg. 24' E.
283.5 ft. to a fence and the point of beginning, run
thence S. 83 deg. 38' W. along fence line 1355.29 ft.
to a point, thence N. 2 deg. 30' E. along fence 565.1
ft. to fence corner, thence S. 88 deg. 20' E. along
fence 701 ft., thence N. 51 deg. 20' E. along fence
343.2 ft. to a point, run thence S. 39 deg. 35' E.
241.6 ft. to a point, run thence S. 50 deg. 25' W. 60
ft. to point, thence S. 39 deg. 35' E. 280.6 ft.,
thence N. 85 deg. 09' E. 57.5 ft. to the East line of
the NWt SEt, run thence S. 1 deg. 24' W. 220.1 ft. to
Also, part of the st NEt SEt Sec. 10, Twp. 19 N. R. 13

W., bounded and described as follows: Beginning at the
SE 1/16 cor. (being the SW cor. of NEt SEt) run thence
N. 1 deg. 24' E. 453.6 ft. to point of beginning for
the tract herein described, continue thence N. 1 deg.
24' E. 50 ft. to a point, run thence N. 85 deg. 09' E.
147.25 ft. to the W. boundary of Highway No.5, run
thence in a SE direction along the West boundary of
said highway 65 ft. to a point, run thence S. 86 deg.
04' W. 98.67 ft. to a point, run thence S. 7 ft. to a
point, run thence West 90 ft. to the point of beginning.

thereof may be assessed upon the real properties hereinabove des-
cribed as benefits thereto.
Section 3: There is an immediate need for constructing exten-

sions to existing sanitary sewer system and water system, as the
same now exist, to serve the property within the boundaries herein-
above described. Therefore,an emergency is hereby declared to exist,
this ordinance being necessary for preservation of the public health
and safety, the same shall be in full force and effect from and after
PASSED AND APPROVED this 1st day of November, 1976.
APPROVED:
Cnarles Mayor Pro Tempore
ATTEST:
ANNEXING ROGER TUCKER PROPERTY

(HWY 5 SOUTH)
ORDINANCE NO. 461

AND TO ANNEX PROPERTY TO THE CITY OF MOUNTAIN HOME,
ARKANSAS, AS RESIDENTIAL R-1.

Count~ Arkansas, by the real estate owners of the land hereinafter
described, praying that said land be annexed to and made a part of
the City of Mountain Home, Arkansas; and
WHEREAS, on the 7th day of September, 1976, the County Court

of Baxter County, Arkansas, found that said petition was signed by
the fee simple owner of the majority of said property; that the said
territory is contiguous to the present corporate limits of the City
of Mountain Home, Arkansas; that accurate plats or maps of said ter-
ritory showing its relationship to the present city had been filed
and made a part of said annexation petition; that proper notice had
been given for the time and in the manner prescribed by law; that
said lands and territory should be annexed to the City of Mountain
Home, Arkansas, subject to the acceptance of the same by the City
Council of said city at the proper time as provided by law; and
of annexation made by the County Court has expired, and no appeal
has been taken from said order; and
WHEREAS, the same petitioners have petitioned in writing to

the City of Mountain Home, Arkansas, praying that said property
be annexed to the Water and Sewer Improvement District No. 3 of
the City of Mountain Home, Arkansas, for the purposes hereinafter
set out; and

to be heard and has ascertained that said petition was signed by the
owners of a majority of the real property in said territory; and
WHEREAS, a proper petition was filed by property owners re-

questing a zoning; that said petition was submitted to the Planning
paper having local circulation as required by ordinance; that a public
Planning Commission recommended that all property described herein-
after be annexed to the City of Mountain Home, Arkansas, as Residential
R-1.

Section 1: That the following described lands in territory con-

tiguous and adjoining the City of Mountain Home, Arkansas, and to
Water and Sewer Improvement District No.3 of the City of Mountain
Home, Arkansas, be and the same is hereby accepted and annexed to
the City of Mountain Home, Arkansas, and Water and Sewer Improvement
District No.3 of the City of Mountain Home, Arkansas, as Residential
~-1, to-wit:
All of Block 8 and Block 9, Lots 7 of Block 11 and

Lots 2, 4, 6 and 8 of Block 7 o£ Evergreen Subdivision,
including all streets and improvements.
Section 3: There is an immediate need for constructing

extensions to existing sanitary sewer system and water system,
as the same now exist, to serve the property within the
boundaries hereinabove described. Therefore, an emergency is
hereby declared to exist, this ordinance being necessary for
preservation of the public health and safety, the same shall be
PASSED AND APPROVED this 1st day of November, 1976.
APPROVED:
ATTEST:
Penelope
ANNEXATION OF KNOWLES PROPERTY

(portion of Evergreen Estates)
ORDINANCE NO. 462
AN ORDINANCE AMENDING ORDINANCE NO. 441 WHICH REVISES SAID

ORDINANCE TO COMPLY WITH THE FEDERAL COMMUNICATIONS COMMISSIONIS
RULES, FOR THE REDUCTION OF THE FRANCHISE PERIOD TO FIFTEEN (15)
YEARS WITH OPTION TO RENEW THE SAME, AND FOR OTHER PURPOSES.

ARKANSAS, AS FOLLOWS:
That Section 1 of Ordinance 441 is hereby amended to read as

follows:
SECTION 1. In consideration of the faithful performance and observance

of the conditions and reservations hereinafter specified, the right is
hereby granted to Home Cable Company, its successors and assigns, here-
inafter referred to as Grantee, to erect, maintain and operate antenna
television transmission and distribution facilities in, under, over,
along, across, and upon the streets, lanes, avenues, sidewalks, alleys,
bridges, and other public places in the City of Mountain Home, Arkansas,
and subsequent additions thereto, for the purpose of transmission and
distribution of television impulses and television energy, both community
antenna and closed-circuit, including programs recorded on film and
television tape or otherwise recorded in accordance with the laws and
regulations of the United States of America and the State of Arkansas,
and the ordinances and regulations of the City of Mountain Home, for a
period of fifteen years. Prior to one year before the expiration of
this franchise, Home Cable Company shall give written notice of its
intention to exercise its option to renew this franchise for an addi-
tional fifteen-year period. The City of Mountain Home shall hold a
public hearing affording due process within 90 days of the notice of
option to determine if the renewal option is to be granted. The City
of Mountain Home may not deny said renewal option except for good cause.
That Section 12 of Ordinance 441 is hereby amended to read as

follows:
SECTION 12. After specific notice of the Company1s construction plan

and the fact that the entire town will not be wired and a public hear-
ing affording due process the grantee shall provide service only to
those areas within the corporate limits of the City wherein the density
of subscribers is adequate to permit the providing of service on an
economically feasible basis; provided, however, the Grantee must pro-
vide service to any person who requests such service to a building
situated in the City and within 300 feet of existing facilities of
the Grantee, if such person is otherwise entitled to service.
That the following new sections are hereby added:
SECTION 22. Company1s legal, character, financial, technical and

other qualifications, and the adequacy and feasibility of its con-
struction arrangements have been approved by the City Council as part
of a full public proceeding affording due process.
SECTION 23. Company shall, as expeditiously as possible, investigate

and resolve, to the extent possible, all complaints regarding the
quality of service, equipment malfunctions, and similar matters and
correct same expeditiously, and the Company shall maintain a local
business office or listed agent at a location which subscribers may
visit readily and may call without incurring toll charges so that
complaints and requests for repairs or adjustments may be received.
The City Council of Mountain Home shall have primary responsibility
for the continuing administration of the franchise and implementation
of complaint procedures. Notice of the procedures for reporting and
resolving complaints will be given to each subscriber at the
time of initial subscription to the cable system.
SECTION 24. This franchise agreement is subject to FCC regula-

tions as they now exist. Any modification of the provisions of
Section 76.31 of the rules of the FCC resulting from amendment by
the FCC shall be incorporated into this franchise within one (1)
year of the adoption of such modification, or at the time of a
franchise renewal, whichever occurs first.
WHEREAS, this Ordinance is necessary for the preservation

of the health and safety of the citizens of Mountain Home, Arkansas,
an emergency is hereby declared to exist and this Ordinance shall be
APPROVED this the 15th day of November, 1976.
Charles D. Floy ~ ~ayor Pro Tempore

U
ATTEST:
Clerk
AMENDMENT TO HOME CABLE COMPANY

FRANrHTSE ORDINANCE
ORDINANCE NO. 463

AREA REZONED.

HOME, ARKANSAS:
That a proper Petition was filed by a property owner requesting

a change in zoning; that said Petition was submitted to the Planning
Petition and a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No. 163 and the
posting of notice on subject property in accordance with Ordinance
heard, after which the Planning Commission recommended that all prop~
erty described hereinafter be rezoned.

ARKANSAS:

and is hereby, changed in zoning from Commercial C-2 and Residential
R-2 to Industrial 1-1:
A part of the swt NE t, and part of the SEt NWt, Section

16, Township 19 North, Range 13 West described as follows:
Starting at the NW corner of said swt NEt, thence South
approximately 50 feet to the South line of 16th Street
as it now exists to the point of beginning; thence East
-along the South line of said 16th Street, approximately
600 feet to an old fence line; thence South along said fence
line, approximately 1100 feet; thence West approximately
1100 feet to the East line of H,vy. 201 Spur; thence North
along said East line, approximately 250 feet to the inter-
section of the South line of Hwy. 201; thence Northerly
along the South and East line of said Hwy.201 to the point
of beginnning, containing 20 acres, more or less. Also
more accurately described as a part of the swt NEt, and
part of the SEt NWt, all in Section 16, Township 19 North,
Range 13 West, Baxter County, Arkansas, described as
follows: Starting at the NW corner of said swt NEt,
thence South 38 deg. 03' East, 63.31 ft. to a point on
the South right-of-way line of 16th Street and the East
right-of-way line of Hwy. 201, said point being the point
of beginning; thence North 89 deg. 481 East, 594.71 ft.
along the South line of 16th Street; thence South Odeg.
271 West, 1100.00 ft.; thence South 89 deg. 54' West,
1105.74 ft. to the East right-of-way line of Hwy. 201
Spur; thence North 4 deg. 40' East, 282.69 ft. along the
East line of Hwy. 201 Spur to the South right-of-way line of
Hwy. 201; thence along the South and East line of Hwy. 201,
North 46 deg. 26' East, 258.82 ft.; thence North 43 deg.
13' East, 163.84 ft.; thence North 35 deg. 53' East, 135.23
ft.; thence North 26 deg. 02' East, 178.31 ft.; thence North
8 deg. 58' East, 253.70 ft. to the point of beginning; con-
taining 21.33 acres more or less.
WHEREAS, this Ordinance is necessary for the preservation of the

health and safety of the citizens of Mountain Home, Arkansas, an emer-
gencyis hereby declared to exist, and this Ordinance shall be in full
force and effect from, and after, its passage and publication.
ENACTED THE 22nd day of November 1976, and declared effective
APPROVED:
~·cf~
ATTEST:
c:J
\~'7J )
~. /\k·
penelope~e:r'C!l~ Clerk
Rezoning Philrite Development Inc.
ORDINANCE NO. 464

COMMERCIAL C-2.

HOME, ARKANSAS:

paper having local circulation as required by Ordinance No. 163; that
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTAIN

HOME, ARKANSAS:

C-2.
That part of the NEt NEt, Section 17, Township 19 North,

Range 13 West, described as follows: Beginnning at the
SE corner of the NEt NEt, Section 17, and run thence
West 700 feet to the West side of U.S. Highway No. 62,
thence North 21 Deg. East along the west boundary of
said highway 1187 feet and to a stake driven in the
ground for the NE corner of the Lura King tract, for
a point of beginning for the tract herein described,
thence continue North 21 Deg. East along said highway
105 feet to a point, run thence North 60 Deg. West on
a line parallel with the North line of the King tract
200 feet to a point 105 feet North of the King North
line, run thence South 21 Deg. West 105 feet and to the
King fence, run thence South and East making the fence
the line, 200 feet to the place of beginning, containing
about one-half acre.

the health and safety of the citizens of Mountain Home, Arkansas,
am emergency is hereby declared to exist and this Ordinance shall
be in full force and effect from and after its passage and publication.
ENACTED the 6th day of December, 1976, and declared effective

APPROVED:
ROldE:PieTCe, Mayor
ATTEST:
Rezoning Kirby Smith property

ORDINANCE NO. 465

DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST
EXTRAORDINARY SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY
OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS
AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING
OF THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PAR-
TICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE);
AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE
SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS
PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF
THE INDUSTRIAL PROJECT AND THE FINANCING THEREOF; AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Mountain Home, Arkansas (the "City") is

authorized by Act No. 9 of the First Extraordinary Session of the Sixty-
Second General Assembly of the State of Arkansas, approved January 21,
1960, as amended ("Act No. 911), to acquire lands, construct and equip
manufacturing buildings, improvements and facilities and to incur other
costs and expenses and make other expenditures incidental to and for
the implementing and accomplishing of the conduct of manufacturing
operations; and
WHEREAS, the City is authorized by Act No.9 to issue Industrial

Development Revenue Bonds payable from revenues derived from the Indus-
trial Project so acquired and constructed and secured by a lien thereon
and security interest therein; and
WHEREAS, the necessary arrangements have been made with Fisher

Scientific Company, a Pennsylvania corporation ("Fisher"), for the ac-
quiring, constructing and equipping of a manufacturing plant consisting
of lands, buildings, improvements, machinery, equipment and facilities
which will be utilized for the manufacturing of such products as Fisher
shall elect to manufacture (the llProject!!)and to lease the project to
Fisher pursuant to the terms of a Lease and Agreement subsequently identi-
fied herein and referred to as the "Lease Agreement"; and
WHEREAS, permanent financing of the Project costs, necessary costs

and expenditures incidental thereto and expenses of authorizing and
issuing Bonds, is being furnished by the City issuing Industrial Devel-
opment Revenue Bonds under the provisions of Act No.9 (the "Bonds!!); and
WHEREAS, the Bonds are to be sold and issued in series, with there
being initially issued Series 1976 in the principal amount, bearing
interest, maturing and subject to redemption as hereinafter set forth in
the form of Indenture authorized by this Ordinance;

Section 1. That there be, and there is hereby authorized and

directed the following:
(a) The sale of the Series 1976 Bonds to Spephens, Inc.,

Little Rock, Arkansas, and the execution by the Mayor
and City Clerk of a Bond Purchase Agreement with such
purchaser for the price and pursuant to the terms rec-
ommended by Fisher (a copy of which shall be filed in
the office of the City Clerk);
(b) The acquiring, constructing and equipping of the Project

in accordance with the provisions of the Lease Agreement;
and
(c) The performance of all obligations of the City under the

Lease Agreement pertaining to the acquiring, constructing,
and equipping of the Project.
Section 2. That the issuance of the Bonds, in accordance with
the Indenture (hereinafter authorized), is hereby authorized, and
the immediate delivery of the Series 1976 Bonds is hereby author-
ized. To prescribe the terms and conditions upon which the Bonds
are to be executed, authenticated, issued, accepted, held and
secured, the Mayor is hereby authorized and directed to execute
and acknowledge a Trust Indenture (the "Indenture"), and the City
Clerk is hereby authorized and directed to execute and acknowledge
the Indenture and to affix the seal of the City thereto, and the
Mayor and City Clerk are hereby authorized and directed to cause
the Indenture to be accepted, executed and acknowledged by the
Trustee. The Indenture, which constitutes and is hereby made a
part of this Ordinance, shall be in substantially the following
form, to wit:
Section 3. That the Mayor and City Clerk, for and on behalf
of the City, be, and they are hereby, authorized and directed to do
any and all things necessary to effect the execution and delivery
of the Indenture, its execution and acceptance by the Trustee, the
performance of all obligations of the City under and pursuant to
the Indenture, the execution and delivery of the Series 1976 Bonds,
the execution and delivery of an Official Statement and the per-
formance of all acts of whatever nature necessary to effect and
carry out the authority conferred by the Indenture and by this
Ordinance. That the Mayor and City Clerk be, and they are hereby,
further authorized and directed, for and on behalf of the City, to
execute all papers, documents, certificates and other instruments
that may be required for the carrying out of such authority or to
evidence the exercise thereof.
Section 4. That the City is here involved with the acquiring,

constructing and equipping of industrial facilities, and therefore,
pursuant to applicable laws of the State of Arkansas, including par-
ticularly Act No.9, competitive bidding is waived.
Section 5. That the Mayor and City Clerk for and on behalf of
the City, be and they are hereby authorized and directed to take all
action, and execute and file all documents, necessary to perfect an
election to proceed under Section 103 (c) (6) (D) of the Internal
Revenue Code of 1954, as amended, to the end of insuring that in-
terest on the Bonds is exempt from federal income taxes.

shall for any reason be declared to be invalid, such declaration
phrases and provisions.
Section 7. That all ordinances, resolutions and parts thereof

in conflict herewith are hereby repealed to the extend of such
conflict.

immediate need for the securing and developing of industry in order
to provide em~Yment and payrolls, alleviate unemploYment and other-
wise benefit the public health, safety and welfare of the City and
the inhabitants thereof, and the issuance of the Bonds authorized
hereby and the taking of the other action authorized hereby are
immediately necessary for the accomplishing of these public bene-
fits and purposes. It is, therefore, declared that an emergency
exists and this Ordinance being necessary for the immediate preserva-
tion of the public peace, health and safety shall be in force and
effect immediately upon and after its passage.
PASSED: December 20, 1976.
APPROVED:
ATTEST:
Ronald E. Pierce, Mayor
Bond Ordinance - Fisher Scientific

ORDINANCE NO. 466
AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND

BETWEEN THE CITY OF MOUNTAIN HOME, ARKANSAS, AS LESSOR,
AND FISHER SCIENTIFIC COMPANY, AS LESSEE IN SUBSTANTIALLY
THE FORM AND WITH THE CONTENTS SET FORTH AND MADE A PART
OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY
OF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS
RELATING THERETO; AND DECLARING AN EMERGENCY.
BE IT ORDAINED by the City Council of the City of Mountain

Home, Arkansas:
Section 1. That there be, and there is hereby authorized the

execution and delivery of a Lease and Agreement (the "Lease Agree-
mentn) wherein the City of Mountain Home, Arkansas (the !ICity"), is
Lessor, and Fisher Scientific Company, a Pennsylvania corporation
("Fisher"), is Lessee, in substantially the form and with substan-
tially the contents hereinafter set forth, and the Mayor and City
Clerk be, and they are hereby, authorized to execute, acknowledge
and deliver the Lease Agreement for and on behalf of the City. The
form and contents of the Lease Agreement, which are hereby approved
and which are made a part hereof, shall be substantially as follows:
Section 2. That the Mayor and City Clerk be and they are hereby,
authorized and directed, for and on behalf of the City, to do all
things, execute all instruments and otherwise take all action neces-
sary to the realization of the City's rights and to the discharge of
the City's obligations as Lessor under the Lease Agreement.

shall, for any reason, be declared to be invalid, such declaration
phrases or provisions. .
Section 4. That all ordinances and parts of ordinances in con-

flict herewith are hereby repealed to the extent of such conflict.
Section 5. Th there is hereby found and declared to be an

immediate need for the securing and developing of industry at the
City in order to provide additional emploYment and increased pay-
rolls, alleviate unemploYment and provide other benefits incidental
to the operation of a substantial industry, and the execution and
delivery of the Lease Agreement authorized by this Ordinance are
necessary for the accomplishment of these public benefits and pur-
poses. It is, therefore, declared that an emergency exists, and
this Ordinance, being necessaryfur the immediate preservation of
the public peace, health and safety, shall be in force and take
effect immediately upon and after its passage.
APPROVED:
l
ATTEST:
~£~e,~~
Penelope R~rst ,(Ci ty Clerk
Lease & A~reement

- -
- Fis~er Scientific
ORDINANCE NO. 467
AN ORDINANCE ESTABLISHING THE PROCEDURES FOR PURCHASES BY

THE CITY OF MOUNTAIN HOME WHEREIN THE COST INVOLVED IS BE-
~WEEN TWENTY DOLLARS AND ONE THOUSAND DOLLARS; ESTABLISHING
A COMMITTEE FOR REVIEW, AUTHORIZATION AND APPROVAL OF ALL
SUCH PURCHASES, AND FOR OTHER MATTERS RELATING THERETO.

Home, Arkansas:
Section 1. That all proposed purchases by the Mayor or his

duly authorized representative wherein the cost involved is between
Twenty and One Thousand dollars shall be first submitted to a com-
mittee consisting of three members of the City Council and authori-
zation and approval of such purchase and expenditure shall first be
obtained prior to any purchase or expenditure of any funds.
Section 2. That the members of the committee as created in

Section 1 above shall be elected by a simple majority vote of the
entire City Council of the City of Mountain Home, Arkansas, within
one week after the passage of this ordinance and its becoming law.
Section 3. That the committee shall be known as the Committee

on Minor Finances and shall have the authority to promUlgate rules
and regulations as to times of meeting, methods of operation and
other matters relating to carrying out the purposes of this Ordinance
and the functioning of this Committee.

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 or provisions.
Section 5. That all Ordinances and parts of Ordinances in con-

flict herewith are hereby repealed to the extent of such eonflict.

immediate need for the orderly and supervised regulation of minor
purchases for the City and assistance to the Mayor and his duly
authorized representative in making such purchases. It is, therefore,
declared that an emergency exists, and this Ordinance, being necessary
for the immediate preservation of the public peace, health and safety
shall be in force and take effect immediately upon and after its
passage.
APPROVED:
ATTEST:
~c?~~
ROaidE:Pierce, Mayor
9M2
penelope~s
~, City Clerk
Establishing Minor Finance Committee

ORDINANCE NO. 468
AMENDING ORDINANCE NO. 163 WITH REFERENCE TO ZONING

WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME,
ARKANSAS, RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL
R-1 TO COMMERCIAL C-2.

HOME, ARKANSAS:
Commission of the City of Mountain Home, Arkansas; that said notice
of said petition and a public hearing thereon was published in a
newspaper having local circulation as required by Ordinance No. 163;
ARKANSAS:
C-2.
That part of the SEt SEt of Sec. 8, and that part

of the NEt NEt of Sec. 17, in Twp. 19 North, Range
13 West, described as follows:
Beginning at the SE corner of the NEt NEt Sec. 17

and run West 700 feet to West side of U.S. Highway
#62, thence North 21 degrees East along the West
Boundary of said Highway 1082 feet, more or less,
and to the NE corner of the James B. Gibson tract
and to the point of beginning for the tract herein
described, thence North 21 degrees East along said
Highway, making same the line 105 feet to a point,
thence North 60 degrees West 210 feet, more or less
to corner, thence run South 21 degrees West 100
feet to corner post, thenee South and East 210 feet,
more or less, to West side of said Highway #62, to
the point~f beginning, containing 2 acres, more or
less.
ENACTED the 3rd day of January, 1977, and declared effective

APPROVED:
ATTEST:
~t:rce, ~
Mayor
Rezoning - King property - R-1 to C-2

ORDINANCE NO. 469

COMMERCIAL C-3.

HOME, ARKANSAS:

said Petition and a public hearing thereon was published in a news-
paper having local circulation as required by Ordinance No. 163;
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME,

ARKANSAS:

and is hereby changed in zoning from Residential R-1 to Commercial C-3.
Part of the NWt swt, Section 14 and part of the NEt

SEt, Section 15, Township 19 North, Range 13 West,
Mountain Home, Baxter County, Arkansas, described as
follows: Starting at the Southwest corner of the
said NEt SEt, Section 15, thence North 0 degrees 15'
West, 535.5 feet; thence North 89 degrees 03' East,
485.6 feet; thence South 1 degree 42' 30" East, 94.6
feet; thence North 88 degrees 30' East, 124.8 feet;
thence South 17 degrees 38' 30" East, 135.4 feet;
thence North 88 degrees 53' 30" East 589.6 feet to
the point of beginning; thence North 88 degrees 53'
30" East, 259.4 feet; thence South 0 degrees 40'
30" East, 108.9 feet; thence South 89 degrees 17'
East, 123.8 feet; thence South 0 degrees 40' 30"
East, 104.2 feet; thence South 89 degrees 17' East,
302.5 feet; thence North 0 degrees 13' 30" East,
622.5 feet; North 89 degrees 17' 30n East 50.0 feet;
thence North 1 degree 10' West, 588.8 feet; thence
South 88 degrees 49' 30" West, 475.9 feet; thence
South 1 degree 01' 30" East, 402.2 feet; thence
North 89 degrees 48' West, 259.4 feet; thence South
o degrees 04' West, 587.0 feet to the point of be-
ginning, containing 15.70 acres, more or less.

the health and safety of the citizens of Mountain Home, Arkansas, an
emergency is hereby declared to exist and this Ordinance shall be in
ENACTED this 3rd day of January, 1977, and declared effective

APPROVED:
ATTEST:
Rezoning - Baxter Bldrs. property, R-1 to C-3

ORDINANCE NO. 470
AN ORDINANCE REPEALING ORDINANCE NO. 467.
ARKANSAS:
Section 1. That Ordinance No. 467 is hereby repealed.
Section 2. It is hereby declared that the immediate
abolition of the aforementioned ordinance is needed for the
health and welfare of the people of Mountain Home, Arkansas,
and therefore an emergency exists and this ordinance shall be
in full force and effect from and after its passage.

PASSED AND APPROVED: January 17, 1977.
APPROVED:
~c?
~ierce,
G?,.u, · -"
Mayor
ATTEST:
REPEALING ORDINANCE NO. 467

ORDINANCE NO. 471
AN ORDINANCE ESTABLISHING THE BUDGET AND FINANCE COMMITTEE.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
Section 1. That a committee consisting of three members of the
City Council is hereby established and shall be known as the Budget
and Finance Committee.
Section 2. It shall be the duty of this Committee to review all
purchase orders and vouchers and to report to the Council at the
second meeting of each month.
Section 3. All department supervisors and other persons shall
list all the purchase orders and vouchers from his department and
deliver same to the City Superintendent by the fifth day of each
month following such expenditures. The City Superintendent shall
deliver same to the Committee promptly.
Section 4. The Mayor shall select those persons to serve on
the committee, subject to the approval of the majority of the City
Council.
Section 5. It being necessary for the health and welfare of
the people of the City of Mountain Home, Arkansas, an emergency is
hereby declared to exist, and this ordinance shall be in full force
and effect from and after its passage .
.PASSED AND APPROVED this 17th day of January, 1977.
APPROVED:
ATTEST:
Estab~ishing Budget & Finance Committee

ORDINANCE NO. 472
AN ORDINANCE ESTABLISHING THE MANNER OF CALLING SPECIAL

MEETINGS OF THE MOUNTAIN HOME CITY COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS,
as follows:
Section 1. The Mayor or any three members of the City Council
may call special meetings upon at least two (2) hours notice.
Section 2. Such notice shall include the time,date and place
of the special meeting. The notice shall also include the general
purpose of the meeting; however, this does not preclude the City
Council from acting on, or considering, other matters which may
appropriately come before the body at such special meeting.
Section 3. Notice of a special meeting given at any regular
or special meeting of the City Council shall constitute due notice
to the members present. The City Clerk shall be responsible for
giving timely notice to absent members, as well as giving public
notice, containing the information specified in Section 2.
Section 4. Notice of a special meeting of the City Council
called by the Mayor at other than a meeting of the City Council
shall be accomplished by the Mayor notifying the City Clerk, in
writing i£ time permits, who shall be responsible for notifying
each City Council member individually, in writing if time permits,
and giving due public notice.
Section 5. Notice of a special meeting of the City Council
that is called by at least three members of the City Council shall
be accomplished by all three Council members notifying the City
Clerk, in writing if time permits. In addition to the information
specified in Section 2, the notice shall also include the name of
each Council member calling the meeting. The City Clerk shall be
responsible for notifying the Mayor and each member of the City
Council individually, not included in the three Council members
calling the special meeting, in writing if time permits, and giving

due public notice.
Section 6. In order to protect the rights and interests of
all City officials concerned and the general public, it is the in-
tent of this body that notice of a call for a special meeting shall
be given as far in advance as possible consistent with the nature
and immediacy of the purpose of the special meeting. The minimum
two (2) hours notice should therefore be resorted to only under
extreme and unusual circumstances.··
Section 7. If any provision of this ordinance is held invalid,
such invalidity shall not affect other provisions of the ordinance
which can be given effect without the invalid provision, and to
this end the provisions of the ordinance are declared to be separable.
Section 8. It being necessary for the orderly administration
of City affairs that special meetings of the City Council of Mountain
Home, Arkansas, be held from time to time to handle special circum-
stances that may arise requiring a prompt disposition and considera-
tion, therefore, an emergency is hereby declared to exist and this
ordinance 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 and approval.
DATED this 17th day of January, 1977.
APPROVED:
,
.
RaidE:Pierce, Mayor
ATTEST:
Special Meetings, manner of calling

ORDINANCE NO. 473 A
AN ORDINANCE AUTHORIZING GARVER AND GARVER TO CONDUCT

A PRELIMINARY STUDY ON THE FEASIBILITY AND COSTS OF
INSTALLING A SIPHON SYSTEM AT THE WATER INTAKE PLANT
OF MOUNTAIN HOME.
WHEREAS, there is an immediate need in the City of Mountain
Home, Arkansas, for a preliminary study to be done on the feasibility
and cost of installing a siphon system at the Mountain Home Water
Intake Plant to insure the water supply of the City.
HOME, ARKANSAS:
Section 1. That the firm of Garver and Garver is hereby
authorized to cause to be conducted a preliminary study on the feasi-
bility and costs of installing a siphon system at the Mountain Home
Water Intake Plant at Lake Norfork and the Mayor is authorized and
directed to pay the fair and reasonable costs for same, after the
study has been completed, up to $2,000.00.
Section 2. Whereas, the Siphon Study is needed immediately to
preserve the health and welfare of the people of Mountain Home,
Arkansas, an emergency is hereby declared and this Ordinance shall
PASSED AND APPROVED this 21st day of January, 1977.
APPROVED:
ATTEST:
Penelope~. ~ist, Clty Clerk
Authorizing Garver and Garver--Siphon Study

ORDINANCE NO. 473
AN ORDINANCE DECLARING AN EMERGENCY AND SUSPENDING THE

REQUIREMENT FOR COMPETITIVE BIDDING.
as follows:
That because of the heavy snows and severe cold, and for the
preservation of the health, safety and welfare of the people of
Mountain Home, Arkansas, the City Council hereby declares that an
emergency exists and that a snow plow is needed immediately and
that the requirement of competitive bidding should be suspended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
Section 1. That an emergency exists and that a snow plow is
needed immediately.
Section 2. That the requirement of competitive bidding is
hereby suspended.
Section 3. That the Mayor and City Superintendent are hereby
authorized and directed to inquire at several dealers forthwith and
that when they are in agreement to purchase the same for an amount
not to exceed $2,500.00, they shall so purchase.
Section 4. An emergency is hereby declared and this ordinance shall
PASSED AND APPROVED this 17th day of January, 1977.
APPROVED:
ATTEST:
Emergency Suspension of Bidding (snow plow)

ORDINANCE NO. 474

AREA REZONED.

Arkansas:
Petition and a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No. 163 and the post-
ing of notice on subject property in accordance with Ordinance No. 283;
after which the Planning Commission recommended that all property.
described herein be rezoned.
ARKANSAS:
That the following real estate located in Baxter County, Arkansas,
be, and is hereby, changed in zoning from Commercial C-2 and Residen-
tial R-1 to Industrial 1-1:
A part of the swt NEt and part of the SEt NWt and part of
the NWt SEt and part of the NEt swt, all in Section 16,
described as follows: Starting at the NW corner of swt NEt,
thence South 38 deg. 03' East, 63.31 ft.; thence South 8 deg.
58' West, 253.70 ft.; thence South 26 deg. 02' West, 178.31
ft.; thence South 35 deg. 53' West, 135.23 ft.; thence
South 43 deg. 13' West, 163.84 ft.; thence South 46 deg.
26' West, 258.82 ft.; thence South 4 deg. 40' West, 282.69
ft. to the point of beginning, thence North 89 deg. 54'
East, 622.30 ft.; thence South 4 deg. 40' West, 210.00 ft.;
thence South 89 deg. 54' West, 622.30 ft.; thence North
4 deg. 40' East, 210.00 ft. to the point of beginning, con-
taining 3.00 acres, more or less.
WHEREAS, this Ordinance is necessary for the preservation of the

health and safety of the citizens of Mountain Home, Arkansas, and an
emergency is hereby declared to exist, and this Ordinance shall be
Enacted the 7th day of March, 1977, AND DECLARED EFFECTIVE FROM
APPROVED:
Pierce, Mayor
ATTEST:
Rezoning Philrite Development property

R-1 and C-2 to 1-1
ORDINANCE NO. 475

ARKANSAS.

owners of the real property hereinafter described have filed a
Petition in writing, praying that said property be rezoned from
Residential, R-1, to Commercial, C-2; and
of the City of Mountain Home, Arkansas, has heard all persons de-
siring to be heard and has ascertained that said Petition was signed
by persons owning the majority in value of real property within said
territory; and
said Commission on the 22nd day of February, 1977, an affirmative
recommendation was made for the property to be rezoned from Residen-
tial, R-1, to Commercial, C-2; and
There is hereby rezoned from Residential, R-1, to Commercial,
C-2, the following described property located in Baxter County,
Arkansas, to-wit:
That part of the swt NWt lying North of the Mountain Home
and Salem Road, now Federal Highway No. 62, and West of
the Old Mountain Home-Goodall Hollow Road, making the
roads the line, containing one acre, more or less in the
NW corner of said forty in Section 3, Twp. 19 North, Range
13 West, more particularly described as follows:
Beginning at the Northeast corner of said tract, where the
quarter section line between the NWt NWt Sec. 3 and swt NWt
Sec. 3 crosses the old Goodall Hollow Road, thence run West
174 feet to a point, thence run South to the center of High-
way 62, 420 feet, thence up the center of said highway 150
feet to a point, thence in a Northeasterly direction 361 feet
to the point of beginning, in Section 3, Twp. 19 North, Range
13 West, containing it
acres, more or less. Also described
as that property lying directly East and next to the Carriage
Inn, and across the highway from East Gate Shopping Center.
PASSED AND APPROVED this 7th day of March, 1977.
APPROVED:
ATTEST:
Rezoning Vodicka property, R-1 to C-2

ORDINANCE NO. 476

THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, REL-
ATIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-1 TO COMMER-
CIAL C-2.

HOME, ARKANSAS:
That a proper petition was filed by a property owner

requesting a change in zoning; that said petition was submitted
to the Planning Commission of the City of Mountain Home,
Arkansas; that notice of said petition and a public hearing
theron was published in a newspaper having local circulation;
as required by Ordinance No. 163; that a public hearing was
held; that all remo~strances were heard, after which the
Planning Commission recommended that all property described

HOME, ARKANSAS:
That the following described real estate in Mountain Home,

Baxter County, Arkansas, be, and is hereby changed in zoning
from Residential R-1 to Commercial C-2.
Lots 1 and 2 of Cooper's Resubdivision of lots 6, 7, 8 and 9

of Mooney's First Addition to the City of Mountain Home,
Arkansas, all in the swt, NEt, Section 9, Township 19 North,
Range 13 West, Baxter County, Arkansas.
WHEREAS, this Ordinance being necessary for the preser-

vation of the peace, health and safety of the citizens of
Mountain Home, Arkansas, an emergency is hereby declared to ex~
ist and this Ordinance shall be in full force and effect from
ENACTED the 2nd day of May, 1977, and declared effective from
~
AT..
TEST~' I
.~ _
\J.brJ
Penelope R. Feist
City Clerk
Rezoning of Clarence M. and Mary E. Fenter property, R-1 to C-2

ORDINANCE NO. 477

RESIDENTIAL R-2.


thereon was published in a newspaper having local circulation
as required by Ordinance No. 163; that a public hearing was
held; that all remonstrances were heard, after which the Plan-
ning Commission recommended that all property described here-
inafter be rezoned.

HOME, ARKANSAS:

be, and is hereby changed in zoning from Residential R-1 to
Residential R-2.
Lot 1, Block 6, Northern Hills Subdivision, as shown by

the recorded plat thereof.
WHEREAS, this ordinance is necessary for the preservation

of the health and safety of the citizens of Mountain Home,
Arkansas, an emergency is hereby declared to exist and this
Ordinance shall be in full force and effect from and after its
ENACTED the 2nd day of May, 1977, and declared effective

APPROVED: ~
/~ Ii
•
~~a!~.
.' . ~.
<C
,
!
/.~
L-~~
"
Ronald E. Pierce,
MAYOR
ATTEST:
y~~~
Penelope R. Feist,
CITY CLERK
Rezoning of Homestead Realty, Inc. property, R-1 to R-2

ORDINANCE NO. 478
AMENDING ORDINANCE NO. 296 AS AMENDED BY ORDINANCE NO. 433

WITH REFERENCE TO AMENDING THE TEXT OF SAID ORDINANCE TO
ALLOW PUBLIC SCHOOLS EXISTING AT THE TIME OF THE PASSAGE OF
THIS ORDINANCE TO BE A PERMITTED USE UNDER ARTICLE 3-1 (A)
OF ORDINANCE NO. 296 AMENDED BY ORDINANCE NO. 433

HOME, ARKANSAS:
That the Planning Commission has recommended to the City
Council that the text of Ordinance No. 296 as amended by Ordin-
ance No. 433, be amended to allow public schools existing at the
time of the passage of this ordinance to be a permitted use in
Residential R-1 zoning; that after publication of notice, a
public hearing was held by the Planning Commission; that all
remonstrances were heard, after which the Planning Commission
recommended that the text of Ordinance No. 296 as amended by
Ordinance No. 433 be amended.
HOME, ARKANSAS:
That Article 3-1 ~A) of Ordinance No. 296 as amended by
Ordinance No. 433, be, and is hereby amended to allow public
schools existing at the passage of this ordinance as Permitted
Uses for Residential R-1 zoned property.
---"WHEREAS,this- ordinance is necessary for the preservation
Ordinance shall be in full force and effect from and after
ENACTED the 13th day of June, 1977, and declared effective
ATTEST:
(~2V4a:;:SM
Amendment to Zoning Regs. Ord. No. 296 on Public Schools allowed in R-1 zone.
ORDINANCE NO. 479

TO WATER & SEWER IMPROVEMENT DISTRICT NO. 3 OF THE
CITY OF MOUNTAIN HOME, ARKANSAS: AND ACCEPTING THE
WHEREAS, a petition was filed with the County Clerk
of Baxter County, Arkansas, by the real estate owners of
the land hereinafter described, praying that said land
be annexed to and made a part of the City of Mountain
Home, Arkansas; and
WHEREAS, on the 18th day of April, 1977, the County
Court of Baxter County, Arkansas, found that said peti-
tion was signed by all of the fee simple owners of the
said property; that the said territory is contiguous to
the present corporate limits of the City of Mountain
Home, Arkansas; that accurate plats or maps of said ter-
ritory showing its relationship to the present city had
been filed and made a part of said annexation petition;
that proper notice had been given for the time and in
the manner prescribed by law; that said lands and terri-
tory should be annexed to the City of Mountain Home,
Arkansas, subject to the acceptance of the same hy.the
City Council of said city at the proper time as provided
by law; and
WHEREAS, the time fixed by law for appealing from
said order of annexation made by the County Court has
expired, and no appeals have been taken from said order;
and
WHEREAS, the same petitioners have petitioned in
writing to the City of Mountain Home, Arkansas, praying
that said property be annexed to the Water & Sewer Improv-

ment District No.3 of the City of Mountain Home, Arkansas
for the purposes hereinafter set out; and

WHEREAS, after due notice as required by law, the
City Council of the City of Mountain Home, Arkansas, has
heard all persons desiring to be heard and has ascertained
that said petition was signed by all the owners of the
real property in said territory.
NOW THEREFORE BE IT ORDAINED by the City Council of
Section 1. That the following described lands in
territory contiguous and adjoining the City of Mountain
Home, Arkansas, and to Water & Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, be and the
same is hereby accepted and annexed to the City of Mountain
Home, Arkansas, and Water & Sewer Improvement District No.
3 of the City of Mountain Home, Arkansas to-wit:
A part of the SW1/4 of the NE1/4 of Section 32,

Arkansas, described as follows: From the SE corner
of said SW1/4 NE1/4 run N 88 deg. 04' W, 50.00 ft.
to the point of beginning for the tract herein de-
scribed; run thence N 88 deg. 04' W, 957.30 ft.,
thence N 0 deg. 52' W, 262.94 ft., thence S 89 deg.
45' E, 968.14 ft., thence S 1 deg. 27' W, 291.08 ft.
to the point of beginning. To be known as Driftwood
Subdivision and containing 6.12 acres, more or less.
Section 2. Extensions to the existing sanitary
sewer and water systems as may now exist may be built
to serve the property within the bounds of the above de-
scribed territory in such manner and with such materials
as the Commissioners of Water & Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, may deem
to be the best interest of the said District. The costs
Section 3. There is an immediate need for construct-
ing extensions to existing sanitary sewer system and
water system, as the same now exist, to serve the property
within the boundaries hereinabove described. Therefore,
an emergency is hereby declared to exist, this ordinance
being necessary for preservation of the public health and

safety, the same shall be in full force and effect from
APPROVED:
ATTEST:
Annexation of Thomas J. and Loraine Embach property

ORDINANCE NO. 480
AN ORDINANCE ANNEXING PROPERTY CONTIGUO~ THEREWITH TO

WATER & SEWER IMPROVEMENT DISTRICT NO. 3 OF THE CITY OF
MOUNTAINHOME, ARKANSAS; ACCEPTING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF MOUNTAIN HOME, ARKAN-
SAS; AND TO ANNEX PROPERTY TO THE CITY OF MOUNTAIN
HOME ARKANSAS, AS COMMERCIAL C-2.
WHEREAS, a petition was filed with the County
Clerk of Baxter County, Arkansas, by the real estate own-
ers of the land hereinafter described, praying that said
land be annexed to and made a part of the City of Moun-
tain Home, Arkansas; and
WHEREAS, on the 13th day of April, 1977, the County
Court of Baxter County, Arkansas, found that said peti-
tion was signed by all of the fee simple owners of the
said property; that the said territory is contiguous to
the present corporate limits of the City of Mountain
Home, Arkansas; that accurate plats or maps of said
territory showing its relationship to the present city
had been filed and made a part of said annexation peti-
tion; that proper notice had been given for the time and
in the manner prescribed by law; that said lands and
territory should be annexed to the City of Mountain
Home, Arkansas, subject to the acceptance of the same by
the City Council of said city at the proper time as pro-
vided by law; and
WHEREAS, The time fixed by law for appealing from
said order of annexation made by the County Court has
expired, and no appeals have been taken from said order;
and
writing to the City of Mountain Home, Arkansas, praying
that said property be annexed to the Water & Sewer Im-

provement District No.3 of the City of Mountain Home,
Arkansas, for the purposes hereinafter set out; and
heard all persons desiring to be heard and has agcertained
real propprty in said territory; and

WHEREAS, a proper petition was filed by property own-
ers requesting a zoning; that said petition was submitted
Arkansas; that notice of said petition and a public hear-
ing thereon was published in a newspaper having local
circulation as required by ordinance; that a public hear-
ing was held; that all remons t rance.s were heard, after
which the Planning Commission recommended that all
property described hereinafter be annexed to the City of
Mountain Home, Arkansas, as Commercial C-2.
NOW THEREFORE BE IT ORDAINED by the City Council of
Home, Arkansas, and to Water & Sewer Improvement District
same is hereby accepted and annexed to the City of Moun-
tain Home, Arkansas, and Water & Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, and annexed
to the City of Mountain Home, Arkansas, as Commercial C-2,
to-wit:
A part of the NWt of the NEt of Section 3, Township 19

North, Range 13 West, described as follows, to-wit:
Beginning at the SE corner of the swt of the SEt of
Section 34, Township 20 North, Range 13 West, run
thence 125 ft. S 0 deg. 17' W to an iron pin; run
thence 402.25 ft. S 64 deg. 41' 30" W to an iron pin;
run thence 100 ft. N 24 deg. 40' 30" W; run thence
S 64 deg. 41' 30" W 60 ft. to a point; run thence
63 ft. N 24 deg. 40' 30" W to a point; run thence
152.02 ft. S 65 deg. 34' 30" W to a point; run thence
295 ft. N 24 deg. 251 W to a point; run thence 741.40
ft. E to the point of beginning for the tract herein
described, containing 3.22 acres, m0re or less.
section 2: Extensions to the existing sanitary sewer
and water systems as may now exist may be built to serve the
property within the bounds of the above described territory
in such manner and with such materials as the Commissioners of
water & Sewer Improvement District No. 3 of the City of Mountain
Home, Arkansas, may deem to be the best interest of the said
Disrrict. The costs thereof may be assessed upon the real
properties hereinabove described as benefits thereto.
as the same now exist, to serve the property within the
boundaries hereinabove described. Therefore, an emergency is
hereby declared to exist, this ordinance being necessary for
preservation of the public healthaad safety, the same shall be
in full force and effect from and after its passage and publica-
tion.
APPROVED:
~J!dg~~
R~ald E. Pierce, Mayor
ATTEST:
Annexation of Bill Worthen and Henry J. Stoebel property

ORDINANCE NO. 481 AMENDING
ORDINANCE NO. 296 AS AMENDED BY
ORDINANCE NO. 433, WITH REFERENCE
AREA ZONED AS RESIDENTIAL R-1
TO COMMERCIAL C-2.

HOME, ARKANSAS:
requesting a change in zoning; that said petition was
submitted to the Planning Commission of the City of Moun-
tain Home, Arkansas; that notice of said petition and a
public hearing thereon was published in a newspaper having
local circulation as required by Ordinance No. 296 as
amended by Ordinance No. 433; that a public hearing was
held; that all remonstrances were heard, after which the
MOUNTAINHOME, ARKANSAS:
That the following real estate in Baxter County,
Arkansas, be, and is hereby changed in zoning from Residen-
tial R-1 to Commercial C~2.
W1/2 W1/2 SE1/4 NW1/4, Section 4, Township 19

North, Range 13 West.
WHEREAS, this ordinance is necessary for the preser-
vation of the health and safety of the citizens of Mountain
Home, Arkansas, an emergency is hereby declared to exist
and this Ordinance shall be in full force and effect from
ENACTED the 27th day of June, 1977, and declared
effective from and after its passage.
APPROVED:
~d·/
I /~
/
ATTEST:
g~4a¥~
City Clerk
Rezoning of Homestead Realty property R-1 to C-2
ORDINANCE NO. 482 AMENDING
OF THE CITY OF MOUNTAINHOME,
AREA ZONED AS RESIDENTIAL R-1
TO COMMERCIAL C-3.

ARKANSAS:
That a proper petition was filed by a property owner re-
questing a change in zoning; that said petition was submitted
to the Planning Commission of the City of Mountain Home, Arkansas;
that notice of said petition and a public hearing thereon was
published in a newspaper having local circulation; as required
by Ordinance No. 163; that a public hearing was held; that all
recommended that all property described hereinafter be rezoned
HOME, ARKANSAS:
That the following described real estate in Mountain Home,
Baxter County, Arkansas, be, and is hereby changed in zoning
A part of Block 14 in MOONEY'S ADDITION to the town

of Mountain Home, as shown by therec6rded plat thereof
Beginning at the NW corner of said Block 14, at the

intersection of College Street and Eighth Street, run
thence South 0° 58'15" E along the East line of College
Street and the West line of said Block 14, 103.89 feet
to point, run thence N 89° 06'45" E 167 feet to the
fence line and East line of said Block 14, run thence
N 1° 15'30" W along fence line and East line of said
Block 103.89 feet to the NE corner of said Block and
South line of Eighth Street, run thence S 89° 06'45"
W along North line of said Block and South line of
Eighth Street 166.48 feet to the point of beginning.
WHEREAS, this Ordinance being necessary for the preservation
of the peace, health and safety of the citizens of Mountain Home,
ENACTED the 27th day of June, 1977, and declared effective
ATTEST:
Q~4iji<~d
City Clerk
Rezoning of the Lawrence and Mary
Stanley property, R-1 to C-3
ORDINANCE NO. 483
AN ORDINANCE DECLARING AN EMERGENCY AND SUSPENDING

THE REQUIREMENT FOR COMPETITIVE BIDDING.
ARKANSAS, as follows:
That because of the Breakdown of the emergency standby
Blower Motor for the Waste Water Treatment Plant, and for
the preservation of the health, safety and welfare of the
people of Mountain Home, Arkansas, the City Council hereby
declares that an emergency exists and that a Blower Motor
is needed immediately and that the requirement of competitive
bidding should be suspended.
Section 1. That an emergency exists and that a Blower
Motor is needed immediately.
Section 2. That the requirement of competitive bidding
is hereby suspended.
Section 3. That the Mayor is hereby authorized and
directed to purchase the same for amount not to exceed
$1,300.00.
Section 4. An emergency is hereby declared and this
ordinance shall be in full force and effect from and after
its passage.
APPROVED:
~l'/~'/~ .~
(~C7~21 L. !~~
R0nald E. Pierce, MAYOR
ATTEST:
y~~~
PeneIOpeROe{St,CiTY CLERK
Suspending competitive bidding for blower motor for waste water treatment plant
ORDINANCE NO. 484
AN ORDINANCE DECLARING AN EMERGENCY AND

SUSPENDING AND WAIVING THE REQUIREMENT FOR
COMPETITIVE BIDDING AND DIRECTING THE PURCHASE
OR AN INTERNATIONAL CUB LOWBOY TRACTOR, BELLY
MOWER, AND ATTACHMENTS.

That the City's current lawn mower is not satisfac-
tory to complete the mowing requirements of the City of
Mountain H@me, Arkansas. That the cost of a new tractor
is prohibitive. That a used mower is now available and for
the preservation of the health, safety and welfare of the
people of the City of Mountain Home, Arkansas, the City
Council hereby declares that an emergency exists and that
an International Cub Lowboy Tractor and belly mower and
attachments are needed immediately and that the requirement
of competitive bidding should be waived and suspended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
Section ±. That an emergency exists and that a used
International Cub Lowboy Tractor and belly mower and
attachments are needed immediately.
Section 2. That the requirement of competitive bidding
is hereby suspended and waived.
directed to purchase the same for an amount not to exceed
$1,900.00.
Section 4. An emergency is hereby deelaredand this
its passage.
APPROVED:
·~·I
(~~~~
=::
(y:-~
-
R\llald E. Pierce, Mayor
ATTEST:
QMV~O~
Penelope
R. FerSt, City Clerk
Waiving bidding requirements for purchase of tractor

ORDINANCE NO. 485
WITH RESPECT TO AREA RE~ZONED
HOME, ARKANSAS:
That proper petitions were filed by property owners
requesting a change in zoning; that said petitions were
submitted to the Planning Commission of the City of
Mountain Home, Arkansas; that notice of said petition and
local circulation as required by Ordinance No. 163 on the
posting of notice on subject property in accordance with
Ordinance No. 282; that a public hearing was held; that
all remonstrances were heard, after which the Planning,
Commission recommended that all property described herein-
after be rezoned.
HOME, ARKANSAS:
be and is hereby changed in zoning from Residential R-1
to Commercial C-3:
A part of the st SEt Section 5, Township 19 North,

Beginning at the NW corner of the swt SEt Section 5,

thence S. 76 Deg. 38' E. 1246.64 ft., thence S. 1 deg.
34' 00" E. 210.77 ft. to the point of beginning, the~ce
S. 1 deg. 34' E. 224.55 ft., thence S. 1 deg. 38' E. 375.35
ft., thence N. 89 deg. 13' E. 497.25 ft., thence N.
1 deg. 39' W. 391.24 ft., thence S. 84 deg. 26' W.
197.82 ft., thence N. 1 deg. 34' W. 229.15 ft., thence
S. 88 deg. 26' W. 299.70 feet to the point of beginning,
A part of the above described lands is now.subdivided into

a Subdivision known as K. and K. Su~division.
ENACTED THE 8th DAY OF AUGUST, 1977, AND DECLARED EFFECTIVE

APPROVED:
ATTEST:
Rezoning of part of K&K Subdivision, R-1 to C-3

ORDINANCE NO. 486
AN ORDINANCE AMENDING ORDINANCE NO. 296 AS AMENDED

BY ORDINANCE NO. 433, WITH RESPECT TO AREA REZONED.
BE IT ORDAINED by the City Council of the City of

That a proper Petition was filed by a property owner
requesting a change in zoning; that said Petition was
Mountain Home, Arkansas; that notice of said Petition
and a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No. 163
and the posting of notice on subject property in accor-
dance with Ordinance No. 283; that a public hearing was
herein be rezoned.
IT IS THEREFORE ORDAINED BY THE.CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
Arkansas be, and it is hereby, changed in zoning from
Residential R-1 to Commercial C-3, but restricted to the use
of residential purposes for multi-family dwellings not to
exceed eight (8) units under one (1) common roof; and
further restricted that if, at any time, a residential
classification is created for the City of Mountain Home
to provide for multi-family residential units, then the
zoning of this property:
A part of the wt
of the NWt of Section 10, Township
19 North, Range 13 West, described as follows:
Begin at the NW corner of Section 10 and run South

1253 feet to a point of beginning. From the point of
beginning, run N. 87 degs. 37' E. 96.06 feet, thence
S. 77 degs. 17' E. 83.09 feet, thence S. 51 degs. 55'
E. 60 feet, thence S. 6 Degs. 35' W. 227 feet, thence
S. 1 deg. E. 199.6 feet, thence N. 88 degs. 05' W.
208.04 feet to the East r/w line of street, thence
N. 0 deg. 43' E. along the r/w line 469.7 feet to the
point of beginning; Containing 2.25 acres;
shall be changed to the new residential classification

of zoning.
WHEREAS, this Ordinance is necessary for the preser-
Home, Arkansas, and an emergency is hereby declared to
exist, and this Ordinance shall be in full force and effect
fiom·~n~ after:{ts passage and publication.
Enacted the 22nd day of August, 1977, AND DECLARED
EFFECTIVE FROM AND AFTER ITS PASSAGE~;l / to /-----.J )
APPROV~{~. C2 c&?:J-~
y-ayor
ATTEST:G1ne~~~
City Clerk
Rezonin~ of David and Janet Osmon property, R-1 to C-3
ORDINANCE NO. 487

BY ORDINANCE NO. 433 WITH REFERENCE TO ZONING WITHIN
RELATIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-2
TO COMMERCIAL C-2.

requesting a change in zoning; that said petition was sub-
mitted to the Planning Commission of the City of Mountain
Home, Arkansas; that notice of said petition and a public
hearing thereon was published in a newspaper having local
circulation as required by Ordinance No. 296 as amended
by Ordinance No. 433; that a public hearing was held; that
all remonstrances were heard, after which the Planning
Commission recommended that all property described here-
inafter be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE
Arkansas, be, and is hereby changed in zoning from Resi-
dential R-2 to Commercial C-2.
A part of the swt of the swt of Section 4, TownShip
19 North, Range 13 West, lying West of the Old Howard
Ridge Road, €now State Highway 201) South of North
Street (formerly the Mtn. Home-Gainesville, Missouri
Road) East of Hillcrest Road and more particular~y
Beginning at the Section corner of Sections 4, 5,

8 and 9, Township 19 North, Range 13 West, run thence
North, along the Section line of Sections 4 and 5,
a distance of 1,220 feet to a point on the South right
of way of North Street; run thence N. 88 deg. 07' ~
E, along the South right of way of North Street, a
distance of 480.2 feet til L11'; iI! •••• # i· In f I};'"
ts6ti5' · ig]]t !if "(21)[ ljJ'Jr Af TTjJJOJ20Sj; Road with the
South line of North Street ~ a point of beginning.
-reo
From said point of beginning, run thence N 88 deg.
07' E, still along the South line of North Street,
a distance of 256 feet to intersect the West line of
the Old Howard Ridge Road, (now State Highway 201);
run thence S 1 deg. 30' E, along the West line of
State Highway 201, a distance of 819.3 feet to the
NE corner of the Elm Court property; run thence S 89
deg. 49' W, along this property line, a distance of
179.2 feet to the NW corner of the Elm Court property;
run thence S 0 deg. 11' W, along the West line of the
Elm Court property, a distance of 129.9 feet to the
North right of way line of State Highway No.5; run
thence, Northwesterly, along said ri-ghtof way, a dis-
tance of 62.6 feet to the SE corner of Lot No.1; run
thence North 0 deg. ii' East, along the East line of
Lots 1 through 5, a distance of 350 feet to the NE cor-
ner of Lot 5, run thence South 89 deg. 49' W, a dis-
tance of 40 feet to the South line of an alley between
Lots 5 and 6; run thence N 0 deg. 11' E, along the East
line of Lots 6 through 9, a distance of 284 feet to the
NE corner of Lot 9; run thence North a distance of
Containing 5 acres, more or less, with the following

exception of an easement granted to the J.H. Wallace
Co. to allow a service drive to the rear of Lots 1
through 5. This easement is triangular in shape mea-
suring 19.2 feet North to South, 19.3 feet East to
West with a diagonal of 27.2 feet, and is located
at the East end of the alley between Lots 5 and 6
of Shiras Heights Addition.

ENACTED the 22nd day of August, 1977, and declared
ATTEST~~
City Clerk
Rezoning of McIntire property on Hwy 201 N., R-1 to C-2

ORDINANCE NO. 488
AMENDING ORDINANCE NO. 296 AS AMENDED BY ORDINANCE

NO. 433, WITH REFERENCE TO ZONING WITHIN THE CITY
LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELA-
TIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-1 TO
COMMERCIAL C-3

That a proper petition was filed by the property owners
requesting a change in. zoning; that said petition was sub-
circulation as required by Ordinance No. 296 as amended by
remonstrances were heard, after which the Planning Com-
mission recommended that all property described hereinafter
be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUN-
TAIN HOME, ARKANSAS:
Arkansas, be, and is hereby changed in zoning from Residential
R-1 to Commercial C-3.
That part of the SEt NEt of Section 4, Township 19
North, Range 13 West, bounded and described as follows:
Beginning at the SW corner of said SEt NEt, run thence

N. 1° 30' E., a distance of .6 feet to a point, run
thence S. 89° 301 E., a distance of 361 feet to a
point 6 feet South of a fence corner post; run thence
N. 19° 00' W. along the fence and the West line of the
Nakis property, a distance of 166.2 feet to a point of
beginning of the tract herein conveyed; continue thence
N. 19° 001 W., 171.8 feet and to the South R/W line of
Highway No. 62; run thence Southwesterly along the
South R/W line of said Highway No. 62, a distance of
150 feet to a point; run thence left 104° 30' leaving
an interior angle of 75° 301, 142.4 feet to a point;
run thence left 53° 15' leaving an interior angle
of 126° 451, 45 feet to the point of beginning.
WHEREAS, this ordinance is necessary for the preserva-

tion of the health and safety of the citizens of Mountain
ENACTED this 22nd day of August, 1977, and declared
~/1
APPROVEDl.;g;;:::4~
~~
c ,~ '"
~ Mayor
ATTEST:~~~
City Clerk
Rezoning of Snyder property, R-1 to C-3
ORDINANCE NO. 489

NO. 433 WITH REFERENCE TO ZONING WITHIN THE CITY
LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS, RELA-
TIVE TO CHANGING AREA ZONED AS RESIDENTIAL R-2 TO
COMMERCIAL C-3.

circulation; as required by Ordinance No. 296 as amended
by Ordinance No. 433; that a public hearing was held;
that all remonstrances were heard, after which the Planning
Commission recommended that all property described hereinafter
be rezoned from Residential R-2 to Commercial C-3.
That the following described real estate in Mountain
Home, Baxter County, Arkansas, be, and is hereby changed
in zoning from Residential R-2 to Commercial C-3.
A part of the SEt SEt of Section 5, Township 19 North,
Range 13 West described as follows:
Commence in the center of the Arkansas State Highway

No.5, SW of the John Howard residence, at a point
where the center of the center of the Old Mountain
Home and Springfield Public Road crosses said Arkan-
sas State Highway No.5, run thence East in the ~
center of the Old Mountain Home and Springfield Pub-
lic Road, 320 feet, thence run due South about 275
feet to the center of the said Arkansas State Highway
No.5, thence run NW in the center of said Arkansas
State Highway No. 5 to the beginning, containing in
all one acre more or less.
WHEREAS, this Ordinance being necessary for the pre-

servation of the peace, health and safety of the citizens
of Mountain Home, Arkansas, an emergency is hereby declared
to exist and this Ordinance shall be in full force and
ENACTED the 22nd day of-August~ 1977, Jand declared
ATTEST~
City Cle k
Rezoning of Richard and Dee Byrd property, R-2 to C-3

ORDINANCE NO. 490

TO WATER & SEWER IMPROVEMENT DISTRICT #3 OF THE CITY
OF MOUNTAIN HOME, ARKANSAS, AND ACCEPTING THE ANNEXA-
TION OF CERTAIN TERRITORY TO THE CITY OF MOUNTAIN -
HOME, ARKANSAS
WHEREAS, a petition was filed with the County

Clerk of Baxter County, Arkansas, by the real estate
owner of the land hereinafter described, praying
that said land be annexed to and made a part of the
City of Mountain Home, Arkansas; and
WHEREAS, on the 26th day of August, 1977, the
County Court of Baxter County, Arkansas, found that
said petition was signed by the fee simple property
owner of the said property; that the said territory
is contiguous to the present corporate limits of the
City of Mountain Home, Arkansas;-that accurate plats
or maps of said territory showing its relationship of
the present city had been filed and made a part of
said annexation petition; that proper notice had been
given for the time and in the manner prescribed by
law; that said lands and territory should be annexed
to the City of Mountain Home, Arkansas, subject to
the acceptance of same by the City Council of said
city at the proper time as provided by law; and
said order of annexation made by the County Court
has expired, and no appeal has been taken from said
order; and
writing to the City of Mountain Home, Arkansas, pray-
ing that said property be annexed to the Water &
Sewer Improvement District #3 of the City of Mountain
Home, Arkansas, for the purposes hereinafter set out;
and
WHEREAS, after due notice as required by law,
the City Council of the City of Mountain Home,
Arkansas, has heard all persons desiring to be heard
and has ascertained that said petition was signed
by all the owners of the real property in said
territory.
NOW THEREFORE, BE IT ORDAINED by the City Council
of the City of Mountain Home, Arkansas:
Home, Arkansas, and to Water & Sewer Improvement Dis-
trict #3 of the City of Mountain Home, Arkansas, be,
and the same is hereby accepted and annexed to the
City of Mountain Home, Arkansas, and Water & Sewer
Improvement District #3 of the City of Mountain Home,
Arkansas, to-wit:
Part of the NEt of the NEt of Section 5, Town-
ship 19 North, Range 13 West, Baxter C9unty,
Arkansas, described as follows: From the NE
corner of said Section 5, run S. 0° 10T E.,
225 feet to the point of beginning for the tract
herein described; thence run S. 0° 10T E., 1114.66
feet; thence N. 89° 44T W., 1243.69 feet; thence
N. 0° 06T W., 1111.41 feet; thence S. 89° 53T
E., 1242.37 feet to the point of beginning, con-
Section 2. Extensions to the existing sanitary
sewer and water systems as may now exist may be built
to serve the property within the bounds of the above
described territory in such manner and with such
materials as the Commissioners of Water and Sewer
Improvement District #3 of the City of Mountain Home,
Arkansas, may deem to be the best interest of the said
District. The costs thereof may be assessed upon the
real properties hereinabove described as benefits
thereto.
Section 3. There is an immediate need for con-
structing extensions to existing sanitary sewer sys-
tem and water system, as the same now exist, to serve
the property within the boundaries hereinabove de-
scribed. Therefore, an emergency is hereby declared
to exist, this ordinance being necessary for preser-
vation of ~he public health and safety, the same shall
be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 24th day of October, 1977.
APPROVED:
ATTEST:
~~Ci ty Cle k (
Annexation of Northern Hills Estates #2.

ORDINANCE NO. 491

RESPECT TO AREA REZONED

That proper Petitions were filed by property owners
requesting a change in zoning; that said Petitions were
Mountain Home, Arkansas; that notice of said Petition
and a public hearing thereon was published in a news-
paper having local circulation as required by Ordinance
No. 163 on the posting of notice on subject property
in accordance with Ordinance No. 283; that a public
hearing was held; that all remonstrances were heard.
Arkansas, be and is hereby, changed in zoning from
Residential R-1 to Commercial C-3:
That part of the swt swt of Sec. 9 Twp. 19

North, Range 13 West, bounded and described
as follows: Commence at a point in the
center of what was known as the Mountain
Home and Arkana Public Road on the North
line of the swt swt near the NE corner of
said 40 and run thence in a general SE direc-
tion with the center of the said road to a
point 149 feet South of the North line of
said swt swt for a place of beginning, thence
run due West, parallel with the North line
of said swt swt, and 149 feet distance there-
from to the branch, thence in a general
Southeast direction with said branch and
down said branch to the East line of said
swt swt, thence North with said East line
of swt swt to the center of said road, thence
in a general Northwest direction with the
center of said road to the place of begin-
ning, containing 4 acres, more or less,
except 1 3/4 acres heretofore conveyed to
Roy McClellan, as is shown on Deed Record 32
at page 236 of records of Baxter County.
Also, beginning at the SE corner of the NWt
swt of Sec. 9, Twp. 19 North, Range 13 West,
running West on the quarter Section Line to
what is known as Dodd Creek, which is the
East line of the Irl Faul land, run thence
South and East wit'h said Dodd Creek to the
North line of the lands heretofore sold by
O.B. McClure to J.L. Gloer, thence with said
line East about 35 yards to a certain rock
fence, thence North along said rock fence
to the quarter Section line, thence West
to the place of beginning, being a part of
the swt swt of Sec. 9, Twp. 19 North, Range
13 West, being t acre, containing in all in
the tract herein 2t acres, more or less.
ENACTED THE 28th DAY OF NOVEMBER, 1977, AND DECLARED

EFFEC TrVE FROM AND AFT,ER r TS ~E; " ,', •
Q~~9JJc?9~
Penelope R. F~ ~nald E. Pierce, Mayor
City Clerk
Rezoning Pickett Property R-1 to C-3
ORDINANCE NO. 492

HOME, ARKANSAS:
That a proper Petition was filed by a property

owner requesting a change in zoning; that said Petition
was submitted to the Planning Commission of the City
of Mountain Home, Arkansas; that notice of said Petition
and a public hearing was thereon published in a news-
paper having local circulation as required by Ordinance
No. 163, and the posting of notice on subject property
in accordance with Ordinance No. 283; that a public hear-
ing was held; that all remonstrances were heard, after
which the Planning Commission recommended that all pro-
perty described hereinafter be rezoned.
IT IS THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE
Residential R-1 to Commercial C-3.
A part of the DEt NWt of Section 5, Twp. 19 North,
Range 13 West, described as follows: Begin at the
SE corner of the wt
SEt NWt of Section 5, and run
thence N. 0° 04' E. along the fence, 414 feet to a
point of beginning. From the point of beginning
run N. 89° 47' w. 190 feet, thence S. 0° 04' West,
50 feet, thence N. 77° 14' w. 200 feet, thence N.
62° 04' W. 180 feet, thence N. 5° 30' E. 245 feet,
thence N. 0° 06' E. 198 feet, thence S. 89° 55'
E. 521 feet to the fence, thence S.oo 04' W. along
the fence, 521 feet to the point of beginning.
WHEREAS, this Ordinance is necessary for the pre-

servation of the health and safety of the citizens of
Mountain Home, Arkansas, an~emergency is hereby de-
clared to exist, and this Ordinance shall be in full
force and effect from, and after its passage and
publication.
ENACTED THIS THE 28th DAY OF NOVEMBER, 1977, AND
DECLARED EFFECTIVE FROM AND AFTER ITS PASSAGE.

ATTEST:
adA;&~
Penelope R. ~, Ci~y Clerk
Rezoning of Lucas property (R-1 to C-3)

ORDINANCE NO. 493
AN ORDINANCE ACCEPTING PUBLIC DEDICATIONS, IMPROVEMENTS,

STREETS, AND ALLEYS OF VILLAGE GREEN WEST, PHASE I.

Section 1. That the public dedications, improve-
ments, streets and alleys of Village Green West Sub-
division, Phase I, including Lots #7 through #47, and
the following streets: Elizabeth Lane, Stephen Court
and Connie Court are hereby accepted and the Clerk and
Ex-Officio Recorder of the Circuit Court is hereby
authorized to record the final plat thereof.
Section 2. WHEREAS, this Ordinance is necessary
for the preservation of the health and safety of the citizens
of the City of Mountain Home, Arkansas, and an emergency
is hereby declared to exist and this Ordinance shall be
APPROVED THIS THE 28th DAY OF NOVEMBER, 1977.
APPROVED:
~/c??2~
~nald E. Pierce, Mayor
ATTEST:
ORDINANCE NO. 494
AN ORDINANCE AMENDING ORDINANCE NO. 296

ESTABLISHING A RESIDENTIAL 3 (R-3) AND
RESIDENTIAL 4 (R-4) AND AMENDING COMMERCIAL
2 (C-2) ZONING CLASSIFICATIONS.
BE IT ORDAINED BY THE CITY OOUNCIL OF THE CITY OF
Section 1. The following classifications are hereby added to
Chapter 3 of Ordinance No. 433:
3-1-B Residential 3 (R-3)
This area is intended for single-family, two-family, and
mul ti-family dwellings with a sui table IDt area .•.
A. Permitted Uses
1. One-family dwellings
2. Two-family dwellings
3. Multi-family dwellings not to exceed eight units per
each detached structure.
4. Churches and Sunday School buildings.
5. Parks, playgrounds, and community centers owned and
operated by a government agency.
6. Schools offering a general education course.
7. Hospitals, nursing homes, doctor and dental clincs, etc.
8. Libraries
9. Public unilities -- such as water storage, power sub-
stations, fire stations, sewer lift stations, etc.
10. Accessory structures and uses pertinent to the principal
structure and use.
B. Area Requirements
1. Minimum lot area:
a. Single-family •.......•••.....••••.•.•.•. 7,500 sq. ft.
-
b. Two-fami ly .••..............•...•.•..•.. 10,000 sq. ft.
c. Multi-family ••....•.•.................. 10,000 sq. ft.
for the first two-family unit plus .•...• 2,000 sq. ft.
for each additional family unit
2. Minimum lot width: (at front yard building line)
a. Single-family ........•...•......•....•..•••... 75 feet
b. Two-family_ 75 feet
c. Multi-family ••...........•.......•........... 100 feet
3. Front yard: minimum of 30 feet or 55 feet from center
of street.
4. Side yard (each): minimum 10 feet from each property
line.
5. Side yard street: minimum of 30 feet from all streets
or 55 feet from center of street.
C. Coverage
1. Structures containing non-residential uses shall not
cover more than one-half of the lot area.
D. HH~ight
1. Macimum Height: 2 stories and not to exceed 30 feet.
Page -2-
E. Off-Street Parking
1. Single-family and two-family dwellings; parking space
shall be provided on the lot to accommodate two motor
vehicles for each family unit.
2. Multi-family dwellings: two on-lot parking spaces shall
be provided for each family dwelling unit.
3. Places of public assembly shall provide on-lot parking
to accommodate one motor vehicle for each six persons
based on designated capacity of the structure.
4. Multi-family dwellings: All driveways to be a minimum
of 20 feet in width from front to rear of building.
5. All classifications other than single- and two-family
dwellingswill'be limited to 20' entrance and egress
with a curb between.
3-1-C Residential 4 (R-4)
All other multi-family units and condominiums designed for
residential use.
Section 2. Section 3-2-B of Ordinance No. 296, from this day

forward shall read:
1. Rear yard: minimum of 15 feet from property line or
center of alley where one exists.
2. A minimum setback of 8 feet for sidewalks from curb
line along any street frontage.
3. Canopies, awnings, etc., must be a minimum of 8 feet
above sidewalk or ground with a minimum set-back of
18 inches from curb line.
4. Buildings extending over sidewalks must have a 10 foot
minimum clearance above walkways with an i8-inch setback
from curb line.
5. Pedestrian Tunnels over public thoroughfares to be
engineered by Registered Engineers and have a 200 lb.
live load as minimum standards. All tunnels to be com-
pletely enclosed with structural supports to be 18 feet
above street levels. Entrances and Exits cannot obstruct
sidewalk area.
Section 3. Section 3-3-B-2 of Ordinance No. 296, from this day

forward, shall read:
2. Side yard: when the commercial use district abuts a
residential use district, a 10-foot side yard shall be
required. When two commercial use properties join each
other, zero side yard setback may be used.
3. Rear yard: minimum of 15 feet from property line or
center 0f alley where one exists.
Section 4. Section 3-3-B-4 of Ordinance No. 296, from this day

forward, shall read:
4. Lot coverage: no structure shall cover more than one-
half of the lot area.
Section 5. If any part of this ordinance shall be held void,

such part shall be deemed severable, and the invalidity thereof
shall not affect the remaining parts of the ordinance.
/
Page -3-
Section 6. The City of Mountain Home, Arkansas, has determined

that there is a need for expansion and redefining residential
classifications in order to assure orderly and proper growth of
the community; therefore, an emergency is declared to exist, and
in order to protect the health and safety of the citizens of
Mountain Home, Arkansas, this Ordinance shall have full force
and effect from and af~er its passage and approval.
PASSED AND APPROVED THIS THE 28th DAY OF NOVEMBER, 1977.
APPROVED:
ATTEST:
Amending zoning regulations

ORDINANCE NO. 495
AN ORDINANCE PROVIDING FOR THE REGULATIONS OF SURFACES

OF STREETS WITHIN SUBDIVISIONS OF PROPERTY WITHIN THE/
\ CITY OF MOUNTAIN HOME, ARKANSAS, AND WITHIN A· FIVE-M:PLE
RADIUS OF THE BOUNDS THEREOF, REPEALING ORDINANCES 4ND
REGULATIONS IN CONFLICT HEREWITH, AND FOR OTHER P~POSES.
BE I'I'.
ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUNiTAIN HOME,
ARKANSAS:
Se~tion 1. Streets, within subdivisions withi¢ the City

of Mount~in Home, Arkansas, shall meet the specif\c'ations of one
of the alt~rnative methods set out in the fOllow~pg subpara-
graphs. Trr~ subdivider, owner, developer, or oyher petitioner
\ . !
to the City ~~ Mountain Home shall have the op~ion of using
one of the fo\~owing IV;
methods of street const~~ction and
d
surfacing :\. i
A. portlari€!:
cement concrete pavement/lfive (5) inches
\ I
thick laid on two\(2) inches of cushion spbgrade
(,,"
compacted at
Ninety-five percen (95%) Standard proci;;br. Concrete to be
Thirty-five Hundred 3,500) psi, five and one-half (5t) sack
mix; or
B. Asphaltic con0fete (hot mi~( hot laid) pavement of a
minimum of one and (1t) i~fhes thick wearing surface
laid on crushed limestone ase co,pacted to five (5) inches
J/
thick at Ninety-five perce (9~;i~) Standard Proctor.

Section 2. Chip and Se 1 JConstruction
A. Chip and Seal const .tion will be restricted to local
and residential streets.
B. The Planning Comm:i,yssionii\will
determine at the time the
sketch plan is submitted Which st eets in the subdivisions are
:J'
local and residential st.teets and n be chip and seal streets.

C. ng Commissio~ declares a street to be
local or residential e following sp cifications will be followed
for constructing chi and seal streets.
1. Base c nsisting of crushed imestone compacted to
six (6) inches at inety-five percent (9 Standard Proctor;
2. coat of MC-30 at .20 • per square yard;
3. coat R-C-250 at .10 gals. square yard;
4. applied at 75
pounds per s yard;
5. Seal coat R-C-250 per square
yard; and
Final limestone chips number 8 size 30 pounds
Streets outside the City of Mountain , but

wi a five-mile radius of the boundaries thereof, 11 meet
specifications of the governing body charged with duty
maintaining said streets, The Planning Commission of
City of Mountain Home, Arkansas, shall require a letter from the
Chief strative Officer of said authority accepting said
street
4. In all cases, a developer, owner, or othe
petitione may delay applying the final surface to a stre
one (1) from the date of completion of the base on
following c tions:
1. That he file with the Planning Commissi certi-
fied bids for application of the surface from contrac-
tors; and
2. He provide a performance bond for elf or his
contractor to ins re completion of the street osit money
in escrow for the ompletion thereof or deposi money in a
joint savings accou t with the City - cost+ monies not used
would be returned to epositor.
3. compliance with the ove will be sub-
mitted simultaneously "th final plat.
Section 5. otherwise e for annexation
to the City of Mountain shall to the City unless
and until the streets mee se spec ications.
Section 6. Nothing he prevent construction of
streets within or without Mountain Home with higher
or more stringent specificati those set out herein.
The following definitions be applicable within the
meaning of this Ordinance:
A. Subdivision: The of a parcel of land into
two or more lots or parcels for th purpose of transfer of
ownership or building and d¢velopme However, a division of
land for agricultural purp"oses into or parcels of ten
(10) acres or more and nQt involving streets, is"not a
subdivision.
B. Local and Residential Streets: which
are designed to prov~de for a low level traffic.
Section 7. Prdfile of streets shown when the
Planning Comnri ss Lopi requires it, on the
Section 8. Nothing in this Ordinance construed
to affect any s¥it now pending in any Court, right acquired
or liability i~curred nor causes of action acc d or existing
by any citizen, under any act or ordinance rep ed hereby.
Nor shall the right of any citizen or remedy of of any
character,/be lost, impaired, or affected by the e.
Section 9. The invalidity of any section or of
this Ord5inance shall not invalidate any other secti
visionJiof this Ordinance.
Section 10. All Ordinances or regulations adopte by
Ordinance (and in particular those adopted by Ordinance
307 and Ordinance No. 408) inconsistent herewith are
repealed.
Section 11. The City Council of the City of Mountain Home,
Arkansas, having determined that the provisions herein are
necessary the preservation of the health and safety of
City and orderly growth thereof; and that the failure to
adopt this e would detrimentally affect the said th,
safety, and rly growth of the City,of Mountain Home,
Arkansas, and il determines that an emergency exist and
that this e shall have full force and effect and
after its and approval.
Ronald E. Pierce, r
Penelope R. Feist, City C
Passed:
Date
Street Ordinance
ORDINANCE NO. 496

SUSPENDING THE REQUIREMENT FOR COMPET-
ITIVE BIDDING

BAXTER COUNTY, ARKANSAS, AS FOLLOWS:
That because of an extremely advantageous business

circumstance wherein the City of Mountain Home can real-
ize a very substantial savings in terms of tax monies ex-
pended to complete a boring project under State Highway 5
at McClure Lane if action is taken quickly while men and
equipment qualified to do the work are located near the job
site; for the preservation of the health, safety and wel-
fare of the citizens of Mountain Home, Arkansas, the City
Council hereby declares that an emergency exists and that
the acquisition of these services should be immediately
made and the requirement for competitive bidding as is
normally required by law should be suspended for this
action.
Section 1. That an emergency situation calling for
immediate action exists and that the boring services should
be obtained immediately.
Section 2. That the requirement of competitive bid-
ding is hereby suspended for this purpose.
directed to contract with AL NAYLOR BACKHOE, INC., to com-
plete the understreet boring project for a total contract
sum not to exceed $6,750.00.
Section 4. An emergency is hereby declared and this
PASSED AND APPROVED THIS 9th DAY OF JANUARY, 1978.
APPROVED:
ATTEST:
ORDINANCE NO. 497

AND TO ANNEX PROPERTY TO THE CITY OF MOUNTAIN HOME,
WHEREAS, a petition was filed with the County Clerk

of Baxter County, Arkansas, by the real estate owners of
the land hereinafter described, praying that said lands
be annexed to and made a part of the City of Mountain
Home, Arkansas; and
WHEREAS, on the 17th day of November, 1977, the

County Court of Baxter County, Arkansas, found that said
petition was signed by all of the fee:simple owners of
the said property; that the said territory showing its
relationship to the present city has been filed and made
a part of said annexation petition; that proper notice has
been given for the time and in the manner prescribed by
law; that said lands and territory should be annexed to the
City of Mountain Home, Arkansas, subject to the acceptance
of the same by the City Council of Said City at the proper
time as provided by law; and

order of annexation made by the County Court has expired,
and no appeal has been taken from said order; and
WHEREAS, the same petitioners have petitioned in writ-

ing to the City of Mountain Home, Arkansas, praying that
said property be annexed to the Water and Sewer Improvement
District No. 3 of the City of Mountain Home, Arkansas,
for the purposes hereinafter set out; and

real property in said territory; and
WHEREAS, a proper petition was filed by property owners

requesting a zoning; that said petition was submitted to
the Planning Commission of the City of Mountain Home,
hereon was published in a newspaper having local circulation
as required by ordinance; that a public hearing was held;
after be annexed to the City of Mountain, Arkansas, as
Residential R-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF


territory contiguous to and adjoining the City of Mountain
Home, Arkansas, and to Water and Sewer Improvement District
Home, Arkansas, and Water and Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, and annexed
to the City of Mountain Home ,Arkansas , as Residential R-2,
to-wit:
wt NWt SEt of Section 3,
Township 19 North,
Range 13 West.
Section 2. Extensions to the existing sanitary sewer

and water systems as may now exist may be built to serve
the property within the bounds of the above described terr-
itory in such manner and with such materials as the Commis-
sioners of Water and Sewer Improvement District No. 3 of
the City of Mountain Home, Arkansas, may deem to be the
best interest of the said District. The costs thereof may
be assessed upon the real properties hereinabove described
as benefits thereto.
Section 3. There is an immediate need for construct-

ing extensions to existing sanitary sewer system and water
system, as the same now exist, to serve the property within
the boundaries hereinabove described. Therefore, an emer-
gency is hereby declared to exist, this ordinance being
necessary for preservation of the public health and safety,
the same shall be in full force and effect from and after
APPROVED:
ATTEST:
Annexation of Veigh Worthern property

ORDIR~CE NO. 498
AN ORDINANCE AMENDING ORDINANCE NO.

163, WITH RESPECT TO AREA RE-ZONED

That proper Petitions were filed by property owners

Mountain Home, Arkansas; that notice of said Petition and
Ordinance No. 283; that a public hearing was held; that
all remonstrances were heard, after which the Planning
after be rezoned.
That the following real estate in Baxter County, Ark-
ansas, be and is hereby, changed in zoning from Residential
R-2 to Commercial C-2:
Part of the swt NEt, Section 4, Township 19 North,
Starting at the SE corner of the swt NEt, run
thence North 0 deg. 36' East 1,177.8 feet to a
point; run thence North 88 deg. 41' West 30.4 feet
to the West boundary line of the Wallace Knob Road
for the point of beginning of the property herein
described; continue thence North 88 deg. 41' West
185 feet to a point; run thence North 0 deg. 36'
East 125.7 feet, more or less, to the South boundary
of Coley Street; run thence South 88 deg. 20' East
along the South boundary line of Coley Street 185
feet to the West right of way line of Wallace Knob
Road; run thence South 0 deg. 36' West to the point
of beginning.
Home, Arkansas, and an emergency is hereby declared to exist,
ENACTED THE 9th DAY OF JANUARY, 1978, AND DECLARED
.~~
APPROVED:
/~--:>
ATTEST:
Rezoning Mountain Springs Dev. Co. property from R-2 to C-2

ORDINANCE NO. 499
AN ORDINANCE ACCEPTING PUBLIC

DEDICATIONS, IMPROVEMENTS, STREETS
AND ALLEYS OF DRIFTWOOD SUBDIVISION,
BLOCK 2

Section 1. That the purlic dedications, improvements,

streets and alleys of Driftwood Subdivision, Block 2,
(Driftwood Drive, Maple Court and Walnut Court) are hereby
accepted and the Clerk and Ex-Officio Recorder of the
Circuit Court is hereby authorized to record the final plat
thereof.
Section 2. WHEREAS, this ordinance is necessary for
the preservation of the health and safety of the citizens
of the City of MDuntain Home, Arkansas, and an emergency is
hereby declared to exist and this Ordinance shall be in full
force and effect from and after its passage.
APPROVED THIS 9th DAY OF JANUARY, 1978.
APPROVED:
Mayor -
ATTEST:
Public Dedications, Improvements, Streets and Alleys of

Driftwood Subdivision, Block 2
ORDINANCE NO. 500
AN ORDINANCE ACCEPTING PUBLIC DEDICATIONS,

IMPROVEMENTS, STREETS AND ALLEYS OF
REVISED PORTION OF ADDITION NO. 3 AND ALL
OF ADDITION NO. 4 OF SOUTHERN MEADOWS
ESTATES

ARKANSAS:
Section 1. That the public dedications, improvements,

streets and alleys of the Revised Portion of Addition No. 3
of Southern Meadows Estates, Fuller Street (bordering lots
5 through 9); and Addition No.4 of Southern Meadows Estates,
Pine Tree Lane, Fuller and Ivy Lane in the above named sub-
divisions are hereby accepted and the Clerk and Ex-Officio
Recorder of the Circuit Court is hereby authorized to re-
O®rd the final plat thereof.
Section 2. WHEREAS, this Ordinance is necessary for
of the City of Mountain Home, Arkansas, and'an emergency
is hereby declared to exist and this Ordinance shall be in
full force and effect from and after ist passage.
APPROVED THIS 9th DAY OF JANUARY, 1978.
ATTEST:
Public Dedications, Improvements, Streets, Alleys of Revised

portion of Addition #3 and all of Addition #4 of Southern
Meadows Estates
ORDINANCE NO. 501
AN ORDIN~~CE AMENDING SECTION R-111

OF THE ONE- AND TWO-FAMILY BWELLING
CODE, 1978 EDITION OF THE SOUTHERN
STANDARD BUILDING CODE AS ADOPTED BY
ORDINANCE NO. 224 OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS.
Section 1. Sec. R-111 of the 1978 Edition of the Southern

Standard Building Code as adopted by Ordinance No. 224
is hereby amended and the following paragraphs added thereto
as follows:
(b) Plumbing, Mechanical, and Electrical
1. Rough inspection: commonly made prior to
covering or concealment and before fixtures
are set.
2. For mechanical inspections as required by
Chapter 10 of the 1978 Edition of the Southern
Standard Building Code, a permit fee in the
amount of $2.00 per unit and $3.00 inspection
fee shall be charged to the installer. Any
re-inspection fee required shall be charged
to the installer in the amount of $3.00 fer
each additional re-inspection.
Section 2. Proper collection of fees for mechanical inspec-
tions within the City of Mountain Home being necessary for
the immediate preservation of public peace, health, and
safety, this Ordinance shall be in full force and effect
ATTEST:
Amending Section R-111 of the 1 and 2 family dwelling

code, 1978 Edition of Southern Standard Building Code
ORDINANCE NO. 502
AN ORDI~~~CE AMENDING ORDINANCE NO. 425 CREATING A BOARD

"
FOR EXill~ININGAND LICENSING MASTER ELECTRICIANS, JOURNEY-
K~~ ELECTRICI~~S, MAINTENANCE ELECTRICIANS, APPRENTICES AND
HELPERS, AND TO PROVIDE FOR THE LICENSING OF PERSONS ENGAGED
IN THE BUSINESS OF ELECTRICIAL CONTRACTING, ELECTRICAL
REFRIGERATOR CONTRACTING, ELECTRICAL REFRIGERATOR REPAIR
CONTRACTING AND ELECTRICAL SIGN CONTRACTING; TO PROVIDE
FOR RULES AND REGULATIONS FOR LICENSING SUCH PERSONS OR FIRMS;
TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT VALI-
DITY OF REMAINDER; REPEALING ALL ORDI~~~CES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY.

HOME, ARKA}JSAS:
Section 1. Section 17 (d) is hereby amended to read as

follows:
All applications for permits shall be accompanied by

the inspection fees as hereinafter provided for. Permit
and Inspection fees for new entrance services in new build-
ings or new entrance services in remodeled buildings shall
be $8.00. There shall be an additional fee of 20¢ for each
opening installed plus $2.00 for each 220 volt circuit.
There shall be a minimum permit fee of $2.50 plus 20¢ for
each opening.
Section 2. Section 22 is hereby amended to read as follows:
The 1978 National Electric Code as set out by the

National Fire Prevention Association, as amended from time
to time, is hereby adopted by reference and incorporated
as if fully set out herein in conjunction with revisions
made by this ordinance as herein set out.
Section 3. Due to the immediate need to increase fees to

maintain inspection service and update electrical code
requirements, this Ordinance being necessary for the immed-
iate preservation of the public peace, health and safety
shall be in full force and effect from and after its pass-
age and approval.
APPROVED:
Ma§Jr
ATTEST:
Amending Ordinance No. 425 creating a board for examining

and licensing master electricians, etc.
ORDINANCE NO. 503

CREATING THE OFFICE OF PLUMBING INSPECTOR,
GOVERNING THE CONSTRUCTION, INSTALLATION
AND INSPECTION OF PLUMBING, AND OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME, ARKANSAS:
Section 1. Section 4 (b) is hereby amended to read as follows:
Application for permits shail be made on suitable forms

provided by the Plumbing Inspector. The application shall
be accompanied by fees in accordance with the following
schedule:
Fee
Plumbing Inspection •.•.•..•.••.•....••.•••••• $8.00
Each plumbing fixture and waste
discharging device $1.00
Each new or reconstructed sewer connection .•$20.00
Minimum fee $2.50
Section 2. This Ordinance being necessary for the immedi-

ate preservation of the public peace, health and safety
due to the necessity in increased revenues for maintaining
continued plumbing inspection shall be in full force and
APPROVED:
ATTEST:
Amending ordinance #426 creating the office of plumbing

inspector etc.
ORDINANCE NO. 504

EASEMENTS, STREETS, AND ALLEYS OF SPRING PARK SUBDIVI-
SION, AND PHASE I, PHASE II, AND PHASE III OF SPRING
PARK TERRACE, A SUBDIVISION, AS SHOWN BY THE RECORDED
PLATS THEREOF.

ARKANSAS:
Section 1. That the public dedication, improve-

ments, streets, easements and alleys of Spring Park
Subdivision and Phase I, Phase II and Phase III of
Spring Park Terrace, a subdivision, as shown by the
recorded plats thereof being situated in the City of
Mountain Home, Arkansas, are hereby accepted and the
Clerk and Ex-Officio Recorder for Baxter County,
Arkansas is hereby authorized to record the final plats
thereof.
Section 2. Whereas, this Ordinance being nec-
essary for the preservation of the healthmd safety
of the City of Mountain Home, Arkansas, to enable
proper growth and transportation within the community,
an emergency is hereby declared to exist and this
Ordinance shall be in full force and effect from and
PASSED AND APPROVED THIS 23rd DAY OF JANUARY, 1978.
,;/<--~-~
1VIayor
Dedication of Streets, etc., spring park Sub. & Phases

I, II and III of Spring Park Terrace
ORDINANCE NO. 505

PROHIBITING SALE AND USE OF FIREWORKS,
DYNAMITE AND OTHER EXPLOSIVES AND
AUTHORIZING PERMIT, DECLARING AN
WHEREAS, Ordinance no. 160 dated the 18th day of

September, 1961, prohibits the sale and use of fireworks,
dynamite and other explosives without first securing a permit
in order to protect the citizen's safety; and
WHEREAS, such ordinance requires a permit duly issued

by the City Council; and
WHEREAS, the issuance of a permit by the Council is

impracticable under the circumstances; and
WHEREAS, it is necessary for the health, safety and

welfare of the City that such a permit be issued prior to the
detonation of and use of explosives;
It is determined that permits should be immediately

available to qualified persons and therefore, an emergency
is declared to exist and this ordinance being necessary for
the preservation of the public health, safety and welfare
shall be in full force and effect from and after its passage
and approval.
THEREFORE, BE IT ORDAINED by the City Council of the

City of Mountain Home, Arkansas, the words "City Council"
as the same appear in the first paragraph of Ordinance No. 160
of September 18, 1961, be deleted and inserted therefore, the
word "Mayor".
PASSED AND APPROVED THIS THE 13th DAY OF FEBRUARY, 1978.
Amending #160, Use of Explosives Inside City Limits

ORDINANCE NO. 506
AN ORDINANCE AMENDING
ORDINANCE NO. 163
WITH RESPECT TO AREA REZONED

Home, Arkansas:
submitted to the Planning Commission of the City of Mountain
Home, Arkansas; that notice of said Petition and a public
circulation as required by Ordinance No. 163 and the posting
of notice on subject property in accordance with Ordinance
were heard, after which the Planning Commission recommended
that all property described herein be rezoned.
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUTAIN
HOME, ARKANSAS:
be, and it is hereby, changed in zoning from Commercial C-3
to Residential R-3:
A part of the W! of the NWt of Section 10, Township
19 North, Range 13 West, described as follows:
Begin at the NW corner of Section 10 and run South

1253 feet to a point of beginning. From the point
of beginning, run N. 87 deg. 37' E. 96.06 feet,
thence S. 77 deg. 17' E. 83.09 feet, thence S.
51 deg. 55' E. 60 feet, thence S. 6 deg. 35' W.
227 feet, thence S. 1 deg. E. 199.6 feet, thence N. 88
deg. 05' W. 208.04 feet to the East r/w line of
street, thence N. 0 deg. 43' E. along the r/w line 469.7
feet to the point of beginning;
WHEREAH~ this Ordinance is necessary for the preservation

Arkansas, and an emergency is hereby declared to exist, and
this Ordinance shall be in full force and effect from and after
ENACTED THE 27th. DAY OF FEBRUARY, 1978, AND DECLARED
Q~~';;L'z
Penelope R. Feist, c~ty Clerk
Rezoning Vaughn Property on Buzzard Roost Road

ORDINANCE NO. 507

IMPROVEMENTS, STREETS, AND ALLEYS OF
RODERICK INDIAN CREEK ESTATES

ARKANSAS:
streets and alleys of Roderick Indian Creek Estates, more
specificly Cherrly Lane are hereby accepted and the Clerk and
Ex-Officio Recorder of the Circuit Court is hereby authorized
to record the final plat thereof.
Section 2. Whereas, this Ordinance is necessary for the
preservation of the health and safety of the citizens of the
City of Mountain Home, Arkansas, and an emergency is hereby
declared to exist and this Ordinance shall be in full force and
APPROVED THIS 27th DAY OF MARCH, 1978.
/ // .
Accepting streets etc. in Roderick's Indian Creek Estates

ORDINANCE NO. 508
ORDINANCE AMENDING ORDINANCE NO. 296 AS AMENDED

BY ORDINANCE NO. 433, WITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN
HOME, ARKANSAS, RELATIVE TO CHANGING AREA ZONED
AS RESIDENTIAL R-2 TO COMMERCIAL C-3.

HOME, ARKANSAS:

to the Planning Commission of the City of Mountain Home, Arkan-
sas; that notice of said petition and a public hearing thereon
was published in a newspaper having local circulation as re-
quired by Ordinance No. 296 as amended by Ordinance No. 433;
that a public hearing was held; that all remonstrances were
heard, after which the Planning Commission recommended that
BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF MOUNTAIN HOME,

ARKANSAS:.
That the following described real estate in Baxter County,
That part of the NWi NWi of Section 4,

Township 19 North, Range 13 West, de-
scribed as follows:
Beginning at the center of the County Road

35 rods West of the SE corner of said forty;
run thence North 120 feet to the point of
beginning; run thence West 210 feet to a
point; run thence North 300 feet to a point;
run thence East 210 feet to a point; run
thence South 300 feet to the point of begin-
ning, containing 63,000 square feet.

Arkansas, an emergency is hereby declared to exist in this
ENACTED the 27th day of March, 1978, and declared effective
from and after itsppassage.
Rezoning of Schwab property, Hwy. 201 North, R-2 to C-3

ORDINANCE NO. 509
AN ORDINANCE RESTRICTING THE PUBLIC DISPLAY TO MINORS OF ANY

MATERIAL WHICH DEPICTS NUDITY, SEXUAL CONDUCT, OR SADO-
MASOCHISTIC ABUSE WHICH IS HARMFUL TO MINORS.
WHEREAS, Arkansas Act 133 of 1969 restricts the sale or a

loan for monetary consideration of the within described materials
to persons under the age of eighteen (18) years, and that,
WHEREAS, it is felt that further restrictions should be
placed on this type of material so that the display, sale, and
exhibition thereof is not available to minors within the
corporate limits of the city.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MOUNTAIN HOME, ARKANSAS.
SECTION 1. The following terms as used in this ordinance
(and as defined by Arkansas Act 133 of 1969, Ark. Stat. Ann.§
41-3581) shall have the following meaning:
(a) "Minor" means any person under the age of eighteen
(18) years.
(b) "Person" means any individual, partnership, firm,
association, corporation or other legal entity.
(c) "Nudity" means the showing of the human male or female
genitals, pubic area or buttocks with less than a full opaque
covering or the showing of the female breasts with less than a
fully opaque covering of any portion thereof below the top of
the aureole, or the depiction of covered male genitals in a
discernibly turgid state.
(d) "Sexual conduct" means acts of masturbation, homosex-
uality, sexual intercourse or physical contact of a persons
clothed or unclothed gentials, pubic area, buttocks, or, if
such person be a female, breasts.
(e) "Sado-masochistic abuse" means flagellation or tor-
ture by or upon a person clad in undergarments, a mask or bizarre
costume, or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
(f) "Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or
arousal.
(g) "Harmful to minors" means that quality of any descrip-
tion or representation, in whatever form of nudity, sexual con~
duct, sexual excitement, or sado-masochistic abuse, when it:
(1) predominantly appeals to the prurient, shameful
or morbid interest of minors, and
(2) is patently offensive to prevailing standards in
the adult community as a whole with respect to what is suitable
material for minors, and
(3) is utterly without redeeming social importance
and value for minors.
(h) "Knowingly" means having general knowledge of, or
reason to know, or a belief or ground for belief which warrants
further inspection or inquiry of both:
(1) the character and content of any material de-
scribed herein which is reasonably suspectible of examination,
and
(2) the age of the minor, provided however, there
shall be no violation of this ordinance if the person charged
has made a reasonable bona fide attempt to ascertain the true
age of such minor, and this finding is made by the judge or jury,
as the case may be.
SECTION 2~ (a) Display and Sale to Minors:
It shall be unlawful for any person knowingly:
(1) to display in public view at newstands or any other
business establishment frequented by minors or where said minors
are or may be invited as a part of the general public, any pic-
ture, photograph, book, pamphlet, publication, magazine, drawing,
sculpture, visual representation or image of aJperson or por-
tion of the human body which depicts nudity, sexual conduet or
sado-masocmistic abuse and that which is harmful to minors; or
Page -2-
Ordinance No. 509
(2) to sell any book, pamphlet, magazine, picture,

photograph, drawing, sculpture or usual representation, or printed
matter however reproduced, or sound recording which contains
any matter numerated in Section 1 or explicit or detailed verbal
descriptions or narrative accounts of sexual excitment, sexual
conduct, nudity or sado-masochistic abuse and which, taken as
a whole, is harmful to minors, to a minor.
(b) Public View: It is also unlawful for any person to
fail to take prompt action to remove from public view any of the
material described in Section 1 hereof after receiving notice
as provided hereinafter of the existence of this type material
in his possession.
(c) It shall be unlawful for any person knowingly to
exhibit for a monetary consideration to a minor or knowingly to
sell to a minor an admission ticket or pass or knowingly to admit
a minor to premises whereon there is exhibited, a motion picture
show or other presentation which, in whole or in part, depicts
nude sexual conduct or sado-masochistic abuse and which is harm-
ful to minors.
SECTION 3. It shall not be a defense to prosecution for
violation of this ordinance for the defendant to show that a
violation of this ordinance was made with the consent of a ~
parent or guardian or that the minor involved was married.
SECTION 4. This ordinance shall not be applicable to
works of art or matters of anthropological significance, cultur-
al programs, or presentations sponsored by a government agency or
civic group, or material presented in a program of education,
in a church, school, or college. l
SECTION 5. The City Attorney shall notify in writing any

person displaying material described in Section 1 and shall cause
criminal informations to be filed if such peFson displays such
material after five (5) days after receiving said notice.
SECTION 6. (a) Each day or twenty-four hour period that
material described in Section 1 is displayed in public view
after the receipt of notice and the expiration of the five-day
period as set forth in Section 5, shall constitute a separate
violation of this ordinance.
(b) Each display in public view, exhibition, or sale of
material described in Section 1 to a minor shall constitute a
separate offense. -
(c) Confiscation: Material described in Section 1 shall
be confiscated if such person fails to remove such material
from public view after receiving notice as provided in Section 5
and after the expiration of three additional days.
SECTION 7.'1 Any person violating any provision of this
ordinance shall be guilty of a misdemeanor and shall upon convic-
tion be fined a sum not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) or imprisonment for
a period of not more than ninety (90) days or both such fine and
imprisonment. I

flict herewith are hereby repealed to the extent of such conflict~
SECTION 9. The provisions of this ordinance are hereby
declared to be severable. If any provision should be held to be
invalid or inapplicable to any person or circumstance, such hold-
ing shall not affect the validity or applicability of the re-
mainder of the provisions hereof.
SECTION 10.1 WHEREAS, this ordinance is neces sary for the
preservation of the health and safety of the citizens of Mountain
Home, Arkansas, and an emergency is hereby declared to exist,
and this ordinance shall be in full force and effect from and
PASSED AND APPROVED THIS THE 27th DAY OF MARCH, 1978.
,,.~/~./ f ~
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'::T::2?:C>'Ji;..';"/':..P> 1
l •
L/ " \:--6-c.--A~f'-/L,~-<-_-"~---~
R~~ald E. pIerce, Mayor
Public Display of Sexual Material to Minors

ORDINANCE NO. 510

SUSPENDING THE REQUIREMENTS FOR COMPET-
ITIVE BIDDING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF MOUNTAIN HOME, ARKANSAS; as follows:
That because of the failure of an integral part

of one of the city police vehicles, and for the pre-
'servation of the health, safety, and welfare of the
people of Mountain Home, Arkansas, the City Council
hereby declares that an emergency exists and that a
Short Block is needed immediately and that the require-
ment of competitive bidding should be suspended.
Section 1. That an emergency exists and that a
Short Block is needed immediately.
Section 2. That the requirement of competitive
bidding is hereby suspended.
Section 3. That the Mayor is hereby authorized
and directed to purchase the same for an amount not
to exceed $1,013.40.
Section 4. An emergency is hereby declared and
this ordinance shall be in full force and effect from
PASSED AND APPROVED this the 10th day of April,
1978.
ATTEST:
Suspend biddi~g (Short Block for police car)

ORDINANCE NO. 511
ORDINANCE NO. 481 AMENDING ORDINANCE NO. 296

AS AMENDED BY ORDINANCE NO. 433, WITH REFER-
ENCE TO ZONING WITHIN THE CITY LIMITS OF THE
CITY OF MOUNTAIN HO~m~ AR~~SAS, RELATIVE TO
CHANGING k~EA ZONED AS RESIDENTIAL R-1 TO
COMMERCIAL C-2.

HOME, ARKANSAS:

published in a newspaper having local circulation as required
by Ordinance No. 296 as amended by Ordinance No. 433; that a
which the Planning Commission recommended that all property
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY
Commercial C-2.
A part of the NWt of swt of Section 10, Twp.

19 North, Range 13 West, bounded and described
as follows: Beginning at a concrete pose
on the South right of way line of Highway No. 5
which post is 205 feet, more or less, East
of the East Bank of Hicks Creek, for a point
of beginning: run thence East 55 feet to a
point, run thence South 180 feet to a point,
Nerth 180 feet to a point, run thence East
AND also:
A part of the NWt of the swt of Section 10,

Twp. 19 North, Range 13 West, bounded and
described as follows: Beginning on the
South right of way line of State Highway No.
5 at a point which 175 feet, more or less,
East of the East Bank of Hieks Creek, for the
point of beggRning of the tract herein con-
veyed, run thence South 180 feet to a point,
North 180 feet to a point, run thence East

of the health and safety of the citizens of Mountain Home, Ark-
ansas, an emergency is hereby declared to exist and this Ordinance
and publication.
ENACTED the 2~th day of April, 1978 and declared effective
Pierce, Mayor
-:2
ORDINANCE NO. 512
AN ORDINANCE CREATING A PUBLIC FACILITIES

BOARD PURSUANT TO THE PROVISIONS OF ACT NO.
142 OF THE ACTS OF ARKANSAS OF 1975, AS AMENDED;
PRESCRIBING OTHER MATTERS RELATING THERETO.

Arkansas (the "City") has found and determined that there is
an urgent need in the City and surrounding area for additional
nursing home facilities and residential housing facilities for
elderly and retired persons; and
WHEREAS, The Ev. Lutheran Good Samaritan Socie~y, a North
Dakota non-profit corporation (the "Society") has proposed the
constructing and equipping at the City of a combination nursing
and retirement home facility (the "Home") to provide ling term
nursing home care and residential housing facilities for re-
tired persons; and
WHEREAS, the City Council has determined that it is in
the public interest and will service public purpose to create
a public facilities board to participate with and assist the
Society in the constructing and equipping of the Home;
SECTION 1. In accordance with and pursuant to the authority
conferred by the provisions of the Act there is hereby created
and established a public facilities board (the "Board") with
authority as hereinafter provided.
SECTION 2. The name of the Board shall be "City of Mountain
Home, Arkansas Nursing and Retirement Home Facilities Board
(The Ev. Lutheran Good Samaritan Society Project)".
SECTION 3. The initial members of the Board shall be
appointed by the Mayor in accordance with the provisions of the
Act. Each member shall be a qualified elector residing in the
City. The Mayor shall file the instrument of appointment in the
Office of the City Clerk. Each member shall take and file with
the City Clerk the oath of office prescribed by the Act.
SECTION 4. The Board is empowered, from time to time, to
own, acquire, construct, reconstruct, extend, equip, improve,
sell, lease, contract concer~ing or otherwise dispose of land,
buildings, improvements, equipment and facilities used or to be
used in connection with the Home. The Home shall be located
within or near, or partly within and partly near, the City.
The Board shall not embark upon or participate in anY00ther
project.
SECTION 5. The Board is authorized to issue revenue bonds
from time to time and to use the proceeds, either alone or
together with other available funds and revenues, to carry out
Page -2-
Public Facilities Board
its authorized functions. Such revenue bonds shall be obligations

only of the Board and shall not constitute an indebtedness for
which the faith and credit of the City or any of its revenues
are pledged, and the principal of and interest on the bonds
shall be payable from and secured by a pledge of revenues de-
rived from the facilities financed, in whole or in part, from
bond proceeds and as authorized by, and in accordance with the
provisions of, the Act.
SECTION 6. The Board shall have all of the powers pro-
vided for in the Act, subject to the limitations set out in
this Ordinance, and shall carry out its duties in accordance
with the Act, including specifically, without limitation, the
filing of the annual report required by Section 18 of the Act.
The Board shall, in all its dealing, take all appropriate ac-
tion necessary to comply with the Constitution and laws of the
United States of America and of the State of Arkansas.
SECTION 7. Neither the Board nor the Society shall make
any claim of exemption of the properties comprising the Home
from any special assessments levied by improvement districts,
which claim of exemption is based on ownership or use of the
properties comprising the Home. The Board shall cause a provi-
sion to this effect to be inserted in any lease or sale of the
properties comprising the Home. This ordinance shall not become
effective until the Society has paid the total assessed benefits
levied by Water and Sewer Improvement District No.3, Annex 1,
of Mountain Home, Arkansas, against the real properties comprising
the Home.
SECTION 8. If any provision of the Ordinance shall for any
reason be held illegal or invalid, the invalidity of the pro-
vision shall not affect the validity of the remainder of the
Ordinance.
SECTION 9. All ordinances and resolutions or parts thereof
in conflict herewith are hereby repealed to the extent of such
conflict.
PASSED AND APPROVED THIS THE 24TH DAY OF APRIL, 1978.
Public Facilities Board, Good Samaritan Home

ORDINANCE NO. 513
AN ORDINANCE TO AMEND ORDINANCE NO. 142

OF THE CITY OF MOUNTAIN HOME, ARKANSAS;
AN ORDINANCE TO ADOPT A CRIMINAL CODE FOR
THE CITY OF MOUNTAIN HOME, ARKANSAS FOR
THE ENFORCEMENT OF SAME: DECLARING AN EM-
ERGENCY AND FOR OTHER PURPOSES.
WHEREAS, there has been substantial change in the statu-

tory laws of the State of Arkansas and the City ordinance mak-
ing them laws of the city;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
SECTION 1. Each and every act, matter or thing which the
laws of the State of Arkansas, make misdemeanor, is hereby
prohibited within the corporate limits of the City of Mountain
Home, Arkansas, and made unlawful as a violation of this
ordinance.
SECTION 2. The criminal laws of the State of Arkansas,
as now existing and as hereafter may be provided, insofar as
same may make any act, matter or thing a misdemeanor, are hereby
adopted and incorporated herein by reference thereto as if set
out herein verbatim into the criminal code of the ordinances
of the City of Mountain Home, Arkansas.
SECTION 3. Each and every person who shall, within the
corporate limits of the City of Mountain Home, Arkansas, vio-
late any of the provisions of the laws into this ordinance
incorporated and adopted, shall on conviction thereof be pun-
ished by fine or imprisonment, or both, as the cas~ may be,
together with the costs of the proceeding of not less than the
minimum nor more than the maximum penalty as prescribed by the
corresponding State Law in such cases made and provided; which
penalty shall be enforced in the manner now prescribed by the
law for the enforcement and collection of fines, forfeitures
and penalties imposed by the Municipal Court of Mountain Home,
Arkansas. All fines when imposed together with costs of court
are to be collected and paid into the City Treasury.
flict with this ordinance are hereby repealed.
declared to be severable. If any pr@vision should be held to
be invalid or inapplicable to any person or circumstance, such
holding shall not affect the validity or applicability of the
remainder of the provisions hereof.
Ordinance No. 513
Criminal Code
Fage -2-
SECTION 6. This ordinance being necessary for the preser-

vation of the public peace, health and safety, an emergency is
hereby declared to exist, and this ordinance shall be in full
PASSED AND APPROVED THIS THE 8th DAY OF MAY, 1978.
(~J}) ...~.,,-~~ ~ ///~.

\~
' ...
RONXLD E. PIERCE, MAYOR
I _L/ v
PENELOPE R. FEIST, CITY CLERK
Adopting Criminal Code of the State of Arkansas by reference

ORDINANCE NO. 514
AN ORDINANCE AMENDING ORDINANCE NO. 434 AND

RESOLUTION NO. 77 FIXING THE AMOUNT OF
LICENSE THAT ANY PERSON, FIRM, ASSOCIATION,
OR CORPORATION SHALL PAY FOR THE PRIVILEGE
OF ENGAGING IN, CARRYING ON, OR FOLLOWING
ANY SUCH TRADE, BUSINESS, PROFESSION, VOCA-
TION, OR CALLING WITHIN THE CORPORATE LIMITS
OF THE CITY OF MOUNTAIN HOME, BAXTER COUNTY,
ARKANSAS, AND PROVIDING THE MANNER AND MEANS
OF CfiLLECTING SAID LICENSE AND PRESCRIBING
PENALTIES FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, many persons areeI).gaged in the trade, businesses,

vocations, professions and callings within the City are diverse
and multifarious, all such for the sole purpose of producing
capital for the respective owners, entrepreneurs and operators
thereof, for their sole enjoyment and pleasure; and
WHEREAS, each owner, operator or entrepreneur holds himself

out to the general public and as a result of their various in-
dividual endeavors irrespective of any specific product, good or
service; and
WHEREAS, the City deems it necessary, equitable, and just

to have one classification for the privilege of engaging in the
transaction of business and to impose upon the kind and character
of each and for any or all acts incidental thereto, a privilege
business license tax and each said person, firm, association,
or corporation engaged in any trade, business, profession, voca-
tion, service or calling within the corporate limits of the City,
shall obtain a license therefore from the City Clerk and/or
Recorder of the City in order for the City to regulate the con-
duct of business and services for the residents of the City and
for their health, general welfare and safety.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF MOUNTAIN HOME, BAXTER COUNTY, ARKANSAS:
SECTION 1. Any person, firm, association, or corporation

engaged in any trade, business, profession, vocation, or calling,
which conducts business, ~r any act incidental thereto, or performs
any business within the corporate limits of the City of Mountain
Home, Baxter County, Arkansas, shall procure a business license
from the City Clerk and/or Recorder, or its aesignated agent, of
SECTION 2. Said license shall be required for a period of

one year commencing on the effective date hereof and ending on
December 31, 1978, and for every year thereafter.
SECTION 3. Such person, firm, association, or corporation

shall procure said license and pay the tax required within thirty
days of the date of January 1, or in the event of a person, firm,
association or corporation entering into a new trade, business,
profession, vocation or calling after the first of each year,
said new entity shall procure the license and pay the tax required
within thirty days from the date that business is commenced, and
the tax on such new business shall be computed prorata basis
of a 365 day year. All of the above fees may be paid in semi-
annual installments with one-half (t) of said fee to be paid on
or before January 31, and the balance on or before July 31, of
that year.
Page -Two-
Occupation Tax
SECTION 4. Each person, firm, association or corporation

engaged in any trade, business, profession, vocation or calling
within the corporate limits of the City of Mountain Home, Baxter
County, Arkansas, shall be required to procure a business li-
cense and pay the tax thereon of minimum fee plus an amount per
square foot of area used for business purposes, regardless of
whether 0r not said area is used for display, storage, sales
area, or for rent or lease, as stated in Section 5 of this or-
dinance.
SECTION 5. A. The minimum fee for each said business pri-

vilege license shall be Twenty Dollars ($20.00); and
B. The amount per square footage for said

business privilege license shall be $.0075 times thenumhe-r of
square feet of area used for business purposes.
SECTION 6. All customer parking, driveways, and vacant

unimproved land are not to be considered as business property for
purposes of computing the tax under Section 5. (B) of this ordinance.
SECTION 7. The leasing of any properties, consisting of

three (3) or more rental units, by any person, firm, association
or corporation as a landlord to any other person, firm, associa-
tion or corporation as a Lessee shall constitute the act of con-
ducting business under this ordinance, and said Lessor shall
be subject to the tax and license prescrIDbed in this ordinance.
SECTION 8. Each person, firm, association or corporation

within the corporate limits of the City of Mountain Home, Baxter
County, Arkansas, shall as of the first Tuesday in December of
each year, determine the number of square foot~ge used for
business purposes as defined under this ordinance and compute
and pay, at the appropriate time, the tax thereon. Said computa-
tions are subject to the review and approval or disapproval of
the City Inspector. Any person, firm, association or corporation
which does not in good faith comply with this section shall be
subject to the penalties prescribed in Section 15 of this ordinance.
SECTION 9. Any person, firm, association or corporation

operating the same out of his principIa dwelling house shall be
charged a tax consist~ng of the minimum fee only.
SECTION 10. Any person, firm, association or corporation,

which has no office located within the corporate limits of the
City of Mountain Home, Baxter County, Arkansas, engaged in any
trade, business, profession, vocation or calling who shall per-
form over three (3) transactions of business within one (1)
year within the corporate limits of the City of Mountain Home,
Baxter County, Arkansas, shall procure a business license and
pay the tax required, at the minimum fee, unless it shall possess
a valid business license in the City where its main office is
located.
SECTION 11. Any person, firm, association or corporation

engaged in more than one of the trades, businesses, professions,
vocations or callings within the corporate limits of the City of
Mountain Home, Baxter County, Arkansas, shall procure one business
license and pay one minimum fee plus the amount required for
square footage.
SECTION 12. Any endeavor which has gross revenues of less

than Three Thousand Dollars ($3,000.00) per calendar year shall
be conclusively deemed as a hobby for the purpose of this or-
dinance and no license shall be required therefore.
Page -Three-
Occupation Tax
SECTION 13. The following guidelines shall be used in the

computation of the tax imposed herein.
EXAMPLE A. One floor retail business with outside dimensions

as follows: 30 x 50 ft. = 1500 sq. ft. Parking area 10 x 200 ft. =
2000 sq. ft. Taxable area is only 1500 sq. ft., as parking area
is not taxable.
Tax Computation 1500 sq. ft.
x $.0075
$11. 25
+ Minimum Fee 20.00
Total Occupation Tax $31.25
Taxable Area is 20x30 ft. = 600

Taxable Area is 30x60 ft. = 1800
2400 sq. ft.
x $.0075
-$18.00
+ Minimum Fee 20.00
EXAMPLE C. Landlord rents property to tenant for business

with the following dimensions: Lot size 80 x 50 ft. = 4000 sq. ft.
Building on lot is 20 x 50 ft. = 1000 sq. ft.
Landlord's occupation tax is 1000 sq. ft.
x $.0075
$ 7.50
+ Minimum Fee 20.00
EXAMPLE D. A business with outside storage, outside dis-

play or outside sales area shall count the space outside used
for business purposes and compute the tax thereon in additio~
to regular buildings, provided however, if the person, firm or
corporation does not wish to physically measure outside business
property, the City shall use 60% of the square footage of total
outside area as taxable.
EXAMPLE E. A business sells mobile homes. Its lot size is

200 x 200 ft. = 40,000 sq. ft. It has one building, 20 x 30 ft. =
600 sq. ft. Eight mobile units which are 60 x 10 each = 4800 sq. ft.
Its tax is computed as follows:
Building, 20 x 30 = 600 sq. ft.
Eight mobile units, 60x10 ft. = 4800 sq. ft.
5400 sq. ft.
x $.0075
$40.50
+ Minimum Fee 20.00
EXAMPLE F. Mobile Home Park: Spaces available for rent

for mobile homes shall be figured on the following formula:
664 square feet average (this is determined by largest mobile home
made (14 x 72) = 1008 sq. ft., and smallest mobile home made
(8 x 40) = 320 sq. ft., total 1328 sq. ft., divided by 2 =
664 sq. ft.) Number of spaces available times 664 equals total
taxable area.
EXAMPLE G. Travel Trailers: Spaces for travel trailers

are based on 210 sq. ft. Available spaces times 210 equals
taxable area.
Page -Four-
Occupation Tax
SECTION 14. If any person, firm, association or corporation

shall sell, transfer, or assign all of his or its interest to
any other person, firm, association or corporation, said bus-
iness license may be transferred to the new owner by written
assignment, signed by the former owner of said license, and placed
on or attached to said license, and by notifying the City Clerk
in writing of said transfer in order that the City can adjust
its records accordingly.
SECTION 15. Any person, firm, association, or corporation

not complying with any section of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof in the Municipal
Court of said City shall be fined in the sum of twice the amount
of the tax, plus the cost of collection.
SECTION 16. If any section of this ordinance should be

held unconstitutional, that ruling shall in no way impair the
SECTION 17. All ordinances or parts of ordinance, or

amendments thereto, in convlict with this ordinance, are hereby
repealed, including, but not limited to, Ordinance Numbers 336,
341, 418, 434 and Resolution Number 77.
SECTION 18. WHEREAS, this ordinance is necessary for the

preservation of the health and safety of the citizens of
Mountain Home, Baxter County, Arkansas, an emergency is hereby
PASSED AND APPROVED this the 22nd day of May, 1978.

ORDINANCE NO. 515

AMENDING ORDINANCE NO. 296 AS AMENDED BY
ORDINANCE NO. 433, WITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY OF
AREA ZONED AS R-1 TO C-2.

HOME, ARKANSAS:

HOME, ARKANSAS:
be, and is hereby changed in zoning from R-1 to C-2:
Part of the NWt swt, Section 14, T-19-N, R-13-W,

Mountain Home, Baxter County, Arkansas described as
follows: Starting at the southwest corner of the
NEt SEt, Section 15, thence N 0° 15' w, 535.5 feet;
thence N 89° 03' E, 485.6 feet; thence S. 1° 42'
30" E, 94.6 feet; thence N 88° 30' E, 124.8 feet;
thence S 17° 38' 30" E, 135.4 feet; thence N 88°
53' 30" E, 589.6 feet; thence N 88° 53' 30" E, 259.4
feet; thence S 0° 40' 30" E, 108.9 feet; thence
S 89° 17' E, 123.8 feet; thence S 0° 40' 30" E, 104.2
feet; thence S 89° 17' E, 302.5 feet to the point of
beginning; thence S 89° 17' E, 683.3 feet; thence
N 25° 12' w, 702.6 feet; thence S 89° 17' 30" w,
381.7 feet; thence S 0° 13' 30" w, 622.5 feet to
the point of beginning; containing 7.68 acres, more
or less.

ENACTED the 22nd day of May and declared effective from
Penelope R/ Fe Is-t ,vCi ty Clerk
Rezoning of Partipillo property, Hwy. 5, R-1 to C-2

ORDINANCE NO. 516

DRIFTWOOD SUBDIVISION, BLOCK 3.

ARKANSAS:

streets and alleys of Driftwood Subdivision, Block 3
(Driftwood Drive and Pine Court) are hereby accepted and the·
Clerk and Ex-Officio Recorder of the Circuit Court is hereby
Section2. Whereas, this Ordinance is necessary for the
City of Mountain Home, Arkansas, and an emergency is hereby de-
clared to exist and this Ordinance shall be in full force and
APPROVED THIS 22nd DAY OF MAY, 1978.
dedication of streets, etc. in Driftwood Subdivision, Block 3

ORDINANCE NO. 517
AN ORDINANCE ANNEXING CERTAIN PROPERTY TO MOUNTAIN HOME,

ARKANSAS; WATER AND SEWER IMPROVEMENT DISTRICT NO. 3 OF
SAID CITY, ASSIGNING THE SAME TO A WARD, AND FOR OTHER
PURPOSES.

HOME, ARKANSAS:
1. That the following-described lands in Baxter County,

Arkansas be and they are hereby annexed to the City of
Mountain Home, Arkansas; and Water & Sewer Improvement District
#3 of said City:
All that part of the swt SEt of Section

3 and all that part of the NWt NEt of
Section 10, Township 19 North, Range 13
West, not included within the bounds of
Indian Creek Subdivision, No.3, Phase 1.
2. That the same be, and is hereby designated to be a

part of Ward 1 (one) of the City of Mountain Home, Arkansas.
3. That the provisions of the this Ordinance are severable,
and in the event that any section or part thereof shall be
held to be invalid, such invalidity shall not effect the
remainder of this Ordinance.
4. This Ordinance being necessary for the preservation
of the public health, safety and morals, an emergency is
declared to exist, and the same shall be in full force and effect
This Ordinance approved this 5t~ day of June, 1978.
~~Z),~-!-
R~nald E. Pierce, Mayor .
Annexation of Indian Creek 3, Phase 2 and certain additional

property east of Indian Creek 3, Phase 1.
ORDINANCE NO. 518
AN ORDINANCE ACCEPTING PROPERTY OF THE

GAME AND FISH COMMISSION OF THE STATE
OF ARKANSAS FOR PUBLIC USE.

SECTION 1. The City Council for and on behalf of the

citizenry of Mountain Home, Arkansas, accepts for public
use the following described real property lying in Baxter
County, and within the City of Mountain Home, Arkansas,
to-wit:
A part of the South West t of the North

West t of Section 4 in Township 19 North,
Range 13 West, bounded and described as
follows: Commence at the SE corner of the
swt NWt and run due North on the line 72
yards more or less and to the center of the
channel of the Creek, thence up the Creek in
the following the Center of the Channel
with its Course, as the Northern boundary of
the tract herein conveyed, to the center of
the public read to within 20 ft. of the
South line of swt NWt, thence run due Ease
parallel with said South line and 20 ft.
distant, to the beginning point, containing
4t acres, more or less.
SECTION 2. WHEREAS, this Ordinance is necessary for

of Mountain Home, Arkansas, an Bmergency is hereby de-
clared to exist, and this Ordinance shall be in full
force and effect from and after its passage and approval.
PASSED AND APPROVED THIS THE 19th DAY OF JUNE, 1978.
Mayor
~~/~.~.
~ ~.-~
..;;u",.·tfL-:JQ.e~)~~r
• <. /'"
/ '{
Accepting property of the Game and Fish Commission

ORDINANCE NO. 519
AN ORDINANCE RESTRICTING THE PUBLIC DISPLAY TO MINORS OF MOTION

PICTURES BEARING THE "R" AND "X"RATING BY THE MOTION l"ICTURE
ASSOCIATION OF AMERICA; PRESCRIBING PENALTIES THEREFORE, AND
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the Motion Picture Association of1America has

prescribed ratings that denote content of motion pictures; and
WHEREAS, the ratings are intended to advise the public and
parents of the suitability of viewing motion pictures by chil-
dren or minors; and
WHEREAS, in order to protect minors from motion pictures
which exhibit violence, nudity, harmful language, and sexuality
and to promote the public health, welfare and good of the community,
the City Council deems it necessary to adopt the rating system
and rate affixed to motion pictures by the Motion Picture
Association of America and to impose penalties and fines for
violation thereof.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
SECTION11. Motion pictures exhibited within the corporate
limits of the City of Mountain Home bearing an "R" rating by the
Motion Picture Association of America shall not be displayed to
any person under the age of seventeen (17) years unless accom-
panied by his or her parent (s) or guardian(s) to such exhibition,
view or display of such motion picture.
SECTIOW'2. Motion pictures exhi bi ted wi thin the corporate
limits of the City of Mountain Home bearing an Qxn rating by the
Motion Picture Association of America shall not be displayed to
any person under the age of sevent~en (17) years.
SECTION 3. It shall be unlawful for any person to knowingly
exhibit for a monetary consideration to a person under the age
of seventeen (17) years or to knowingly sell or to admit a person
under the age of seventeen (17) years to the premises whereon
there is exhibited a motion picture show or other presentation
which bears the "X" rating as given by the Motion Picture
Association of America and further to admit or to knowingly permit
a person under the age of seventeen (17) years to be in attendance
whereon there is exhibited a motion picture show pr presentation
which bears the "R" rating as given by the Motion Picture
Association of America unless a parent or guardian accompanies
him or her.
SECTION 4. This ordinance shall not be applicable to works
of art or matters of anthropological significance, cultural
programs, or presentations sponsored by a government agency or
70/
page -2-
civic group or material presented in a program of education,

in a church, school, or college.
SECTION 5. Any person violating any provision of this
ordinance shall be guilty of a misdemeanor and shall upon
conviction be fined a sum not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00)
or imprisonment for a period of not more than ninety (90)
days or both such fine and imprisonment.
SECTION 6. All ordinances and parts of ordinances in
conflict hereiwth are hereby repealed to the extent of such
conflict.
declared to be severable. If any provision should be held
to be invalid or inapplicable to any person or circumstance,
such holding shall not affect the validity or applicability
of the remainder of the provisions hereof.
SECTION 8. WHEREAS, this ordinance is necessary for
of Mountain Home, Arkansas, and an emergency is hereby
declared to exist, and this ordinance shall be in full force
and effect from and after its passage and approval.
PASSED AND APPROVED THIS THE 19th DAY OF JUNE, 1978.
~p'~
R~nald E~ Pierce, Mayor
Public display of "R" and "X" rated movies to minors.

ORDINANCE NO. 520
AN ORDINANCE REGULATING AND CONTROLLING POLICE

ALARM SYSTEMS; PROVIDING PENALTY FOR VIOLATIONS
THEREOF; AND FOR OTHER PURPOSES.

HOME, ARKANSAS:
SECTION 1. Police Alarm System. Purpose.

The purpose of this ordinance is to encourage the use of
police alarm systems and to establish standards for, and con-
trols of the various signals from alarm systems that require
police response.
SECTION 2. Definitions.
For the purpose of this ordinance, certain words and
phrases shall be construed as set forth in this section, un-
less it is apparent from the context that a different meaning
is intended.
1. Alarm Agent - means any person who is employed by an
alarm business, either directly or indirectly, whose
duties include any of the following: selling, main-
taining, leasing, servicing, repairing, monitoring,
altering, replacing, moving or installing on or in
any building, structure or facility, any alarm sys-
tem.
2. Alarm Business - means the business by any individual,

a partnership, corporation or other entity of: sell-
ing, leasing, maintaining, monitoring, servicing,
repairing, altering, replacing, moving or installing
any alarm system or causing to be sold, leased, main-
tained, serviced, repaired, altered, replaced, moved,
or installed any alarm system in or on any building,
structure or facility.
3. Alarm System - means any mechanical, electrical or

electronic device which is designed or used for the
detection of an unauthorized entry into a building,
structure or facility or for alerting others of the
commission of an unlawful act within a building,
structure or facility, or both, and which emits a
sound or transmits a signal or message when actuated.
Alarm systems include, but are not limited to, direct
dial telephone devices, audible alarms and proprietor
alarms. Devices which a!e not designed or used to
register alarms that are audible, visible or percep-
tible outside of the protected building, structure or
facility are not included within this definition, nor
are auxiliary deviees installed by the telephone
company to protect telephone company systems which
might be damaged or disrupted by the use of an alarm
system.
Page -2-
Police Alarm Systems
4. Central Alarm Station - means any facility operated by

a private firm that owns or leases alarm systems and
which facility is manned by operators who receive,
record or validate burglary or hold-up alarm signals
and relay information about such validated signals
to the police when appropriate.
5. False Alarm - means any signal which is the result of

human carelessness or error to which the police re-
spond, which is not the result of a hold-up, robbery,
other crime, emergency, malfunction or Act of God.
6. Hold-Up Alarm - means any alarm system designed to be

actuated by a criminal act or other emergency at a
specific location or by a victim of a hold-up, robbery
or other emergency or criminal act at a specific
location.
7. Intrusion - means any entry into any area or building

equipped with one or more alarm systems by any person
or object whose entry actuates an alarm system.
8. Licensing Authority - means the Chief of Police of the

9. Malfunction - means that the alarm system which ac-

tivated was not due to a fault or negligence on the
part of the owner of the alarm system or systems.
10. Act of God - means an act occasioned exclusively by

violence of nature without the interference of any
human agency.
11. Police Chief- means the Police Chief of the Mountain

Home Police Department, Mountain Home, Arkansas, or
his representative.
SECTION 3. The provision of this section does not include

a person who engaged in the manufacture or sale of an alarm
system from a fixed. location and who neither visits the location
where the alarm system is to be installed, nor designs the scheme
for physical location and installation of the alarm system in
a specific location.
SECTION 4. Standards, Requirements and Duties.
A. Audible Alarm. Requirements. Every person maintaining
an Audible Alarm shall furnish to the Police Chief, the name
and telephone number of the primary person responsible for the
alarm system and an alternate name and telephone number of a
person who can .inactivate.the alarm system or systems. The
lessee or owner of any audible alarm system will be responsible
for deactivating the alarm system within a reasonable time
following notification by the Police Department.
B. Alarm System. Permit. No' person shall possess or use

an alarm system without first applying for and receiving an
alarm permit in accordance with the provisions of this ordinance.
C. Display of Alarm System. Permit. A valid alarm system

permit shall be kept on the premises where the alarm system is
located.
Page -3-
D. Alarm Agents: Permits in Possession. Every alarm

agent shall carryon his person at all times while so engaged,
a valid alarm agent permit and shall display such permit to
any police officer upon request.
E. Alarm System Description. Alarm agent and/or alarm

business must provide the owner or lesses a written description
of the function, design, and operation of the alarm system
installed on the premises.
SECTION 5. Alarm Business and Alarm Agent Permits.
A. Application for Permits. All alarm businesses and

alarm agents who desire to conduct business in the City of
Mountain Home, shall apply to the Licensing Authority for a
business permit, on a form to be supplied by the Licensing
Authority. Such business permit shall be issued for a one-
year period, on a calendar year basis or part thereof, and no
license shall extend beyond December 31 of each year. Not-
withstanding this provision, a person having a business license
may conduct business through January 31 of the year following
the expiration of his business permit.
B. Application Form. Applications for permits shall be

filed with the Licensing Authority and shall be accompanied
by the permit fee. The Licensing Authority shall prescribe
the form of the application and. request such information as is
necessary to evaluate and act upon the permit application.
Form shall require alarm business applicants to list major
owners and/or investors of their organization.
C. Permit Fees. Permit fees shall be as follows;
Alarm Agent Permit ••.••••.••• $25.00 per year (due at the begin-
ning of each calendar year)
Alarm Business Permit ••....•• $125.00 per year(due at the begin-

ning of each calendar8year)
D. Investigation. Every applicant for an alarm business

or alarm agent permit shall be fingerprinted. The Police
Department shall conduct an appropriate investigation IDf the
applicants to determine whether said permit should be issued.
No permit shall be granted if:
a) The applicant, his employee or agent has knowingly

made any false, misleading or fraudulent statement
of a material fact in the applicant for a permit,
or in any report or record required to be filed with
any City agency; or
b) The applicant had a similar type permit previously re-

voked for good cause within the past year unless the
applicant can show a material change in circumstances
sinee the date of revocation.
c) The applicant has 'within the past tel! years been

convicted of any felony or any misdemeanor involving
intent to defraud.
E. Suspension or Revocation. A permit issued under this

ordinance may be suspended or revoked by the Licensing Authroity
for the violation of any of the provisions of this ordinance or
any regulation or regulations promulgated by the Licensing
Authority pursuant to this ordinance. Any permit or identifica-
tion card issued hereunder shall be surrendered immediately to
the Licensing Authority upon such suspension or revocation. No
part of the permit fee shall be refunded when a permit is sus-
pended or revoked.
Page -4-
F. Appeal. Any applicant whose application for a permit

has been denied, suspended, or revoked may appeal such suspen-
sion in writing to the City Council within thirty (30) days
after the date of the notice of suspension or revocation AND
may appear before the City Council at a time and place to be
determined by the City Council, in support of his or its conten-
tion that the permit should not have been suspended or revoked.
The decision of the City Council is final.
SECTION 6. Property Owner or Property Lessee Permits.
A. Application for Permits. Any property owner or lessee

of property in the City of Mountain Home having on his or its
premises an alarm system shall apply to the Licensing Authority
ona form to be supplied by the Licensing Authority, for a per-
mit to have such a device on his or its premises. Application
for permits for alarm systems existing in premises on the effec-
tive date of this ordinance must be made to the Licensing
Authority within 90 days of the effective date of this ordinance.
No such alarm system may be installed on the premises of the
owner or lessee after the affective date of this ordinance prior
to the Licensing Authority having issued a permit to such owner
or lessee. No presently existing alarm system shall be modified
after the effective date of this ordinance prior to the Licens-
ing Authority having issued a permit to such owner or lessee.
B. False Alarm and!orMalfunction. Any owner or lessee

having an alarm system on his or its premises shall after 2 mal-
functions or false alarms of such system occuring within a 30 day
period pay a service fee of $25.00 for any such further response.
Except however this provision of trris sub-section shall exclude

any alarm malfunction caused by an Act of God.
SECTION 7. Special Provisions. Exceptions, Confidentiality

and Alarm System.
A. None of the provisions of this ordinance shall apply

to the following: 1) an alarm system installed in a motor
vehicle, 2) employees of a public utility company engaged in
the business or providing communication, services or facilities,
3) licensed agents involved in periodic maintenance and testing
or permitted alarm systems with prior clearance from monitoring
agency.
B. The information furnished and secured pursuant to

this ordinance shall be confidential and not subject to public
inspection.
C. All existing alarm:systems within the City Limits of

the City of Mountain Home will be given 90 days from the effec-
tive date of this ordinance to transfer the monitoring system
from the Baxter County Sheriff's Office to the Mountain Home
Police Department. The Police Department will only answer
alarms which terminate at the Mountain Home Police Department.
SECTION 8. Severability. If any part or parts of this

ordinance are for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
ordinance.
SECTION 9. Connection with City Control Unit. Any alarm

system installed subsequent to the effective date hereof, shall
be constructed and installed so that it is compatible with the
monitoring unit at the Licensing Authority's office who shall
determine the location, type and kind and character of the mon-
itoring unit in its office.
Page -5-
SECTION 10. Violation; Penalty.
A. It shall be unlawful for any alarm agent or alarm

business to sell,. lease or install equipment upon the premises
until the owner or lessee has obtained a permit for same.
B. It shall be unlawful for any person to intentionally

activate any alarm system for any reason other than to warn of
an actual burglary, hold-up, robbery, or as provided for in
Subsection A of Section 7.
C. Any person violating provlslons of the ordinance shall

be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not more than five hundred
($500.00) dollars.
SECTION 11. Emergency Clause.
This ordinance being necessary for the health, safety and

welfare of the citizens of the City of Mountain Home an emergency
is hereby declared to exist and this ordinance shall be in full
force and effect from and after its approval.
PASSED AND.APPROVEDTHIS THE 19TH DAY. OF JUNE, 1978 •
.~dF?~,
R~bald E. Pierce, Mayor

ORDINANCE NO. 521
AMENDING ORDINANCE NO. 481 AMENDING ORDINANCE

NO. 296 AS AMENDED BY ORDINANCE NO. 433, WITH
REFERENCE TO PERMITTING A ZONING VARIANCE
WITHIN THE CITY LIMITS OF THE GiliIDY
OF MOUNTAIN
HOME, ARKANSAS, PERMITTING THE OPERATION OF
KINDERGARTEN IN AREA ZONED AS RESIDENTIAL R-1

HOME, ARKANSAS:
That a proper Petition was filed by a property owner re-
questing a change in zoning from Residential R-1 to Residential
R-2; that a Petition objecting to said rezoning was filed by
property owners in the same area; that said Petition to
rezone was submitted to the Planning Commission of the City of
Mountain Home, Arkansas; that notice of said Petition to
rezone and a public hearing thereon was published in(a
newspaper having local circulation as required by Ordinance No.
296 as amended by Ordinance No. 433; that a public
hearing was held on June 26, 1978, at 7:30 p.m. at the City
Hall at which all remonstrances and petitioners were heard,
after which the Planning Commission voted three to one to
recommend to the Council that the petition to rezone said
property from R-1 to R-2 be rejected. Except, however, the
Planning Commission would recommend the usage of the property
described hereinafter as a kindergarten school if the
property remained or reverted to Residential R-1 usage if
the said property ever ceased being used as a kindergarten
school. That the property owners who filed a petition
objecting to rezoning agreed to the usage of the property as
a kindergarten school and good cause has been shown to
justify a usage variance.
HOME, ARKANSAS:
to-wit:
Lot No. 16 in VILLAGE SUBDIVISION, an addition
to the City of Mountain Home, Arkansas, as shown
is hereby granted and allowed a zoning and usage variance from
Residential R-1 to be used as a kindergarten school, and that
upon the cessation of its usage as a kindergarten school that
this variance shall terminate and the property shall thereafter
be used only as Residential R-1 property. Petitioners shall
be required to file and record a copy of this Ordinance with the
County Clerk of Baxter County, Arkansas, immediately upon passage
and approval of this Ordinance.
Page -2-
Variance of Porter Property
WHEREAS, just and good cause having been presented for a

zoning variance, this Ordinance is necessary for the
preservation of the health and safety of the citizens of
Mountain Home, Arkansas, an emergency is hereby declared to
exist and this Ordinance shall be in full force and effect
APPROVED:
ATTEST:
Zoning and Usage Variance on Porter Property, R-1 to R-2

ORDINANCE NO. 522

THE REQUIREMENTS FOR COMPETITIVE BIDDING.

AS FOLLOWS:
WHEREAS, the City of Mountain Home, Arkansas, has employed

a city engineer who will be performing his municipal duties
on or before the 31st day of July, 1978;
WHEREAS, in the performance of his duties it is necessary
to have transportation to---andfrom job sites wi thin the city;
WHEREAS, the requirements for publication of legal notice
of competitive bids for a motor vehicle by the use of the
engineer is not feasible or practical due to the limited length
of time prior to his undertaking his duties;
WHEREAS, in order to preserve the health, safety and welfare
of the people an emergency is hereby declared to exist and the
rules requiring competitive bidding be suspended.
SECTION:i1. That an emergency exists and the publication
of legal notice for the requirement of competitive bids is not
feasible or practical.
SECTION 2. That the requirement for competitive bidding is
hereby suspended and waived.
SECTION 3. The Mayor is hereby authorized and directed to
purchase and acquire in the name of and on behalf of the City of
Mountain Home, a motor vehicle, a half-ton GMC to be purchased
from McDermott Motors for $5,255.00.
SECTION 4. Am emerge~cy is hereby declared and this
ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED THIS 27th DAY OF JULY, 1978.
R:Oa:idE. Pierce, Mayor
Waive Competitive Bidding - Engineer1s vehicle

ORDINANCE NO. 523

BY ORDINANCE NO. 433, WITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY OF MOUNTAIN HOME,
ARKANSAS, RELATIVE TO CHANGING AREA ZONED R-1 TO C-2

HOME, ARKANSAS:

that notice @f said petition and a public hearing thereon was
published in a newspaper having local circ~lation as required by
Ordinance No. 296 as amended by Ordinance No. 433; that a public
hearing was held; that all remonstrances were heard, after which
HOME, ARKANSAS:
That part of the SEt NEt of Section 4, Township 19

North, Range 13 West, described as follows: Begin at
the SW corner thereof and run thence N. 1 deg. 30' E. a
distance of 6 feet to a point; run thence S. 89 deg. 30'
E. a distance of 361 feet to a point 6 feet South of a fence
corner post; run thence N. 19 deg. 00' W. along the fence
and the West line of the Nakis property, a distance of 338
feet and to the South r/w line of Highway #62; run thence
Southwesterly along the South r/w line of said Highway 62
a distance of 150 feet to a point of beginning
for the tract herein conveyed; run thence, continuing
along said South r/w line 100 feet to a point; thence left
110 deg., leaving an interior angle of 70 deg., run 137
feet to a point; run thence left 86 deg. 45', leaving an
interior angle of 93 deg. 15', 77.5 feet to a point; run
thence left 84 deg. 15', leaving an interior angle of 95
deg. 45', and along the boundary of the Verlin Huett residence
lot, 108.2 feet to the point of beginning.
the SELf of the NELf of Section 4,
45' ,
34.2 t
straight
Page -2-

Arkansas, an emergency is hereby declared to exist, and this
ENACTED the 7th day of August, 1978, and declared effective
;X{
r'~W··C: fI ~ -r::
_~_~
Rvnald E. Pierce, Mayor
Rezoning of Marchant and Scoles property, R-1 to C-2

ORDINANCE NO. 524
AN ORDINANCE ANNEXING PROPERTY CONTIGUOUS THERWITH

AND TO WATER & SEWER IMPROVEMENT DISTRICT NO. 3
ANNEX #1 OF THE CITY OF MOUNTAIN HOME, ARKANSAS;
ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY
OF MOUNTAIN HOME, ARKANSAS, AND TO ANNEX PROPERTY TO
THE CITY OF MOUNTAIN HOME, ARKANSAS, AS RESIDENTIAL
R-2; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, -a peti t t on andt amendmen t thereto was filed with

the County Clerk of Baxter County, Arkansas, by real estate
owners of the land hereinafter described, praying said
lands be annexed to and made part of the City of Mountain Home,
Arkansas; and
WHEREAS, on the 13th day of July 1978, the County Court of
Baxter County, Arkansas, found the same was signed by all of the
fee simple owners of said property; the territory is contiguous
to the present corporate limits of the City of Mountain Home,
Arkansas; accurate plats or maps of said territory showing its
relationship to the present city was filed and made a part of the
petition; proper notice has been given for the time and in the
manner prescribed by law; these lands and territory could be
annexed to the City of Mountain Home, Arkansas; and
Order of Annexation made by the County Court has expired, and
no appeal has been taken from said Order; and
WHEREAS, the same petitioners have petitioned in writing
to the City of Mountain Home, Arkansas, praying said property
be annexed to the Water & Sewer Improvement District No. 3
Annex #1 of the City of Mountain Home, Arkansas, and for the
purposes hereinafter set out; and
Council of the City of Mountain Home, Arkansas, has heard and
has ascertained that said petition was signed by all the owners
of the real property in said territory; and
WHEREAS, a peop ertp et.Ltion was filed by property owners
requesting a zoning; this petition was submitted to the Planning
Commission of the City of Mountain Home, Arkansas; notice of this
petition and a public hearing thereon was published in a news-
paper having local circulation as required by ordinance; a public
hearing was held; all remonstrances were heard, after which the
hereinafter be annexed to the City of Mountain Home, Arkansas,
as Residential R-2.
Page -2-

Section 1. The following described real estate in territory
contiguous to and adjoining the City of Mountain Home, Arkansas,
and to Water & Sewer Improvement District No. 3 Annex #1 of the
City of Mountain Home, Arkansas, be and the same is hereby accepted
and annexed to the City of Mountain Home, Arkansas and Water &
Sewer Impr~vement District No.3 Annex 1 of the City of Mountain
Home, Arkansas and annexed to the Cityoof Mountain Home, Arkansas,
as Residential R-2, to-wit:
The NWt of the SEt except the following tract:

Beginning at the NE corner of said forty, run
West 330 feet, thence South 660 feet, thence East
330 feet, thence North 660 feet to point of
beginning.
The swt of the SEt except the following tract:

Beginning at the SE corner of said forty, which
is also the SW corner of Carlile Highlands, run
North along the East line of said forty 262.9 feet
to a point which is the SW corner of Lot 105 Carlile
Highlands to point of beginning, run thence North along
the East line of said forty and West line of
Lots 105, 108, and 109 - 315 feet, run thence
East 140 feet to a point of beginning. Also subject
to an Easement granted to Baxter Builders as shown
in Deed Record 78 at Page 661.
All in Section 15, Township 19 North, Range 13 West.
Section 2. Extensions to the existing sanitary sewer and

within the bounds above described in such manner and with such
materials as the Commissioners of Water & Sewer Improvement
District No.3 Annex 1 of the City of Mountain Home, Arkansas,
may deem to be in the best interest of the District. The Costs
Section 3. There is an immediate need for a public park
facility to serve the public within the City of Mountain Home,
and therefore an emergency is hereby declared to exist; this
ordinance being necessary for the preservation of the public
health and safety, it shall be in full force and effect from and
after its passage and publication.
PASSED AND APPROVED THIS 21st DAY OF AUGUST, 1978.
.-:1 -~ JI/O ~.
(~/1/'C,~~
~ ~. Pierce, Mayor
Annexation of Park Property

ORDINANCE NO. 525
AN ORDINANCE AUTHORIZING A USAGE VARIANCE FOR THE

PPRPOSEOFALLOWING>THE.OPERATIo.N OF A PRE..,.SCHOOL
IN AN AREA ZONED RESIDENTIAL R-1.

HOME, ARKANSAS:
That a Petition to permit a usage variance in an area zoned

Residential R-1 within the City Limits of the City of Mountain
Home, Arkansas, has been filed requesting a usage variance for
the operation of a kindergarten pre-school school, and that a
map of the property for wmich the usage variance Petition has
been filed along with the surrounding property with it's respec-
tive zoning has been filed herein, and after a full public hearing
on said Petition had been held wherein all remonstrances were
heard it would appear that said Petition should be granted.
HOME, ARKANSAS:
Arkansas, to-wit:
That part of the NWt swt of Section 4, Township 19 North,
Beginning at a point 260 feet East of the SW corner of said

forty, and run thence North 210 feet, run thence East 97
feet, run thence South 210 feet, run thence West 97 feet,
to the point of beginning, containing t acres, more or less.
is hereby granted and allowed a zoning usage variance to permit

the operation of a kindergarten pre-school on property currently
zoned Residential R-1 and for no other nonconforming use and
that upon cessation of the usage of the property as a kinder-
garten pre-school this usage variance shall terminate and the
property shall thereafter be used only for those uses permitted
in a Residential R-1 zone.
WHEREAS, just and good cause having been presented for
granting a zoning usage variance, this ordinance being necessary
for the immediate preservation of the health, property and
safety of the cit;tzens of Mountain Home, Arkansas an emergency
is hereby declared to exist and this Ordinance shall be in full
force and effect from and after it's passage and approval.
PASSED AND APPROVED THIS 2 DAY , 1978.
Q/?ze/dbO£~<:t~J!;
Penelope R. Feyst, City Clerk
Variance for usage in R-1 zone-Barbara Ritchie

ORDINANCE NO. 526

STREETS, AND ALLEYS OF MEADOWCREST ESTATES SUBDIVISION.

ARKANSAS:
Section 1. That the public dedications, improvements, streets

"
and alleys of Meadowcrest Estates Subdivision, Best Lane and

Shay Avenue, are hereby accepted and the Clerk and Ex-Officio
Recorder of the Circuit Court is hereby authorized to record the
final plat thereof.
Section 2. WHEREAS, this Ordinance is necessary for the
clared to exist and this Ordinance shall be ~n full force and
APPROVED THIS 21st DAY OF AUGUST, 1978.
~/p£:)
. ~ C::::::,' ~-----------~
,
Street Dedication etc., Meadowcrest Subdivision

ORDINANCE NO. 527
AN ORDINANCE AMENDING ORDINANCE NO. 395 PROVIDING

WATER RATES AND REGULATION OF WATER FROM METERS
ATTACHED TO FIRE HYDRANTS, DECLARING AN EMERGENCY
WHEREAS, Ordinance No. 395 prohibits the use of water

for any purpose other than fighting fires to be taken from
fire hydrants within the City; and
WHEREAS, there is need for land developers to have water
near land and street development, and the Water Department has
proposed certain water meters be metered to provide that use;
and
WHEREAS, water is currently made available to land dev-
elopers at a site not proximate to development; and
WHEREAS, rates have been proposed and approved for the
installation of meters, for deposits of funds by the developer,
and for the rate of water used by such developer.
Section 1. Ordinance 'No. 395, page 153 is amended to delete
the following language, "No water for any other purpose than
for fire protection, will be used through any fire protection
facility." and to insert the following language therefore,
"Water may be used through fire protection facilities upon special
application to the Water Department, and upon the grant of a
permit therefore, together with a deposit in the amount of
$250.00 refundable upon the return of such meter in a proper
operating condition and full paYment of final water bill, pay-
ment of $25.00 for the installation and removal by the Water
Department of such meter, and payment for water used upon com~
mercial rates."
Section 2. All ordinances and provisions thereof conflict-
ing herewith are hereby repealed.
Section 3. I~ is hereby declared and determined an
emergency exist and this Ordinance is necessary for the public
health, safety and welfare. It shall be in full force and ef-
fect from and after its passage and publication.
PASSED AND APPROVED this 5th day of September, 1978.
~ E. Pierce, Mayor
ATTEST:
Use of water from hydrants etc.

ORDINANCE NO. 528

LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS,
RELATIVE TO CHANGING AREA ZONED AS R-1 TO R-2.

That a proper petit~on was filed by a property owner re-

Arkansas; that notice of said petition and a public hearing thereon
was published in a newspaper having local circulation as required
public hearing was held; that all remonstrances were heard,
HOME, ARKANSAS:
be, and is hereby changed in zoning from R-1 to R-2:
Lot 9 of MEADOWLARK SUBDIVISION, as shown by the

recorded plat. Also that part of Lot 11 and that
part of Lot 12 of said subdivision lying South and
West of the creek described as follows: Commencing
at the SE cor. of said Lot 9 aforesaid, rUR then
N. 80 ft. to the NE corner thereof, run thence W.
along N. line of said Lot 9, 98.4 ft. to the NW cor.
thereof, run thence North along East line of tract
heretofore deeded to Buff, as set out in Deed 111,
page 25, 220 feet to the NE cor. of said tract deeded
to Buff, run thence W. 98.4 feet to the W. line of
Lot 11 and NW corner of tract heretofore deeded to
Buff, run thence N. along W. line of Lot 11 and W.
line of Lot 12 of said subdivision to the creek, run
thence in a Southeasterly direction, meandering the
creek to the West line of College Street, run thence
S. 3 deg. 30' W. along College Street to a point that
is 218 feet N. of the N. line of Lake Street (this
being NE cor; of tract heretofore deeded to Riley, as
set out in Deed 80, page 558), run thence West 120
ft., more or less to NW cor. of tract deeded to Riley;
run thence S. along W. line of tract deeded to Riley
and W. line of tract deeded to Snyder, as set out in
Deed 80, page 556, 218 feet, more or less, to a point
on North line of Lake Street that is 120 feet, more
or less, West of College Street (this being SW cor~
of tract deeded to Snyder) run thence S. 80 deg. 15~
W. along Lake Street, 110 feet, more or less to SE
cor. of Lot 9 and point of beginning.
It being intention to describe above all that part

of Lot 12 and all that part of Lot 11 of Meadowlark
Subdivision lying South and West of the creek, that
has not been previously deeded by grantors herein.
Page -2-
Ord. #528

passage and~blication.
ENACTED the 5th day of September, 1978, and declared

APPROVED:
E."Pierce, Mayor
'-
ATTEST:
Rezoning of Church of Christ pr@perty - R-1 to R-2

ORDINANCE NO. 529
AN ORDINANCE ESTABLISHING A MAXIMUM AMOUNT

FOR THE SALE OR EXCHANGE OF SUPPLIES,
MATERIALS OR EQUIPMENT BY MAYOR WITHOUT
COMPETITIVE BIDDING.
WHEREAS, Act 28 of 1959 provides that the Mayor or his duly

authorized representative may sell or exchange any municipal
supplies, materials or equipment provided the Council establish
a maximum amount which may be sold or exchanged without compet-
itive bidding; and
WHEREAS, there are times and occasions when the amount
expended for publication of competitive bids exceeds or makes
financially unfeasible the sale or exchange of supplies,
materials or equipment; and
WHEREAS, there are items and supplies and materials and
equipment that are no longer useful or utilized by the City,
and their value decreases with the passage of time; and
WHEREAS, the sale of these supplies, materials and equip-
ment would bring income and gain to the City,
NOW, THEREFORE, BE IT ORDAINED by the City Council of
SECTION 1. The Mayor or his duly authorized representative
may sell or exchange any municipal supply, material or equip-
ment provided howecer that the value of any item or lot (to be
disposed of as one unit) shall not exceed the value of $1,000.00.
SECTION 2. Any municipal supply, material or equipment
sold by the May~r or his duly authorized representative pursuant
to Section 1 hereof, shall not be competitivly bid.
SECTION 3. The Mayor or his duly authorized representative
shall prior to the sale or transfer of any supply, material
or equipment pursuant to Section 1 hereof, disclose to the Council
the supply, material or equipment and the price or exchange
thereof.
SECTION 4. There is an immediate need for the sale or
exchange of municipal supplies, materials and equipment not
currently being used by the City and the City will financially
gain from their dale or exchange, and therefore, an emergency
is hereby declared to exist; this ordinance being necessary for
the preservation of the public health and safety, the same shall
be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 18th day of September, 1978.
ATTEST: APPROVED:
~~
Penelope;a; ~t, Ron~ld E. Pierce,
City Clerk Mayor
C\
~0(
v
W
;J i:J"0
;Iv ORDINANCE NO. 530
~:INANCE REGULATING THE KEEPTING, TAKING UP,

IMPOUNDMENT, QUARANTINING AND DESTRUCTION OF ANIMALS
AND MAKING VIOLATIONS A MISDEMEANOR; REPEALING ORDINANCES
NO. 302 AND NO. 374; DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.

HOME, ARKANSAS:
SECTION 1. Definitions:
As used in this ordinance the following terms when used
81ngularly shall include the plllral~d.~-~Ii~i-rmean:
OWNER: Any person, firm, or corporation owning, keeping

or harboring an animal.
ANIMAL: Dog or cat, male or female.
KENNEL: Any person, firm, @r corporation engaged in the

commercial business of breeding, buying, selling or boarding
animals.
AT LARGE: Any animal shall be deemed to be at large when

he is off ~he property of his owner and not under control of
a competent person.
RESTRAINT: An animal is under restraint within the mean-

mng of this ordinance if he is controlled by a leash, at "heel"
beside a competent person and obedient to that person's com-
mands, on or within a vehicle being driven or parked on the
streets, or within the property limits of its owners or keeper.
ANIMAL SHELTER: Any premises designated by action of the

City for the purpose of impounding and caring for all animals
in violation of this ordinance.
ANIMAL WARDEN: The person or persons employed by the

City as its enforcement officer.
EXPOSED TO RABIES: An animal has been exposed to rabies

within the meaning of this ordinance if it has been bitten
by, or been exposed to, any animal known to have been infected
with rabies.
SECTION 2. Enforcement:
The provisions of this ordinance shall be enforced by the
Animal Warden of the City of Mountain Home.
Page -2-
Animal Control
SECTION 3. Restraint:
The owner shall keep his animal under restraint at all
times and shall not permit such animal to be at large.
SECTION 4. Impoundment:
(a) Any animal found running at large shall be taken up
by the Animal Warden and impounded in the shelter designated
as the City Animal Shelter, and there confined in a humane
manner for a period of not less than seven (7) days, and if
not claimed by the owner within the seven (7) days may
thereafter be disposed of in a humane manner.
(b) When animals are found running at large, and their

ownership is known to the Animal Warden, such animal need not
be impounded, but the Animal Warden may, at his descrection,
cite the owners of such animal to appear in court to answer
to charges or violation of this ordinance.
(c) Immediately upon impoundment of an animal, the

Animal Warden shall make every possible effort to notify
the owners.
SECTION 5. Redemption of Impounded Animals:

The owner shall be entitled to resume possession of
any impounded animal, except as hereinafter provided in
cases of certain animals, upon payment of impoundment fees
set forth herein.
SECTION 6. Impoundment Fees:

The owner of an animal impounded hereunder may be
reclaimed upon payment to the animal shelter of the sum of
$1.50 board fee for each day the animal is kept beginning
on the day of pick up, and for each separate and subsequent
impoundment of any animal an additional fee of $5.00, in
addition to the $1~50 per day board fee, shall be assessed.
SECTION 7. Confinement of Certain Animals:

(a) Every female animal in heat shall be kept confined
to the owner1s property or in a veterinary hospital or
boarding kennel, in such manner that such female animal
cannot come in contact with another animal, except for
intentional breeding purposes.
(b) No wild animal may be kept within the city limits,

except under such conditions as shall be fixed by the City
of Mountain Home, provided, however, that wild animals may
be kept for exhibition purposes by circuses, zoos, and
educational institutions in accordance with such regulations
as shall be established by the City of Mountain Home.
Page -3-
Animal Control
(c) An animal may be destroyed for humane reasons, upon

recommendation of a licensed veterinarian.
SECTION 8. Rabies Control:

(a) Every animal which bites a person shall be promptly
reported to the Animal Warden, if suspected of having rabies
or suspected of being exposed to rabies, and shall thereupon
be securely quarantined at the direction of a Veterinarian
for a period of ten (10) days, and shall not be released from
such quarantine except by written permission of the Veterinarian,
such quarantine may be on the premises of the owner or City
Animal Shelter.
(b) Upon demand made by the Animal Warden, the owner

shall forthwith surrender any animal which has bitten a human,
or which is suspected as having been exposed to rabies, for
supervised quarantine which expense shall be borne by the owner,
and may be reclaimed by the owner if adjudged free of rabies,
upon paYment of fees set forth in Section 6 of this ordinance.
(c) No animal which has been impounded by reason of its
being a stray, unclaimed by its owner, is allowed to be adopted
by the Animal Shelter during a period of rabies emergency
quarantine, except by special authorization of a Public Health
Official and the Animal Warden. A current rabies tag shall be
worn by animals at all times.
(d) No person shall kill, or cause to be killed, any

rabid animal, any animal suspected of having been exposed to
rabies, or any animal biting a human, except as herein provided,
or remove same from the city limits without written permission
from the Animal Warden upon written recommendation from a
Veterinarian.
SECTION 9. The Mayor of the City ~f Mountain Home shall

be and he is hereby authorized to contract with any person,
firm or corporation for services as an Animal Warden and/or
Animal Shelter. Terms, conditions and compensation for such
services shall be mutually agreed to by the Mayor and the
person selected to fulfill this capactiy upon approval by the
City Council.
SECTION 10. Investigation:

For the purpose of discharging the duties imposed by this
ordinance and to enforce its provisions, the Animal Warden or
any police officer, is empowered to enter upon any property
using proper legal procedures upon which an animal is kept
or harbored or where any animal is kept in a reportedly cruel
or inhumane manner and demand to examine such animal and to
take possession of such animal when, in his opinion, it requires
humane treatment.
Page ~4-
Animal Control
SECTION 11. Interference:

No person shall interfere with, hinder or molest the Animal
Warden in the performance of his duties or seek to release any
animal in the custody of the Animal Warden.
SECTION 12. Records:

(a) It shall be the duty of the Animal Shelter to keep,
or cause to be kept, accurate and detailed records of the
impoundment and disposition of all animals coming into its
custody.
(b) It shall be the duty of the Animal Warden or Animal

Shelter to keep, or cause to be kept, accurate and detailed
records of all bite cases reported to him, and his investigation
or same.
(c) It shall be the duty of the Animal Shelter to keep,

or cause to be kept, accurate and detailed records of all monies
belonging to the City of Mountain Home, which records shall be
open to inspection at reasonable times by such persons responsible
for similar records of the City and shall be audited by the City.
SECTION 13. Penalty:

Any person violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and punished by a fine not
less than ten dollars ($10.00) nor more than two hundred and
fifty dollars ($250.00) and if such violation be continued,
each day's violation shall be a separate offense.

If any part of this ordinance shall be held v@id such part
shall be deemed severable, and the invalidity thereof shall not
affect the remaining parts of this ordinance.
SECTION 15. Repeal:

Ordinance No. 302 and Ordinance No. 374 are hereby repealed.
SECTION 16. The City Council of the City of Mountain Home,

Arkansas, has determined that animals are roaming on the public
streets and ways of the City, an emergency is declared to exist,
and in order to protect the health and safety of the citizens
this Ordinance shall have full force and effect from and after
PASSED AND APPROVED THIS 18th day of September,1978.
APPROVED:
~L ~c~
-:»
«: ~--
.>. .
ATTEST: i RaidE. Pierce, Mayor
ORDINANCE NO. 531

AND SEWER IMPROVEMENT'DISTRICT NO.3 OF THE CITY OF MOUNTAIN
HOME, ARKANSAS; ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY
TO THE CITY OF MOUNTAIN HOME, ARKANSAS, AND TO ANNEX PROPERTY
TO THE CITY OF MOUNTAIN HOME, ARKANSAS, AS RESIDENTIAL R-1.
WHEREAS, a Petition was filed with the County Clerk of

Baxter County, Arkansas, by the real estate owners of the
land hereinafter described, praying that said lands be
annexed to and made a part of the City of Mountain Home,
Arkansas; and
WHEREAS, on the 18th day of August, 1978, the County

Court of Baxter County, Arkansas, found that said Petition
was signed by all of the fee simple owners of the said
property; that the said territory is contiguous to the present
corporate limits of the City of Moun-tain Home, Arkansas; that
accurate plats or maps of said territory showing its relation-
ship to the present city has been filed and made a part of said
annexation petition; that proper notice has been given for the
time and in the manner prescribed by law; that said lands and
territory should be annexed to the City of Mountain Home, Arkansas,
subject to the acceptance of the same by the City Council of said
city at the proper time as pr0vided by law; and
of annexation made by the County Court has expired, and no appeal
has been taken from said order; and
WHEREAS, the same petitioners have petitioned in writing

to the City of Mountain Home, Arkansas, praying that said
property be annexed to the Water and Sewer Improvement District
No.3 of the City of Mountain Home, Arkansas, for the purposes

Petition was signed by all the owners of the real property in
said territory; and
WHEREAS, a proper Petition was filed by property owners

requesting a zoning; that said Petition was submitted to the
Planning Commission of the City of Mountain Home, Arkansas;
that notice of said Petition and a public hearing thereon was
by ordinance; that a public hearing was held; that all remon-
strances were heard, after which the Planning Commission
recommended that all property described hereinafter be annexed
to the City of Mountain Home, Arkansas, as Residential R-1.
NOW, THEREFORE, BE IT ORDAINED by the City Oouncil of the

Section 1: That the following described lands and

territory contiguous to the adjoining the City of Mountain Home,
Arkansas, and to Water and Sewer Improvement District No. 3
of the City of Mountain Home, Arkansas, be and the same is here-
by accepted and annexed to the City of Mountain Home, Arkansas,
and Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, and annexed to the City of Mountain
Home, Arkansas, as Residential R-1, to~wit:
Page -2-
Annexation of 1st Addition
of Sylvan Hills
A part of the NWt NEt and a part of the NEt NEt,

Baxter County, Arkansas, described as follows:
Starting at the NE corner of th~ NWt NEt, Section
5, Township 19 North, Range 13 West, thence South
o deg. 34' West 202.0 ft.; thence South 89 deg.
26' East 17.0 feet to the point of beginning,
thence South 0 deg. 34' West 470.0 feet; thence
North 89 deg. 26' West 903.3 feet; thence South
o deg. 34' West 109.1 feet; thence North 89 deg.
26' West 25.0 feet; thence South 0 deg. 34' West
170.4 feet; thence South 89 deg. 26' East 133.3
~eet; thence South 0 deg. 34' West 10.5 feet;
thence South 8~ deg. 26' East 114.0 feet; thence
South 0 deg. 34' We~t ~20.0 feet; thence South 89
deg. 26' East 127.0 feet; thence South 0 deg. 34'
West, 50.0 feet; thence South 89 deg. 26' East,
604.0 feet; thence North 0 deg. 34' East, 930.0
feet; thence North 89 deg. 26' West 50.0 feet to
the point of beginning, containing 9.66 acres,
more or less.
Section 2: Extensions to the existing sanitary sewer

and water systems as may now exist may be built to serve the
property within the bounds of the above described territory
in such manner and with such materials as the Commissioners
of Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, may deem to be the best interest of
the said District. The costs thereof may be assessed upon

extensions to existing sanitary sewer system and water
system, as the same now exist, to serve the property within
the boundaries hereinabove described. Therefore, an emergency
is hereby declared to exist, this ordinance being necessary
for the preservation of the public health and safety, the same
and publication.
APPROVED:
Pierce, Mayor
ATTEST:
Clerk
Annexation of the first Addition of Sylvan Hill Subdivision

ORDINANCE NO. 532


That because the soil has settled beneath the water puri-
fication tank and the soil thereunder needs strenthening and
for the preservation of the health, safety and welfare of the
people of Mountain Home, Arkansas, the City Council hereby
declares that an emergency exists and that strenthening of the
soil beneath the tank at the water purification plant is needed
immediately and that the requirement of competitive bidding should
be suspended.
SECTION 1. That an emergency exists and that the soil
beneath the purification tank at the water treatment plant
needs stabilizing immediately.
SECTION 2. That the requirement of competitive bidding
SECTION 3. The Mayor is hereby authorized and directed
to expend for the stabilization of the soil beneath said tank
an amount not to exceed $4,500.00 (four thousand five hundred
dollars).
SECTION 4. An emergency is hereby declared to exist and
its passage.
PASSED AND APPROVED this 2nd day of October, 1978.
APPROVED:
~c?e~
1fiaid E. Pierce, Mayor
ATTEST:
Clerk
Suspending bidding for stabilizing flash mix tank at water

treatment plant.
ORDINANCE NO. 533

AREA ZONED AS 1-1 TO R-3.

as required by Ordinance No. 296 as amended by Ordinance No. 433;
HOME, ARKANSAS:
be, and is hereby changed in zoning from 1-1 to R-3.
Part of the NWt NEt of Section 16, Township 19 North,
at the SE corner of said forty, run thence West 427.7 feet
to a point, run thence N. 1° 59' W. 330 feet to a point,
run thence East 427.7 feet to the east line of said forty;.
run thence-south along the east line of said forty 330 feet
to the point of beginning. Containing 3.25 acres, more
or less.
Whereas, this ordinance is necessary for the preservation
Arkansas, an emergency is hereby d3clared to exist and this
ENACTED the 6t~ d~y of November, 1978, and declared effect-
ive from and after its passage.
APPROVED:
~~~~~~
William M. Klemm, Mayor Pro Tempore
ATTEST:
Rezoning McPeak-Anderson Investments, corner of Post Oak Road and

16th st. from 1-1 to R-3.
ORDINANCE NO. 534
AN ORDINANCE ESTABLISHING THE ANNUAL SALARY AND

COMPENSATION OF THE CITY ATTORNEY OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, BEGINNING JANUARY 1,
1979 AND ANNUALLY THEREAFTER; AND FOR OTHER
PURPOSES.

1. Beginning January 1, 1979 and annually thereafter, the
salary and compensation of the City Attorney of the City of
Mountain Home, Arkansas, is established and set at the sum of
one dollar ($1.00) per annum.
2. The City Attorney shall, beginning January 1, 1979,
and continuing thereafter until repealed or altered by the
Council, receive no other compensation of any kind or form includ-
ing but not limited to expenses or other obligations incurred by
virtue of holding said office.
3. The City Attorney shall not be authorized to charge
or incur any debt or obligation for which the City of
Mountain Home could be liable.
4. The City Attorney shall not be permitted to engage
in the private practice of law in any manner or form whatsoever
while elected to or holding said office.
5. All fees and fines collected by the City Attorney shall
be turned over to the City Treasurer for deposit by her -into
general city revenues.
6. Should any portion of this ordinance be subsequently
deemed invalid by a competent Court, such invalidity of said
portion shall not affect the validity of any other portion of this
ordinance which shall remain in full force and effect.
7. All ordinances or resolutions or parts of ordinances
or resolutions in conflict herewith are hereby repealed.
8. This ordinance being necessary for the immediate pre-
servation of this public peace, healthmd safety, an emergency
is hereby declared to exist and the same shall be in full force
and effect immediately upon its passage and publication.
PASSED AND APPROVED THIS 6th DAY OF NOVEMBER, 1978.
APRROVED:
#~A"~
ATTEST:
City Clerk
Establishing the annual salary and compensation of the City Attorney

ORDINANCE NO. 535
AN ORDINANCE REMOVING WILLIAM STEPHEN CRAIN FROM

OFFICE AS CITY ATTORNEY FOR THE CITY OF

1. William Stephen Crain, having been previously appointed
as City Attorney for the City of Mountain Home, Arkansas, is
hereby removed from said office and said office is hereafter
declared to be vacant until a successor is appointed.
2. All ordinances and resolutions or parts thereof in
conflict herewith are hereby repealed.
3. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is hereby declared to exist and the same shall be in full force
and effect immediately after its passage and publication.
APPROVED:
$~~~/If~~ ,
ATTEST,;,
Removing Wm. Stephen Crain from Office of City Attorney

ORDINANCE NO. 536
AN ORDINANCE REDUCING THE ASSESSMENT CALCULATED

FOR WATER AND SEWER IMPROVEMENT DISTRICT NO.. 3
OF THE CITY OF MOUNTAIN HOME ,ARKANSAS, NOT
INCLUDING ANNEX NO.1, IN THE REGULARLY PRESCRIBED
MANNER FOR THE YEAR 1979, BY 30%.

HOME, ARKANSAS:
That the Commissioners of the Water and Sewer Improvement

District No.3 of the City of Mountain Home, Arkansas, should
be and they are hereby authorized to reduce the assessment
calculated for Water and Sewer Improvement District No.3,
not including Annex No.1, in the regularly prescribed manner
to the year 1979, by thirty per cent (30%).
ENACTED the 27th day of November, 1978, and declared
APPROVED:
ATTEST:
Reducing Assessment Calculated for W/S Dist. 3 for 1979

ORDINANCE NO. 537

NORTHERN HILLS ESTATES NO.2, BLOCK 1.

ARKANSAS:
streets and alleys of Northern Hills Estates No.2, Block 1,
Montgomery Street, Nevada Street, part of Benton Street and
Nicole Lane, are hereby accepted and the Clerk and Ex-Officio
Recorder of the Circuit Court is hereby authorized to record
the final plat thereof.
APPROVED THIS 27th DAY OF NOVEMBER, 1978.
APPROVED:
ATTEST:
Accepting Streets etc. in Northern Hills Estates No.2, Block 1

ORDINANCE NO. 537
PUBLIC DEDICATIONS, IMPROVE NTS,

STREE S, AND ALLEYS OF NORTHERN HILLS ESTATES NO.
BLOCK
BE IT OR AINED BY THE CITY COUNCIL OF MOUNTAIN OME,

ARKANSAS:
Section That the public dedications, imp ovements,
streets and aIle of Northern Hills ~states No.2, Block 1,
/
Montgomery Street, Nev da tr et, partrof
/
Bento Street and
Nicole Lane are her by ted and the Clerk nd Ex-Officio
Recorder of the Cire it is hereby autho ized to record the
final plat thereof.
Section 2. Ordinance i necessary for the
preservation of
City of Mountain
declared to exist
effect from
Klemm, Mayor Pro Tempore

ATTEST:
Penelope R. Feist, City C erk
Dedication of Streets, etc., Northern Hills Estates No.2 Block 1

ORDINANCE NO. 538
AN ORDINANCE ACCEPTING PUBLIC DEDICATIONS, IMPROVE-

MENTS, STREETS, AND ALLEYS OF BLOCKS 5, 6 AND
LOTS 6, 7, 8 & 9 OF BLOCK 7 OF INDIAN CREEK NO.3
PHASE 2, A SUBDIVISION.

ARKANSAS:

streets and alleys of Blocks 5, 6, and Lots 6, 7, 8 & 9 of
Block 70f Indian Creek No.3, Phase 2, a subdivision,
(being First Street, Kingswood Circle, Kingswood Drive,
Louann Drive) are hereby accepted and the Clerk and Ex-Officio
final plat thereof.
Section~2. WHEREAS, this ordinance is necessary for the
clared to exist and this Ordinance shall be in full force and
APPROVED THIS 4th DAY OF DECEMBER, 1978.
APPROVED:
William
%
M. Klemm, Mayor Pro Tempore
ATTEST:
Dedication of streets etc., Indian Creek No.3 Phase 2

ORDINANCE NO. 539

BY ORDINANCE NO. 433, WITH REFERENCE TO ZONING WITHIN
RESIDENTIAL R-1 TO COMMERCIAL C-2.

HOME, ARKANSAS:
That a proper petition was filed by the property

-' j ~ {.-- , • •
owners
published in a newspaper having local~circulation as required
HOME, ARKANSAS:
That the following read estate in Baxter County, Arkansas,
Commercial, C-2.
O. 67 ac:r:e~,,'~ in the NWi of the NWi of Section

loc'lte'.d
4, Township 19 North, Range 13 West, Baxter County,
Arkansas, described as follows: From the NW corner
of said Section 4, run S. 0 deg. 10' E, 225.00',
thence S. 89 deg. 53' E. 644.30', thence S. 4 deg.
19' W, 284.50', thence S. 0 deg. 08' W, 50.00' to
the point of beginning for the tract herein described;
thence run S. 87 deg. 51' E. 169.83', to a point on
the west right of way line of StateHwy. 201, thence
S. 0 deg. 12' E., along said right of way, 169.25',
thence N. 88 deg. 39' W, 170.75', thence N. 0 deg.
08' E, 171.58' to the point of beginning.

ENACTED THIS 4th day of December, 1978, and declared ef-
fective from and after its passage.
ATTEST: APPROVED:
William M. Klemm, Mayor Pro Tem
Rezoning property on Hwy 201 N., East of Northern Hills Est. #2 &
South of John Haley property, R-1 to C-2
ORDINANCE NO. 540

AS AMENDED BY ORDINANCE NO. 433, WITH
OF THE CITY OF MOUNTAIN HOME, ARKANSAS,
RELATIVE TO CHANGINGcAREA ZONED AS R-1
TO C-3.

HOME ,ARKANSAS:

requesting a changB in zoning; that said Petition was submitted
Arkansas; that notice of said Petition and a public hearing
as required by Ordinance No. 296 as amended by Ordinance No.
433; that a public hearing was held; that all remonstrances
HOME, ARKANSAS:
That the following read estate in Baxter County, Arkansas,
A part of the SEt swt and a part of the swt SEt

Section 4, Township -1'9North,' Rang'e13West,
Beginning at the SE corner of the SEt swt

Sec. 4, and run thence North to intersection of
South line of Ray Street, run thence Easterly
along South line of Ray Street, 10 feet, more
or less, to the NW corner of Lot No. 2 in BARRETT
SUBDIVISION, to point of beginning for tract
herein described; run thence South along West
line of Lot No.2, 167.7 feet to point, run
thence West 158 feet, more or less, to the East
line of C@llege Street, run thence Northerly
along East line of College Street to a.point
that is 107 feet S. 3 deg. 27' E. from the
intersection of Ray Street and College Street,
this point being the SW corner of the King tract,
run thence N. 85 deg. 45' E. 123 feet to point,
run thence N. 4 deg. 19' W. 77.9 feet to point
on South line of Ray Street, run thence Easterly
along South line of Ray Street 50 feet to the
point of beginning.
Page -2-
Ord. #540

ENACTED the 4th day of December, 1978, and declared
APPROVED:
~d4;'~.~
William M~emm, Mayor Pro Tempore
ATTEST:
Rezoning ~harles H. and Cheryl D. Munson property on the East

side of College St. between 1st st. and Ray st. R-1 to C-3
ORDINANCE NO. 541

RELATIVE TO ANIMAL CONTROL; DECLARING AN

HOME, AR..T{ANSAS:
Section 1. Section 6 of Ordinance 530 of the City of

Mountain Home, Arkansas, is hereby amended and the following
sentence added to said Section:
All impoundment and board fees shall belong to the
City of Mountain Home, Arkansas, and turned over to
the City Treasurer monthly.
Section 2. The City Council of the City of Mountain
Home, Arkansas, has determined that the present Ordinance on
animals needs to be clarified as the disposition of board
and impoundment fees and therefore, an emergency is declared
to exist and in order to preserve the public peace, health and
safety this Ordinance shall have full force and effect from and
APPROVED:
~4;~
ATTEST:
,Amending Animal Control Ordinance No. 530

ORDINANCE NO. 542
\ AN ORDINANCE PURSUANT TO ARKANSAS STAT. ANNOTATED

\19-2421 ET SEQ (1968 REPL.) FOR THE CREATION AND
ADOPTION OF CRIMINAL LAWS FOR THE CITY OF MOUNTAIN
HDME, ARKANSAS; FOR THE ENFORCEMENT OF SAME;
DB~LARING IT AN EMERGENCY AND FOR OTHER RELATED
PURPOSES.
\
BE IT ORD\INED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN
HOME, ARKANSAS:
\
Section I. \ \
\
Arkansc\s statutes Annotated 41-101 through 41-4161 (1977

Repl.); Arka~sas·StatutesAnnotated82-2601 through 82-2643
(1976 Repl.);\and Arkansas Statutes Annotated 75-101 through
75-2404 (1957\~epl.) as now existing insofar as the same
\.
may make any a~t, matter or thing a crime or violation or
provide for anyvp r-o ce dur e pursuant thereto, are hereby
adopted and incorporated into and as part of the criminal
code of the citY9f Mountain Home, Arkansas.
Section II.
Each and ever~ person who shall, within the corporate
limits of the City qf Mountain Home, Arkansas, violate any
of the provisions of\the Sections of Arkansas law as set out
above and adopted anwincorporated herein, shall on conviction
thereof be punished by fine or imprisonment, or both, as the
case may be, together with the cost of the proceedings, of
not less than the minimum nor more than the maximum penalty
as prescribed by the provisions of the Arkansas law incorporated
and adopted herein; which penalty shall be enforced in the
manner now prescribed by law for the enforcement and collection
of fines, forfeitures and penalties imposed by the City
Courts of cities of the fi~st class. All fines when imposed,
to be charged to the City Chief of Police or his agents and
deputies and then collected and paid into the City Treasury.
Section III.
All ordinances and parts\of ordinances in conflict with
this ordinance are hereby repe~led and revoked.
Section IV.
The provisions of this ordinance are hereby declared to
be severable. If any provisions should be held to be invalid
or inapplicable to any person or ~ircumstance, such holding
\
shall not affect the validity or applicability of the remainder
of the provisions hereof.
Page Two
Ord. #542
Section V.
This ordin nce being necessary for the preservation of
the public peace, health and safety, and upon the~great need
for protection of t e public from crime and the enforcement
of punishment agains violators of the peace of the City, an
emergency is hereby dec ared to exist, and the ordinance
shall be in full force an effect from and after its passage
and publication as required by law.
PASSED AND APPROVED THIS /q DAY OF IOurm!f..ljJ.../, 1978.
APPROVED:
Ma~ Pro Tempore
ATTEST:
Adopting Criminal Codes of the State of Arkansas

ORDINANCE NO. 543
AN ORDINANCE FOR THE CREATION OF AND ADOPTION OF

A MOUNTAIN HOME, ARKANSAS "HOT CHECK LAW";
ENFORCEMENT OF THE SAME; INCORPORATION OF THE SAME
INTO THE MOUNTAIN HOME, ARKANSAS, CRIMINAL CODE;
DECLARING AN EMERGENCY AND FOR OTHER RELATED
PURPOSES.

HOME, ARKANSAS:
Section 1. Obtaining Property with Check Drawn on

Insufficient Funds. It shqll be unlawful for any person to
procure any article or thing of value, or to secure possession
of anypersonal.p:toperty·to which; a lien has attached or to
make paYment of any taxes, licenses or fees, or for any other
purpose to make or draw or utter or deliver, with intent to
defraud, any check, draft or order, for the paYment of money,
upon any bank, person, firm or corporation, knowing at the time
of such making, drawing, uttering or delivering, that the maker,
or drawer has not sufficient funds in, or on deposit with, such
bank, person, firm or corporation for the paYment of such check,
draft or order, in full, and all other checks, drafts or orders
upon such funds then outstanding.
Section 2. PaYment for Personal Services with Overdraft
Unlawful. It shall be unlawful for any person or persons to make,
draw, utter or deliver, or to cause or direct the making, draw-
ing, uttering, or delivering of any check, draft or order for
the paYment of money on any bank, person, firm or corporation,
in paYment of wages, or salaries, for personal services rendered,
knowing that the maker, drawer or payor does not have sufficient
funds in or on deposit with such bank, person, firm or corpora-
tion, for the paYment in full of such check, draft or order, as
well as all other then outstanding checks, drafts or orders upon
such funds, and with no good reason to believe the check, draft,
or order would be paid upon presentation to the person or bank
upon which same was drawn.
Section 3. Evidence Against Maker or Drawer. As against
the maker, or drawer thereof, the making, drawing, uttering or
delivering of a check, draft or order, paYment of which is re-
fused by the drawee, shall be prima facie evidence of intent to
defraud and of knowledge of insufficient funds in, or on
deposit with, such bank, person, firm or corporation. The
indorsement or stamp of a collecting bank on any check, whether
such check be drawn on an out-of-state or in-state bank, shall
constitute prima facie evidence of presentment without protest.
Page Two
Ord. #543
Section 4. Penalty for Drawing Check on Insufficient

Funds.
A. Upon a determination of guilt in the event that the
order, draft, or check is one hundred dollars ($100.00) or
less, the penalties shall be as follows:
(1) First Offense. A fine of not less than twenty
dollars ($20.00) nor more than five hundred dollars ($500.00)
or imprisonment in the county jail not to exceed thirty (30)
days or both.
(2) Second Offense. A fine of not less than fifty
dollars ($50.00) nor more than one thousand dollars ($1,000.00)
or imrpisonment in the county jail not to exceed sixty (60)
days or both.
(3) Third and subsequent offense.'.·A~fine of Bot less
than one hundred dollars ($100.00) nor more than two thousand
dollars ($2,000.00) or imprisonment in the county jail not to
exceed one (1) year or both.
B. Upon a determination of guilt in the event that the
order, draft, or check is greater than one hundred dollars
($100.00), or where there is more than one (1) check drawn on
insufficient funds and the total in a single prosecurion is
greater than one hundred dollars ($100.00), the offense shall
be a felony, and punishable by a fine not exceeding ten thousand
dollars ($10,000.00) or imprisonment in the state penitentiary
for a term not to exceed ten (10) years, or both.
Section 5. Severability. If any provision of this
ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provi-
sions or applications of this ordinance which can be given effect
without the invalid provision or application, and to this end
the provisions of this ordinance are declared to be severable.
Section 6. Emergency. It is hereby found and determined
by this Council that there may be technical errors with the
existing Mountain Home "Hot Check Laws", and this ordinance
being necessary for the preservation of the public peace, health,
and safety, an emergency is hereby declared to exist, and this
passage and publication as required by law.
Passed and approved December 19, 1978.
APPROVED:
£:~M. ~~o Tempore

ATTEST:
Q--<-7U~~
"Hot" check law

ORDINANCE NO. 544
AN ORDINANCE REPEALING SECTION 4 OF ORDINANCE NO. 534

OF THE CITY OF MOUNTAIN HOME, ARKANSAS.

HOME, ARKANSAS:
SECTION 1: Section 4 of Ordinance No. 534 of the City of
Mountain Home, Arkansas is hereby repealed.
SECTION 2: The ability to practice law privately in
addition to serving as City Attorney is necessary to attract
good, qualified attorneys to seek the office of City Attorney.
An emergency is therefore declared and this Ordinance being
necessary for the preservation of the public peace, health and
safety shall be in full force and effect from and after its
passage.
DATED: February 12, 1979 APPROVED: ~.J!elc? ~

ATTEST:
ORDINANCE NO. 545
AN ORDINANCE AMENDING ORDINANCE NO. 441 WHICH

INCREASES THE MONTHLY RATE BY $.75 AND CHARGES
CERTAIN CONNECTION CHARGES AND FOR OTHER PURPOSES.

MOUNTAIN HOME, ARKANSAS AS FOLLOWS:
That Section 11 of Ordinance 441 is hereby amended to read

as follows:
Section 11. By its acceptance of this franchise, the Grantor
specifically grants and agrees that its rates and charges to its
subscribers for television and radio signal shall be fair and
reasonable and no higher than necessary to meet all lawful cost
of operation (assuring efficient and economical management),
including a fair rate on investment. The existing monthly rates
and charges, which are hereby approved beginning March 1, 1979
are as follows:
Schedule
Main Station $ 7.65

Extensions, T.V. or F.M. .50
Charge for amplifier (when needed)

Up to 10 outlets* 2.00
Above 10 outlets** 5.00
Installation charges:
Residential
Previous service 10.00
No prior service 15.00
Extension, F.M. or T.V. 5.00
Business (per outlet)

Moves and changes

Inside 5.00
Outside
Previ0us service 10.00
Reconnect after disconnect

for non payment 10.00
Return check charge 3.00

** Amplifiers will be added as needed to maintain signal strength,
due to losses because of ~umber of extensions or length of runs.
Page Two
Ordinance No. 545
TV Cable rate increase
Grantee shall make no change in rates and charges for

service under this ordinance without approval of the City
Council unless the City has failed to approve or reject proposed
rates within ninety days of a written request by Grantee and
the Grantor shall have the reciprocal right to ask the Grantee
for a rate decrease.
of the health and safety of the citizens of the City of
Mountain Home, Arkansas, and an emergency is hereby declared to
exist and this Ordinance shall be in full force and effect from
APPROVED:
ATTEST:
T.V. Cable Rate Increase

ORDINANCE NO. 546
AN ORDINANCE ACCEPTING PUBLICDEDIGATIONS,

BLOCK I, NORTHBROOK, A SUBDIVISION.

ARKANSAS:

streets and alleys of Block I, Northbrook, a Subdivision, are
hereby accepted and the Clerk and Ex-Officio Recorder of the
Circuit Court is hereby authorized to record the final plat
thereof.
Section 2. WHEREAS, this ordinance is necessary for the
City of Mountain Home, Arkansas, and an emergency is hereby declared
to exist and this ordinance shall be in full force and effect
APPROVED:
~c!?Q_
"ll3ld 'i. Pierce, Mayor
ATTEST:
QAZPA0-e
~
Q 2i~
I' v
Street Dedication, Block I, Northbrook Subdivision

ORDINANCE NO. 547
GRANTING USE VARIANCE ON PROPERTY SOUGHT TO

BE REZONED.
IN LIEU OF REZONING IT IS ORDAINED BY THE CITY COUNCIL

That Julia Tharpe is granted a variance in the use of

the following real estate in Baxter County, AR, to be used as an
upholstery shop by Julia Tharpe.
That part of the NEt NEt Section 16, Township 19
From the NE corner of said forty, run thence N. 89

deg. 25' W. 541.27 feet to a point, run thence S.
o deg. 11' E. 1010 feet to a point for a place of
beginning for a tract herein described, run thence
East on a line parallel with the South line of said
forty 250 feet to a point, run thence in a SW dir-
ection on a straight line 340 feet, more or less, to
the South line of said forty to a point 415 feet W.
to the SE corner thereof, run thence S. 89 deg. 25'
W. along the South line of said forty 100 feet to a
point, thence N. 23 deg. 08' E. 127.1 feet to a
point, run thence West 100 feet to a point, run
thence North 217.50 feet to the point of beginning.
Home, AR, an veme rgency is hereby declared to exist, and this
ENACTED the 19th day of March, 1979, and declared
APPROVED:
~7c;;;2,
RNAIJ])i. PIERCE, MAYOR
'
ATTEST:
'Q/7?J k:;aeQ
/ I 'v
:z:~
PENELOPE R. FEIST, CITY CLERK
Use Variance on Julia Tharpe property

AN ORDINANCE DESCRIBING THE AREA WITHIN THE
TERRITORIAL JURISDICTION OF THE CITY WITHIN
WHICH THE CITY WILL PREPARE PLANS, ORDINANCES,
AND REGULATIONS; DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES.
WHEREAS, Act 186 of 1957, as amended, (A. S. A. Section

19-2825 et seq.) provides for exclusive jurisdiction of the
City of Mountain Home of all land lying within five (5) miles of
the corporate limits; and,
WHEREAS, the Planning Commission has designated the area
within the area within the territorial jurisdiction for which
it will prepare plans, ordinances, and regulations; and,
WHEREAS, a description of the area is required to be filed
with the City Clerk and County Recorder;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
Section 1. Planning Area.
The City of Mountain Home designates the following described
area within the territorial jurisdiction of the City pursuant to
Act 186 of 1957, as amended, for which it will prepare plans,
ordinances and regulations:
All of Sections 2 through 11 inclusive-and

Sections 14 through 23 inclusive T-19-N, R-13-W
and Sections 31 through 35 inclusive T-20-N,
R-13-W, more particularly described as follows:
Beginning at the Southwest corner of T-20-N,

R-13-W; thence Northerly along the West line
of Range 13 West to the Northwest corner of
aforementioned Section 31; thence Easterly
along the North lines of Sections 31, 32, 33,
34, and 35 to the Northeast corner of afore-
mentioned Section 35; thence Southerly along
the East line of Section 35 to the Southeast
corner of said Section; thence Westerly along
the Township line to the Northeast corner of
Section 2, T-19-N, R-13-W; thence Southerly
along the East line of Sections 2, 11, 14, and
23 to the Southeast corner of Section 23,
T-19-N, R-13-W; thence Westerly along the
South lines of Sections 23, 22, 21, 20 and 19
to the Southwest corner of Section 19, T-19-N,
R-i3-W; thence Northerly along the West Range
line of Range 13 West, said range line being
the West lines of Sections 19, 18, 7 and 6
to the Northwest corner of Section 6, said
corner also being the Northwest corner of
T-19-N, R-13-W; thence Westerly along the
South line of T-20-N, R-13-W, said line being
the South line of Section 31, T-i9-N, R-13-W
to the point of beginning, and containing
twenty-five (25) square miles more or less.
Page Two
Ordinance No. 548
Planning Area
Section 2. Emergency.
It has been found and declared by the City of Mountain
Home, Arkansas, the area adjacent to the corporate limits
of the City requires planning, and planning is ineffective for
some of the area within the territorial jurisdiction of the City
as provided by Act 186 of 1957, therefore, an emergency is de-
clared to exist, and this Ordinance, being necessary for the
preservation of the public peaee, health and safety, shall take
effect and be in force from the date of its approval.
APPROVED:
c::;E I 2
·~Jv/?LdrtJ
R nald E. Pierce, Mayor
ATTEST:
Planning Area
ORDINANCE NO. 549

MOUNTAIN HOME, ARK., RELATIVE TO CHANGING AREA
ZONED AS R-1 TO C-2.

HOME, ARKANSAS:

requesting a change in zoning; that said Petition was submitted
Arkansas; that Notice of said Petition and a public hearing
thereon was published in a newspaper having local circulation as
required by Ordinance No. 296 as amended by Ordinance No. 433;
A part of the swt of the NEt of Section 4,

Township 19 North, Range 13 West, bounded and
From the SE corner of the swt NEt, Sec. 4, Twp. 19 N.,

R. 13 W., run thence N. 0 deg. 36' E. 1,177.8 ft. to a
point; run thence N. 88 degs. 41' W. 201 ft. to the point
of beginning for the tract herein described; continue
thence N. 88 degs. 41' W. 248.9 feet to a point; run
thence N. 1 deg. 40' E. 127.2 feet to a point; run thence
S. 88 degs. 20' E. 248.9 feet to a point; run thence S. 1
deg. 40' W. 125.7 feet to the point of beginning.

the health and safety of the citizens of Mountain Home,
ENACTED the 19th day of March, 1979, and declared effective
APPROVED:
~f)~~
naid E. Pierce,ayor
ATTEST:
Penelope R(' FelS=t, Ci ty Clerk

v
Rezoning Mountain Springs Development Co. Property on Col St.

ORDINANCE NO. 550

WOODCREST HEIGHTS SUBDIVISION.

ARKANSAS:

streets and alleys of Woodcrest Heights Subdivision, including
the street extension called "Spring Park Drive", as shown on
the final plat, are hereby accepted and the Clerk and Ex-Officio
final plat thereof.
Section~. WHEREAS, this Ordinance is necessary for the
C'ity of Mountain Home, Arkansas, and an emergency is hereby
declared to exist and this Ordinance shall be in full force
APPROVED THIS 2nd DAY OF APRIL, 1979.
APPROVED:
ATTEST:
st. Dedications, etc., Woodcrest Heights Subdivision

ORDINANCE NO. 551
AN ORDINANCE AMENDING ORDINANCE NO. 481 AMENDING

ORDINANCE NO. 296 AS AMENDED BY ORDINANCE NO. 433, WITH
REFERENCE TO ZONING WITHIN THE CITY LIMITS OF MOUNTAIN HOME,
ARKANSAS, RELATIVE TO CHANGING AREA ZONED R-2 TO C-3.

HOME, ARKANSAS:

Arkansas; that notice of said petition and a public hearing thereon
was published in a newspaper having local circulation as required
public hearing was held; that all remonstrances were heard,
after which the Planning Commission recommended that all
HOME, ARKANSAS:
A part of the SE~ SE~ of Section 5, Township 19 North,

Range 13 West described as fOllows: Begin at the NE
corner of SE~ SE~ of Section 5 and run South along the
40 line, 112 feet to the South RjW line of North Street,
thence Westerly along the RjW line of North Street, 307
f~et, thence S. 00 35' E., 95 feet to a point of begin-
n+ng. From the point of beginning run S. 750 35' E.,
9? feet, thence S. 120 17' W., 170 feet to the NE RjW
Ilne of Arkansas Highway No.5, thence N. 470 55' W.
a~ong,the RjW line of Highway.No. 5, 75.fe~t, thence N.
? 35 W., 140 feet to the pOlnt of beglnnlng, contain-
lng .27 acre, also known and described as 405 Highway
5 North.

ENACTED this 16th day of April, 1979, and declared effective

Rezoning Becker Property on Hwy 5 North, R~ to C-3.

ORDINANCE NO. 552
AN ORDINANCE DECLARING AN EMERGENCY AND SUS-

PENDING THE REQUIREMENTS FOR COMPETITIVE
BIDDING.
WHEREAS, it is necessary for the roof on the City Hall be

repaired during good, dry weather; and,
WHEREAS, the City has inquired of roofing firms within and
without the City of the nature of the repairs to the public property
and cost thereof; and,
WHEREAS, it is necessary to commence work on said property
as soon as practicable,
Section 1. An emergency exists and the roof of the City
Hall needs immediate repair.
Section 2. The requirement of com~etitive bidding is
hereby suspended.
Section 3. The Mayor is hereby authorized and directed
to expend for repairs to the roof of the City Hall a sum of or an
amount not to exceed $6,880.00 and to execute a contract for the
repair thereof with a ten (10) year warranty with Ozark Roofing
Company.
Section 4. An emergency is hereby declared to exist and
this ordinance shall be in full force and effect from and
after its passage.
PASSED AND APPROVED this 16th day of April 1979.
APPROVED:
;:;a;:; E. Pierce, Mayor

ATTEST:
Suspending competitive bidding for roof repair

ORDINANCE NO. 553

THE REQUIREMENTS FBR COMPETITIVE BIDDING.
WHEREAS, it is necessary for the Fire Department of the

City of Mountain Home, Arkansas to be properly and fully
equipped; and
WHEREAS, it is necessary that the City furnish such
equipment necessary to protect the property of and lives of
the citizens of the City of Mountain Home, Arkansas; and
WHEREAS, it is necessary that an automobile be available
at all times for the transportation of equipment of the
Fire Department and its personnel,
Section 1. An emergency exists and the Fire Department
needs transportation for its equipment and personnel immediately.
Section 2. The requirement of competitive bidding is
hereby suspended.
to expend for a Chevrolet Nova automobile to transport the
personnel and equipment of the Fire Department, a sum or
amount not to exceed $5,350.00 from Kent Chevrolet.
Section 4. An emergency is hereby declared to exist and
its passage.
PASSED AND APPROVED this 16th day of April, 1979.
APPROVED:
ATTEST:
Suspending bidding for automobile for Fire Department

ORDINANCE NO. 554

THEREWITH TO WATER AND SEWER IMPROVEMENT
DISTRICT NO. 3 OF THE CITY OF MOUNTAIN
HOME, ARKANSAS; ACCEPTING THE ANNEXATION
OF CERTAIN TERRITORY TO THE CITY OF
MOUNTAIN HOME, ARKANSAS, AND TO ANNEX
PROPERTY TO THE CITY OF MOUNTAIN HOME,
WHEREAS, a petition was filed with the County Clerk of

Baxter County, Arkansas, by the real estate owners of the land
hereinafter described, praying that said lands be annexed to
and made a part of the City of Mountain Home, Arkansas; and
WHEREAS, on the 9th day of March, 1979, the County Court

of Baxter County, Arkansas, found that said petition was signed
by all of the fee simple owners of the said property; that the
said territory showing its relationship to the present city has
been filed and made a part of said annexation petition; that pro-
per notice has been given for the time and in the manner pre-
scribed by law; that said lands and territory should be annexed
to the City of Mountain Home, Arkansas, subject to the
acceptance of the same by the City Council of said City at the
proper,:,timeas provided by law; and

order of annexation made by the County Court has expired, and no
appeal has been taken from said order; and
Wr.ffiREAS,
the same petitioners have petitioned in writing
to the City of Mountain Home, Arkansas, praying that said property
be annexed to the Water and Sewer Improvement District No. 3 of
the City of Mountain Home, Arkansas, for the purposes herein-
after set out; and

petition was signed by all the owners of the real property in said
territory; and
. WHEREAS, a proper petition was filed by property owners

r-e ques t Lng a zon i ng ; that said peti tion was submitted to the
Plannlng Commission of the City of Mountain Home, Arkansas;
that notice of said petition and a public hearing hereon was
by ordinance; that a public hearing was held; that all remonstrances
were heard, after which the Planning Commission recommended that
all property described hereinafter be annexed to the City of
Mountain Home, Arkansas, as Residential R-2.

Section 1: That the following described lands in territory

contiguous to and adjoining the City of Mountain Home, Arkansas,
and to Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, be and the same is hereby accepted and
annexed to the City of Mountain Home, Arkansas, and Water and
Sewer Improvement District No.3 of the City of Mountain Home,
Arkansas, and annexed to the City of Mountain Home, Arkansas, as
residential R-2, to-wit:
Ordinance No. 554 Page -2-
2.972 acres located in the NEt of the swt of Section 3,

Arkansas, bounded and described as follows: Begin
at the southeast corner of said NEt swt, and run thence
N. 89 deg. 41' 09" w. along the south boundary of
said NEt swt, 196.56 feet to a point in line with
existing fence; thence N. 06 deg. 28' 30" E.,
1324.96 feet, along said fence line, to the
northeast corner of said NEt swt; thence S. 02 deg.
02' 56" E., along the east boundary of said NEt swt
1318.43 feet, to the point of beginning.

water systems as may now exist may be built to serve the
property within th~ bounds of the above described territory
in such manner and with such materials as the Commissioners of
Water and Sewer Improvement District No.3 of the City of
Mountain Home, Arkansas, may deem to be the best interest of the
said District. The costs thereof may be assessed upon the real
properties hereinabove described as benefits thereto.

as the same now exist, to serve the property within the boundaries
hereinabove described. Therefore, an emergency is hereby declared
to exist, this ordinance being necessary for preservation of the
public health and safety, the same shall be in full force and
PASSED AND APPROVED this 16th day of April, 1979.
APPROVED:
~g~
ROald E. Pierce, Mayor
ATTEST:
QMU~
Pene 1op eR .~eiS,itYCl8rk
Annexation of property on Buzzard Roost North of Indian Creek

Subdivision
ORDINANCE NO. 555

WHEREAS, extreme winter weather has cuased severe damage

to the streets of the City of Mountain Home, Arkansas; and
WHEREAS, the streets must be repaired in order to protect

and safeguard the lives and property of the citizens of the
City; and
WHEREAS, the Street Department must have sufficient mater-

ials to affect such necessary repairs; and
WHEREAS, oil based products including asphalt is in short

supply and difficult to obtain,

Section 1. An emergency exists and the street Department

needs liquid asphalt immediately.
Section 2. The requirement of competitive bidding is hereby

suspended.
Section 3. The Mayor, through the City Engineer, his

authorized representative, is hereby authorized to purchase
liquid asphalt from National Oil and Supply Co., Inc.,
Springfield, Missouri. Sa&d purchase shall be approximately
as follows:
5000 gallons MC250 @$0.485/gal. = $2,425.00

5000 gallons MC30 @$0.495/gal = $2,475.00
TOTAL $4,900.00
Section 4. -An emergency is hereby dec Lar-e d vt.oexist and

its passage.
PASSED AND APPROVED THIS 7th DAY OF MAY, 1979.
APPROVED:
ATTEST:
ORDINANCE NO. 556
AN ORDINANCE REZONING PROPERTY IN THE CITY OF MOUNTAIN

HOME, ARKANSAS.
WHEREAS, Persons claiming to be a majority in value of the

owners of real property hereinafter described have filed a
Petition in writing, praying that said property be re-zoned
from Residential, R-1, to Commercial, C-3.
Petition was signed by persons owning the majoirty in value of
real property within said territory, and;
of Baxter County, Mountain Home, Arkansas, and after a hearing
before said commission on the 23rd day of April, 1979, an
affirmative recommendation was made for the property to be
rezoned from Residential, R-1, to Commercial, C-3;
NOW, THEREFORE, be it ordained by the City Council of the
There is hereby rezoned from Residential, R-1, to Commercial
C-3, the following described property located in Baxter County,
Arkansas, to-wit:
A part of the swt of NEt and a part of the SEt NWt

of §ection 9, Twp. 19 North, Range 13 West, bounded
and described as follows: Beginning at the inter-
section of the South side of Fourth Street and the
East side of College Street, as recorded in Surveyor's
Record Book liE", Page 73, said point being 2.5 feet
East of Utility Pole, run East along the South side
of Fourth Street and parallel to the 1/16 Section line
90 feet; thence South 130.25 feet, this point being
2.3 feet North of concrete curb; thence West 90 feet
to the East side of College Street, this point being
2 feet North of said concrete curb; thence North
along the East side of College Street 130.25 feet to
the point of beginning. o
•
This property being located on the corner of Fourth

and College Streets, across the street from
McClure Apartments.
ATTEST:
~~~tYClerk
Rezoning Langevin property-4th and College-R-1 to C-3

ORDINANCE NO. 557

LIMITS OF THE CITY OF MOUNTAIN HOME, ARKANSAS,
RELATIVE TO CHANGING AREA ZONED RESIDENTIAL R-1
TO COMMERCIAL C-3

HOME, ARKANSAS:
That a proper petition was filed by the property owners

IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
Arkansas, be, and it is hereby changed in zoning from Residential
A part of the NWt NWt of Section 4, Township 19, North,

Range 13 West, being more particularly descirbed as
follows: Beginning at a point 10 feet South of the
concrete marker at the SE corner of Lot 1, Block 1,
Northern Hills Subdivision, in the City of Mountain
and running West 150 feet, thence South 120 feet,
thence East 150 feet, thence North 120 feet to the
point of beginning, containing t acre, more or less.
ALSO, a part of the NWt of the NWt of Section 4,

Begin at the SE corner of Lot 1, Northern Hills Sub-
division and run S. 0° 44' 20" W. along State Highway
201 R/W, 140.25 feet to a point of beginning. From
the point of beginning continue S. 0° 44' 30" w.,
157.75 feet, thence N. 87° 04' 43" W. 171.33 feet,
thence N. 2° 22' 30ll E., 157.16 feet, thence S. 87°
16' 30" E., 166.58 feet to the point of beginning,
containing .61 acre.

Page -2-
Ord. No. 557

ENACTED this 7th day of May, 1979, and declared effective
from and after tis passage.
APPROVED:
ATTEST:
Rezoning Walsh and Hailey property/Hwy. 201 N./R-1 to C-3

PvG:-7'v?J.v1 :..d-
&Y~
~ f;:=ializin9 in Chunicai. dln.alyili
HOLMAN / PYL·E dtt(on.lto'tin9 a.n.J. Corn..dta.l:ion
5612 PATTERSON. UTTLE ROCK. ARKANSAS 722Q9 (5011 568-1354
A a·fEB I
I
Agreement!etween the City of MOlmta.iD.

Home,Arkansas
and the Holman/PyleCompany,Inc.
The Holman/PyleCompany
Inc., hereinafter called the Company,
agrees to perform all services outlined in the November20,
1978 proposal "Study to Determine Feasibility of Chemical
Treatment at the Mounta.iD.
HomeW-astewaterP'Lant;", hereinafter
called the Study. The companywill supply all technical personnel
and all laboratory equipmentnecessary to conduct the Study.
The companywill select or assist in the selection of any
necessary chemical feed equipment used in the field testing.
The City of Mounta.iD.

Home,Arkansas, hereinafter called the
City, will supply the necessary labor and chemical feed equip-
ment to carry out the field testing portion of the Study.
The City will compensatethe Companyfor performing the Study

as outlined below.
Step No. Description No. of Days Fees*

Consultation
I Optimization of FaciLity
Operation t . --- !
II A-F Preliminary Site Visit and

Reviewof Available Data 6.5 , $1,300 I
III A-C
IV A-C
Laboratory Study
Field Evaluation
6.5-12.5
7.0-11.0
$1,300-S2,¥O
$1, 4OO-S2 , i
*Special or emergencytrip~ to MGY:D.ta.iD.
Homewill be billed !
at an additional $200 per pll.1Sno::r:mal

expenses.
. ,
Page 2--------------------Agreement
The City will compensatethe COI.'Ipim.y

for all normal and usual
expenses (such as telephone, t~l at 15¢ per mile, meals, and
lodging) encountered lIhile performing the study.
Steps II and III will be conducted in March and April. Step IV

will begin in late Mayor .J une. ~ Study will commence
upon.
receipt of a Purchase Order from 'ti1:'1e City authorizing Step I
of the Study.
Invoices for portions of taskli ~~'t:~ to be presented on

or before the 10th of each mon't}lfqr prior months 'WOrk and
expenses. Invoices due uPon receipt.
Holman/PyleCo., Inc .
.JohnC. Pyle, President
Date 3/2171
) I
City of MountainHome
Date $'-8- 29' )
,
I
-£ pl!.clal.izin.9 in. C!.h.unical. dfn.al.y:.~
HOLMAN/PYLE CO. d1I(on.ito'tin.9 and C!.on.:.ultation
5612 PAlTERSON. UlTU! ROCK. ARKANSAS 72209 (5011 568-1354
STUDY
TODETERMINE
EEASlmUTYOF CH&aCALTREA1MENT
AT THEMOUNTAIN
HOME
WASTEWATER
PlANT.
Introduction:
On October 24, 1978 a representative of the Holman/Pyle Co. toured
the Mountain Homewastewater facility and visited with Mr. Arthur
Wilcox and Mr. Bob Hurst. During the course of the conversation
a need for considering chemical treatment as a possible solution
to existing problems was expressed. The H~lman/Pyle Co. was requested
to submit a proposal to study the feasibility of using chemical
treatment at the wastewater facility. The following is an outline
of the proposed study. This should be the most cost effective
method for dete-rmining the usefulness of chemical treatment.
Technical aspects of the project will be accomplished by graduate

chemists. Primary participants will be Joe T. HollDanand John C.
Pyle. A description of the Holman/Pyle Co. and its services are
given in Exhibit I. A partial client list is given in Exhibit II.
I. Optimization of Facility Operation
Before studying the feasibility of using chemical treatment ,

the eff ic iency of the current operat ion should be evaluated.
I
Data and conclusions generated by the proposed project will

be of little value if the facility is not functioning \
properly or if the day to day operations are being carried
~
out incorrectly. •
....
'.:
Mountain HomeStudy--------------------------------------page 2
Optimizing facility operation should take from one to three

weeks. Although the Holman/Fyle Co. could perform the
evaluation, it is recommendedthat a qualified plant operator
or consulting engineer be selected for the task. A qualified
operator would be the most economical selection.
A copy of the consultant's report and a description of

corrective actions should be sent to Holman/Pyle. The
facility must be functioning properly and any operational
problems corrected prior to the initiation of Step II.
II. Preliminary Site Visit and Review of Available Data.
After the facility has been functioning properly for one

month and the consultant I s report (see Step I) has been
thoroughly reviewed, Holman/Pyle will visit the facility
to review all available analytical data and perform a sus-
pended solids survey throughout the facility.
A. U sing available analytical, i.n,formation, flow and solids

data versus time wilt. be plQ'i:te<ifor the last two years.
B. A survey of the facility tQ J;Ueasureretention time of

the ~ste~ter in each pha$e of the treatment process
will be performed.
« • ,
C. A 24 hour solids survey "fIf.i.ll
be conduct~d.
1. The suspended solids content will be measured
through the plant. Samples will be ~taken every
hour from 4:00 P.M. -& 10:00 A.M. and every 30
minutes from 10:00 A.M. to 4:00 P.M.
.4._ ..
_. ._.._··_--·-=COII:Il1Ienaat:rons, technical data, usage leve-l-s-:~~i~ing,
etc. will be collected and studied Tho 1
. se po ymers and
enzymes lbich are suitable for investigation will be
obtained
..
In the
propose
a study enzymes will be used
to Lmprovesludge digestibility and improved d' .
Pl. rymg t tmes.
. 0 ymers will be used to lower suspended solids content
an the I¥Clstel¥Clter
effluent.
B. Preliminary screening will allow the

best selection of
a reduced number of pr9ducts. Screening process 'will
include the fOllowing:
1. Each polymer and·l \
enzyme Wl. 1 be screened individuall
2 S . y.
. creenmg will be pe~ormed at room temperature
Mountain HomeStudy-------------------------------------------page 4
Parameters measured will be flocculation rate,

flocculation density, and suspended solids content
before and after flocculation. Screening will
be conducted at three concentration levels.
4. Enzymeswill be evaluated using CODreduction
as a basis of comparison of digestion rates.
Drying characteristics will also be considered.
5. Based on the preliminary screening, a maximum
of six polymers and/or two enzymes will undergo
further evaluation. Criteria for selection will
include cost effectiveness, usage level, and
reaction times.
C. Primary testing will be performed on those products

exhibiting greatest overall promise. This stage of the
project will allow us to detennine the feasibility of
field testing and re~uce the number of products to
four or less.
Primary testing of polymers and enzymes will be essen-

tially the same as the sg~~:i,ng process with two
exceptions. The study will be carried out at three
temperatures (4(i) F. 72' F) and in some cases
at four or five l~vels.
1. Based on the laQp~t9!!Y' data, a relative cost;

effectiveness study will be performed.
2. Criteria for detemining mini.m.um
acceptable product
effectiveness will be based on data obtadned from
•
Steps I & II coupled with mini.m.um
acceptable
improvements in 1iPeprocess.
Mountain HomeStudy----~------------------------------------page 5
3. All date. will be evaluated and a report written.

The report will include tabulation of data,
description of methods and processes used, cost
effectiveness study, and product effectiveness
study. A recommendation on project continuation
will be submitted. If field testing is feasible,
a list of products to be studied (hopefully tw
polymers and/or one enzyme) will be presented.
IV Field Evaluation
A. Before field testing commencesthe follOwing will

be accomplished:
1. ApprOximateuse levels of the products under
consideration will be determined.
2. Quantity of each product necessary for field
testing will be deteDDined.
3. Products under consideration will be purchased.
4. Necessary equipment will be obtained.
B. When the products have arrived at the site, a Holman/

Pyle consultant will visit the plant and set up the
program.
1. All appropriate personne 1 will be thoroughly
briefed on the program's fonnat and objectives.
2. Chemical additi~ pOints will be selected ..
3. The chemical addition equipment will be set up.
\
4. Instruction on appropriate laboratory analyses

will be given. These analyses are simple to
4;
perform yet vi~l to the success of the pr~t.
Mountain Home's -.stewater laboratory contains
.,.the necessary equipment.
Mountain HomeStudy---------------------------------------page 6
5. Good recordkeeping is also vital. Holman/Pyle

will develop a simple and straightforward record-
keeping system and supply the necessary forms.
Appropriate Mountain Homepersonne 1 will be
instructed as to how and lilat records are to be
kept.
6. The consultant will supervise the first day or
two of regular operation in order to make adj ust-
mentsand correct operational irregularities.
7. Each product will be evaluated for three 'Weeks.
Data will be sent daily to the Holman/Pyle Co.
This will allow adjustments to be implemented
in a timely manner. Any problems that arise will
be communicated by telephone. The consultant will
make unscheduled visits wnen necessary.
8. A consultant will be on site to supervise the
change from one product to the next. He will - '(
examine the facility, and evaluate the operator I s

proficiency in implementing the program.
9. The polymers will be evaluated primarily on
suspended solids reduction. HO'Wever
other
parameters may become significant as the project
proceeds.
10. Enzymes will be evaluated on digestibility and
drying characteristics of sludge.
I
11. Each of the produces will be evaluated individ-
ually. A combination of polymer and enzyme will
be studied if warranted by the data.
,\
12. A report on the field testing results will be

submitted. The Zl!'P0rt will include conclusions
<It.
and recommendations as 'Well as raw data and method-
ology.
MountainHomeStudy-------------------------------------------page 7
C. Field evaluation should begin in early January or

June. If field testing showa product or products to
be useful, a chemical treatment programcan be estab-
lished. Howevera programeffective in the summer
monthsmaynot be optimumin the winter months.
Therefore the following plan is' recommended:
1. Establish a chemical treatment program.
2. Monitor programefficiency.
3. Adjustments in the programwill be used to
compensatefor gross temperature changes.
4. If adjustments are insufficient, additional field
testing maybe required. Basedon laboratory and
field data one additional product will be selected
for field evaluation.
5., I t is possible that chemical treatment will be
feasible in the summerbut not in the winter or
vice versa.
v. Cost of Project
Our standard. rate for consultation services is $200.00 per

day plus expenses. Preparation and transportation times
are charged. Howeverunproductive time caused by error or
oversight on the part of Holman/Pyleis not 'charged. No
minimum
.
charge is madeon any project totaling more than one
.
day. Transportation expens~s are charged at the rate of
$0 .15 per mile. Unit cost per analysis will !lQi be charged
on this project.
••
Step No. No. of days consultation Fees
I
II-A. 1.0 $200
-B 0.5 100
.; 4'
2.0 400
Mountain HomeStudy---------------------~------------------page 8
Step No. No. of days consultation Fees

-D 1.0 $200
-E& F 2.0 400
III-A 1.5 300

-B 2.0-5.0 400-1,000
-C 3.0-6.0 600-1,200
IV-A 0.5 100

-B 4.5-7.0 900-1,400
-C 2.0-3.5 400-700
* If labor is available by Mt. Home.
Special or emergencytrips to Mountain Homeare not included.
In the above estimate. Trav.~ ~t the rate of $0.15 per mile and
actual cost of meals and lodging will be itemized and charged
as expenses.
Thank you very much for your cQl:J.SjLde!ra,ti~;)Q.
Joe T. Holman
Consultant
, Enclosures-3
.....
, ,
ORDINANCE NO. 558

WHEREAS, it is necessary immediately to increase efficiency

of sewage treatment of the City of Mountain Home, Arkansas; and
WHEREAS, it ~s necessary the City determine the most advan-
tagious chemical agents and treatment; and
WHEREAS, the City has received a proposal from Holman/Pyle
Co., Little Rock, for a study and analysis of the plant,
treatment agents and present conditions,
Section 1. An emergency exists at the City's Sewer Treatment
Plant and optimum treatment of sewerage desirable.
hereby suspended.
Section 3. The Mayor is hereby authorized and directed to
execute a contract with Holman/Pyle Co., Little Rock, Arkansas,
in accordance with their March 2, 1979, proposal not to exceed
the sum of $6,300.00 as attached hereto, marked Exhibit "A"
and made a part hereof as if set out in full.
Section 4. An emergency is hereby declared to exist and this
passage.
APPROVED:

ATTEST:
ORDINANCE NO. 559
AN ORDINANCE SETTING FORTH RULES AND REGULATIONS TO

IMPROVE PUBLIC SAFETY BY PROMOTING THE CONTROL OF FIRE
HAZARDS, REGULATING THE INSTALLATION, USE AND
MAINTENANCE OF EQUIPMENT; REGULATING THE USE OF
STRUCTURES, PREMISES AND OPEN AREAS IN THE CITY OF
MOUNTAIN HOME, ARKANSAS; PROVIDING FOR THE ABATEMENT OF
FIRE HAZARDS; ESTABLISHING THE RESPONSIBILITIES AND
PROCEDURES FOR ENFORCEMENT; SETTING FORTH STANDARDS
FOR COMPLIANCE; PROVIDING PANALTIES FOR THE VIOLATION
THEREOF; COMMONLY TO BE CALLED THE "FIRE CODE"; .
REPEALING ORDINANCES NO. 156 AND 245 AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, Ordinances No. 156 and 245 regulate the construc-

tion, use of buildings and provides for the abatement of fire
hazards; and
WHEREAS, there is an immediate need for updating such

regulations in order to provide fire protection to the
inhabitants of the City;

HOME, ARKANSAS:
Section 1. Adoption of Fire Code

The Standard Fire Prevention Code, 1976 edition as amended
and revised 1977 and 1978, published by the Southern Building
Code Congress International, Inc., Birmingham, Alabama, is hereby
adopted, by reference thereto and incorporated herein, verbatum
word for word except additions and deletions thereto in Section 2
hereof as if set out in full by the City of Mountain Home,
Arkansas, and is hereafter called and known as the "Fire Code".
Section 2. Additions and Deletions.
Inserted in Chapter 3, page 17, between the lines "96
Restaurant Hoods and Vents, 1971" and "102 Tents and Grand-
stands used for Places of Assembly, 1967" is the following
NFPA Standard: "101 Life Safety Code, 1976".
Chapter 16~ Subsections 16.103 a; 16.103 b (1) through (4);
16.105 (a} and (b) are deleted;
Chapter 16, Subsection 16.104 and Cha~ter 20, Subsection
201 are deleted in their entirety.
Section 3. Complimentary Clause.
Provisions of the various Codes adopted by the City regul-
ating construction and occupancy of buildings and structures,
including but not limited to the Building Code, Fire Code,
Dwelling Code, Electrical Code and Plumbing Code, shall be
complimentary one to the other. In the event that a provision
of one conflicts with a provision of another, the more stringent
shall prevail.
Page Two
Ordinance No. 559
Section 4. Violations and Penalties.

Any person, firm, corporation or agent who violates any
provision of the Fire Code shall be guilty of a misdemeanor and
shall upon conviction pay a fine of not less than Fifty Dollars
($50.00) nor more than One Hundred Dollars ($100.00) for each
violation; each day a violation shall exist shall be deemed
a separate offense.
Section 5. Saving Clause.
Nothing in this Ordinance or in the Code herein adopted
shall be construed to effect any suit or proceeding now pending
in any Court, any rights acquired, or liability incurred, nor
cause or causes of action accrued or existing, under any Ordinance
repealed hereby, nor shall any right or remedy of any character
be lost, impaired, or affected by this Ordinance.
Section 6. Severability.
The invalidity of any section or provision of this Ordinance
or of the Code hereby adopted shall not invalidate any other
section or provision of this Ordinance or of the Code.
Section 7. Repealer.
Except as set out hereinbefore in S~ction 3. entitled
lTComplimentary Clause" all Ordinances or parts of Ordinances
in force at the time that this ordinance takes effect and
inconsistent herewith, are hereby repealed, and Ordinance No. 156
and Ordinance No. 245 are hereby repealed.
An emergency is declared to exist and this ordinance being
necessary for the preservation of public health, safety and
welfare shall be in full force and effect from and after its
BASSED AND APPROVED THIS 21st DAY OF MAY, 1979.
APPROVED:
~ij~7 @ ~ ~
~ E. Pierce, Mayor
ATTEST:
Qrd-(!~Q~~4z=
Penelope R~ Fei~, City Clerk
C
ORDINANCE NO. 560
AN ORDINANCE AUTHORIZING THE PAYMENT OF

$94,000 ON WATER AND SEWER IMPROVEMENT
DISTRICT #3 OF THE CITY OF MOUNTAIN HOME,
ARKANSAS, SERIES B BONDS.

That the Commissioners of the Water and Sewer Improve-

ment District No.3 of the City of Mountain Home, Arkansas,
should be and they are hereby authorized to reduce the issued
and outstanding Series B Bonds by the paYment of Ninety-four
Thousand Dollars ($94,000), said paYment to be made on
July 1, 1979, and said paYment to be made from the Water and
Sewer Improvement District #3 account.
Home, Arkansas, an emergency is hereby declared to exist and this
ENACTED the 29th day of June, 1979, and declared
APPROVED:
~ '
(~~d?~ .

ATTEST:
(Q/?U~b4R.~+:Z:'~~
~
/ '

ORDINANCE N~ 561

~~l AMENDING ORDINANCE NO. 296 AS
AMENDED BY ORDINANCE NO. 433, WITH
REFERENCE TO ZONING WITHIN THE CITY
LIMITS OF MOUNTAIN HOME, ARKANSAS,
RELATIVE TO CHANGING AREA ZONED R-2
to C-3
BE IT ORDAINED BY THE CITY COUNCIL OF THE

That a proper petition was filed by a
property owner requesting a change in zoning; that
said petition was submitted to the Planning Commission
of the City of Mountain Home, Arkansas; that notice
of said petition and a public hearing thereon was
published in a newspaper having local circulation
as required by Ordinance No. 296 as amended by
Ordinance No. 433; that a public hearing was held;
that all remonstrances were heard, after which the
Planning Commission recommended that all property
IT IS THEREFORE ORDAINED BY THE CITY
COUNCIL OF MOUNTAIN HOME, ARKANSAS:
That the following real estate in Baxter
County, Arkansas, be, and is hereby changed in
zoning from R-2 to C-3:
From the NE eorner of the SEt SEt of Section

5, Township 19 North, Range 13 West, run
South along forty line 112.00 feet to an
iron pipe on the South R/W of North Street,
thence West along South R/W of North Street
307 feet, thence S. 0 deg. 35' East 95 feet;
thence S. 75 deg. 35' East 97 feet to the point
of beginning. From the point of heginning.
From the point of beginning run S. 17 deg.
45' 38" East 3.77 feet, thence S. 74 deg. 29'
East 95.31 feet, thence S. 3 deg. 06t West
102.27 feet, thence N. 71 deg. 82' 30" West
43.94 feet, thence S. 16 deg. 43' West 101.00
feet to the North R/W of State Highway #5, thence
N. 12 deg. 17' East 170.00 feet to the point
of beginning, containing .36 acre, more or
less, also known and described as 401 Highway
5 North. (Tract B on attached survey.)
WHEREAS, this ordinance is necessary for

the preservation of the health and safety of the
citizens of Mountain Home, Arkansas, an emergency
is hereby declared to exist, and this ordinance
shall be in full force and effect from and after
Page -2-
Ord. No. 561
ENACTED this 19th day of July, 1979, and

declared effective from and after its passage.
APPROVED:
Mayor
ATTEST:
~enelope R. FeIst, City Clerk

ORDINANCE NO. 562
ORDINANCE NO. 562 AMENDING ORDINANCE

NO. 296 AS AMENDED BY ORDINANCE NO.
433, WITH REFERENCE TO ZONING WITHIN
THE CITY LIMITS OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, RELATIVE TO
CHANGING AREA ZONED RESIDENTIAL R-2
TO COMMERCIAL C-3
BE IT ORDAINED BY THE CITY COUNCIL OF THE


owners requesting a change in zoning; that said
petition was submitted to the Planning Commission
of the City of Mountain Home, Arkansas; that notice
of said petition and a public hearing thereon was
as required by Ordinance No. 296 as amended by Ordinance
No. 433; that a public hearing was held; that all
remonstrances were heard, after which the Planning
Commission recommended that all property described
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL
That the following described real estate in
Baxter County, Arkansas~ be, and it is hereby changed
in zoning from Residential R-2 to C-3.
A part of the SEt of the SEt of section
5, Township 19 North, Range 13 West,
Begin at the NE corner of the-SEt pf the SEt

of Section and run thence South along the
forty line 98.58 feet to the South right of
way line of North Street, run thence South
along the forty line 140 feet to the point
of beginning, run thence West perpendicular
with the forty 105 feet to a point, run
thence South 244.2 feet parallel with the
forty line fu the North right of way of
Highway 5, run thence Southeast along the
Highway right of way line to a point on the
forty line due South of the point of beginning,
run thence North along the forty line to the
point of beginning.
WHEREAS, this ordinance is necessary for the pre-

servation of the health and safety of the citizens
of Mountain Home, Arkansas, an emergency is hereby
declared to exist, and this ordinance shall be in
full force and effect from and after its passage
and publication.
Page -2-
Ord. No. 562
ENACTED this 19th day of July, 1979, and declared

APPROVED
~?Q
ATTEST:
Ci ty Clerk I I j v
ORDINANCE NO. 563

DEDICATIONS, IMPROVEMENTS,
STREETS, AND ALLEYS OF VILLAGE
GREEN WEST - Phase II
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN

HOME, ARKANSAS:
Section 1. That the public dedications,
improvements, streets and alleys of Village GreeR
West - Phase II, only that portion of Elizabeth
Lane adjoining Lots 1 through 6, as shown on the
Final Pla~, are hereby accepted and the Clerk and
Ex-Officio Recorder of the Circuit Court is hereby
Section 2. Whereas, this Ordinance is necessary

for the preservation of the health and safety of
the citizens of the City of Mountain HOme, Arkansas,
and an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect
APPROVED THIS 19th day of July, 1979.

ORDINANCE NO. 564

DEDICATIONS, IMPROVEMENTS, STREETS
AND ALLEYS OF FIRST ADDITION TO
MOUNTAIN MEADOWS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN

HOME, ARKANSAS:
Section 1. That the public dedications, im-

provements, streets and alleys of First Addition
to Mountain Meadows Subdivision are hereby accepted
and the Clerk and Ex.Officio Recorder of tre Circuit
Court is hereby authorized to record the final plat
thereof.
Section 2. WHEREAS, this Ordinance is necessary

for the preservation of the health and safety of the
citizens of the City of Mountain Home, Arkansas,
and an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect
APPROVED:THIS 19th day of July, 1979.
APPROVED:
ATTEST:
RepeAled Op-d.
ft~ORDINANCE REGULATING THE ERECTION, CONSTRUCTION,

ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR
STRUCTURES IN THE CITY OF MOUNTAIN HOME, ARKANSAS;
COMMONLY CALLED THE "BUILDING CODE; PROVIDING FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; DECLARING AND ESTABLISHING A FIRE DISTRICT;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT THEREWITH; DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.

Mountain Home, Arkansas, as follows:
SECTION 1. Adoption of Building Code

The Standard Building Code, 1976 Edition as amended
1977 and revised 1978, published by the Southern Building
Code Congress International, Inc., Birmingham, Alabama,
is hereby adopted by reference thereto and incorporated
herein, verba tum, word for word as if set out in full,
including all Appendices thereto unless hereinafter
specifically deleted, by the City of Mountain Home,
Arkansas and is hereafter known as the "Building Code".
SECTION 2. Establishment of Fire Districts

Appendix "G" of the Building Code is hereby deleted
and inserted therefor the following:
A. Fire District: All areas of the City of Mountain
Home, Arkansas, now or hereafter zoned, under Corporate
Zoning Ordinances as Commercial or as Industrial shall
hereafter be the Fire District. The Fire District
shall also include all bts and/or parcels of land situated
within any residential zone, within the City's Corporate
Limits as now or hereafter established, containing struc-
tures for public or semi-public occupancy, including but
not limited to apartment structures containing more than
four (4) dwelling units, hospitals, schools, churches,
nursing homes and the like.
B. One and Two Family Dwellings in the C-2 and C-3
Commercial Zones are exempt from the Fire District re-
quirements to the extent that they may be of Type VI wood
frame construction provided that the building set backs
comply with the requirements of the residen~ial zones and
provided the area of such residential structure, including
accesory structures, does not exceed 50% of the gross
lot area.
Page Two
Building Code
C. Commercial structures within the C-3,

Quiet Retail Service, Commercial Zone are exempt
from the Fire District requirements to the extent
that they may be of Type VI wood frame construction
with asphalt shingle roof provided, however, all
of the following conditions be met:
(1) Maximum area of structure: 3000 square
feet
(2) Set backs: 20 feet minimum from side
and back property lines and 55 feet
from center line of right-of-way of
all adjacent streets
(3) Maximum of one floor plus basement
(4) No accessory buildings
(5) Maximum lot coverage: 50%
D. An existing residence of Type VI construc-
tion within the Fire District or which, due to
future rezoning, becomes under the requinments
of the Fare District may be converted to an office
building provided the structural integrity of the
building is not altered, the building se~'backs
comply with the requirements of the residential
zone, the maximum occupancy shall not exceed twenty
(20) persons and provided the structure is inspected
for compliance with the other aspects of the Codes
governing building construction and a Certificate
of Occupancy is issued.
SECTION 3. Fees
A. The fees provided for in Appendix "K" of
the Building Code shall be reduced by one-half
of the amount stated therein.
B. The fee for an appeal as set out in
Subsection 112.1 (a) shall be increased to $20.00
and shall be paid to the City Clerk for deposit
in the General Fund.
SECTION 4. Complimentary Clause

The provisions of the various Codes adopted by
the City regulating construction and occupancy
of buildings and structures including, but not
limited to, the Building Code, Fire Code, Dwelling
Code, Electrical Code, Plumbing Code, shall be
complimentary one to the other. In the event that
a provision of one conflicts with a provision
of ~no~her, the mo~e stringent shall prevail.
Page Three
Building Code
SECTION 5. Violations and Penalties

Any person, firm or corporation which fails to
obtain a permit as required by the Building Code prior
to commencement of construction shall be penalized
as set out in Article 107.2 entitled "Failure to
Obtain a Permit" and for other violations of the Building
Code shall be guilty of a misdemeanor as set out in
Section 114 entitled "Violations and Penaltiesll and
shall upon conviction pay a fine of not less than
Fifty Dollars ($50.00) nor more than One Hundred
Dollars ($100.00) for each violation; each day a violation
shall exist shall be deemed a s epa ra teoffense.
SECTION 6. Saving Clause

Nothing in this Ordinance or in the Code herein
adopted shall be construed to effect any suit or pro-
ceeding now pending in any Court, any rights acquired,
or liability incurred, nor cause or causes of action
accrued or existing, under any Act or Ordinance
repealed hereby. Nor shall any right or remedy of
any character be lost, impaired, or affected by this
Ordinance.
SECTION 7. Severability
The invalidity of any section or provlslon of this
Ordinance or of the Code hereby adopted sha Ll. not in-
validate any other sections or provisions of this
Ordinance or of the said Code.
SECTION 8. Repealer
Except as set out hereinbefore in Section 4 entitled
"Complimentary Clause" all Ordinances or parts of
Ordinances in force at the time that this Ordinance
takes effect and inconsistent therewith, are hereby
repealed, and Ordinances 224, 236, 243 and 501 are
hereby repealed.
SECTION 9. Emergency Clause

An emergency is declared to exist and this Ordinance
begin necessary for the preservation of public health,
safety and welfare shall be in full force and effect
PASSED AND APPROVED THIS 19th day of July, 1979.
APPROVED:
Ri1a:iCtE. Pierce, Mayor
ATTEST:
ORDINANCE NO. 566
AN ORDINANCE REGULATING THE CONSTRUCTION,

INSTALLATION, CONNECTION, REPAIR, AND
MAINTENANCE OF WATER, SANITARY SEWER,
SEWER, GAS FACILITIES AND UTILITIES IN
THE CITY OF MOUNTAIN HOME; ADOPTING THE
ARKANSAS STATE PLUMBING CODE; PROVIDING FOR
ISSUANCE OF PERMITS AND LICENSES; COLLECTING
OF FEES THEREFOR; PROVIDING FOR INSPECTION;
ESTABLISHING A PLUMBING BOARD, TERMS
OF OFFICE, DUTIES; PROVIDING PENALTIES
FOR VIOLATION; REPEALING ORDINANCES NO.
119, 190, 209, 212, 226, 426, 429 and 503;
DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF

Section 1. Adoption of Plumbing Code.

The Arkansas State Plumbing Code, Fifth Edition
1971, published by the State of Arkansas, is hereby
adopted by reference thereto and incorporated herein,
verbatum, word for w~rd as if set out in full,
including a~endments and appendices thereto and
including Chapter 15, entitled "Arkansas State
Gas Code", 1975 Edition and amendments thereto, as
amended or deleted hereinafter, and is hereafter
known as the "Plumbing Codell.
Section 2. Additions and Deletions.

A. Definitions. The following terms as used
in the Plumbing Code and this ordinance shall have
the following meaning.
1. Master Plumber: Any person licensed
as Master Plumber by the Arkansas State Committee
of Plumbing Examiners.
2. Journeyman Plumber: Any person licensed
as Journeyman Plumber by the Arkansas State Committee
of Plumbing Examiners.
3. Plumber: For the purpose of this
Ordinance "Plumber" shall be defined as any person,
firm or corporation engaged in the business of
constructing, installing, altering and cleaning of
plumbing systems as defined herein. A plumber
shall be a Master Plumber, or, in the case of a
firm or corporation, the owner and/or principal of
such firm or corporation shall be a Master Plumber
and all supervisors or foremen shall be Journeyman
Plumbers or Master Plumbers. Foremen, working
under the supervision of a Master Plumber, may be
Journeyman Plumbers.
Page Two
Plumbing Code
4. Sewer Service: Any drain or waste pipe

carrying domestic sewage from a building or structure to
the sewerage main or other disposal terminal.
5. Plumbing Code: The Arkansas State Plumbing
Code, 1971 Edition including all amendments and appendices
thereto and including Chapter 15, entitled "Arkansas
State Gas Codell, 1975 Edition and Amendments thereto.
6. City: The City of Mountain Home, Arkansas.
7. The words "approved plastic pipe" as used
in Section 10.1.5 of the Plumbing Code shall mean
polyethylene PE 3406 Ultra-high molecular pipe complying
with ASTM D-2737 or equal.
B. Section 11.2.1 is hereby deleted in its entirity
and inserted therefor the following:
"The building sewer shall be cast iron
(service weight), schedule 40 PVC plastic
or equal in nominal 20-foot lengths per
joint. Joints shall be water tight and
root-proof."
C. Added after Section 11.8.4, Chapter 11,
DRAINAGE SYSTEM, shall be the following:
11.9 Bedding. When rock is encountered in the
bottom of the sewer trench, all sewer pipe shall be
c
bedded on a minimum of 4-inches of compacted, crushed

limestone dust or crushed limestone size #12. In the
case of plastic pipe, bedding as set out hereinbefore
shall be placed in all installations regardless of
soil conditions. Bedding material shall be p~aced and
compacted on both sides of plastic sewer pipe and to a
minimum depth of 6-inches abov¢ the top of pipe.
11.10 Backfill. Except as set out above under
IIBedding" and except within street rights-of-way, backfill
may be clean earth provided such earth is devoid of rocks,
brick or broken concrete greater than 4-inches in any
dimension.
11.11 Building Sewer. Each residential unit
and each commercial establishment shall be provided with
a building sewer to a point at least ten (10) feet
outside of the structure. rhe building sewer shall
have a minimum inside diameter of 4-inches. At the
10-foot point, the building sewer may be connected to a
common sewer service to transmit sewage to the City's
collector sewer. The common sewer service shall have a
minimum inside diameter of 6-inches.
Page Three
Plumbing Code
11.12 Backwater Valve. Drainage piping

serving fixtures within buildings, whethvr presently
constructed or hereafter to be built, the floors of
which are not more than two (2) feet above the
level of the top of the manhole immediately upstream
of the service line connecting the building to the
main shall be· protected by approved backwater valve.
D. Inserted after Section 14.1.2, Chapter 14,
INSPECTION, TESTS AND MAINTENANCE, shall be the
following:
14.1.3 Local Inspection Required.
(a) There is hereby created the office of
Plumbing Inspector who shall be appointed by the
Mayor and his appointment approved by majority vote
of the City Council
(b) The Plumbing Inspector shall have experience
in the business of plumbing to the extent it enables
him to know when plumbing is installed in accordance
with the provisions of the Code. He shall not be
connected in any way with any person, firm or
corporation directly or indirectly engaged in the
business of plumbing, or plumbing supplies.
(c) It shall be the duty of the Plumbing In-
spector to enforce all provisions of this Ordinance
and the Plumbing Inspector is hereby granted the
authority to enter all buildings in the City of
Mountain Home, Arkansas, in the performance of
his duties between the hours of 8:00 a.m. and
5:00 p.m. daily. The Plumbing Inspector shall issue
permits fo rplumbing work as herein provided and
shall prepare suitablefo:tms for applications, per-
mits and other reports.
(d) It shall be the duty of the Plumbing
Inspector to inspect all plumbing work and to ob-
serve all tests of plumbing systems for compliance
with the Code.
14.1.4 Plumbing Board.
Ca) There is hereby created a Plumbing Board
which shall consist of three (3) members. One
member of said Board shall bea health officer and
the other two members shall be an ex-officio member
of said Board, who shall have no voting right,
except as provided in Subsection Cd) hereinafter.
Page Four
Plumbing Code
(b) The members 'of the Board shall be appointed

by the Mayor and their appointment shall be approved by
a majority vote of the duly elected and qualified members
of the City Council and shall hold office for a term of
three (3) years, provided, however, the term of office
of Board members, first appointed and confirmed after the
passage of this ordinance shall serve for terms of one
(1), two (2) and three (3) years each, to be designated
by the Mayor and City Council, and thereaXter, upon the
expiration of their respective terms, the Board members
appointed by the Mayor and approved by the City Council
shall each be appointed to a term of three (3) years.
(c) In the event of a vacancy on the Board, it
shall be filled by appointment by the Mayor, subject
to the approval by majority vote of the duly elected and
qualified City Council.
(d) Two members of the Board .shall constitute a
quorum. In the case of a tie vote, with two members
voting, the ex-officio member may cast a tie breaking
vote.
(e) The duties of the Board shall be as follows:
1. Rule on Code interpretations in case of
dispute between a plumbing inspector and a plumber
regarding acceptable construction, materials or workman-
ship.
2. Review Codes and/or regulations and advise
the Building Official and the City Council as to needed
revisions.
(f) The Board shall meet once a month at a time and
place to be determined by the Board. Such time and place
shall be consistant throughout a calendar year.
14.1.5 License and Bond Required.
(a) Any Plumber, desiring to do business within the
City shall obtain a license annually from the Clerk of
the City. Prior to the issuance of said license and
as a prerequisite to obtaining such license, the appli-
cant shall file, with the Clerk of the City, proof of
valid licensing by the State of Arkansas Committee of
Plumbing Examiners, said license issued by the Committee
to be valid for the full term of the required City
license and shall file, with the Clerk of the City, a
bond as hereinafter set forth.
Page Five
Plumbing Code
(b) Every plumber doing business in the City

of Mountain Home shall execute and deliver to the
Clerk of the City a corporate surety bond in the
sum of $1,000.00 to indemnify the City or any
citizen for any damage caused by the failure of
such Plumber to comply strictly' with the provisions
of the Code-and this Ordinance. Said bond shall be
in full force and effect for the. full term of the
City license required.
(c} It shall be the duty o:f the Clerk 6f the
bity~to notify and inform the Plumbing Inspector
and the Plumbing Board, in writing, of all plumbing
licenses issued within two (2) working days after
issuance of license.
Cd) Each applicant for a permit shall be fur-
nished a copy of this ordinance by the City Clerk.
14.1.6 Appliances which require permanent
connection to the potable water system, the sewerage
system or to gas piping shall be installed by a
master plumber except that a property owner may
install such appliance in a single family residence
provided the building is owned and occupied by such
owner as his home and provided he-applies: for and
is issued a permit to do such work.
14.1.7 Applications,· Permits
(a) Before beginning any plumbing work in the
City, the person installing same shall apply to the
Plumbing Inspector, or other de's Lgna ted officR:al,
and obtain a permit to do such work. Only those
persons licensed and authorized to do plumbing
may be issued permits provided however, a permit
may be issued to a property owner to install plumbing
in a single family residence provided the property
owner does' the work himself and the building is
owned and occupied by such owner as his home. Con-
nections to the City's water system shall be made
by the City1sWater!Sewer Department and final
connections to the City1s sewer system shall be made
by a licensed plumber.
(b) Application for plumbing permits shall be
made on forms provided by the Plumbing Inspector.
The application shall be accompanied by fees in
accordance with the following schedule:
Page Six
Plumbing Ordinance
Plumbing Inspection ........•.....•.••...••... $15.00

Each plumbing fixture and waste
discharging device ..............•....... 1.00
Each new or reconstructed sewer connection ••• 20.00
In no case shall the fee be less than $20.00.

(c) Prior to commencement of the installation of
any Gas Piping in the City, the person installing same
shall apply to the Plumbing Inspector or other designated
official; and obtain a permit to do such work. Only
those persons licensed and authorized, in accordance
with Chapter 15 of the Plumbing Code, shall install
Gas Piping or be issued permits therefor.
(d) Application for gas permits shall be made on
forms provided by the Plumbing Inspector. The applica-
tion shall be accompanied by a fee in the amount of $10.00.
(e) In the event that installation of plumbing
or gas piping should fail inspection and testing, a
reinspection fee of $20.00 shall be paid prior to re-
inspection.
(f) The permit and fee schedules set out herein-
before shall be in addition to any other permits and
fees including, but not limited to, Building Permits,
Street Cut Permits, Water Meter Installation and the
like.
Section 3. Final Service Connections
Final service connections to the City's water
system shall include the water meter and shall be in-
stalled by the City's Water/Sewer Department. Final
service connections to the City's sewer system shall
be made by a licensed plumber. Final service
connections to the gas main shall be made by the Arkansas
Western Gas Company or its successor.
the City regulating construction and occupancy of building
and structures including, but not limited to, the
Building Code, Fire Code, Dwelling Code, Electrical
Code, Plumbing Code and the like shall be complimentary
one to the other. In the evant that a provision of oned
conflicts with a provision of another, the more stringent
shall prevail.
Page Seven
Plumbing Ordinance
Section 5. Violations and Penalties.

Any person, firm, corporation or agent who
violates any provision of this ordinance shall,
upon conviction, be guilty of a misdemeanor and
shall be subject to a fine of not less than Fifty
Dollars ($50.00) nor more than One Hundred Dollars
($100.00) for each violation and each day such
violation shall exist shall be deemed a separate
offense.
adopted shall be construed to effect any suit or
proceeding now pending in any Court, any rights
acquired, or liability incurred, nor cause or
causes of action accrued or existing, under any
Act or Ordinance repeal€d hereby. Nor shall any
right or remedy of any character be lost, impaired,
or affected by this Ordinance.
The provisions of this ordinance are severable.
The invalidity of any section or provision of this
Ordinance or of the Code hereby adopted, shall not
invalidate any other section s or provisions of this
Ordinance or of said Code.
Except as set out hereinbefore in Section 3
entitled "Complimentary Clause" all Ordinances or
parts of Ordinances in force at the time that this
Ordinance takes effect and inconsistent therewith,
and specifically Ordinances No. 119, 190, 197,
209, 212, 226, 426, 429 and 503 are hereby repealed.
An emergency is declared to exist and this
Ordinance being necessary for trepreservation of
public health, safety and welfare shall be in full
force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 19TH DAY OF JULY, 1979.
APPROVED:
~Gl~ R(;l(f E:Ierce, Mayor

ATTEST:
ORDINANCE NO.. 567
ORDINANCE TO PROTECT THE STREETS OF THE CITY

Y REQUIRING A PERMIT TO EXCAVATE WITHIN THE
R GHTS-OF-. WAY OF CITY STREETS; ·PROVIDIN.G FOR A
FE , INSPECTION AND PENALTY FOR VIOLATION; RE
~PE~ ING ORDINANCES AND PARTS OF ORDINANCES IN CON-
FLI T HEREWITH; DECLARING AN EMERGENCY AND F
OTHE PURPOSES.
WHEREA , private and public utilities, co tractors

and others h ve done extensive damage to Cit~ streets
when making street cuts and not properly pr aring for
a new street s rface, and
WHEREAS, t e cost of street repair the City is
cnntinually inc
NOW, THEREF E, BE IT ORDAINED BY HE CITY COUNCIL
OF THE CITY OF MO TAIN HOME, ARKANSA
SECTION 1. D
A. Person: individualfom or corporation
and includes public tility compa ies and departments
of the City of Mounta~ Home and State of Arkansas.
B. Cut: Any bre king of he street or ground
surface and the removal of ma erial from said break.
C. Tunnel: of excavating material from
beneath the surface without breaking the surface of the
above the excavation.
D. City: ountain Home, Arkansas.
SECTION 2. and Tunneling Prohibited
No person shall_zut or t el within the right-of-
way of any street, ~ley or pub ic highway within the
corporate limits of Mountain Hom, Arkansas, for any
purpose whatsoeve without first taining a permit
therefor from th Building Inspecto of the Gity.
SECTION 3. Bond Re uired
Any pers n desiring a permit as ti reinbefore set
out shall fi st execute and deliver to e Clerk of the
City a cor~ rate surety bond in the sum 0 $500.00 to
indemnify the City or any citizen for any amage caused
by the f ilure of such person to comply stri tly with
the pr isions of this ordinance. Said bond all be
in fu 1 force and effect for the full time that ork is
in ~rogress. Persons duly licensed and bonded to ,he
CiJfy shall not be deemed to be bonded for the work
p!anned.
Page Two
Street Cut Ordinance
SECTION 4. Fee
The fee for the permit for each cut or
made by a person other than a Department f the
City, hall be Twenty-Five Dollars ($25 00) payable
at the of acquiring said permit a d shall be
in additi n to any connection fees or any other
fees applic ble to the project for w ich the cut
is required.
SECTION 5. afet
All work perf~rmed pursuant to said permit shall
meet all safety st~dards and th person undertaking
such work shall prot~t the saf ty of the traveling
public by erection of ~arricad s, signs and lights.
SECTION 6. Pavemen
Whenever a the bounds of
the actual pavement, the first be
cut with an approvedcutti g device to provide
straight squared edges. ave ent shall be removed
in such manner to provid one \~ot of undisturbed
earth between the edge 0 the c t pavement and the
edge of the excavation.
SECTION 7. Remov 1 of Materi 1
Whenever a cut is made within t e bounds of the
actual pavement or i the adjacent
within two feet (2' of the normal ed of pavement,
all excavated mate ial shall be removed from the job
site prior to co encing backfilling ope ations.
No backfill shal be placed in any cut pr or to
inspection by t e City's Building Inspecto •
The Buil ing'Inspector shall, upon notic ,

inspect such cut or tunnel to determine whethe\
the provisi ns of this ordinance are being obse\ved.
SECTI, N 9. Backfill and Pavement Restorati\n
A. ipon approval of the:excavationby the
BUilding/Inspector, the excavation shall be back-
filled lith wet sand, crushed stone dust, crushed
stone tize #12, crushed limestone base SB-2 or
equal/to an elevation twelve (121T) inches below
\
the .pavement or ground surface. The remainder of
the excavation shall be backfilled with crushed
stone base SB-2 complying with Section 306.02
of the Arkansas State Highway Commission Standard
Specifications 1978 Edition except that the top
twelve-inches may be an approved earth material
when the excavation is not under the pavement
proper. The backfill shall be compacted to 90%
of maximum density as determined by the Standard
Proctor Test. In no case shall pea gravel, a bank
Pag-e Three
run gravel or the like be used to baC~f~l any excavation

withi~ \the right-of-way of any street
Within thirty (30) calendar days after completion
of ini ial backfill set out above, e pavement backfill
shall b cut and shaped at a depth f two (2) inches below
finished pavement elevation and t resulting cut shall
be filled with HAC surface materi 1 complying with
Section 40 of the Arkansas Stat Highway Commission
Standard S ecifications 1978 Ed tion. Said surface
material sh 11 be compacted to a finished thickness
of two (2) ihches and shall p ovide a smooth pavement
surface.
C.
\
In th\: case el, all voids between the
conduit or line~ and the tu nel wall shall be pressure
grouted with coJcrete havi g a 28-day compressive strength
of 2000 psi. \
SECTION 10.
In the event emergency including, but not
limited to a leak ine, the person shall contact
the Building Inspector and pay the permit fee as soon as
practical and follow e provisions of the Ordinance as
set out hereinabove a soon as practical after such
cut. any backfill be put into a
cut until all excav has been taken from the
site.
SECTION 11. Cuts
If said cut the City's Water and Sewer
Department for a , a Seventy-Five Dollar ($75.00)
fee shall be co lected from the property owner by said
Department in ddition to an other tie-on fee and said
fee shall be p id to the uilding Inspector. Fifty
Dollars ($50. 0) of said sti 11 be allocated to the
City Street epartment. ~
SECTION 12. Violation and P nalty
Any pe son convicted of failu e to obtain a permit
or pay the fees provided for in Sec ions 2, 3 and 10
hereof or to comply with any sections hereof shall be
fined not more than One Hundred and
each day such failure occurs or con-
tinues hall constitute a separate
S CTION 13. Inconsistency
11 ordinances or parts of ordinances i onsistant
Page Four
Emergenc .
permits s ould be immediately
available to qu ified persons and public utility
companies and an e ergency is de ared to exist
and this ordinance b~ng necess ry for the per-
servation of public he~th, s fety and welfare shall
be in full force and effe from and after its
PASSED AND APPRO THIS 9th DAY OF JULY, 1979.
APPROVED:
Mayor
ATTEST:
~d~~~_
peneloJk • F~CitYCIerk
/
/
/
/
ORDINANCE NO. 568
AN ORDINANCE PROHIBITING THE STORAGE, MANUFACTURE,

TRANSPORTATION, SALE AND USE OF CERTAIN EXPLOSIVES;
REGULATING THE USE OF NON-NITROGLYCERIN EXPLOSIVES
AND PRODUCTS; PROVIDING FOR APPLICATION, PERMIT
AND SAFETY PRECAUTIONS; PENALTY FOR VIOLATION;
WHEREAS, Ordinances No. 160 and 505 prohibit the

sale and use of fireworks, dynamite and other explosives
wiihout permit; and,
WHEREAS, stringent controls are necessary for the
health and safety of the public in the use of explosives
and explosive devices:
Section 1. Definitions.
The following definitions shall apply in this
ordinance:
A. "Person" means an individual, firm, partnership,
corporation or entity other than a public Utility as
described in Subparagraph lC.
B. "Audible sound device" means a device which
produces an audible sound of no less than 70 decibels
at a distance of five hundred (500) feet from the site
of the explosion and shall not be or include a truck or
vehicle horn or siren.
C. "Public Utility" means an individual, firm,
partnership or corporation which furnishes a public
utility type service to the inhabitants of the City or
immediate area adjacent thereto pursuant to a franchise,
consent or contract with the City, but shall not include
emp±oyees of a parent or subsidiary corporation, firm
or «enterprise performing work for a public utility
company.
D. "Approved blasting operations" means blasting
pursuant to a permit issued any person or public utility
pursuant to the provisions of this ordinance.
E. "City" means the City of Mountain Home, Arkansas,
and its corporate limits as now existing or hereinafter
established.
Section 2. Storage, Transportation and Use Prohibited.
The storage, transportation or use of nitroglycerin
based explosives or blasting agents is hereby prohibited
within the City.
Page Two
Blasting Ordinance
Section 3. Manufacture, Sale, Storage and

Use Prohibited.
A. The-manufacture,- sale, storage- and use of
explosives and blasting agents is prohibited within
the City except for temporary storage, transpor-
tation and use in connection with approved blasting
operations by
0.'"
Pt!t.Q.~lillli
a'Public Utility, and the storage
and sale of wholesale and retail stocks of small
firearms ammunition, explosive bolts, explosive
rivets or cartridges for explosive-actuated power
tools in quantities involving less than five
hundred (500) pounds of.explosi ve material.
B. "-Temporary Storage"means that amount of
high explosives which will be used in the current
day's operations and permissible high explosives
shall not be left at any site or project during the
non-working hours.
Section 4. Permissible High Explosives.
Only non-nitroglycerin products as hereinafter
authorized including but not limited to, water
gels and slurries, may be used within the City.
Section 5. Permit, APplication and Approval.
A. Every person or public utility who shall
hereinafter contemplate blasting any rock or other
substance within the City , shall before blasting~ d l
"""'toR A",e~ e.d
file application for permit-with the~ '£&K..~."'GS
B. Except as :otherwise provided herein, no
person or public-utility shall commence blasting
i.
until he receives a permit. Any number of locations
may be set out. in.any one (1) applicati on or permit. .Ai- I_J
. .. '"Police '))eGIllQ·h"l\e&.l\~e~
C. Every person shall notify the & oRtl."3
for each location that blasting is to be done prior
to detonation of explosives pursuant to a permit
issued suchperson~
D. Every public Utility that shall contemplate
blasting operations of any type within the City during
any year may apply anytime during that year for a
blanket permit for a period not to exceed one (1)
year from the date of issuance. This blanket
permit-wi1:1 autho-rize and allow the Public Utility
to all rights and privileges extended to those
persons holding permits except that it_will authorize
any and all necessary blasting by the Public Utility
without the necessity of offering permits for each
individual blasting operation. After -receipt of
the blanket permit, the Public-Utility may proceed
Page Three
Blasting Ordinance
with the necessary blasting as it deems proper with the

only requirement being that the Public Utility notify
:f1 ~ 0
the ~ illf@I--9:' of each location of blasting operations
) prior to detonation.
E. In an emergency situation a Public Utility shall
not be required to obtain any Permit, or permission of
any type to undertake blasting operations. An emergency
situation arises when a si t.ua t Lon calls for immediate
remedial action to protect the Public Utility's customers,
the public's property or lives, or to minimize damage
to or loss of utility property. When acting in an
situation, a Public Utility shall notify the
"IIII"~ of its actions as soon as reasonably possible
after the emergency ends.
Section 6. Safety Precautions.
A. Every person using explosives as permitted
herein shall sound a audible sound deVice, three separate
ten (10) second sounds made approximately thirty (30)
seconds prior to detonation of explosives and one sixty
(60) second sound after the detonation of explosives
or when the blast area is safe.
B. Every personandjorPublic Utility using explosives
shall cover the entire blast area of loaded hDles in the
blast pattern with mats, timbers, or uncompacted earth
sufficient width, length and thickness, or other
suf~icient safety precautions as to prevent fragments
of rock, earth and debris from ascending into the air.
C. In the event any ~ublic Utility should obtain
or devise an alternative method to ensure fragments of
rock, earth,and debris to not ascend into the air from
a blasting-operation, the alternative method will be
OR
acceptable provided the 2 f is informed of the
alternative method and approves same prior to its use.
Section 7. Failure to Comply Deemed Unlawful.
It shall be unlawful for any person or Public Utility
to do or cause to be done any blasting of any rock or
other substance within the City without first having
complied with the provisions of this ordinance and having
received a permit as herein .spec Lt Led , The sole exception
to this section is emergency blasting operations of a
Public Utility as provided in Section 5E.
Section 8. Time Limit.
All permits issued under the terms of this ordinance
shall, unless revoked, expire at the date 'p rov Lded therein
and in no case shall a permit be issued for a period greater
than three hundred s~xty-five (365) -calendar days from
the date of issuance. SAme.sh. be l"e~e'IIJ A~~OA.ny
os:t. me~deJ by\
~3 "-/
Page Four
Blasting Ordinance
Section 9. Revocation of Permit.

Any permit granted under the provisions of
this ordinanceotherthan'a blanket permit to a
Public utility may be revoked if, in the opinion
M "lOR
of the , the person conducting
blasting operations is doing so in an unsafe manner,
or in violation of any of the provisions contained
MA .0"-
herein. Should the ";I & determine that
a Person or Public Utility is conducting an approved
blasting operation in an unsafe mariner, the City
Engineer may direct the Person or Public Utility
to discontinue that individual blasting operation
and suspend the permit at that one particular
location until such time as a conference can be
mill> .o~
arranged bet~eeb the and represen-
tatives of 8uchperson Utility to resolve
the complaints of the as to the
blasting operations. Blasting or setting off of
explosives a.fter the suspension of such operations
, - ,
at a particular location or after a r&vocation of

permit shall constitute a violation of this
ordinance.
Section 10. Penalty for Violation.
Any person or public utility who shall violate
any of the provisions of this ordinance shall,
upon conviction, be fined the sum of not less than
Fifty Dollars ($50.00) nor more than Two Hundred
Fifty Dollars ($250.00) and each separate blast
discharged or caused to be discharged by such person
without complying with the provisions hereof shall
be deemed a separate offense.
The provisions of this ordinance are hereby
declared to be severable. If any provision should
be held to be invalid, unconstitutional, or in-
applicable to any person or circumstance, such
holding shall not affect the validity or applicability
of the remainder of the provisions hereof.
The provisions of Ordinances No. 160 and 505
are repealed.
APPRO,VED,
: ~
~l:r~yor~'
ORDINANCE NO. 569
AN ORDINANCE REGULATING THE FABRICATION, ERECTION,

CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
LOCATION AND USE OF DETACHED ONE AND TWO FAMILY
DWELLINGS, THEIR APPURTENANCES AND ACCESORY
STRUCTURES IN THE JURISDICTION OF MOUNTAIN HOME,
ARKANSAS; AND PROVIDING FOR THE ISSUANCE OF
PERMITS THEREFOR; PROVIDING PENALTIES FOR THE
VIOLATIONS THEREOF, AND REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES-IN CONFLICT THEREWITH.
BE IT ORDAINED by the City Council of the jurisdiction

of Mountain Home, Arkansas, as follows:
SECTION 1. Adoption of Dwelling Code

The "One and Two Family Dwelling Code" Second
Edition 1975 promulgated under Nationally Recognized
Model Codes, inter alIa, "The Southern Standard Building
Code", Southern Building C9~e Congress International,
Birmingham, Alabama, is hereby adopted by reference
thereto and incorporated herein, verba tum, word for
word, as if set out in full, including all appendices
thereto unless hereinafter specifically amended or
deleted, by the City of Mountain Home, Arkansas, and
is hereafter known as the "Dwelling Code".
SECTION 2. Amendments and Deletions
The Dwelling Code is hereby amended as follows:
A. Sec. R-I09 (Page 4): Delete the last sentence
"Permit fees •••local jurisdiction". and insert the
following: Building permits will not be required for
alterations when the exterior walls are not changed
and when the roof line is not extended. Permit fees
shall be one-half of the fees as set out in Appendix
"K" of the Building Code. In the event that construction
commences prior to obtaining the required permit, the
permit fee shall be doubled.
B. Sec. R-202 (Page 11) Table 2-A: Insert
the following "Climatic and Geographic Design Criteria":
Roof Live Load: 40 Pounds per Sq. Foot
Roof Snow Load: 15 Pounds per Sq. Foot
Wind Velocity: 30 Pounds per Sq. Foot
Seismic Condition: Zone 1 - Minor Damage
Damage from Weathering: No
Damage from Frost Line Depth:Yes - 18 inch minimum
depth of footing
Damage from Termite: Heavy
Damage from Decay: Moderate
Page Two
Dwelling Code
C. Figure No. A-3 (Page 22): Amend table as

follows:
1. Shew minimum depth from exterior
finished grade to bottom of footing
to be 18-inches.
2. Show minimum width of footing to be
24-inches except that footings for one
story frame dwellings with wood or
metal siding may be 18-inches.
3. Show minimum thickness of footings
to be 12-inches except that footings
for one story frame dwellings with
wood or metal siding may be 8-inches.
4. Show two No.4 longitudinal reinforcing
bars in all footings.
D. Sec. R-303 (Page 21): Add the following:
The footing shall be placed on firm un-
disturbed soil. Where rock is encountered,
the rock shall be removed to a depth of
6-inches below bottom of footing and the
resulting rock excavation backfilled with
compacted select fill. The footing trench
shall be free of mud, loose dirt and debris
and shall be inspected prior to treplacement
of footing.
Except in case of rock, no backfill shall
be permitted in footing trench.
E. Sec. R-IIO (Page 4): Add the following:
Plans shall be submitted and shall include
plot plan, floor plan and cross section
of exterior wall from bottom of footing
to and including the roof.
SECTION 3. Complimentary Clause
the City regulating construction and occupancy of
buildings and structures including, but not limited
to the Building Code, Fire Code, Dwelling Code,
Electrical Code, Plumbing Code and the like, shall
be complimentary one to the other. In the event
that a provision of one conflicts with a provision
of another, the mae stringent shall prevail.
SECTION 4. Penalties
Any person, firm, corporation or agent who
violates any provision of this Dwelling Code shall
be guilty of a misdemeanor and shall be subject
to a fine of not less than Fity Dollars ($50.00)
nor more than One Hundred Dollars ($100.00) for
each violation and for each day such violation shall
exist.
Page Three
Dwelling Code
SECTION 5. Saving Clause

adopted shall he construed to effect any suit or proceeding
now pending in any Court, any rights acquired, or lia-
hility incurred, nor cause or causes of action accrued
or existing, under any Act or Ordinance repealed hereby.
Nor shall any right or remedy of any character be lost,
impaired, or affected by this Ordinance.
SECTION 6. Validity
The invalidity of any section or provision of this
Ordinance or of the Code hereby adopted shall not in-
validate any other sections or provisions of this Or-
dinance or ·of the said Code.
SECTION 7. Inconsistency
"Complimentary Clause" all Ordinances or parts of Ordinances
in force at the time that this Ordinance takes effect and
inconsistent herewith, are hereby repealed, and Ordinance
No. 427 is hereby repealed.
It being immediately necessary for the preservation
of the peace, health and safety of Mountain Home, Arkansas,
and the inhabitants thereof, that the provisions of this
Ordinance shall take effect and be in force from and after
its passage, approval and publication.
APPROVED:
~2:Qd
oal~Pierce, Mayor
ATTEST:
NO. 296 AS AMENDED BY ORDINANCE
NO. 433 WITH REFERENCE TO
ZONING WITHIN THE CITY LIMITS
AREA ZONED RESIDENTIAL R-I TO
COMMERCIAL C-2
E IT ORDAINED by the City

City of Home, Arkansas:
a proper petition was the

property requesting a change that
said petition s submitted to the PIa ning Commission
of the City of untain Home, Arkansa ; that notice
of said petition d a public heari thereon was
published in a new aper having 10 circulation
as required by Ordin nce No. 296 s amended by
Ordinance No. 433; th t a public hearing was held;
that all d, after which the
Planning Commission reco that all property
described hereinafter be
IT IS THEREFORE
COUNCIL OF MOUNTAIN HOME,
That the follow· real estate
in Baxter County, is hereby
changed in zoning to Commercial
C-2.
Lot 1, Eas Side Few Ac es, Bean Addition
Subdivisio , as shown by the recorded
plat ther of.
WHEREAS, this ordinance is ecessary for
the preservation of ~he health and sa
citizens of Mou tain Home, Arkansas, an emergency
is hereby decl red to exist, and this or inance
shall be in f 11 force and effect from an after its
and
APPROVED:
Mayor
ORDINANCE NO. 5,0
AN ORDINANCE AMENDING ORDINANCE NO. 296 AS

AMENDED BY ORDINANCE NO. 433 WITH REFERENCE TO
ZONING WITHIN THE CITY LIMITS OF THE CITY OF
AREA ZONED RESIDENTIAL R-l TO COMMERCIAL C-3
BE IT ORDAINED by the City Council of the City


owner requesting a change in zoning; that said petition
was submitted to the Planning Commission of the City
of Mountain Home, Arkansas; that notice of said petition
and a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No.
296 as amended by Ordinance No. 433; that a public
hearing was held; that all remonstrances were heard,
after which the Planning Commission recommended that all
IT IS THEREFORE, ORDAINED BY THE CITY COUNCIL OF

That the following described real estate in Baxter

County, Arkansas, be, and it is hereby changed in zoning
from Residential R-l to Commercial C-3.
A part of the SEt NEt, Section 9, Township
as follows: Beginning at the SW corner of
the First Christian Church ParsQnage property
run thence West along the No r tn Right-of-Way
line of State Highway No. 5 a distance of
93 feet, thence North 210 feet, thence East
parallel to the South line of this tract
a distance of 93 feet and to the West line
of the First Christian Church Parsonage pro-
perty, thence South with said line 210 feet
WHEREAS, this ordinance is necessary for the pre-

Mountain Home, Arkansas, an emergency is hereby declared
to exist, and this ordinance shall be in full force and
ENACTED this 26th day of July, 1979, and declared
ATTEST:
~, j//--------"\ '---/4
< '-·:/-;Vf7.-:?--,e'tLnx',"",,~ '. ·v!/' u~r __
City Clerk f
(Dick Gonce Property)

ORDINANCE NO. 571

AMENDING ORDINANCE NO. 296 AS AMENDED
BY ORDINANCE NO.· 433, WITH
OF MOUNTAIN HOME, ARKANSAS, RELATIVE TO
CHANGING AREA ZONED R-l TO R-2

That a proper petition was filed by a property

owner requesting a change in zoning; that said petition
was submitted to the Planning Commission of the
City of Mountain Home, Arkansas; that notice of
said petition and a public hearing thereon was
as required by Ordinance No. 296 as. amended by
Ordinance No. 433; that a public hearing was held;
that all remonstrances were heard, after which the
Planning Commission recommended that all property
IT IS THEREFORE ORDAINED BY THE CITY COUNCIL

That the following

,
real estate in Baxter
County, Arkansas, be, and is hereby changed in
zoning from R-l to R-2: .
A part of SEt of the NWt, Section 10,
township 19 north, range.13 west, being
Lots 23 through 26, Block 3, EVERGREEN ESTATES,
an addition, as shown by the recorded plat
thereof.
(Said property being located on Highway 5,
South, between Cone and Cooper Streets,
in the City of Mountain Home.)
WHEREAS, this ordinance is necessary for the
preservation of the health and safety of the citizens
of Mountain Home, Arkansas, an emergency is hereby
declared to exist, and this ordinance shall be in
full force and effect from and after its passage
and publication.
ENACTED, this 26th day of July, 1979, and
declared effective from and after its passage.
,~~9-.
~D:
~-~
JYor
~. - . ~
(Cumberland Presbyterian Church property)

~ iJ~~jlll
~, ~ 572
AN ORDINANCE ESTABLISHING AN ANNUAL PRIVILEGE TAX
AND LICENSE UPON THE STORAGE, TRANSPORTATION AND
SALE OF ALCOHOLIC BEVERAGES; ESTABLISHING FEES
THEREFOR; REQUIRING A STATE LICENSE; RESTRICTING
SALES TO AREAS ZONED C-l, C-2 OR INDUSTRIAL;
REQUIRING A CERTIFICATE OF OCCUPANCY; ESTABLISHING
HOURS FOR SALE THEREOF; DECLARING AN EMERGENCY
WHEREAS, by referendum the citizens of Baxter

County have declared it lawful in the County to sell and
consume alcoholic beverages; and
WHEREAS, it is necessary to control and govern the
sale and consumption of alcoholic beverages within the
corporat~ limits of the City; and
WHEREAS, it is necessary to govern the hours of sale
and locations where alcoholic beverages will be stored
and sold.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SECTION 1. Application.
Before any person shall engage in the wholesale or
retail liquor business in the City an application shall
be made to the City for the granting of a license.
Said application shall contain a sworn statement of
the name of the business sought to be licensed, the names
and addresses of all of the persons owning or holding any
interest in said business, and the proposed location of
said business, the owner or owners of the building or
premises in which said store is to be located, and said
applicant's State license shall accompany such application,
then the City Collector shall issue such license upon the
paYment of the license fee provided hereinafter.
SECTION 2. Fee - Wholesale dealers, liquor.
The business of storing, transporting and/or selling
of spirituous and vinous liquors at wholesale within the
City is hereby declared to be a privilege; and for the exer-
cise of such privilege there is hereby levied an annual
tax in the sum of Five Hundred Dollars ($500.00) for each
such business conducted.
SECTION 3. Fee - Wholesale dealers, beer and
malt liquors.
The business of storing, transporting and/or selling
beer or malt liquors at wholesale within the City is hereby
declared to be a privilege; and for the exercise of such
privilege there is hereby levied an annual tax in the sum
of Five Hundred Dollars ($500.00) for each such business
conducted.
Page Two
Alcoholic Beverages Ordinance
SECTION 4. Fee - Wholesale dealers - liquor,

beer and malt liquor.
The business of storing, transporting and/or

selling of spiritous, vinous liquors and malt liquors
at wholesale within the City is hereby declared to
be a privilege; and for the exercise of such privilege
there is hereby levied an annual tax in the sum of
One Thousand Dollars ($1,000.00) for each such business
conducted.
SECTION 5. Fee -retail dealers. Beer.
The business of storing, transporting, selling
and/or dispensing at retail of any and all malt liquors
and beer on or off premises within the City is hereby
declared to be a privilege, and for the exercise
of such privilege there is hereby levied an annual
privilege tax in the sum of One Hundred Dollars ($100.00)
for each such retail store operated within the City.
SECTION 6. Fee - retail package stores. Liquor,
beer and malt liquor.
The business of storing, transporting, selling
and/or dispensing at retail of any and all vinous,
spiritous and/or malt liquors within the City is
hereby declared to be a privilege, and for the exer-
cise of such privilege there is hereby levied an
annual privilege tax of the sum of Two Hundred Fifty
Dollars ($250.00) for each such retail store operated
within the City.
SECTION 7. Location.
It shall be unlawful for any person to sell or
engage in the wholesale or retail liquor business at
any location other than that zoned C-l, C-2 or
industrial.
SECTION 8. Certificate of Occupancy.
No person shall be granted a license at either
wholesale or retail wi thin the City upon, in or in ..
conn~ction with any premises wherein there does not
exist a Certificate of Occupancy. At the time of
application every person desiring a permit pursuant
to this ordinance shall file with the Clerk of the
City a Certificate of Occupancy for the premises
for which the permit is sought.
SECTION 9. Hours of Sale.
It shall be unlawful for any person to sell, offer
for sale or give away at wholesale or retail any spiritous,
vinous, malt or other intoxicating alcoholic liquor before
the hour of 7:00 a.m. and after the hour of 12:00 midnight
and on Sunday.
Page Three
Alcoholic Beverage Ordinance
SECTION 10. Penalties/Fines.
Every person who violates any section of this ordinance

shall be deemed guilty of a misdemeanor and upon conviction
thereof, the license of such person shall be revoked and
such person shall be fined in a sum of not more than Five
Hundred Dollars ($500.00) and each day's violation of said
section shall constitute a separate offense.
SECTION 11. Other licenses and fees.
Every person shall procure, in addition to any permit
issued pursuant to this ordinance, all other licenses,
permits issued by the City, County and State.
SECTION 12. Purpose.
It shall be unlawful for any person to sell,
store, give away or transfer any spirits, vinous, beer or
malt liquor without having first procured a license as
provided herein and paYment of the requisite fee therefor.
SECTION 13. Definitions.·
(a) The term "person", for the purpose of this
ordinance means one or more persons, a company, a corporation,
a partnership, a syndicate or association.
(b) The terms tlspiritous, vinous and malt liquors"
shall mean for the purpose of this ordinance any fermented
liquor made from malt or any substitute therefor having an
alcoholic content of not in excess of Five (5%) Percent by
weight; liquor distilled from fermented juices of grain,
fruits or vegetables and containing more than Twenty-One
(21%) Percent of alcohol by weight or any other liquids
containing more than Twenty-One (21%) Percent by weight;
the fermented juices and fruits containing more than Five
(5%) Percent and not more than Twenty-One (21%) Percent
of alcohol by weight; and the fermented juices of grapes,
berries or other fruits or vegetables containing not more
than Five (5%) Percent of alcohol by weight.
SECTION 14. Severability.
If any part of this ordinance shall be held void such
part shall be deemed severable, and the invalidity thereof
shall not affect the remaining parts of this ordinance.
SECTION 15. Emergency.
The City Council of the City of Mountain Home, Arkansas,
has determined the sale, storage and availability of alcoholic
beverages be controlled within the City, an emergency is
declared to exist, and in order to protect the health and
safety of the citizens this Ordinance shall have full force
and effect from and after its passage and publication.
Page Four
Alcoholic Beverage Ordinance
PASSED AND APPROVED THIS 26TH DAY OF JULY, 1979 .
. Pierce, Mayor
ATTEST:
(Liquor licenses, taxes and fees)

ORDINANCE NO. 573
AN ORDINANCE DECLARING AN EMERGENCY AND SUS-
PENDING THE REQUIREMENTS FOR COMPETITIVE BIDDING.
WHEREAS, the City of Mountain Home, Arkansas, is

in need of culvert pipe of various lengths; and
WHEREAS, the requirements for publication of legal
notice of competitive bids for culvert pipe of various
lengths for use by the Ci1y is not feasible Dr practical
due to the limited time prior to the undertaking and
commencement of work to alleviate drainage and flood
related problems; and
WHEREAS, in order to preserve the health, safety and
welfare of the people, an emergency is hereby declared to
exist and the rules requiring competitive bidding should
be suspended.
SECTION 1. An emergency exists and the publication
of legal notice for the requirement of competitive bids is
not feasible or practical.
SECTION 2. The requirement for competitive bidding
SECTION 3. The Mayor is hereby authorized and
directed to purchase and acquire in the name of and on
behalf of the City of Mountain Home, galvenized corrugated
steel culvert pipe of various lengths from Armco, Inc.,
Metal Products Division, Suite 228, 7509 Cantrell Road,
Little Rock, Arkansas 72207 for $3,064.70.
SECTION 4. An emergency is hereby declared to
exist and this ordinance shall be in full force and
r-t?~
.:::>
ierce, Mayor
(Waive competitive bidding, purchase of culvert pipe)

ORDINANCE NO. 574
AN ORDINANCE AUTHORIZING A USAGE VARIANCE FOR THE PURPOSE

OF ALLOWING THE OPERATION OF A CUSTOM PIGTURE·FRAMING
BUSINESS IN AN AREA ZONED RESIDENTIAL R-l

That a Petition to permit a usage variance in an
area zoned Residential R-l within the city limits of the
City of Mountain Home, Arkansas, has been filed requesting
a usage variance for the operation of a custom picture
framing business, and that a map of the property for which
the usage variance petition has been filed along with the
surrounding property with it's respective zoning has been
filed herein, and after a full public hearing on said
petition has been held wherein all remonstrances were
heard it would appear that said Petition should be granted.
HOME, ARKANSAS:
Arkansas, to-wit:
A part of the NW t of SW t of Section 9, Township 19
Begin 47-4/7 rods South of the NW corner of said forty,

which point is the NW corner of R. F. Bodenhamer tract,
and theSW corner of the Roy Bodenhamer tract, run thence
South 110 feet to the point of beginning for the lands
herein conveyed, run thence East 210 feet to a point, run
thence South 90 feet to a point, run thence West 210 feet
to a point, this point being on the East line of College
Street, run thence North along the East line of College
Street 90 feet to the point of beginning.
is hereby granted and allowed.a zoning usage variance to
permit the operation of a custom picture framing business
on property currently zoned Residential R-l and for no
other nonconforming use and that upon cessation of the
usage of the property as a custom picture framing business
this usage variance shall terminate and the property shall
thereafter be used only for those uses permitted in a
Residential R-l zone.
WHEREAS, just and good cause having been presented for
granted a zoning usage variance, this ordinance being
necessary for the immediate preservation of the health,
property and safety of the citizens of the City of Mountain
Home, Arkansas, an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect from and
after itts passage and approval.
PASSED AND APPROVED this 9TH DAY OF AUGUST,1979.
APPROVED:
Variance usage for 1037 College, Henry and Pansy Allen property
ORDINANCE NO. 575
NO. 433 WITH REFERENCE TO ZONING WITH-
IN THE CITY LIMITS OF THE CITY OF
MOUNTAIN HOME, ,ARKANSAS, RELATIVE TO
CHANGING AREA ZONED RESIDENTIAL R-l
TO COMMERCIAL C-2

That a proper petition was filed by the property owner
recommended that all property described hereinafter be
rezoned.
IT IS THEREFORE, ORDAINED BY THE CITY COUNCIL OF
MOUNTAIN HOME ARKANSAS:
That the follaing described real estate in Baxter County,
Arkansas, be, and it is hereby changed in zoning from
Residential R-l to Commercial C-2.
Lot 1, East Side Few Acres, Bean Addition Subdivision,
as shown by the recorded plat thereof.
Arkansas, an emergency is hereby declared to exist, and this·
.", ::;

ENACTED thi s 13th day of September, .1979, and declared
APPROVED:
ATTEST:
Rezoning Doris J. Merrill from R-l to C-2

ORDINANCE NO. 576
TO AUTHORIZE THE MOUNTAIN HOME
MUNICIPAL PARKING AUTHORITY TO
SELL PART OF LOTS 1 AND 2,
BLOCK 20, TRUMAN'S ADDITION, ON
CONTRACT TO JIMMY L. TRAMMELL
AND DONNA M. TRAMMELL.

WHEREAS, the Mountain Home Municipal Parking Authority
has entered into an Escrow Agreement for the sale of the East
forty-two (42) feet of Lots 1 and 2, Block 20, Truman's
Addition to the City of Mountain Home, Arkansas as shown by
the recorded plat thereof, to Jimmy L. Trammell and Donna
M. Trammell, his wife, subject to the approval by the
Mountain Home City Council.
WHEREAS, the Ci tyo Council .ha s reviewed the terms of the
Escrow Agreement and found that it is in the best interest
of the City of Mountain Home, Arkansas to sell a part of the
property owned by the City and operated by the Mountain Home
Municipal Parking Authority.
IT IS THEREFORE ORDERED by the City Council of Mountain
Home, Arkansas:
That the Mountain Home Municipal Parking Authority is
hereby authorized to sell the East forty-two (42) feet of
Lots 1 and 2, Block 20, Truman's Addition to the .City of
Mountain Home, Arkansas, as shown by the recorded plat there-
of, to Jimmy L. Trammell and Donna M. Trammell, his wife,
for the total sum of $50,000.00, with $10,000.00 down and the
balance of $40,000.00 together with interest at the rate of
nine per cent (9%) per annum payable in monthly installments
of $455.22 each for a period of twelve (12) years.
of health and safety of the citizens of Mountain Home, Arkansas,
an emergency is hereby declared to exist, and this ordinance
and publication.
ENACTED this 13th day of September, 1979, and declared
APPROVED:
~?r2~~
V
ATTEST:
p/" r-:
Sale of the East 42 feet of Lots 1 & 2 Block 20 Truman's Addition

ORDINANCE NO. 577

NO. 376,REPEALING ORDINANCE NO.
377, AUTHORIZING AMENDMENT OF
WHOLESALE WATER- RATE CONTRACTS,
DECLARING AN EMERGENCY; AND FOR
OTHER PURPOSES.
f\ WHEREAS, the City of Mountain Home, Arka sas has Water

Rat\ Contracts for the sale of potable water with the City of
Cott~r, Mountain Home Northeast Water Assooiation, Inc., and
\
Lakew~ew-Midway
\
Water Association, and /
I
WijEREAS, said Agreements set out thd wholesale rate at
\ /
which t~e Seller would sell. and the BuYjr purchase potable
water; a~d /
WHEREAS, said Agreements also pr'vide that the wholesale
\ /
rates cou\d be amended every two (2)jyears.
. I
THEREfORE, BE IT ORDAINED BY ~EE CITY COUNCIL OF MOUNTAIN
HOME, ARKAN;SAS: /
\ /
SECTION, t. Lakeview-Midway Water Association
/
"
The May<vr is hereby /
authori.zed to execute an amendment
'\ !
to the eXistilfg eontract toimp,6se the ra-te--f'--0r

wholesale potable
f. /
water at fifty\five cents ($0~55) per one thousand (1,000)

f I
gallons of wat~r purchased bi the Lakewiew-Midway Water Associa-

\ I
tion effective ~eptember 15/1979, to and including July 15,1981.
'\ J
SECTION 11.\\ Mountain /Rome Northeast Water ASSOCiation, Inc.

\ !
The Mayor i~ hereby ..
authorized
j
to execute an amendment to
\ !
the existing cont~act

\
to .Ampose the rate for wholesale potable
water at fifty cents t
($0/.50) per one thousand
. I
(1,000) gallons
of water purchased~y ~he Mountain Home Northeast Water Associa-
\ /
tion, Inc. effectiv~ .. !
~eptember 15,1979 to and including July 15,
1981, and pay or giv~/credit to Mountain Home Northeast Water
Association, Inc. twJnty cents ! \
($0.20) per one thousand (1,000)
gallons of water pudp~ \
for Village Green Subdivision.
! \
SECTION III. PitY\Of Cotter.

The Mayor is rereb~authorized to execute an amendment to
the existing contract to reflect the rate for wholesale potable
water
/ :\
(1) at fif~y cents ($0.50) per one thousand (1,000)
gallons of water/(commoditY~harge) purchased by the City of
Cotter effectiv¢ September 1~1979 to and including July 15,1981,
and (2) at maximum daily dema~ times the amoritization rate of
the City of Mduntain Home divided by one million, said maximum
daily demand/to mean the City of Cotter's metered average daily
demand, times 180% and said amori ization rate to mean $1,352.00
plus any incremental increase from ompletion of water supply,
storage, transmission and treatment ~cilities of the City of
Mountain Home, when operational, that ~fect the City of
Cotter's water supply, and, (3) to further provide the abatement
of such reserve capacity charge until JUl~,1981, and (4)
further provide for acquisition and installatJon of a new 4-inch
\,
compound meter and the City of Cotter pay for \he cost and
installation within twelve (12) months after in~~allation and to
further provide the anniversary date to be July 15·.of every odd-
numbered year.
ORDINANCE\NO. 577
Amending wholesale Water Contracts
Page 2
SECTION Repeals.
A. No. 377 is hereby repealed in its
B. Ordinance No. 376.

(I) Sectidn II. Conditions (a), Second
sentence: IIF\{.~he purpo se of determining /
the RESERVED ~ACITY, it will be assumed /
that the Maxi~ Day will occur during I
the months of Ju~y or August and any in- . II

crease in the dail~ take during this period !
will automaticallY~COme the basis for !

determining the CAPA ~ITY CHARGE thereafter" /
is hereby deleted and inserted therefore /
the following: "The R SERVE CAPACITY shall /
be the maximum daily dem nd times the /1
amortization rate of the ity of Mountain /
Home, divided by one milli'n. The amortiza- I
tion rate shall mean $1,352.00 plus any II
incremental increase from the\completion of I
water supply, storage, transmi'Ssion and/

treatment facilities of the Ci t~ of Mountain ..
Home (when operational) that aff~ct the City /
of Cotter's water supply. The ma±~mum dailyl
demand shall mean the City of Cott~ls /
metered averag~ daily demand times l~O%.'jI
(2) SECTION II. Commodity Charge (~\ ~
hereby deleted and inserted therefore ~e
following: "The actual cost of prod~tion
and delivery of ~ater plus projected in-~
flat ion for two future years
contingencies and profit. II
~% fOr\
\
P7US
SECTION V. Severability. \\
If any part of this ordinance sh dl be held void \uch
part shall be deemed severable, and he invalidity the~of shall
not affect the remaining parts of this ordinance. ~
SECTION VI. Emergency. \
That there is an immed~ e need for the sale of water\to
the City of Cotter, LakeV~-MidWay Water Association and Md~ntain
Home Northeast Water Ass ciation, Inc., and that because of \aid
sale of water benefits will inure to the benefit of the resid~nts
\
of the City of Cotte , Lakeview-Midway Water Association and \
Mountain Home Nort east Water Association, Inc., and therefore, \
an emergency is wtclared to exist and this Ordinance being nece~~ary
for the immedia~ preservation of the public welfare it is declat~d
/ \
to be in full force and effect immediately upon and after its \
passage. /
PASSED~ APPROVED THIS 27th DAY OF SEPTEMBER, 1979. \
APPROVED:
ATTEST:
/ /'
AMENDING WHOLESALE WATER CONTRACTS

ORDINANCE NO. 578
AN ORDINANCE ACCEPTING PUBLIC DEDICA-
TIONS, IMPROVEMENTS, STREETS, AND
ALLEYS OF REPLAT OF LOT 2 OF LYNNWOOD
COMMERCIAL

ARKANSAS:
SECTION I. That the public dedicatiQns, improvements,
streets and alleys of Replat of Lot 2 of Lynnwood Commercial
are hereby accepted and the Clerk and Ex-Officio Recorder of
the Circuit Court is hereby authorized to record the final plat
thereof.
SECTION II. WHEREAS, this Ordinance is necessary for the
declared to exist and this O~dinance shall be in full force
APPROVED THIS 27th day of September, 1979.
APPROVED:
ATTEST:
/ 7'
Accepting dedications and streets in Lynnwood Commercial-Phil Jones

ORDINANQE NO. 579
529; ESTABLISHING A MAXIMUM AMOUNT
FOR THE PURCHASE, SALE OR EXCHANGE
OF SD~PLIES, MATERIALS OR EQUIPMENT
BY MAYOR WITHOUT COMPETITIVE BIDDING.
WHEREA~, Act 154 of 1979 increased from $1,000.00 'to

$2,000.00 th\ Mayor or his duly authorized representative may
purchase, sel'h or exchange any municipal supplies, materials
or equipment W~Ch may be purchased, sold, or exchanged with-
out competi tive ~dding; nand
WHEREAS, the~ is need for such purchase, sale or exchange
without competitive bidding as costs of equipment, supplies and
materials is constant y increasing; and
WHEREAS, Ordinance No. 529 applies only to the sale or
exchange of supplies, ma erials or equipment;
NOW, THERE~?RE, BE IT ORDAINED BY THE CITY COUNCIL OF
MOUNTAIN HOME ,ARKANSAS:
Section 1. Ordinance No. 929 is hereby amended and
the value of $2,000.00 is inse ted in Section 1 in the place
of $1,000.00.
\ '0-\/\
Section 2. All purchases for the City of supplies, ~~ ~\
apparatus, equipment, materials and other things requisite for ~.~
public purpose where the expenditure therefore is less than ~~~O~
$2,000.00 shall be made by the Mayor, or his duly authorized \
representative, without securing of q~tation bids thereforto~
\ Coo~c..i \ ApprovAl.-
Section 3. Where the amount of exp~nditure for any purchase
or contract exceeds the sum of $2,000.00, the Mayor, or his duly
authorized representative, shall invite c petitive bids thereon
by legal advertisement in any local newspa*er. Bids received
pursuant to siad advertisement shall be ope'ed and read on the
date set for receiving said bids, in the pre ence of the Mayor,
or his duly authorized representative. The c\~tract shall be
awarded to the lowest responsible bidder; prov\ded, however, the
Mayor, or his duly authorized representative, m~y reject any and
all bids received.
Section 4., There is an immediate need for th increase in

value of equipment, supplies and materials purchqse sold or
exchanged by the City and therefore an emergency is IT reby
declared to exist; this ordinance being necessary for he
preservation of the public health and safety, the same \hall
be in full force and effect from and after its passage ahd
publication. \
Se<!..+lo~ 5. Ad.ded by OIQ.J.NO." 31
PASSED AND APPROVED THIS 28th day of September,1979. ,
\
APPROVED:
•. _ • • _ •••• :r ~ .•• :
ATTEST:
" /" \/
Penelope YR. Feist, City Clerk
Mayor purchase, sale or exchange of supplies,materials or equipment

up to $2000.00 without competitive bidding.
ORDINANGE NO. 580
AN ORDINANCE DECLARING AN EMERGENCY

AND SUSPENDING THE REQUIREMENT FOR
COMPETITIVE BIDDING
WHEJ3,EAS,the Water and Sewer Department of the City

of Mountain Home has an out-dated piece of equipment that
is in need of excessive repair and is out of service; and
WHEREAS, this equipment is used by the meter readers
for the reading of water meters in the,City; and
WHEREAS, the City must expend in excess of ONE
THOUSANDAANDOO/IOO DOLLARS ($1,000.00) to repair this
equipment, the same being a vehicle manufactured in 1968
with 119,000 miles and the cost or repair or replacement
of parts to make such vehicle operable exceeds the value
of the vehicle itself; and
WHEREAS, the meter readers and employees the Water
Department must have transportation;
Section 1. An emergency exists and the Water and Sewer
Department needs a replacement vehicle immediately.
hereby suspended.
Section 3. The::Mayor, or hi s duly authorized repre-
sentative, is hereby authorized to purchase a 1979 Dodge
pickup truck, Model D-200, for the sum of SIX THOUSAND
TWO HUNDRED AND 00/100 DOLLARS ($6,200.00) from Dooley-
Smith Motors in Mountain Home, Arkansas. Subject to a
rebate from Chrysler Motor Company in the amount of
FOUR HUNDRED AND 00/100 DOLLARS, making the total price
lilIVETHOUSAND EIGHT HUNDRED AND 00/100 DOLLARS ($5,800.00).
Section 4. A emergency is hereby declared to exist,
as transportation is necessary for the employees of the
Water and Sewer Department reading meters, and, this
its passage.
PASSED AND APPROVED this 17th day of October,1979.
APPROVED:
ATTEST:
Competative Bid Waiver for Pickup Truck for Water & Sewer
ORDINANCE NO. 581
AN_ ORDINANCE AMENDING ORDINANCE NO. 441;

INCREASING TO 5% THE FRANCHISE PRIVILEGE
FEE FOR HOME ~ABLE COMPANY AND FOR OTHER
PURPOSES.
WHEREAS, Home Cable Company is paying unto the City

less than the generally accepted franchise tax or fees
charged public utili franchise holders.
Section 1. Franchise Fees - The amount or figure
"2%", Line 8, Section 16, page 6, Ordinance 441 is
hereby deleted, and inserted therefore the amount or
figure "5%".
SectiotcII. Effective Date - The effective date of
this ordinance shall be December 1, 1979.
Section III. Severability - The provisions of this
ordinance shall be severable, the invalidity, unenforce-
ability, or unconstitutionality of any clause, phrase,
sentence or part hereof, shall not effect the validity,
enforeeability, or constitutionality of any other clause,
PASSED AND APPRO~D this 25th day of October, 1979.
APPROVED:
ATTEST:
/~ ,/ ~_ '---;r .:::
-,__ ~r;:/~Z:?,y?__;/~;'/tL/j;{/ \_~!:-_ v!.t?~~c:.~(i_-~
/ / d
Raising Home Cable Company Franchise Tax to 5%

ORDINANCE N9. 582
AN ORDINANCE ACCEPTING PUBLIC DEDICATION
IMPROVEMENTS~ STREETS, AND ALLEYS OF
SOUTHERN MEADOWS ESTATES, ADDITION NO. 5
ARKANSAS<:
SECTION 1. That the public dedications, improvements,
streets and alleys of Southern Meadows Estates, Addition
No. 5 are hereby accepted and the Clerk and Ex-Officio
Recorder of the Circuit Court is hereby authorized to
record the final plat thereof.
SECTION 2. Whereas this ordinance is necessary for
the preservation of the health and safety of the cit~zens
of the City of Mountain Home, Arkansas, and an emergency
is hereby declared to exist and this ordinance shall be
PASSED AND APPROVED this 25th day of October,1979.
APPROVED:
ATTEST:
Accepting Streets and public dedication in Southern Meadows, Add. No. 5

ORDINANCE NO. 583

BY ORDINANCE NO. 433, WITH REFERENCE TO
ZONINGcWITHIN THE CITY LIMITS OF MOUNTAIN
AREA ZONED R-l TO C-3

HOME, ARKANSAS:
published in a newspaper having local circulation as required by
Ordinance no. 296 as amended by Ordinance No. 433; that a public
hearing was held; that all remonstrances were heard, after which
HOME, ARKANSAS:
be, and is hereby changed in zoning from R-l to C-3:
A part of the swi of NWi of Section 10, Township 19
Beginning at the Southeast corner of said forty, run
thence West 60 feet to a point of beginning for the tract
herein conveyed; run thence West 140 feet to a point,
run thence North 100 feet to a point, run thence East
100 feet to a point, run thence North 100 feet to a
point, run thence East 40 feet to a point, run thence
South 200 feet to the point of beginning.
Also known and described as 1151 E. 9th Street, Mountain
Home,~an~as.. .
WHEREAS, "t h i s o r-d i nano e 1S necessary for the preservation
ENACTED this 8th day of November, 1979, and declared
APPROVED:
ATTEST:
Rezoning of 1151 East 9th Street from R-l to C-3

ORDINANCE NO. 584
AN ORDINANCE ACCEPTING CERTAIN OF
THE PUBLIC DEDICATIONS, IMPROVEMENTS,
STREETS, AND ALLEYS OF INDIAN CREEK
NO.3, PHASE 2, A SUBDIVISION.
HOME, ARKANSAS:

streets and alleys of Indian Creek No.3, Phase 2, a
Subdivision not previously accepted by Ordinance No. 538,
are hereby accepted and the Clerk and Ex-Officio Recorder
of Baxter County, Arkansas, is hereby authorized to record
the final plat thereof.
Section 2. WHEREAS, this ordinance is necessary for the
APPROVED this 8th day of November, 1979.
APPROVED:
ATTEST:
-
Q/Z2-eA/!--f~~
Accepting streets in Indian Creek No. 3 Phase 2

ORDINANCE NO. 585
AN ORDINANCE TO LIMIT AND CONTROL

THE USE OF AREAS ADJACENT TO SHOP-
PING CENTERS MAINTAINED FOR THE
CONVENIENCE OF THE PUBLIC; FOR
INGRESS, EGRESS, LOADING AND UN-
LOADING, PARKING SPACES FOR HANDI-
CAPPED PERSONS; PROVIDING FOR
PENALTY FOR VIOLATION, DECLARING AN
WHEREAS, the 1979 Legislature has amended the Arkansas Vehicle

Code to provide advantages of parking vehicles of handicapped persons;
and
WHEREAS, pursuant to Acts 574, 772 and 860 of 1979, and Arkansas
Statutes Annotated §19-2350 et seq. parking should be available to
persons who are physically handicapped; and
WHEREAS, the Mountain Home Municipal Parking Authority and
owners of shopping eenters have designated handicapped, restricted
areas on plats filed with the City Clerk of Mountain Home, Arkansas,
and will post signs to such effect on their respective premises,
SECTION 1. Handicapped Parking
It shall be unlawful for any person to park or permit to be

parked any vehicle in any space designated for the exclusive use of
a disabled person.
SECTION 2. Handicapped Designations
Such parking spaces for handicapped persons shall be designated

by the "International Symbol of Access" and are currently shown on
plats on file with the City Clerk of Mountain Home, Arkansas, refer-
ence to which is hereby made, the same being incorporated herein
verbatim, worff for word, as if set out in full.
SECTION 3. Parking Privilege
The person for whom a "Disabled VeteranH State License plate has
been issued or for whom a special decal has been issued pursuant to
Act 772 of 1979, while transporting a disabled person as defined in
such act:
A. May park for unlimited periods in parking zones restricted
as to the length of parking time permitted;
B. May park in zones reserved for spec La Lvt.ypes of vehicles,
e~cept for those zones authorized for exclusive use by emergency
vehicles, ambulances and bus stop areas;
C. Is not required to pay any parking meter fees of this City;
D. Is permitted exclusive parking privileges in those areas
designated for parking by handicapped persons only.
SECTION 4. Parking Restrictions
The provisions of Section 5 of this ordinance shall not apply:

A. Areas where stopping, standing or parking is prohibited to
all vehicles.
B. Areas designated as fire lanes or areas where parking clearly
would present a traffic hazard for the general public.
SECTION 5. Handicapped Persons
No person or owner of any vehicle shall be entitled to the

privileges as set forth in Section 3 of this Ordinance, unless the
owner or primary user of the vehicle:
A. Any individual who has lost, or has permanently lost the
use of, both lower extremities (including but not limited
to conditions of weakness or spacticity associated with
Cerebral Palsey, Arthritis, paraplegia, quadraplegia,
double lower extremity above the ankle amputati@n, etc.) and
Ordinance No. 585 continued
page 2
this condition results in the inability to travel more

than 100 feet without the use of a wheelchair, crutches,
two canes, long leg braces or walker; or
B. Any individual who suffers from lung disease to a degree that
his/her forced (respiratory) expirat@ry volume one second
measured by spirometry is less than one liter or his/her
arterial oxygen tension (p02) is less than 60 mm/Hg on room
air at rest; or
C. Any individual who is impaired by cardiovascular disease to
the extent that his/her functional limitations are classi-
fied in severity as Class 3 or 4 according to standards
accepted by the American Heart Association; or whose
normal motor function is impaired; or
D. Any individual who is found "disabled" by the Veterans
Administration and who legally displays the "Disabled
Veteran" license plate; or
E. Any individual to whom is given a temporary permit by
the Mountain Home Police Department based on medical
proof.
SECTION 6. Penalties
The owner or driver parking a vehicle in an area designated

for the exclusive use of disabled persons, designated in Section 2
of this Ordinance, not having affixed thereto a decal issued by
the Arkansas Department of Revenue or issued by a reciprocal
state, or bearing a "Disabled Veteran" license or issued a
temporary permit, shall, upon conviction of parking such vehicle
in a designated, exclusive or restricted space or zone, be fined
not less than $25.00 nor more than $100.00 and/or such vehicle
impounded, towed, and stored at the expense of the owner or
driver,or both such fine, towing and related cost, for each such
offense.
SECTION 7. Severability
The invalidity of any section or provlslon of this Ordinance

or of the Code hereby adopted shall not invalidate any other
section or provision of this Ordinance or of the Code.
An emergency is declared to exist and parking necessary for

handicapped persons, and this Ordinance being necessary for the
preservation of public health, safety and welfare shall be in
PASSED AND APPROVED THIS 8th day of November, 1979.
Controlling Handicapped Parking

ORDINANCE NOo 586
AN ORDINANCE AMENDING ORDINANCE Ill;

REPEALING ORDINANCE 113A; INCREASING
TO 5% THE FRANCHISE PRIVILEGE FEE FOR
MOUNTAIN HOME TELEPHONE COMPANY; DE-
CLARING ~~ EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, Mountain Home Telephone Company is paying unto

the City only two percent (2%) of its gross local telephone
revenue billed its customers within the corporate limits;
and
WHEREAS, the Mountain Home Telephone Company'will pay

such franchise or privilege fee or tax for the remainder of
1979; and
WHEREAS, to equalize the franchise or privilege taxes

and fees paid to the City

SECTION 1. Franchise Fees

).~\'w
,~ ~V\
Section 1. of Ordinance III is hereby repealed in its l~ ~/

entirety and inserted and substituted therefor the following: ~~ ~~
"Section L The Mountain Home Telephone Company Shall:!'

pay each year a franchise of privilege tax to the City of /~
'!~
.~~
Mountain Home, Arkansas, payab I.e on a current basis or wi th- C'\\ '\1
in 30 days after the end of· each calendar quarter,of the \J
preceding cal~
revenues plus
quarter1s gross local service te ephone
f its intrastate toll service revenue billed
tJ
its customers wlthin the corporate limits. The payment of
the tax for the Fourth Quarter of each year shall be subject
to a credit for uncollectible operating revenue applicable
to the total of each for the year to which the tax applies.
Such credit shall be the same percentage determined and
applied in the company's Annual Report to the Arkansas Public
Service Commission."
Section 2. Effective Date
The effective date and basis of the franchise fees due

as hereinbefore set out shall be the first quarter of 1980
and franchise fees due based upon the first quarter of 1980
and thereafter.
Section 3. Severability
The provisions of this ordinance shall be severable;

the invalidity, unenforecability, or unconstitutionality
of any clause, phrase, sentence or part hereof, shall not
affect the validity, ~nforceability,or constitutionality
of any other clause, phrase, or part hereof.
Section 4. Repealer
Upon the effective date hereof all ordinances and parts

of ordinances in conflict herewith are hereby repealed.
Specifically, Ordinance 113A is hereby repealed in its
entirety.
APPROVED:
~a/20
\__
~~~ J. - '
L/-------~
\V ••
Penelope R. ~t, City Clerk
Raising Franchise Tax to Mountain Home Telephone Co. to 5%

ORDINANCE NO. 587


That a proper Petition was filed by property owner

Mountain Home, Arkansas; that notice of said Petition and
a public hearing thereon was published in a newspaper
having local circulation as required by Ordinance No. 163
on the posting of notice on subject property in accordance
with Ordinance No. 283; that a public hearing was held;
after be rezoned.


Commercial C-3 to Residential R-2:
A part of the NWi NWi of Section 9 and a part

of the NEi NEi of Section 8, Township 19 North,
From the North section corner between Sections

8 and 9, T. 19 N., R. 13 W., run East 121.8
~eet, thence S. 1 deg. 55' W. 895 feet to the
point of beginning of the property described
herein; run thence S. 5 degs. 2}' W. 170.73 feet,
thence S. 12 degs. 28' W. 90 feet, thence N. 81
degs. 13' W. 510.87 feet, thence N. 0 deg. 37'
We 232.56 feet, thence S. 85 degs. 30' E .•546.66
feet to the point of beginning, containing herein
2.99 acres.
WHEREAS, this Ordinance is necessary for the pre-

Mountain Home, Arkansas, an emergency is hereby declared
to exist and this Ordinance shall be in full force and
PASSED AND APPROVED This 13th day of December,1979.
APPROVED:
c:j-:;Li2 .:»:~
ATTEST:
~~~d
Rezoning of Fox Builders, Inco property on Dyer Street C-3 to R-2

ORDINANCE NO. 588

NO. 441 and 462; INCREASING TO
3% THE FRANCHISE PRIVILEGE FEE
FOR HOME CABLE COMPANY.AND FOR
OTHER PURPOSES.
WHEREAS, Home Cable Company is payffingunto the City

less than the generally accepted franchise tax or fees
charged public utility franchise holders.

Section I. That Section 1 of Ordinance 462 is

hereby amended to read as follows:
SECTION I.' In consideration of the faithful performance

and observance of the conditions and reservations herein-
after specified, the exclusive right is hereby granted to
Home Cable Company, its successors and assigns, hereinafter
referred to as Grantee, to erect, maintain and operate
antenna television tFansmission and distribution facilities,
in, under, over, along, across and upon the streets, lands,
avenues, sidewalks, alleys, bridges, and other public places
in the City of Mountain Home, Arkansas, and subsequent additons
thereto for the purpose of transmission and distribution of
of television impulses and television energy, both community
antenna and closed-circuit, including programs recorded on
film and television tape or otherwise recorded in accordance
with the laws and regulations of the United States of America
and the State of Arkansas, and the ordinances and regulations
of the City of Mountain Home, for a period of fifteen years.
Prior to one year before the expiration of this franchise,
Home Cable Company shall give written notice of its intention
to exercise its option to renew this franchise for an add-
itional fifteen-year period. The City of Mountain Home shall
hold a public hearing affording due process within 90 days
of the notice of option to determine if the renewal option
is to be granted. The City of Mountain Home may not deny
said renewal option except for good cause.
Section II. That Section 16 of Ordinance 441 is hereby

SECTION XVI. All provisions of law provided and pre-

scribed for the granting of this permit and authority are
hereby declared to have been fully complied with and the
permit shall be in full force and effect from and after its
execution and approval. The Grantee shall pay, and, in
consideration of the granting of this permit and authority,
agree to pay to the City of Mountain Home as a tax and as
compensation for the right and privilege enjoyed hereunder,
a sum equal to 3% of the gross revenues for customers
located within the corporate limits of the Grantor; payable
monthly, within thirty (30) days after the end of the momth
from which such revenues are collected.
Section III. Effective Date - The effective date of

this ordinance shall be December 1, 1979.
Section IV. Severability - The provisions of this

ordinance shall be severable, the invalidity, unenforce-
ability, or unconstitutionality of any clause, phrase,
sentence or part hereof, shall not effect the validity,
enforceability, or constitutionality of any other clause,
APPROVED :,/J .
Q~jy~~
v .
Ronald
..
E. P~erce,
Mayor
ATTEST:
~~C;;S~
Penelope Ro Fe1st, City Clerk 3% Franchise Home Cable C
ORDINANCE NO. 589

NO. 514 FIXING THE AMOUNT Of
ANNUAL LEVY, TAX OR LICENSE THAT
PERSONS, FIRMS, ASSOCIATIONS OR
CORPORATIONS SHALL PAY FOR THE
PRIVILEGE OF ENGAGING IN, CARRYING
ON, OR FOLLOWING ANY SUCH TRADE,
BUSINESS, PROFESSION, VOCATION, OR
CALLING WITHIN THE CORPORATE LIMITS
OF THE CITY OF MOUNTAIN HOME, CLASSI-
FYING THE SAME; PROVIDING THE TIME,
MANNER AND MEANS FOR PAYMENT OF
SUCH PRIVILEGE LICENSE; PRESCRIBING
PENALTIES FOR VIOLATION; DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the general fund revenues of the City of

Mountain Home are insufficient to meet the annually increas-
ing general fund expenses of the City, including the cost of
providing essential services such as fire and police protect-
ion to the inhabitants of the City; and
WHEREAS, the present license and Business Regulations

Ordinance does not classify as to kind and character of trade
or business activities within the City; and
WHEREAS, the adoption of the taxing provisions provided

for this ordinance are essential to the health, welfare,
maintenance and well-being of the City and its inhabitants,
then

CITY OF MOUNTAIN HOME, BAXTER COUNTY, ARKEN
SECTION 1.
This Ordinance shall be known as the Occupation

License Ordinance.
SECTION 2. Terms and Definitions:

The following terms, words and phrases ~s used in
this Ordinance shall have the following meaning unless the
content hereof clearly required otherwise, and the singular
shall include the plural and vice-versa and the masculine
shall include the feminine and vice-versa.
A. City: The term "City" as used in this

Ordinance shall mean the City of Mountain
Home, Arkansas.
B. Person: The term "Person" as used in this

Ordinance shall mean a person, firm, partner-
ship, association, corporation or venture.
C. Business: The term "Business" as used in

this Ordinance shall mean a trade, occupation,
calling, vocation, profession, venture, pursuit,
livelihood, or eXChange, carreer, employment,
or transaction.
SECTION 3. Occupation License Required:
A. Each person engaged in business within the

City shall be required to procure an annual
occupation license from the City.
B. Each person with no physical location within

the City engaged in business who shall perform
over three (3) transactions of business within
one (1) calendar year within the corporate
limits shall be required to procure an occu-
pation license from the City unless such per-
son possesses a valid occupation license in
the City where it maintains a physical location.
occupation Ordinance No. 589 Continued
page 2
SECTION 4. Calendar Year:
A. Any occupation license required herein shall be

for a period of one year, commencing on the
effective date hereof and ending on December
31,1980, and every year thereafter.
B. Each person shall procure said occupation

license and pay the fees re red within thirty
days of the date of (or wi thin 30 'De.le.+eJ by
days after the effective hereof for the 014J. ~Q. 0$'LL
calendar year 1980) or in the event of a person Add
entering into a business, after the first of Fe~~u~~y\
each year, said person shall procure the license
and pay the fees required within thirty days
from the date that business is commenced, and
the fees levied upon such new business shall be
computed prorata basis of a 365 day year. All
of the above fees may be paid in semi-annual
installments with one-half ~ of said fee to
be paid on or before and the J)e \e+e:-cl.Pi
balance on or before July 31, of that year. ASj' .No. (03
SECTION 5. Separate License Required: AQC!.h J
A. Any person engaged in two (2) or more businesses

for which a license is required shall be required
to obtain a license for each separate business.
B. When a person has more than one place of business,

each place of business shall be considered a
separate and distinct business and shall be
separately assessed and fees paid for the same,
unless the context clearly requires otherwise.
SECTION 6. Procedure Application:
Each person desiring a license required by this

Ordinance, shall apply to the City Clerk or Recorder
and shall attach to such application, a copy of the
assessment for personal property on file in the
County Assessor's Office for the· year prior to that
in which the fees are due, if such person or business
is required to pay a li~ense fee in Schedule II of
Section 7, and pay such fees prescribed, for which
said clerk shall issue and deliver a receipt for
payment and license therefor.
SECTION 7. Fees:
The annual fees, unless otherwise specified, as

required by this ordinance shall be upon the following
classifications (1) based upon the amount of--go od.s ,
wares or merchandise carried in stock in any business
or (2) the kind of trade, business, profession,
vocation or calling, whichever is applicable of the
following schedules:
SCHEDULE I
A DOLLARS
ABSTRACTORS 100.00
This subsection shall apply to all

persons who conduct a business of
compiling an~making abstracts of
titles to lands, for a valuable
consideration and title insurance
company.
ACCOUNTANTS (Auditor) 100.00
ADVERTISING AGENCY
(a) Persons carrying on an advertising

and/or billposting business 50.00
AIR CONDITIONING & HEAT 100 ••

00
(a). Heating, contrac ors only 60.00

(b) Service only ~ 40.00
--vK
-AMBULANCE OPERA1'ORS (each ani t) j)~ 50.00
AMUSEMENT PARKS 75.00
ASPHALT PLANTS 100.00
ANTIQUE NOVELTY & GIFT (Curios, cards) Inventory

Schedule II
APPAREL SHOPS (Men, women, children) Inventory

Schedule II
APPLIANCE STORE Inventory

Schedule II
ARCHITECTS (eaCh) 150,,00
ATTORNEYS (each, not firm) 150.00
AUCTIONEERS (each) 100.00
AUTO BODY & PAINT SHOP/REPAIR - Garages 100.00
AUTO PARTS & SUPPLIES/ACCESSORIES Inventory

Schedule II
AUTOMATIC CAR WASH ~\ 4 60.00

App~'\"'G~S -E:l\e\-. '5tID.o.OO ~.NO.'3
(Added
APARTMENTS - Complex (see Leasing Agent)
BAIT SHOP & TACKLE Inventory

Schedule II
BAKERY & PASTRY SHOP 50.00
BARBER/BEAUTY SHOPS 50.00

(a) Each additional Chair 7.50
BARBER & BEAUTY SUPPLIES Inventory

Schedule II
BICYCLE DEALERS Inventory

Schedule II
BILLIARD/POOL
(a) Each domino table 5.00
(b) Each table 12.50
BISCUITS, CRACKERS, COOKIES, ETC. Inventory

Schedule II
page 4
BOATS & MOTORS Inventory

Schedule II
BOOKSTORES Inventory
Schedule II
BOTTLERS Inventory
The license fee for each bottler of Schedule II
serated, carbonated or mineral waters
of any kind and any bottler of soft
drinks shall be Inventory
Schedule II
BOWLING ALLEY 150.00

(a) Food Service (Not vending) 50.00
(b) Liquor 50.00
BONDSMAN 100.00
BROKERS
(a) Lumber 50.00
(b) Stock 100.00
BUILDING MATERIAL (Used) Inventory

Schedule II
BUILDING MATERIAL (New) Inventory

Schedule II
BULK GAS & OIL (Wholesale) 100.00
BUS LINES
(a) Engaged in interstate 50.00
BUTANE AND/OR PROPANE DISTRIBUTORS 100.00
BUTCHERS OR FISH DEALERS Inventory

Schedule II
C.P.A. 150.00
CAFES & RESTAURANTS

OCCUPANCY LOAD:
(a) 0-75 75.00
(b) 76-150 125.00
(c) 150-up 175.00
(d) Carry-out Service Only 75.00
(e) Carry-out Service, Drive-Ins 75.00
CARPENTERS CONTRACTORS 50.00
CARPET CLEANING, ETG. 25.00
CAR WASH 35.00
CASH REGISTER DEALER 50.00
CATERING - FOOD SERVICE 30.00
CATALOG STORE 200.00
CATALOG RETAIL 250.00
CHIMMEY SWEEP 25.00
CHIROPODISTS 150.00
CHIROPRACTORS 150.00
page 5
CIVIL ENGINEER (each) 100.00
CLEANERS AND PRESSERS 50.00
CLUBS, NIGHT 300.00
COAL OR COKE YARD 50.00
COFFEE & TEA AGENTS 50.00
COLLECTION AGENCIES 50.00
CONCRETE & CEMENT PRODUCTS COMPANY

(See Building Materials)
CONCRETE READY-MIX 250.00
CONFECTIONARY 35.00
(a) Cold drinks, ice cream and candy 35.00
(b) Wholesale Distributors Inventory
Schedule II
CONTRACTORS
(a) General Building 100.00
(1) Over 50 houses, per house add 5.00
(b) Steam heat 35.00
(c) Paper hanger, Painter, etc. 35.00
(d) Cabinet maker 35.00
(e) Dry Wall 35.00
(f) Plumbers 35.00
CO-op PURCHASING COMPANY 100.00
COSMETICS - Itinerant 25.00
CREDIT BUREAU 50.00
DANCING STUDIO 50.00
DEALERS
(1) Farm Machinery 200.00
(2) Auto-New & Truck 200.00
(3) Auto - Used and/or other 100.60
DELICATESSEN 35.00
c:~~~"
) AJd.e.cr\;b
~~~~~~~~:J:::~~~~
~ENTISTS y Ol)..J,. 1\\0. ~3'4~
ft? ~~~
150.00
150.00
DRUG STORES Inventory

Schedule II
DRY GOODS, DISCOUNT & DEPARTMENTS STORES Inventory

Schedule II
EGG & POULTRY DEALER 50.00
ELECTRICAL CONTRACTORS 100.00
ELECTRONICS ENGINEERS 100.00
ELECTRICIAN 35.00
EQUIPMENT RENTAL & LEASE 100.00
EXTERMINATING - Termite 100.00

Occupation Ordinance No. 5b9 Continued
page 6
FACTORIES (Manfacturing)
FARM & GARDEN STORES Inventory

Schedule II
FEED & SEED STORES Inventory

Schedule II
FINANCIAL INSTITUTIONS:
Total Resources - Deposits
o 15,000,000 250.00
15,000,001 25,000,000 500.00
25,000,001 50,000,000 750.00
50,000,001 and over 1,000.00
FLOOR COVERING Inventory
Schedule II
FLORISTS (Retail) 75.00
FLORISTS (Nurseries)
FORTUNE TELLERS 4r~50.oo AJ~e.! O;a.J. ~o.G.3A-
FOUNDRY MACHINE SHOP 50.00
FRUIT & VEGETABLE STANDS 30.00
FUNERAL HOMES 150.00
FURNITURE REFINISHING & UPHOLSTERY 50.00
GAS FILLING STATIONS (One Location)

(a) First pump 50.00
(b) Each additional pump 7.50
(c) Selling other merchandise (See Inventory)
GLASS INSTALLATION 100.00
GOLF COURSE (Miniature Golf) 30.00
GRAVEL CRUSHING & SCREENING (Each Truck) 25.00
GROCERY (Wholesale) Inventory
Schedule II
GROCERY STORES Inventory
Schedule II
H
HARDWARE STORES Inventory
Schedule II
HARNESS OR SHOE REPAIR 30.00
HOME FURNISHINGS Inventory
Schedule II
HOUSEHOLD APPLIANCES Inventory
Schedule II
I
ICE COMPANY 75.00
ICE CREAM FACTORY 100.00
ICE CREAM - Retail 40.00
ICE DISTRIBUTORS 50.00
(a) Per cabinet 2.50
ffiSOAANCE A~ ~ nJ;t-L 100.00
-IN~.. -U£J.L'II.l.O\£JuetT)·'-. .i > 35.00
-~.:wR--H!E~ 100.00
INTERIOR DECORATOR SHOP 50.00
INTERIOR DECORATOR/CONSULTANT (Each) 35.00
page 7
I (Continued)
IRON & JUNK DEALER (Metal) 100.00
IRON·BROKER 100.00
ITINERANT BUSINESS (Each Day) 25.00
ITINERANT BUSINESS (Each Year) 100.00
J
JANITOR SERVICE (Buildings/Homes/Window Cleaners) 50.00
JEWELERS Inventory
Schedule II
JEWELERY - Itinerant -First day 10.00
-Each day thereafter 5.00
JUNK & SECOND HAND 50.00
K
KENNELS (Pet Boarding/Grooming) 50.00
L
LANDSCAPE/ARCHITECTURAL CONTRACTORS (Tree Surgeons) 100.00
LAUNDERERS (Industrial) 75.00
LAUNDRY (Coin Operated) 35.00
LAUNDRY ROUTES (Residential &Commercial) 75.00
LAUNDRY WITH DRY CLEANING 50. OO~
LEASING OR RENTAL AGENTS: Rates
(a) 0-3 -0-
(b) Residential 2.50 per unit
;4dJeJ.b~ OU.
. -\- Co~",e"eltil.R
\15
"'0."e3
~
t
-,--5- .jt-~ 5.00 E;"C. i)
<.,-up 50.00 J:~"
Sob\eA:5~tJ~
\-3 #I.'~.50 J:p.~h
.d-- up d 5.00 E:AC-h
LOCKSMITH 45 00
0
LOAN AGENT 100.00

LOAN COMPANY:
(a) Money 100.00
(b) Pawnbroker 100.00
(c) Personal Lean Company 100.00
(b) Real Estate Loan 75.00
M
MANUFACTURING COMPANIES:
Employees Rate
1-3 50.00
4-10 100.00
11-15 150 00
0
,
, 16-20 200.09
21-30 400.00
31-40 600 00
0
41-50 800.00
51-60 1,000,,00
61-70 1,200.00
71-up 1,400.00
occupation Ordinance No 589 Cont~u~~~
page 8
M (continued)
MARBLE DEALERS (Markers/Stonecutters) 50.00
MEDICAL EQUIPMENT & SUPPLIES Inventory
Medl~AI CoNsol+A.~-ts-EA~" ~ \50.00 If\d.dc.d. b-.jORJ..'5A) Schedule II
MILK,DISTRIBUTORS:
(a) Just Warehouse 35.00
(b) Each Truck 25.00
MISCELLANEOUS SPORTING FACILITIES 100.00
MOBILE HOMES, TRAILERS, R:V. "s DEALERS 150.00
(a) Equipment/Parts 50.00
(b) Parks 50.00 plus
2.50 per space
MOTELS 50.00 plus
3 ••
50 per unit
100.00
~:~ ~~::oser;~additional
100.00
MOTION PICTURE SHOWS 100.00
MOTORCYCLE DEALERS 100.00
MOTOR FREIGHT LINE - Warehouse 250.00
MUSICAL INSTRUMENT STORES Inventory
Schedule II
N
NAPRAPATH 150.00
NEWS STAND 5.00
NURStNG HOMES 400.00
NURSERIES (Children)
(a) 1-5 15.00
(b) 6-15 20.00
(c) 15- or more 30.00
NEWSPAPER 200.00
o
OCCULIST 150.00
OFFICE SUPPLIES & FURNITURE Inventory
Schedule II
OPTICIAN 150.00
OPTOMETRIST 150.00
OSTEOPATH 150.00
ORTHODONTIST 150.00
P
PET SHOPS 35.00
~~~-
PLUMBING CONTRACTOR~~
POULTRY DEALERS
~~ ~~~~~~~~~~J~ 100.00
75.00
PRINTING COMPANY 50.00
R
RADIO STATION 200.00
RADIO-T.V. & ELECTRONICS Inventory
.£e~l Est41o/A~!)OOIRte Bl<o~S.4l.eS PeR.500lJ (E4C ~ 35.00 Schedule II
REAL ESTATE \e+~d b'i oAd. ~o' G;,34. 100.00
35.00
100.00
100.00
RECREATIONAL CLUBS - Health/Pool/Spa Centers 150.00
page 9
R (continued)
,
RECREATIONAL HALL 50.00
RECREATIONAL - Miscellaneous Facilities 100.00
REPAIR SHOPS (Not Cars) 35.00
REPAIR SHOPS (Watches and Clocks) 50.00
RETAIL STORES (Miscellaneous & Wholesale) Inventory
Schedule II
RESTAURANT (See Cafe) - Retail Misc.
S
SALES & SERVICE, ETC. - Miscellaneous 30.00
Inventory
Schedule II
SEWING MACHINE AGENT 35.00
SHOE, SHINE OPERATORS 10.00
SHOE STORES Inventory
Schedule II
SIGN'PAINTERS/INSTALLER & MANUFACTURERS 50.00
SKAT ING RINK 75.00
SPORT STORES Inventory
Schedule II
STOCK BROKER 100.00
SURVEYORS 150.00
T
TAILOR - Agent, Salesman 50.00
TAILORING 50,,00
TIN & SHEET METAL SHOPS 100.00
TIRE RECAPPING SERVICE 50.00
TIRE SALES & SERVICE Inventory
Schedule II
TOURIST COURTS (See Motel)
TRADING STAMP STORE 50.00
TYPEWRITER/OFFICE MACHINERY & SUPPLIES Inventory
Schedule II
U
UNDERTAKER/EMBALMERS (Each) 75.00
UPHOLSTERY SHOPS 50.0.0
V
VETERINARIAN 150.00
W
WAREHOUSE - Public Units (Each) ~50

WAREHOUSE - Storing & Shipping 100.00 plus
25.00 each truck
WELDING & SUPPLIES 35.00
Occupation Ordinance No. 5b9 Continued
page 10
SCHEDULE II
INVENTORY
0 $ 5,000 $ 30.00
$ 5,001 $ 10,000 $ 60.00
$ 10,001 $ 25,000 $ 130.00
$ 25,001 $ 50,000 $ 155.00
$ 50,001 $ 100,000 $ 180.00
$ 100,001 $ 200,000 $ 205.00
$ 200,001 $ 250,000 $ 230.00
$ 250,001 $ 300,000 $ 330.00
$ 300,001 $ 400,000 $ 430.00
$ 400,001 $ 500,000 $ 530.00
$ 500,001 $ 600,000 $ 630.00
$ 600,001 $ 700,000 $ 730.00
$ 700,001 $ 800,000 $ 830.00
$ 800,001 $ 900,000 $ 930.00
$ 900,001 $ 1,000,000 $ 1,030.00
$ 1,000,001 $ 1,500,000 $ 1,280.00
$ 1,500,001 $ 2,000,000 $ 1,530.00
$ 2 ,OO~ i
~~ 1'4 -1 ~!4 1!fB AJd<::d.. bj 0 ~d..N0 .~3A-
:t;o~ '1 . ll\C\de.d by OQ.d.. 1'0\0. ,3"
$ 1,780.00
SECTION 8. False Statements:

It shall be unlawful for any person to knowingly make a
false statement in the application for any license required by this
Ordinance for the purpose of defrauding the City of the just
license fees.
SECTION 9. Transfer and Assignment:
Any person who shall sell, transfer, or assign all of his
interest in any business to any other person may transfer to such
other person by written assignment said license by notifying the
City Clerk in writing of said transfer and by endorsing such
license on the reverse side thereof.
SECTION 10. Penalty for Violation:
Any person engaged in business without first having procured
a license therefore as provided herein, and paid the requisite fee
therefore as provided herein, shall be deemed guilty of a misdemeanor
and shall, upon conviction, pay a penalty of twice the amount of
such license fees due plus the cost of collection, and a fine of not
less than Two Hundred Fifty Dollars ($250.00) nor more than Five
Hundred Dollars ($500.00), and each day of operation of such
business without payment and procurement of said license shall
constitute a separate and distinct offense.
The prOVisions of this Ordinance shall be deemed severable
and the invalidity, unenforcability, or unconstitutionality of any
section, clause, phrase, sentence, or part thereof, shall not effect
the validity, enforceability,or constitutionality of any other
section, Clause, phrase, sentence,or part therof.
SECTION 12. Constitutionality:
If any section of this ordinance should be held unconstitu-
tional, then ruling shall in no way impair the validity of the
remaining parts of this ordinance.
SECTION 13. Repealer:
All Ordinances or parts of Ordinances, or amendments thereto,
in conflict with this Ordinance, are hereby repealed, including,
but not limited to Ordinance Number 514.
Occupation Ordinance No_ 589 - Continued
page 11
SECTION 14. Emergency:

the health and safety of the citizens of Mountain Home, Arkansas
as fees generated by this Ordinance are necessary for the essential
operation of the City, an emergency is hereby declared to exist and
this Ordinance shall be in full force and ef~ect from and after its
PASSED AND APPROVED this the lOth day of January, 1980.
APPROVED:
ATTEST:
OCCUPATION TAX ORDINANCE

ORDINANCE NO. 590
AN ORDINANCE ANNEXING PROPERTY

CONTIGUOUS THEREWITH TO THE CITY
OF MOUNTAIN HOME, ARKANSAS, AS
COMMERCIAL C-2 PROPERTY, MAKING
THE SAME APART OF SAID C.ITY AND
REZONING A PORTION OF SAID PRO-
PERTY FROM R-l TO C-2 AND AMEND-
ING ORDINANCE NO. 163 WITH RES-
PECT TO AREA REZONED

Baxter County, Arkansas '0 by Dav.id L. Osmon and Janet Osmon,
his wife, and David K. Drake and Bettye J. Drake, h~s wife,
the owners of the hereinafter described real estate, praying
that the said lands be annexed and be made a part of the
City of Mountain Home, Arkansas, and;
WHEREAS, on the lOth day of December, 1979, the

County Court of Baxter County, Arkansas, found the said
Petition was signed by the attorney for the fee simple
owners of the property; that the territory is contiguous
with the present corporate city limits of the City of
Mountain Home, Arkansas; that accurate plats or maps of said
territory showing the relationship to the present city have
been filed and made a part of said annexation petition; and
proper notice, having been given, of the time and in the
manner prescribed; and the said lands and territory should
be annexed to the City of Mountain Home, Arkansas subject to
the acceptance of same by the City Council of the City of
Mountain Home, Arkansas, at the proper time as provided by
law, and;
WHEREAS, the time fixed by law for appealing said Order

of Annexation.made by the County Court has expired, and no
appeal has been taken therefrom, and;

Council of the City of.Mountain Home, Arkansas, has heard
all persons desiring to be heard, and has ascertained that
said Petition was signed.by the attorney for all the owners
of said real property and said territory.
WHEREAS, it is difficult to determine the exact location

of the city.limit line and the City Council has determined that
it is best that the annexation and rezoning ordinance be combined.
WHEREAS, proper Petitions were filed by property owners

Home, arkansas; that notice of said Petition and a public
hearing the ron was published in a newspaper having local
circulation as required by Ordinance No. 163 on the posting
NOW, THEREFORE, be it ordained by the City Council of

1. That the protion of the following describedland

and territory that is contiguous with and adjoining the City
of Mountain Home, Arkansas, be and the same is hereby annexed
to the City of Mountain Home, Arkansas, and to Water and
Sewer Improvement District No. 3 as C-2 Commercial property,
to-wit:
All that part of the NWi NWi of Section 3

Township 19 North, Range 13 West, of the
Ordinance No. 590
following described property located in

Baxter County, Arkansas, which is North of
the North line of the st st
NWt NWt, Section
3, Township 19 North, Range 13 West, described
as follows: Beginning at the NE corner of the
NWt NWt, Section 3, Township 19 North, Range
13 West, run N. 87 deg. 47' 50" w, 150 feet;
thence S. 3 deg. 10' 40" W. 569.22 feet to
point of beginning. From point of beginning
run S. 79 deg. 36 I 48" cW. 1074.72 feet; thence
S. 2 deg. 47' 32" w, 514.79 feet; thence N. 78
deg. 07' 58" E, 125.16 feet; thence S. 2 deg.
02' 08" E., 42.69 feet; thence N. 77 deg. 55'
45" E, 203.22 feet; thence N. 79 deg. 361 48"
E, 739.42 feet; thence N. 3 deg. 24' 26" E,
416.17 feet; thence N. 3 deg. 10'.40" E, 133.83
feet to the point of beginning. Containing
2. That the following described land located within the

City of Mountain Home, Arkansa~ should be and the same is
hereby rezoned from R-l Residential to C-2 Commercial, to-wit:
A part of the wt
of the NWt of Section 3, Township
19 North, Range 13 West, Baxter County, Arkansas,
described as follows: Beginning at the NE corner
of the NWt NWt of Section 3, Township 19 North,
Range 13 West, run North 87 deg. 47' 50" West
150 feet; thence South 3 deg. 10' 40" West to
the point of intersection with the North boundary
line of the st st
NWt NWt of Section 3, Township
19 North, Range 13 West, for the point of beginning
of the property herein described. From the point
of beginning of the property herein described, run
thence North 87 deg. 47' 50" West 1042.49 feet to
a point on the East boundary line of a street known
as Cardinal Drive; run thence South 2 deg. 47' 32"
West 328.33 feet, more or Less, to the North boundary
of the Lois Jean Easdale property; run thence South
78 deg. 07' 58" West 6.82 feet to the NW corner of
the Easdale property; thence South 6 deg. 28' 30"
West 322.49 feet to the point of intersection of the
East right of way line of Cardinal Drive with the
North right of way line of US Highway 62; run thence
NE with the meanderings of the North right of way
line of US Highway 62 as follows: North 70 deg. 13'
20" East 285.96 feet; thence North 74 deg. 25' 20"
East 90.48 feet; thence North 77 deg. 27' 20" East
233.39 feet; thence North 79 deg. 40' 07" East 172.58
feet to the SW corner of Wendy's property; thence
North along the West line of the Wendy's property
3 deg. 17' 40" West 209.18 feet to the NW corner of
the Wendy's property; thence North 79 deg. 28' 30"
East 357.36 feet to a point; thence North 2 deg.
51' 30" East 129.22 feet, more or less, to the point
of beginning, containing herein 9.72 acres, more or
less.
PASSED AND APPROVED this lOth day of January , 1980.
APPEOVED:
~~~<~
ATTEST:
Annexation &. RE'zoning of Osmon-DrakE' property-Hwy 6:2 NE W. of Wendy's

ORDINANCE NO. 591
AN ORDINANCE APPROPRIATING
MONIES TO PAY COURT ORDERED
COMPENSATION AND BENEFITS;
DECLARING AN EMERGENCY, AND
FOR OTHER PURPOSES.
WHEREAS, on the 27th day of December,-1979, the United

States Court of Appeals for the 8th Circuit, in Case No. 79-1589
and 79-1602, affirmed the decision of- the Uni ted States
District Court for the Western District of Arkansas, declaring
Mountain Home City Ordinance No. 535 unconstitutional, and
reversing the United states District Court in upholding Ordinance
No. 534 constitutional, declaring it the same to be unconsti-
tutional and VOid, and ordering the City to pay, among other
things, lost wages and back benefits unto the plaintiff; and
WHEREAS, no moni.es were set aside as a reserve for the

contingency of having to' pay this Judgment.

Section 1. ,The City Clerk is hereby authorized and

directed to pay unto the Plaintiff, William Stephen Crain,
pursuant to the decision 'Of the United States Court of Appeals
for the 8th Circuit, st. Louis, Missouri, rendered on December
27, 1979, the amount of comp:e.nsation in effect prior to the
effectiveness of the unconstitutional Ordinance No. 534,
namely, Resolution No. 89', the amount of EIGHT THOUSAND FOUR
HUNDRED DOLLARS AND 00/3100 ($8,400.00) and benefi.ts for health
and hospitalization insurance· in the sum of EIGHT HUNDRED
FORTY-FIVE DOLLARS AND 52/100- ($845.52), the total sum of
NINE THOUSAND TWO HUNDRED FORTH-FIVE DOLLARS AND 52/100
($9,245.52), hereby being appropriated_for the payment of the
same.
Section 2. This Ordinance is necessary for the preservation

of the health, safety and welfare of the cit,zens of Mountain
Home, Arkansas as the mandate from the 8th Circuit Court of
Appeals has, or will be issued, and Judgment and execution
for such sums of money might thereafter be issued against the
City Treasury, an emergency is hereby declared to exist and
PASSED AND APPROVED this 24th day of January, 1980.
APPROVED:
ATTEST:
court order to 2
WHEREAS, it is determimed by the City Council of
Mountain Home, Ark~nsas, that current or existing rates
charged for water and sewer service by the City of Mountain
Home are not adequate for the operation and maintenance of
the water and sewer system and to retire the bonds and
provide the margin of security for the bonds required and
issued in accordance with Ordinance No. 235, ~nd;
WHEREAS, the cost of maintenance of the water and

sewer system has increased since the fates were established
and imposed by Ordinance No. 395, dated April 22, 1974, and;
WHEREAfi,. there are prgposedexpendi;tures for the

water and sewer system of the City of=Mountain Home in the
1980 fiscal year in excess of 105 million dollars, and
additional revenues are n~eded for such expenditures,
and;
WHEREAS, on several occasions the City Council

has formally and informally taken under advisement the
comments of the citizens and residents concer~ing the
Mates to be imposed, and;
WHEREAS, after due consideration and deliberation

the City Council finds and determines the rates as set
out in this Ordinance to be reasonable and necessary;
NOW, THEREFORE, BE IT ORDA~NED BY THE CITY COUNCIL

Section 1. This Ordinance shall be known as the

Water and Sewer Rate Ordinance.
Section 2. Water Rates:
WATER SERVICE RATE SCHEDULE
The rates paid by any person for water furnished shall

be as follows:
(a) AVAILABILITY
No more than one residential unit or one busipess

house shall be served through one meter except where
this condition now exists or where special conditions
make it more practical to serve through one meter.
Where more than one residence unit (such as a resi-

dence, apartment, mobile home, housekeeping, or
other unit) or business establishment are served
through one meter, the minimum will be based upon
a 3/4" meter for each class of service and will be
increased in proportion to the number of units
served through one metero
Pe.pe.A\ed
(b) MONTHLY RATE
First 2,000 gallons or less per month Minimum Charge
Excess over 2,000 gallons used per month:

Residential and Commercial service $ 0.65 per 1000 gallons
Industrial service 0.60 per 1000 gallons
(c) MINIMUM CHARGE
3/4" meter $ 3.00 per month
Co:m.mercial'a:n:d'Indu:strial
Customers
3/411 Meter $ 6.50 per month

Il
I" 11.50 II
II II
1 1/4 17.50
II II
1 1/2 24.00
2"
3" '
"
II
49.00
99.00
"
II
II II
4" 149.00
II
6"
8" II
292.50
607.50
"II
Section 3. Sewer:
(a) AVAILABILITY
Residential Service applies to each residential unit

such as a residence, apartment, mobile home, or house-
keeping unit and the rate quoted below is applicable
to each unit regardless of the'number in a building
or at a given location.
Commercial or Industrial Service applies to each

commercial or business establishment and where more
than one such establishment is served through one
water meter the minimum will be increased in pro-
portion tb the number of units served through said
meter.
(b) MONTHLY RATE
The rates paid for sewer furnished shall be based

upon the amount of water consumed and as follows:
(a) First 2000 gallons or less per month $ 3.50
(b) Each 1,000 gallons thereafter

per 1,000 gallons $ 0.50
Section 4e Special Application:
(a) Outside City: For water supplied to any

residence, commercial or industrial consumer
entirely located outside the corporate limits
of the City of Mountain Home, Arkansas, such
person shall pay double or two times the
amounts applicable for water as set forth in
Section'2, hereinabove.
(b) Separate Metering:
Commercial and industrial customers may in-

stall, at their or its own expense, a meter
for the metering of sewage discharge into the
sewer system of the City and will pay the rate
for the discharge of sewage entering the sewer
system without regard to the quantity of water
consumed and shall pay on the basis of the rates
set forth hereinabove in Section 3. Provided
further such person execute a separa~e contract
which shall include, but not be lindted to, a
limitation upon the volume of waste water dis-
charged into the City's sewer system, a minimum
allowance per pound of BOD (Bio-chemical
Oxygen Demand, 5-day), incjuding suspended solids,
per 1,000 gallons of discharge with a minimum
charge per pound in excess thereof, for test-
ing the quality of the waste and the intensity
of materials found therein, and complying
with the provisions of Ordinance No. 216.
(c) For the purpose of this Ordinance, apartment

complexes, houses, duplexes and mobile home
parks shall be considered a residence and the
residential rate shall be applicable thereto,
provided however, both minimum and consumption
rates shall be increased in porportion to the
number of units served through one meter and
provided further, where more than one meter is
required to serve a single consumer, the sizes
will be combined for the purpose of determining
the minumum rate.
Cd) A commercial consumer furnishing two or more

separate business entities shall pay the mini-
mum rate set forth for a 3/4" meter times the
number of business entities therein as set
forth ~n Section 2 (b) and Section 3 for water
used.
(e) Size of Meter:
The size of meter will be approved by the

Section 5. PaYment, Penalties and Reconnection

Charges:
(a) Bills for water and sewer services shall be

rendered monthly and are due and payable
upon receipt and before the fifteenth day of
each month following receipto
(b) NonpaYment of any bill for water or sewer

services unpaid ten (10) days after the
same is due, shall incur in addition to
the amount of such bill a penalty of 10%
of the amount thereof.
(c) Delinquency~ Any bill remaining unpaid

twenty (20) days after the same is due is
delinquent and the City shall discontinue
service.
Cd) Reconnection Feeo Every person shall pay

in addition to the bill and applicable penalties
thereon, a reconnection charge to reinstate
water and/or sewer service at any time after
the City has disconnected service, a charge
of $5.00.
(e) Taxes. In addition to the bills, penalties,

reconnection charges applicable, if any,
every person shall pay the applicable state
sales taxes thereon, if any.
Section 6. Availability.
No more than one residential unit or one business
shall be served through one water meter, except where this
RepeA.\ed,
condition now exists on the effective date of this Ordinance
or where special conditions exist that make it more practi-
cable to serve through one meter.
Section 7. Special Application .•
Any person who is a commercial consumer, including,

but not limited to nurseries and greenhouses, consuming
water that does not enter the sewer system, may have a
separate meter installed and shall not be billed for sewer
services for water measured through such meter provided
the same does not enter the sewer system •.
Section 8. Wholesale Reservation.
The City does, notwithstanding the provisions of

this Ordinance, reserve the right and responsibility to
determine wholesale water rates for water supplied for re-
sale to and used by large consumers, including, but not
limited to) governmental units, water associations, and
improvement districts. Such wholesale, rates shall be set
and established-from time_ to time as necessary by agreement
and contract with, any such entity and by Ordinance of the
City of Mountain Home.
Section 9. Custodian of Revenues.
The Treasurer of the City shall be the custodian

of revenues from the collections of water and sewer rates
as imposed by this Ordinance and shall give bond as required
by law to be approved by the Trustee in accordance with
Ordinance No. 235 •.
Section 10. Application of Revenues.
Revenues received by the Treasurer shall be applied

in accordance with the provisions of Ordinance Noo 235 in
the different funds created by Ordinance No. 235 in such
depository or depositories as the City may lawfully designate
from time to time, subject, however, to the giving of
security by such depository as now or hereafter may be
required by law. All deposits made by the Treasurer shall
be in the name of the City and shall be so designated as
to indicate the particular fund of which ther revenue
belongs as set forth in Ordinance No. 235,
The following terms, words and phrases, as used

in this Ordinance, shall have the following meaning, unless
the context hereof clearly requires otherwise, and the
singular shall include the plural and vice-versa and the
masculine shall include the feminine and vice-ve~sa.
(a) City: The term "City" as used in this
Ordinance shall mean the City of
(b) Person: The term "Person" as used in

this Ordinance shall mean a person, firm,
partnership, association, corporation or
venture.
and shall supplement and compliment the definitions as set

forth in Ordinance No. 216 of the City of Mountain Home,
Arkansas.
The provisions of this Ordinance shall be deemed

severable and the invalidity, unenforceability, or unconsti-
tutionality of any section, Clause, phrase, sentence or part
thereof, shall not affect the validity, enforceability, or
constitutionality of any other section, clause, phrase,
sentence or part thereof.
Section 13. Constitutionality.
If any section of this Ordinance should be held

unconstitutional, such ruling shall in no way impair the
All Ordinances or parts of Ordinances, or amend-

ments thereto, in conflict with this urdinance, are hereby
repealed, including, but not limited to, Ordinance No. 395
and No. 268.
This Ordinance is necessary for the preservation

Arkansas, as the monies generated by the applicability of
the rates.herein set forth are necessary for the essential
operation of the City, an emergency is hereby declared to
PASSED AND APPROVED this 14th day of February, 1980 •
.APPROVED :
~ierce, Mayor
ATTEST:
~~
Berie Lop e .R. Fet(st, City Clerk
Water and Sewer Rates-repealed by Ordinance No. 599

ORDINANCE NO. 593
.AN ORDINANCE AMENDING ORDINANCE

No. 189; PRESCRIBING THE FRAN-
CHISE PRIVILEGE FEE FOR ARKANSAS
WESTERN GAS COMPANY; MANNER AND
METHOD OF PAYMENT; DECLARING AN
EMERGENCY AND FOR OTHER PURPOSESe
WHEREAS, Arkansas Western Gas Company was granted a

franchise on the 20th day of September, 1965, prescribing,
inter alia, upon construction of a natural gas system
that Arkansas Western Gas Company would operate and lease
such system for a period of fifteen years, during which
Arkansas Western Gas Company would be released, exempted,
or discharged from the payment of all municipal franchise,
occupation, license and excise taxes of any kind and
character (except, however, ad valorem taxes); and
WHEREAS, the City has not imposed or levied such

franchise, occupation, license or excise taxes of any
kind and character and such period of fifteen (15) years
will expire in September, 1980; and
WHEREAS, Arkansas Western Gas Company agrees that a

4% levy for the franchise or privilege fee is reasonable
and is willing to commence payment of the same effective
April 1, 1980 and thereafter; and
WHEREAS, the receipt of monies for the privilege of

providing utility services is necessary for the economic
and efficient administration of the City.

Section 1. Franchise Fees - Arkansas Western Gas

shall pay and in consideration of the grant of this permit,
privilege and authority, to the City as a tax or fee and
as compensation for the right and privileges enjoyed, a
sum equal to four (4%) percent, payable quarterly, of the
gross revenues received from customers within the corporate
limits of the City.
Section 2. Payment - Arkansas Western Gas shall pay

the fees provided for in Section 1 within thirty (30) days
after the end of each calendar quarter.
Section 3. Exemptions - The City hereby exempts,

relieves and discharges Arkansas Western Gas from the
payment of all municipal o£cupation, meter, and license
taxes of any other character whatsoever, except however,
ad valorem taxes, imposed by the City in lieu of the fees
and levy provided for herein.
Section 4. Effective Date - The effective date of

this Ordinance shall be April 1,1980.
Section 5. Severability - The provisions of this

Ordinance shall be deemed severable and the invalidity,
unenforeeability, or unconstitutionality of any section,
clause, phrase, sentence, or part thereof,shall not effect
the validity, enforceability, or constitutionality of any
other section, clause, phrase, sentence, or part thereof.
Section 6. Constitutionality - If any section of this

Ordinance should be held unconstitutional, then ruling shall
in no way impair the validity of the remaining parts of
this Ordinance.
Section 7. Definitions - The following terms, words

and phrases, as used in this Ordinance, shall have the
Ordinance No. 593
following meaning, unless the context hereof clearly

requires otherwise, and the singular shall include the
plural and vice-versa, and the masculine shall include
the feminine and vice-versa."
(a) City: The term "City" as used in this Ordinance

shall mean the City of Mountain Home, Arkansas.
(b) Arkansas Western Gas: The term "Arkansas Western

Gas" as used in this Ordinance shall mean Arkansas
Western Gas Company, P.O. Drawer I, 15 West 6th
street, Mountain Home, Arkansas.
Section 8. Emergency - This Ordinance is necessary

for the preservation of the health and safety of the
citizens of Mountain Home, Arkansas, as the monies generated
by the applicability of the fees herein set forth are
necessary for the essential operation of the City, an
emergency is hereby declared to exist and this Ordinance
shall be in full force and effect from and after its
passage and publications
APPROVED:
ceLeQ
Qllald E. Pierce, Mayor
ATTEST:
Arkansas Western Gas Franchise

ORDINANCE NO. 594
AN ORDINANCE REPEALING ORDINANCE

NO. 398; DECLARING AN EMERGENCY
WHEREAS, Act 387 of 1941 and Amendment 31 to the

Arkansas Constitution requires a referendum prior to the
establishment of the fund specified by Ordinance 398;
and
WHEREAS, such referendum was not held; and
WHEREAS, the City is no longer desirous of assessing

such costs as provided in Ordinance No. 398 upon those
convicted in its Municipal Court;

THE CITY OF MOUNTAIN HOME, ARKANSAS, that Ordinance No.
398 is hereby repealed in its entirety.
EMERGENCY CLAUSE
The Ordinance being unenforceable and refund of

monies collected or used by the City being immediately
necessary~ an emergency is hereby declared to exist and
the Ordinance being necessary for the preservation of
the public health and safety, the same shall be in full
force and effect from and after its passage and
publication. 0
APPROVED:
ATTEST:
J/~s'hL
REPEALING ORDINANCE NO. 8-POLICEMENS BENEFIT FUND

ORDINANCE NOo 595

NO. 268 THAT IMPLEMENTED ORDINANCE
NO. 235 WITH RESPECT TO CHARGES FOR
METERS FOR WATER; PROVIDING THE
TIME,MANNER AND MEANS FOR PAYMENT;
PURPOSES.
WHEREAS, it is determined by the City Council of

Mountain Home, Arkansas that current or existing charges
for meters furnished by the City of Mountain Home is not
adequate for the cost of procuring and installing the
same; and
WHEREAS, after due consideration and deliberation,

the City Council finds and determines such charges and
rates as set out in this Ordinance to be reasonable and
necessary,

OF MOm~TAIN HOME, ARKANSAS:
Section 1. Deposit.
Every person furnished water by the City shall

pay the following deposits corresponding to the class of
service received by such person as set forth in this
schedule:
(a) Residential $25 00

0
(b) Commercial & Industrial -~$25.00 or two-times

minimum monthly water
billed (based upon)
meter size), which-
ever is greater.
Section 2. Meter Size.
The size of meter to be installed shall be determined

by the City.
Section 3. Connection and Installation Charges.
(a) Residential Service. Every residential

consumer shall pay a connection fee of
TWO HUNDRED TWENTY-FIVE AND 00/100
($225.00) DOLLARS for connection to the
City's water facilities which shall
include the normal installation of a
5/811 X 3/4." water meter.
(b) Commercial and Industrial. Every person

shall pay a connection fee of TWO HUNDRED
TWENTY-FIVE AND 00/100 ($225.00) DOLLARS
or the actual cost of such water meter
installed, including labor and materials,
whichever is greater.
(c) Additional Charges. The charges set forth

hereinabove in subsections (a) and (b)
of this section, are in addition to
procuring the requisite permit and payment
of fees as required by Ordinance No. 567
to cut a street ..
Section 4.. Special Application
(a) Sewer. There shall be no connection to

the City's sanitary sewer system that is
not physically located within the corporate
limits of the City.
(b) Water. Every person whose property is

Ordinance No. 595
physically located outside the corporate

limits of the City, shall pay a connection
fee of double or two-times the amount
.applicable as set forth hereinabove for
the installation of a water meter.
Section 5. Payment.
The fees and charges as hereinabove set out are

due and payable as follows:
(a) Meter installation charge - due and payable

prior to installation and setting of meter.
(b) Deposits due and payable prior to turning

water on.
(c) In addition to the various charges and

fees applicable, everype~son shall pay
the applicable state sales tax~s thereon,
if any. '
Section 6. Refund of Deposit.
The City shall refund to any person the deposit

paid by such person upon the 't ermf.na tLon of water service,
less such person's outstanding bill for water and/or sewer
services, penalties, reconnection fees and taxes applicable,
if any, thereon.
The following terms, words and phrases, as used

in this Ordinance, shall have the following meaning, unless
the context hereof clearly requires otherwise, and the
singular shall include the plural and vice-versa, and the
masculine shall include the feminine and vice-versa:

ordinance shall mean the City of Mountain
Home, Arkansas.

partnership, association, corporation
or venture.
and shall supplement and compliment the definitions as

set forth in Ordinance No. 216 of the City of Mountain Home,
Arkansas.

severable.
Section 90 Constitutionality.
The invalidity, unenforeability, or unconsti-

tutionality of any section, clause, phrase, sentence or
part thereof, shall not affect the validity, enforceability,
or constitutionality of any other section, clause, phrase,
Section 10. Repealero

ments thereto, in conflict with this Ordinance are hereby
repealed, including, but not limited to Ordinance No. 268.
Ordinance No. 595

the charges herein set forth are necessary for the essential
and efficient operation of the City, an emergency is,
hereby declared to exist and this Ordinance shall be in
full force and effect from and after its passage and
publication.
APPROVED:
qjj[;!!d:, @. ·
ATTEST:
Water Meter Installation charges and Water Deposit charges

ORDINANCE NO. 596

NO 586; REDUCING TO 4% THE
G
FRANCHISE PRIVILEGE FEE FOR

MOUNTAIN HOME TELEPHONE COMPANY;
DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.
WHEREAS the City deems it necessary to have a uniform

franchise fee for all utility companies operating with the
City; and
WHEREAS, the Mountain Home Telephone Company franchise

or privilege fee was increased to 5% in November 1979;
and
WHEREAS to equalize the franchise or privilege fees

paid to the City .

MOUNTAIN EOME, ARKANSAS:
The figure "5%" in Section I of Ordinance No. 586

is hereby deleted and inserted therefor 'the fig1;lre"4%".
Emergency--In order to effectuate a uniform franchise

or privilege fee for all utility companies operating within
the City as soon as practicable, an emergency is hereby
declared to exist and this ordinance shall be in full force
and effect from and after its passage and approval.
APPROVED:
..(~ .. if··· / . p
~",J;jc_ , l~J
;;nald E. Pierce, Mayor
ATTEST:
~~L
Penelope R. Fest, City Clerk
Lowering franchise fee from 5% to 4% for Mountain HOme Telephone Coo

ORDINANCE NO. 597
AN ORDINANCE DECLARING AN
EMERGENCY AND SUSPENDING THE
REQUIREMENTS OF COMPETITIVE
BIDDING ..
WHEREAS, the City of Mountain Home, Arkansas,

has need of materials for its water treatment plant; and

notice of competitive bids for acquisition of filter sand
is not feasible or practical due to the fact that such
filter sand is immediately necessary for placement in the
City's water treatment plant facilities; and
WHEREAS, in order to preserve and provide for the

public health, safety and welfare of the people an emer-
gency is hereby declared to exist and the rules requiring
competitive bidding be suspended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL

OF MOUNTAIN HOME, ARKANSAS.
Section 1. An emergency exists and publication of

legal notice for the requirement of competitive bids is
not feasible or practical.
Section 2. The requirement for competitive bidding


to purchase and acquire in the name of and on behalf of the
City of Mountain Home, approximately 136 tons of filter sand
and expend or pay for the same a maximum sum no greater
than FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00)
DOLLARS.
Section 4. The placement of filter sand in the City's

water treatment facilities is necessary before the onset
of the hot summer months and an emergency is hereby de-
clared to exist and this Ordinance shall be in full force
ATTEST:
Suspending bidding for filter sand for water treatment plant

ORDINANqE NOo 598

NOs 163 AS AMENDED WITH REFERENCE
ARKANSAS, RELATIvE TO CHANGING
AREA ZONED AS RESIDENTIAL R-l
TO COMMERCIAL C-3

That a proper Petition was filed by property owners

requesting a change in zoning; that said Petition was sub-
Home, Arkansas; that due and proper notice of said Petition
was posted and then published in a newspaper having general
circulation in the City more than fifteen (15) days. prior
to any public meeting; that a public meeting was held in
all remonstrances, if any, heard, on March 3rd, 1980; after
which the Planning Commission by a majority vote of the
members present recommended that the property described
herein be rezo~ed as requested. . "
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE

That the following described real property situated in

the City of Mountain. Home, Arkansas, be and is hereby changed
in zpning from Residential R-l to Commercial C-3:
That part "of'the S 1/2 NW 1/4 Section 4, Township 19

North, Range 13 West described as follows: Beginning
at a point 45.7 feet South of the North Line of said
80, and 1371.68 feet East of the North 1/16 Corner
between Section 4 and 5 (this point being a fence
corner at the NE corner of the property herein des-
cribed) run thence South 89 deg. 58' 15" West 372
feet a)cong fence to fence corner (this point being
47 feet South of North line of said 80) thence South
o deg. 16' East 150 ft., thence North 89 deg. 49'
30" West 160 feet to the East right-of-way of State
Highway 201; thence South with said East right-of-
way 250 feet; thence East 532 feet to a point; thence
North 400 feet to the point of beginning, containing
WHEREAS, the orderly rezoning of property for the pro-

jected use of the public and the construction of a doctors
clinic thereon in this instance will provide better quality
medical service to the citizens and is for the preservation
Arkansas, and will provide jobs in construction and will
greatly benefit the public, an emergency is deciared to
exist and this ordinance shall be in full force and effect
ENACTED this 13th day of March,1980 .•
APPROVED:
.. ' IiI
~
:??8~ .
. ~ 7~(' ~-~~-
~ ~d~ierce, Mayor
ATTEST:
Rezoning of Jeanne Howard property on 201 and Coley R-l to C-3

ORDINANOE NO. 599

NO. 592 AND 395 WHICH AMENDED
ORDINANCE NO. 268 THAT IMPLEMENTED
ORDINANCE NOG 235 WITH RESPECT TO
RATES FOR WATER AND SEWER FRUNISHED
BY ~HE CITY; ESTABLISHING MINIMUM
CHARGES FOR WATER AND SEWER FUR-
NISHED BY THE CITY; PROVIDING THE
TIME, MANNER AND MEANS FOR PAYMENT;
PRESCRIBING PENALTIES FOR PAYMENT;
PRESCRIBING PENALTIES FOR VIOLATION;
PURPOSES.
WHEREAS, it is determined by the City Council of

Mountain Home, Arkansas, that current or existing rates
charged for water and sewer service by the City of Mountain
Home are not adequate for the operation and maintenance of
the water and sewer system and to retire the bonds and pro-
vide the margin of security for the bonds required and
issued in accordance with Ordinance No. 235; and
WHEREAS, the cost of maintenance of the water and

sewer system has increased since the rates were established
and imposed by Ordinance No. 395, dated April 22,1974; and
WHEREAS, there are proposed expenditures for the water

and sewer system of the City of Mountain Home in the 198Q
fiscal year in excess of 1.5 million dollars, and additional
revenues are needed for such expenditures; and
WHEREAS, on several occasions the City Council has

formally and informally taken under advisement the comments
of the citizens and residents concerning the rates to be
imposed; and'
WHEREAS, after due consideration and deliberation the

City Council finds and determines the rates as set out in
this Ordinance to be reasonable and necessary; and '
WHEREAS, to repeal Ordinance No. 592, which referendum

petitions have been filed and to give consideration to
grievances expressed therein.

Section 1. This Ordinance shall be known as the

Water and Sewer Rate Ordinance.
Section 2. Water Rates:
,W.Ar~-·;$JEIW~~~TE~DULE z
RESIDENTIAL, ·C.OMMERCIAL .AND .INDlISTRIAL SERVICE
The rates paid by any person for water furnished shall

be as follows:
(a) AVAILABILITY

house shall be served through one meter except where
this condition now exists or where special conditions make
it more practical to serve through one meter.
Where more than one residence unit (SUCh as a resi-t
dence, apartment, mobile home, housekeeping,or other unit)

or business establishement are served through one meter,
the minimum will be based upon a 3/4" meter for each class
of service and will be increased in proportion to the
number of units served through one metero
Ordinance 599 continued
(b) MONTHLY RATE
First 2,000 gallons or less per month Minimum Charge
Excess over 2,000 gallons used

per month: $0.60 per 1,000 gal.
(c) MINiliMUMCHARGE
3/4" meter $3.00 per month
Commercial and Industrial

Customers
3/411 Meter $ 6.50 per month

I" Meter 11.50 per month
It II
Meter 17.50 per month
It " Meter 24.00 per month
2" Meter 49.00 per month
3" Meter 00 per month
99 ..
4" .Meter 149.00 per month
292 ..
607 ..
Section 3. Sewer:
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL

SERVICE
(a) AVAILABILITY
Resident~al Service applies to each residential

unit such as a residence, apartment, mobile home, or house-
keeping unit and the rate quoted below is applicable to
each unit regardless of the number in a building or at a
given location.
Commercial or industrial Service applies to each

commercial or business establishment and where more than one
such establishment is served through one water meter the
minimum will be increased in proportion to the number of
units served through said meter.
OM .~/5
Section 4. Special Application: '
(a) Outside City
For water supplied to any reSidence, commercial

or industrial consumer entirely located outside the
corporate limits of the City of MOillltain.Home, Arkansas,
such person shall pay double or two times the amounts
applicable for water as set forth in. Section 2, hereinabove.
Ordinance 599 continued
(b) Separate Metering
Commercial and industrial customers may install, at

their oWll,expense, a meter for the metering of sewage
discharged into the sewer system of the City and will
pay the rate for the discharge of sewage entering the
sewer system without regard to the quantity of water
consumed and shall pay on the basis of the rates set
forth hereinabove in Section 3. Provided further such
person execute a separate contract which shall include,
but not be limited to, a limitation upon the volume of
waste water discharged into the City's sewer system,
a minimum allowance per pound of BOD (Bio-chemical
Oxygen Demand, 5-day), including sus~ended solids,
per 1,000 gallons of discharge with a minimum charge
per pound in excess thereof, for testing the quality
of the waste and the intensity of materials found
therein, ~nd complying with the provisions of Ordinance
No. 216.
(c) For the purposes of this Ordinance, apartment

complexes, houses, duplexes and mobile home parks shall be
considered a residence and the residential rate shall be
applicabl~ thereto, provided however, both minimum and
consumption rates shall be increased in proportion to
the number of units served through one meter and pro-
vided further, where more than one meter is required to
serve a single consumer, the sizes will be combined for
the purpose of determining the minimum rate.
Cd) A commercial consumer furnishing two or more

separate business entities shall pay the minimum rate set
forth for a 3/4 " meter times the number of business
entities therein as set forth in Section 2 (b) and Section
3 for water used. '
(e) Size of Meter
The size of meter will be approved by the City of

Section 5. Payment Penalties and Reconnection Charges.
(a) Bills for water and sewer services shall be rend-

ered monthly and are due and payable upon receipt and be-
fore the fifteenth day of each month following receipt.
(b) Nonpayment of any bill for water or sewer services

unpaid ten (10) days after the same is due,shall incur in
addition to the amount of such bill a penalty of 10% of the
amount thereof.
(c) Delinquency. Any bill remalnlng unpaid twenty

(20) days after the same is due is delinquent and the
City shall discontinue service.
(d) Reconnection Feeo Every person shall pay in

addition to the bill and applicable penalties thereon, a
reconnection charge to reinstate water and/or sewer
service at any time after the City has disconnected
service, a charge of $5 00.0
(e) Taxes. In addition to the bills, penalties,

reconnection charges applicable, if any, every person
shall pay the applicable state sales taxes thereon, if any.
Section 6. Availability.

shall be served through one water meter, except where this
condition now exists on the effective date of this Ordinance
or where special conditions exist that make it more practi-

cable to serve through one meter.
Section 7. Special Application.
Any person who is a commercial consumer including,

but not limited to nurseries and greenhouses, consuming
water that does not enter the sewer system, may have a
separate me t er installed and sha l Luno t be billed for sewer
services for water measured through such meter provided the
same does not enter the sewer system.
Section 8. Wholesale Reservation.
The "City does, notwithstanding the provisions of this

Ordinance, reserve the right and responsibility to determine
wholesale water rates for water supplied for resale to and
used by large consumers,incluqing, but not limited to,.=-~
governmental units, water associations, and improvement
districts. Such wholesale_rates shall be set and established
from time to time as necessary by agreement and contract
with any such entity and by Ordinanc~ of the City of Mountain
Home.
Section 9. Custodian of Revenues.
The Treasurer of the City shall be the custodian of

revenues from~he collections of water and sewer rates as
imposed by this Ordinance and shall give bond as required
by law to be approved by;:;theTrustee in accordance with
Ordinance No. 235.
Section 10. Application of Revenues.
Revenues received by the Treasurer shall be applied

in accordance with the provisions of Ordinance No. 235 in
the different funds created by Ordinance No. 235 in such
depository or depositories as the City may lawfully
designate from time to time, subject, however, to the giving
of security by such depository as now or hereafter may be
required by law. All deposits made py the Treasurer shall
be in the :m.ameof the City 'and shall be so designated as to
indicate the particular fund of which the revenue belongs
as set forth in Ordinance No. 235.
The following terms, words and phrases, as useq

in this ordinance, shall have the following meaning, unless
the context hereof clearly requires otherwise,and and the
singular shall include the plural and vice-versa, and the
masculine shall include the feminine and vice-versa:

Ordinance shall mean the City of

partnership, association, corporation or
venture.
and shall supplement and compliment the definitions as set

forth in Ordinance No. 216 of the City of Mountain Home,
Arkansas.

severable and the invalidity, unenforceaIDility, or unconsti-
tutionality of any section, clause, phrase, sentence or part
thereof, shall not affect the validity, enforceability, or

If anysection,ofthis·Ordinance should be held


ments thereto, in conflict with this Ordinance, are hereby
repealed, including, but not limited to, Ordinance No. 395,
No. 268 and No. 592.
S~~tion 15. Effective Date.
This Ordinance shall be effective immediately upon

its passage and publication and rates as set out herein,
effective on March 1,1980.

of the health and safety of the ci~izells of MountainHome,
the rates herein set forth are necessary for the essential
operation of the City, an emergency ,is'l1e
reby declared to
PASSED AND APPROVED THIS 20th day of March,1980.
APPROVED:
~~~
ATTEST:
Penelope R. F/ist, City Clerk

Ordinance No. 600

AS AMENDED BY ORDINANCE NO. 433 WITH
ARKANSAS, RELATIVE TO CHANGING AREA
ZONED RESIDENTIAL R-l TO COMMERCIAL C-3

That a proper petition was filed by the property owner

mitted to the Planning Commission of the City of 'Mountain
recommended that all property described hereinafter be re-
zoned.
IT IS THEREFORE, ORDAINED BY~THE CITY COUNCIL OF

That the following described real estate in Baxter

County, Arkansas, be, and it is hereby changed in zoning
from Residential R-l to Commercial C-3.
Part of the Southeast Quarter, Section 5, Towns~ip 19

North, Range 13 West, Baxter County, Arkansas, more
particularly described as follows:
From the section,corner9ommon to Sections 4,5, 8 and

9 said township and range (existing tire on the west
edge of a 12 inch post oak tree in a fence corner)
go along the east line of Section 5 with bearing of
North 03 degrees 05 minutes 00 seconds East 662.85
feet to a set til rebar marked by a steel fence post
on the southerly right-of-way of Arkansas Highway
No.5 (30 ft. from centerline);
Leaving said section line, go along said highway

right-of-way North 48 degrees 35 minutes 55 seconds
West 435.74 feet to the point of beginning of tract
being described;
Continue along said highway right-of-way North 48 de-

grees 35 minutes 55 seconds West 157.84 feet to a fence
post on the southerly right-of-way of Hospital Drive
(25 ft. from centerline);
Go along said right-of-way of Hospital Drive South

84 degrees 54 minutes 07 seconds West 260.00 feet;
Leaving said right-of-way go South 05 degrees 05 minutes

53 seconds East 98.20 feet;
Then go South 48 degrees 35 minutes 55 seconds East

272.11 feet;
Then go North 41 degrees 24 minutes 05 seconds East

250.00 feet to the point of beginning, containing
l.50 acres.
WHEREAS adequate medical care and treatment is necessary

for the health, safety and welfare of the citizens of Mountain
Home, Arkansas, an emergency is hereby declared to exist, and
after its passage.
ENACTED THIS 3rd day of April, 1980, and declared effective

APPROVED:
~r-e4lf~~
ATTEAT: ~nald E. Pierce
(-/&n~<~
ORDINANCE'NO. 601
ANcORDINANCE AMENDING ORDINANCE

NO. 296 ASCAMENDEDBY ORDINANCE
NO. 433 WITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY
OF MOUNTAIN HOME, ARKANSAS, RELATIVE
TO CHANGING AREA ZONED RESIDENTIAL
R-l TO COMMERCIAL C-2

That a proper petition was filed by the property' owner

that notice of said petition and a public hearing 'thereon was
published in a newspaper having local circulation as required by
Ordinance No. 296 as amended by Ordinance No. 433; that a public
hearing was held; that all remonstrances were heard, after
described hereinafter be rez@ned.
IT IS THEREFORE,. ORDAINED BY THE CITY COUNCIL OF

That the followingodescribed real estate in Baxter County,

Arkansas, be and it is hereby changed in zoning from Resi-
dential R-l to Commercial C"";'2.
The West 70 feet and 6 inches of Lot No. 29,

in Block No. 1 in FIRST ADDITION TO LANGSTON
SUBDIVISION, as shown by the recorded plat
thereof.
ENACTED this 3rd day of'Apri~, '1980, and declared

effective 'from and after its passage.
APPROVED:
ATTEST:
~#:~
"
Rezoning Hudspeth Oil Company on Hwy 62 East R-l to C-2

AN ORDINANCE DECLARING AN EMER-
GENCYAND SUSPENDING REQUIREMENTS
FOR COMPETITIVE BIDDING
WHEREAS, numerous street signs throughout the City of

Mountain Home have veen vandalized, stolen or destroyed; and
WHEREAS, informal firm~price quotations were requested

and received from four (4) distributors, manufacturers or
dealers of street name signs in the States of Arkansas,
Texas, Nebraska and Illinois; and
WHEREAS, all set price quotations received were well

under catalog list prices, and are deemed to be equitable
and competitive; and
WHEREAS, publication of legal notice and competitive

bidding statutory procedure would not necessarily enhance
nor reach sufficient qualiFied bidders,
NOW, THEREFORE, BE IT ORDAINED BY THE ,CITY COUNCIL

OF THE CITY OF MOUNTAIN HOME, ARKANSAS Q

legal notice for the requirement of competitive bids is not
Section 2. The requirement for competitive bidding is

Section 3. The Mayor or his duly authorized~repre-

sentattve, is hereby authorized and directed to purchase
and acquire in the name of and on behalf of the City of
Mountain Home,' Arkansas, street signs from the Michael Todd
and Company, Inc., Omaha, Nebraska, as follows:
(1) Signs and hardware,

4-way assembly, complete
62 sets @ $23.50 per set = $1457 .•

00
(2) Posts
62 each @ $9.60 each = J 595.20
TOTAL F/O/B/ MOUNTAIN HOME = =~~~~~~~~

Section 4. Placement and erection of street signs is
creating hardships upon the residats of the City and visitors
thereof, an emergency is hereby declared to exist and this
its passage.
PASSED AND APPROVED this 3rd day of April, 1980.
APPROVED:
~--=:=:::> .(c ~
~~c:.~_ ~_~~
v
ATTEST:
~~#~
Suspending bidding-street signs

ORDINANCE NO. 603

NOS. 419 AND 424; DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES
WHEREAS, Oz'dLnarrces No. 419 and 424 created a municipal

park and recreation commission; and
WHEREAS, the park and recreation facilities of the

City are utilized not only by the citizens and residents
of the city but also citizens and residents of Baxter
County and tourists visiting the area; and
WHEREAS, in order to attract competent and civic minded

citizens of the city and others to serve-upon a committee
to be appointed by the Mayor to make recommendations to
the Council;
WHEREAS, to eleminate problems of a legal nature in

the interpertation of Ordinance No. 419 and 424,

OF MOUNTAIN HOME, ARKAN~AS: -
Section 1. Repealer
Ordinances No. 419 and 424 should b~, and each is

hereby specifically repealed in their entirety.
Section 2. Emergency
An emergency is declared to exist and this eOrdinance

being necessary in that, the ordinances repealed hereby are
no longer viable and useful, this Ordinance shall be 'in
PASSED AND APPROVED THIS 3rd day of April, 1980.
APPROVED:
~r~~,
RO;:ld ~e~ce, Mayor
ATTEST:
Penelope R. Fei/t , 'City Clerk

ORDINANCE,NO. 604
AN ORDINANCE VACATING AND ABANDONING

THE ALLEYWAY RUNNING BETWEEN LOTS 2
AND 7 OF DODDS ADDITION TO THE CITY
OF MOUNTAIN HOME, ARKANSAS
WHEREAS, a petition was duly filed wi th the City

Council of the City of Mountain Home, Arkansas, on the
3rd day of March, 1980, asking the City Council to vacate
and abandon that portion of the alleyway designated on the
plat of Dodds Addition to said City, as shown in the effice
of the Clerk and Ex..;..6fficioRecorderof Baxter County, as
lying between Lots 2 and 7 of said addition.

Council~has, at the time and place mentioned in the notice,
heard all persons desiring to be heard on the question and
has ascertained that the portion of the alleyway hereinbefore
described, has heretofore been dedicated to the public use
as an alleyway herein discribed, has not been actually used
by the public generally ever at any time since its dedication
that being for a period of at least five ,years subsequent to
the filing of the plat; that all the owners of the property
abutting upon the portion of the street to be vacated have
filed withihe Council their written consent to such abandon-
ment; and that public interest and welfare will not be ad-
versely affected by the abandonment of such street.

the City of Mountain,Home, Arkansas;
Section 1. The City of Mountain Home, Arkansas, hereby

releases, vacates and abandons all its rights, together with
the rights of the public generally, in and to that portion
of the alley de.signated as follows:
That. portion ·of the -alleyway lying between

and abutted by Lots 2 and 7 of Dodds Addition,
to the Ci,ty of MountainHome, cas shown by the
recorded plat thereof in the Office 'of the
Clerk and Ex-Officio RecordeF for-Baxter
County, Arkansas.
Section 2. -A copy of this ordinance duly certified,

by the City Clerk-shall be filed in the Office 0:1: the
Recorder of the County and recorder of deed records of the
County_
Sec t.Lon 3. This ord Lnance shall take ef:f'ectand be in

f orce.from and .after its -pa ssag e ,
PASSED AND APPROVED THIS lOth day of April, T980
APPROVED:
~;t:~
ATTEST:
~ L '_ •
Vacating & abanoning alleyways betweEn 2 & 7 Dodds Addition.

AS AMENDED WITH REFERENCE TO ZONING WITH-
IN THE CITY LIMITS OF THE CITY OF MOUNTAIN
HOME, ARKANSAS, RELATIVE TO CHANGING AREA

Th~~ a proper Petition was filed by property owners

requesting a change in zon Irig ; that said Petition was sub-
mitted to the Plan~ing Commission of the City of Mountain
Home, Arkansas; that due and proper notice of said Petition
was posted and published in a newspaper having general
circulation in the City more than fifteen (15) days prior to
any public meeting; that a public hearing was held and all
remonstrances, if any, heard, after which the Planning
Commission recommended that the property described herein
be rezoned as requested.
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE

CITY OF MOUNT4IN HOME, ARKANSAS:
That the following described real property situated in

the City of Mountain Home, Baxter County, Arkansas, be and
hereby is c~anged in zoning from Residential R-l to Commer-
cial C-2;
Tract 1. A part of Lot 2 of Dodd's Addition to the

town of Mountain Home, Baxter County, Arkansas, being
more particularly described as follows: Beg Lnn Ing at
the SE corner of said Lot 2, thence N. 1 degree 16
minutes E., 139.9 feet to the NE corner of said Lot 2;
thence west along the north line of said Lot 2, 1.4
feet to a point which is S. 64 degrees 13 minutes E.,
250.0 feet from the centerline of U. S. Highway No. 62;
thence S. 25 degrees 47 minutes W. parallel to the
centerline of U.S. Highway No. 62, 155.4 feet to the
south line of said Lot 2; thence east, 65.9 feet to
Tract 2. A part of Lot 7 of Dodd's Addition to the town

of Mountain Home, Baxter County, Arkansas "beingmore
particularly described as follows: Beginning at the
NE corner of said Lot 7, thence west -along the north
line of said Lot 7, 70.5 feet to a point which is S.
64 degrees 13 minutes E., 250.0 feet from the center-
line of U.S. Highway No. 62; thence S. 25 degrees 47
minutes Wo parallel to t4~ centerline ofU"S.Highway
No. 62, 87.7 feet to the west line of said Lot 7;
thence S. 1 degree 16 minutes W. 60.9 feet to the SW
corner of said Lot 7; thence east 106.9 feet to the
SE corner of said Lot 7; thence N. 1 degree 16 minutes
E~, 139.9 feet to the point of beginningo
Tract 3. A part of the alley between Lots 2 and 7 of

Dodd's Addition to the town of Mountain Home, Baxter
County, Arkansas, being more particularly described as
follows: Beginning at the NE corner of said~ot 7,
thence N. 1 degree 16 minutes E., 10.0 feet to the SE
corner of said Lot 2; thenee West along the South
line of said Lot 2, 65.9 feet to a point which is S.
64 degrees 13 minutes Eo, 250.0 feet from the center-
line of U.S. highway No. 62; thence S. 25 degrees
47 minutes W. parallel to the centerline of U"So High-
way No. 62, 11.1 feet to the north line of said' Lot 7;
thence East 70.5 feet to the point of beginning.
Zoning from R-1 to C-2 in part of Lot 2 & 7 in Dodd's Addition.

ORDINANCE NO. 605 continued
WHEREAS, Twin River Community Living Facility, Inc.

is a non-profit corporation created for the purpose of
promoting mental and physical health for the handicapped
citizens of Mountain Home, and whereas, the healty and
safety of all citizens is of utmost importance, and where-
as Twin River Community Living Facility, Inc. has a federal
grant to build, operate and maintain a building on the lots
to be rezoned, and whereas time is of the essence in se-
curing this grant and construction must be started immediately
to pr~serve the funding of this project, an emergency is
hereby declared to exist and this ordinance shall be in full
Enacted this 8th day of May, 1980.
APPROVED:
~d?Q.-,-
ATTEST:
ORDINANCE NO. 606

l)EDICATION OF,BUTTERGUP_SUB-
DIVISION
BE IT. ORDAINED BY THE CITY COUNCIL OF MOUNTAIN .HOME,

ARKANSAS:
Section 1.
That the public dedication of Buttercup Sub-

division is hereby accepted, and the Clerk and Ex-Officio
recorder of the circuit court is hereby authorized to
record the final plat thereof.
APPROVED THIS 8th day of May, 1980.
APPROVED:
~d2G2,
Ronald E.Pierce, Mayor.
ATTEST:
~g~
Dedication of Buttercup Subdivision.

ORDINANCE NO. 607
AN ORDINANCE PR0VIDING INDEMNITY TO WATER

AND SEWER IMPROVEMENT DISTRICT NO. 3 OF
MOUNTAIN HOME, ARKANSAS; FOR ALL LOSS, CLAIMS,
DAMAGES, COSTS AND OTHER EXPENSES ARISING
OUT OF THE CITY'S USE AND CONSTRUCTION OF THE
CITY'S' EMER~ENCY SEWER PROJECT WITHIN THE
RIGHTS-OF-WAy'OWNED BY THE DISTRICT, DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES
WHEREAS, the City contemplates commencement of con-

struction of the City's Emergency Sewer Project within the
near future; and
WHEREAS, Water & Sewer Improvement District No. 3 of

the City of MountainHome, Arkansas will assign unto the
City the rights-of-way owned by the District providing the
City indemnify and hold harmless the District from any and
all claims, damages, suits, attorney fees and other expenses
arising out of the construction of the contemplated'improve-
ments; and
WHEREAS, the health, safety and general welfare of the

citizens of th~ City will be promoted by the construction of
the Emergency 'Sewer Project and improvements.

Section 1. Indemnity
The City of Mountain Home, Arkansas, shall indemnify

and hold harmless Water and Sewer Improvement District No_ 3
of Mountain Home, Arkansas from any and all loss, claim,
damage, suit, actions and causes of actions, attorney fees
and other expenses arising out of the City's use of rights-
of-way easements ownett by Water and Sewer Improvement
District No. 3 of Mountain Home, Arkansas, and shall pay
on demand all such sums to said District, in such emergency
sewer project.
Construction of improvements by the City and the City's

Emergency Sewer Project is necessary for the health, safety
and welfare of the, citi.zens of the City, and an emergency
is hereby declared to exist and this Ordinance shall be in
PASSED AND APPROVED THIS 8th day of May, 1980.
APPROVED:
Qj::dJ/
Ronald
:?
E. Pierce, Mayor
ATTEST:
4~~
ORDINANCE NO. 608
AN ORDINANCE FIXING AND ESTABLISHING

THE AMOUNT OF LICENSE AND PERMIT FEES
AND FRANCHISE TAXES DUE THE CITY OF
MOUNTAIN HOME FROM MOUNTAIN HOME-CAB
COMPANY; GRANTING AN EXCLUSIVE-FRAN-
CHISE F~R TAXICAB SERVICE; ACCEPTING
SUCH PAYMENT IN LIEg OF ALL TAXES EX-
CEPTING AD VALOREM TAXATION, SPECIAL
MILLAGE AND IMPROVEMENT TAXES, AND
MUNICIPAL AUTOMOBILE FEES,. TAXES AND
LICENSES, AND AUTHORIZING RATE SCHEDULES
OR TARIFFS FOR TAXICAB SERVICE; REQUIRING
LIABILITY INSURANCE AND IMPOSING OTHER
CONDITIONSrREPEALING ORDINANCE NOo 89;
PURPOSES
WHEREAS, the City on the 6th day of November, 1978,

awarded Mountain Home Cab Company an exclusive franchise
for'a period of five'years commencing' November 6,1978; and
WHEREAS, the Council had determined the rates or

tariffs permitted may be increased "by the francisee upon
his showing of increased cost of operation have prohibited
a fair profit derived from his operation of such franchise;
and
WHEREAS, the health, safety and welfare of the citizens

of the community will be served,byhavfng available to it
taxi service since many elderly persons depend upon this
service as their only means of transportation to acquire
the common necessities of'life and for medical treatment;
and
WHEREAS, Ordinance No. 89 needs to be repealed;

o

Section 1. Exclusive Right
Mountain Home Cab Company is hereby granted an exclusive

franchise for the operation' of a taxicab service within the
corporate limits of the City of Mountain Home; Arkansas.
Section 2. Franchise Fee
Mountain Home Cab Company shall pay for the exclusive

franchise granted in Section 1 the following franchise fees:
A. First Automobile in Use $20.00
B. Second Automobile in Use $15.00
C.iEach Additional Automobile

in Use $10.00
Section 3. Term
The duration of this exclusive franchise and grant shall

be for a period of forty-tkree (43) months commencing May 1,
1980.
Section 4. Permitted Rates and Tariffs-Maximum
The franchisee shall not charge more than the following

fees, rates or tariffs for their corresponding zones;
Zone I $1.75
Zone II $2,,25
Zone III' $2.50
Outside Zone IIIo±- unnumbered Zone

80 oents per mile.
Each additional person-per person-

50 cents
Section 5. Establishment of Zones
The areas delineated on the map attached to and made a

part of this Ordinance TIy'referencethereto shall be the
zones for which the fees, tariffs and rates as set forth
hereinabove in Section § shall be applicable.
Section 6. Hours of Operation
The franchisee shall operate and maintain the service

on a six-day, twelve hour periom basis, except Sundays and
Holidays and with the exception of Saturday hours, which shall
be 8:00 A.M. to 12:00 Noon commencing April 1st through
November 1st of each year and 8:00 A~M. to 4:00 P.M. commencing
November 1st through April 1st of each'year~
Section 7. Special Services
The franchisee will provide service to the Mountain

Home Municipal Airport on a seven-day-per-week basis, special
call. The franchisee shall provide service to citizens and
residents of Mountain Home, Arkansas, preferentially to
other accounts which may be serviced by the franchisee.
Section 8. Communicatimn Licenses
The franchisee shall maintain Federal Communications

Commission licensed two~way radio system for the dispatch of
its vehicle within the zones and to the locations it services.
Section 9. Liability Insurance
The franchisee shall procure and maintain in continuous force

and effect liability insurance upon its vehicles and equipment
in a sum of not less than ten thousand dollars ($10,000.00)
per person for bodily injury liability, twentythoudand
dollars ($20,000.00) per occurance for bodily injury, five
thousand dollars ($5,000,,00) for property damage occurance,
ten thousand dollars '($10,000.00) for uninsured motorist
coverage and Shall provide a copy of such policy to the
City Clerk ..
Section 10. Safety
The franchisee shall keep all vehicles operated by it

in a safe, serviceable condition for the safety and protection
of the citizens and inhabitants of the City to whom this ser-
vice is being furnished. Failure of the franchisee to provide
such equipment shall be eause for termination of this franchise
grant by the City as hereinafter set out.
Section 11. Notice--Hearing--Termination
The City may terminate this franchise grant due to the

failure of the franchisee to provide safe equipment as re-
quired in Section 10 hereinabove and for failure to .perform
pursuant to any section of tfuis ordinance after reasonable
notice to the franchisee and an opportunity for hearing, if
desired.
Ordinance No. 608ccontinued
Section 12. Penalties
Any person, firm, partnership,or corporation operating

a taxicab, automobile for hire,or other similar service in
conflict with the grant of this franchise, shall be unlawful
and for the operation of such without a franchise shall be
deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined in a sum of not less than one hundred dollars
($100.00) nor more than five hundred dollars ($500.00) and
each day of operation shall be deemed a separate and dis-
tinct offense.
Section 13. Other Taxes
The service furnished the City by the franchisee and

the payment of the fees set out herein]jeforein Section 2
for the exclusive grant herein, and privilege hereof, shall
be in lieu of all other licenses; charges, fees, impositions
of taxes (other than automobile license fees, special millage
taxes~ improvement district taxes, and general ad valorem
taxes) charged or imposed or levied by the City of Mountain
Home, Arkansas.
Section 14. Independent Contractor
Nothing in this Ordinance shall be construed as cgiven

or making the franchisee herein and the grant of_the privi-
leges herein an agent, servant or employee of the City of
Section 15. Severability Clause
The provisions of this Ordinance shall be severable.
Section 16. Unconstitutionality Clause
The invalidity, unenforceability, unconstitutionality

of any clause, phrase, sentence or-part thereof 'of any sec-
tion or provision of this Ordinance shall in invalidate any
other section or provis~on of this Ordinance.
Section 17. Repealer
All ordinances or parts of ordinances in c6nflict and

inconsistent herewith are hereby repealed, and Ordinance
No. 89 is repealed in its entirety.
In order to provide a necessary and essential service

to the citizens and resideJiJ.ts
of the City, and to eliminate
transportation hardships suffered by residents of the City,
an emergency is hereby declared to exist and this Ordinance
PASSED AND APPROVED THIS 8th day of May, 1980.
APPROVED:
~.~~~
Ronald E. '-Pierce, Mayor
ATTEST:
Franchise- Mountain Home Cab Company

ORDINANCE NOo 609
EMERGENCY AND SUSPENDING
REQUIREMENTS FOR COMPETITIVE
BIDDING.
WHEREAS, numerous pieces of heavy equipment of the City

of Mountain Home, Arkansas, are out dated, beyond repair, and of
no useful value; and
WHEREAS, informal firm price quotations were requested

and received from two (2) distributors or dealers of used heavy
equipment in the State of Arkansas; and
WHEREAS, both price quotations received were reasonable

and are deemed to be equitable and competitive; and
WHEREAS, publication of legal notice and competitive

bidding statutory procedure would not necessarily enhance nor
reach any other qualified bidders;

THE CITY OF MOUNTAINHOME, ARKANSAS:
Section 1. An emergency exists and publication of legal

notice for the requirement of competitive bids is not feasible
or practical.

Section 3. The Mayor or his duly authorized represen-

tative, is hereby authorized and directed to purchase and acquire
in the name of and on behalf of the City of Mountain Home, Arkansas,
a road grader including scarifier from Cori Mark Companies, Inc.
for a 1978 JohnDeerJD 570 A Grader and pay the sum of $25,000.00
including trade of existing equipment, which sum is hereby appropriated
from Water and Sewer Equipment Depreciation Fund for the payment
of the same.
section 4. Replacement of equipment necessary Ior routine

maintenance on streets, roadways and ditches is necessary for the
operation of essential services of the City and an emergency is
hereby declared to exist and this Ordinance shall be in full force
PASSED AND APPROVED THIS 22 day of May, 1980.
APPROVED:
Penelope R. Fei~, City Clerk
Suspending bidding and pruchasing road grader

ORDINANCE NO. 610
AN ORDINANCE DECLARING AN cEME~GENCY

AND SUSPENDING REQUIREMENTS FOR
COMPETITIVE BIDDING
WHEREAS, the City of Mountain Home is the recipient

of a Federal Grant for its City Park Improvement Program; and
WHEREAS, base crushed limes.tone rock for roadways

in said park is available locally only from Twin Lakes
Quarry in Mountain Home, Arkansas and there are no other
suppliers of such material within a fifty-mile radius of
the City; and
WHEREAS, publication of legal notice and com-

petitive bidding statutory procedure would7not necessarily
enhance nor reach a qualified bidder other than Twin
Lakes Quarry; and
WHEREAS, its price quotation of $4.36 per ton

delivered is deemed equitable and competitive,

OF THE CITY OF MOUNTAIN HOME, ARKANSAS.

legal notice for the requirement of competit~ye bids is not

is hereby suspended ana waived.
Section 3 •. The Mayor or his duly authorized

representative is hereby authori~ed and directed to purchase
and acquire in the name o~ and on behalf of the City of
Mountain Home, Arkansas, crushed limestone base rock from
Twin Lakes Quarry, Mountain Home, Arkansas, at the rate
of $4.36 per ton delivered, and not to exceed the sum of
$8,307.98.
Section 4. There is hereby appropriated from the

Water and Sewer Department Operation and Maintenance, the
sum of $8,307.98 for the ~ame subject to Park Grant
reimbursement.
Section 5. Acquisition of necessary supplies for the

building of roadways in the City Park is necessary for egress
and engress thereto by~the inhabitants and citizens of the
City and visitors thereof, therefore, an emergency is hereby
PASSED AND APPROVED THIS 12th day of June, 1980.
Suspending requirements for competitive bidding for crushed limestone

599
ORDINANCE NO. 611

SUSPENDING THE REQUIREMENTS OF COMPETITIVE
BIDDING
WHEREAS, the City of Mountain Home, Arkansas has need of

materials for its sewage treatment plant; and

notice of competitive bids for acquisition of filter sand
is not feasible or practical due to the fact that such filter
sand is immediately necessary for placement in the sludge drying
beds at the City£s sewage treatment plant facilities; and
WHEREAS, in order to preserve and provide for the

public health, safety and welfare of the people an emergency
is hereby declared to exist and the rules requiring competitive
bidding be suspended.

Section 1. An emergency exists and publication of legal

notice for the_requirement of competitive bids is not feasible
or practical.

Section 3. The Mayor or his authorized representative

is hereby authorized and directed to purchase and acquire in
the name of and on behalf of the City of Mountain Home,
approximately 385 tons of 8/12 filter sand and expend or pay
for the same a maximum' sum no greater than ELEVEN THOUSAND TWO
HUNDRED and 00/100 ($11,200.00) DOLLARS. _
Section 4. The placement of filter sand in the drying

beds of the City's sewage treatment plant is necessary for the
proper conditioning of and treatment of digested sewage sludge
and an emergency is hereby declared to exist, and this
passage.
PASSED AND APPROVED THIS 26th day of June, 1980.
APPROVED:
ATTEST:
Suspending bidding- filter sand

600 VETOED BY MAYOR RONALD E. PIERCE-SEE ORDINANCE NO. 613
ORDINANCE NO. 612

AS AMENDED BY ORDINANCE NOo 433, WITH
BE IT ORDAINED BY THE CITY COUNCIL UF THE CITY OF


requesting a change in zoning; that said petition was
remonstrances were heard, after which the ~lanning Commission
recommended that all property described here in after be
rezoned.


Arkansas, be, and is hereby changed in zoning from
Redidential R-l to Commercial C-3.
A part of the NWt swt and part of the swt of

bounded and described as follows: Beginning
at a,point on the South line of State Highway
No. 5,at the point of intersection with the
East line of Waverly Road run thence South
along the East line of Waverly Road 195 feet,
to the NW corner of the J.Lo Clemets Lot,
run thence East 110 feet, run thence North 195
feet, more or less to the South side of
Highway No. 5 run thence West along the South
side of said Highway 110 feet to the point of
beginning.
WHEREAS, this ordinance is necessary for the preser-

vation,of the health and safety of the citizens @f Mountain
and this Ordinance shall be in full force and effect from and
after its passage.
ENACTED the-,26th day of June, 1980 and declared

Rorl~ld E. Pierce, Mayor
ATTEST:
AN ORDINANCE AMENDINGORDINANCE NO. 296
AS AMENDED BY ORDINANCE NO. 433, WITH
ZONED AS RESIDENTIAL R-l TO COMMERCIAL
C-3
,

HOME, ARKANSAS:

requesting a Ghange in zoning; that said petition was submitted


R-l to Commercial C-3.
A part of the NWt swt and part of the

swt of Section 10, Township 19 North,
Range 13 West, bounded and described
as follows:
Beginning at a point on the South line

of State Highway No.5, at the point
of intersection with the East line of
Waverly Road run thence South along
the East line of Waverly Road 195 feet,
to the NW corner of the J. L. Clemets
Lot, run thence East 110 feet, run
thence North 195 feet, more or less to
the South side of Highway No. 5 run
thence West along the South side of
said Highway 110 feet to the point of
beginning.
WHEREAS, availability of property for commercial use

increases the tax base of the City and rezoning of this property
commercial from residential will make such property available
for use, and encouragement of new and relocation of existing
business is of a financial benefit to the city, this ordinance
is necessary for the preservation of the health and safety of
the citizens of Mountain Home, Arkansas, an emergency is here-
by declared to exist and ,this Ordinance shall be in full force
ENACTED the 26th day of June, 1980 and declared

APPROVED:
ATTEST:
Penelope Shay-east corner of Hwy5 &

ORDINANCE NO. 614
AN ORDINANCE VACATING AND ABANDONING

A PORTION OF THE UTILITY EASEMENT ALONG
THE WEST SIDE OF LOT # 18, MEADOWCREST
ESTATES, BAXTER COUNTY, ARKANSAS, AS
SHOWN BY THE RECORDED PLAT THEREOF
WHEREAS, a petition was duly filed with the City

Council of the City of Mountain Home, Arkansas, on the
12th day of June, 1980, asking the City Council to
vacate and abandon the East eight (8) feet of a twelve
(12) foot utility easement running along the West side
of Lot 18, Meadowcrest Estates, as shown by the recorded
plat thereof in-the Office of the Clerk andEx~Officio
Recorder of-Baxter County, Arkansas; and
WHEREAS,after due notice as required by law, the

Council has at the time and place mentioned in the notice
heard all persons desiring to be heard on the question
and has ascertained that the portion of the easement
hereinbefore described has heretofore been dedicated to
the public use as a utility easement, but has not been
actually used by the public generally ever at any time
since its dedication, or is it likely to ever be used
as a public easement; that all the owners of the property
abutting upon the portion of the easement to be vacated
have filed with the Council their written consent to such
abandonment; and that public interest and welfare will
not be adversely affected by the abandonment of such
portion of easement;
NOW, THEREFORE, be it ordained by the City Council

of the City of Mountain Home, Arkansas:
Section 1: The City of Mountain Home, Arkansas,

hereby releases, vacates and abandons all its rights,
together with the rights of the public generally in
and to that portion of a utility easement designated
as follows:
The East eight (8) feet of the twelve (12)

foot utility easement lying along the West side of
Lot 18, Meadowcrest Estates, as shown by the recorded
plat thereof in the Office of the Clerk and Ex-Officio
Recorder of Baxter County, Arkansas.
Section 2: A copy of this Ordinance duly certified

by the City Clerk shall be filed in the Office of the
Recorder of the County and recorder of deed records of
the County.
Section 3: This ordinance shall take effect and be in
ATTEST:
abandoning utility easement in Meadowcrest Estates-Lo~18

603
ORDINANCE NO. 615

NO. 599; ESTABLISHING A FLAT
RATE FOR RESIDENTIAL SEWER USAGE;
PURPOSES.
WHEREAS, many residential users have gardens, lawns,

and shrubbery and use water for such outdoor purposes;
and
WHEREAS, water used outdoors does not enter the City's

Sanitary Sewer System and is not treated; and
WHEREAS, sewer rates are related to the amount of

water used; and
WHEREAS, in order to eliminate an unfair burden and

to adjust sewer rates to a more equitable basis,

Section 1.
Sub-section (b) of Section 3, Sewer, of Ordinance

No. 599, page 2, is hereby deleted in its entirety and
substituted therefor' the following:
(b) Monthly Rate
The rates paid for sewer furnished shall be based

upon the following amounts and as follows:
(a) First 2,000 gallons or less per month $3.50 (minimum)
(b) Each 1,000 gallons thereafter up to

5,000 gallons per month--per 1,000
gallons $0.83
(c) 5,000 gallons or more per month $5.99 (maximum)
Commercial and Industrial
(a) First 2,000 gallons or less per month $3.50 per month
(b) Each 1,000 gallons thereafter per

1,000 gallons $0.50 per month

severable and the invalidity, unenforceability, or
unconstitutionality of any section, clause, phrase, sentence
or part thereof, shall not affect the validity, enforce-
ability, or constitutionality of any other section, clause,
phrase, sentence or part thereof.
Section 3. Constitutionality
If any section of this Ordinance should be held

Section 4. Repealer
All ordinances or parts of ordinances, or amendments

thereto, in conflict herewith are hereby repealed.
04- Ordinance
page 2
No. 615
section 5. Effective Date
The rates as set forth hereinabove inc Section 1. shall

be applicable to all billings that occur after the date of
this Ordinance, there being no intent to have special meter
readings or separate billings.
Due to extreme high temperatures and dry conditions

that prevail, water usage will increase significantly in
order that residents save outdoor greenery such as lawns,
gardens and shrubs; sewer rates are directly related to
water usage, however, water used for lawns, gardens and
shrubs is not treated as sewage; therefore, to make more
just and to eliminate an undue burden and in order to be
more equitable, an emergency is hereby declared to exist
PASSED AND APPROVED this lOth day of July,1980.
Ro Pierce, Mayor
ATTEST:
SEWER RATES
ORDINANCE NO. 616
AN ORDINANCE REGULATING THE DEVELOPMENT OF LAND

WITHIN THE BOUNDARIES OF THE PLANNING AREA MAP;
ESTABLISHING, PROMULGATING PROCEDURES, REQUIRE-
MENTS AND MINIMUM STANDARDS FOR DEVELOPMENT;
GUIDE FUTURE GROWTH AND DEVELOPMENT; PROVIDE
FOR ADEQUATE LIGHT, AIR, SPACE AND PRIVACY;
SAFETY FROM FIRE, FLOOD, DANGER AND PREVENT
OVERCROWDING, CONGESTION; PROTECT AND CONSERVE
VALUE OF IMPROVEMENT S, DWELLINGS, AND BUILD INGS ;
ESTABLISH BENEFICIAL LAND USES BETWEEN LAND,
IMPROVEMENTS AND STREETS; MINIMIZE TRAFFIC CON-
GESTION; MAKE ADEQUATE PEDESTRIAN TRAFFIC WAYS;
ESTABLISH STANDARDS OF DESIGN AND PROCEDURES
FOR SUBDIVISION AND RESUBDIVISION, ENSURE PROPER
LEGAL DESCRIPTIONS AND MONUMENTING OF SUBDIVISIONS;
ENCOURAGE EFFICIENT USE AND, MANAGEMENT OF NATURAL
RESOURCES; TO PROVIDE ADEQUATE AND SAFE RECREAT-
IONAL AREAS; MINIMIZE AIR AND NOISE AND WATER
POLLUTION; INSURE ADEQUATE DRAINAGE FACILITIES;
TO MAINTAIN THE NATURAL BEAUTY AND TOPOGRAPHY
OF THE MUNICIPALITY; PROVIDING FOR FEES;
PROCEDURES FOR APPLICATION; APPEAL; VARIANCES,
AND RECORDING; PROVIDING PENALTY FOR VIOLATION;
REPEALING ORDINANCES NO. 307 AND 408; DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the City, in an effort to maintain socially

acceptable and adoptable land use and development in the
future, has caused a study to be commenced; and
WHEREAS, after extensive review of existing regulations,

areas for regulations to be expanded, areas for strict
standards; and
WHEREAS, after public hearing was held on December 17,

1979; and
WHEREAS, three (3) copies of the Regulations in the

office of the City Clerk for public examination prior
to said heari~g; and
WHEREAS, the Planning Commission has approved and

recommended adoption of the document entitled "Subdivision
Control Regulations-- 19801l on file with the City Clerk.

Section 1. Adoption
The "Subdivision Control Regulations - 1980" of the

City of Mountain Home, Arkansas, Chapter 1 - Article 1
through Chapter 10 - Article 3, inclusive, as approved
by the Planning Commission by majority vote on the 19th
day of May, 1980, and as on file with the City Clerk is
hereby adopted in its entirety as if set out herein
verbatim, by reference thereto, after a public hearing
thereon on December 17,1979, as the regulations pertaining
to and controlling the development of land in the City of
Mountain Home as provided for by Arkansas Act 186 of 1957,
(as amended), Ark. Stat. Ann. 19-2825, eta seq.
Section 2. Fees
A. Division of land not requlrlng full Planning

Commission review and approval -- fee $10.00.
B. Division of land requiring Planning Commission

review and approval -- $50.00 plus $5.00 for each lot over
four lots in-such subdivision.
Section 3. Saving
Nothing in this Ordinance or in the Regulations herein

Ordinance No. 616
Page 2
adopted shall be construed to affect any suit or proceeding

now pending in any Court, any right acquired, or liability
incurred, nor cause or causes of action accrued or existing,
under any Ordinance repealed hereby.
A. Any person, firm, corporation or agent who violates

any provision of these regulations or who subdivides or splits
any parcel or lot and gives, sells or otherwise disposes of
a portion of said parcel or lot without complying with these
regulations shall be deemed guilty of a misdemeanor and upon
conviction be fined not less than One Hundred Dollars ($100.00)
nor more than Two Hundred Fifty Dollars ($250.00), and each
day such act or commission or violation shall exist shall be
B. The City may enJoln any person violating, acting or

nonacting, or failing to comply with such Regulations, and
its failure to act to enforce any provision, clause or phrase
of this ordinance, shall not be deemed to be a waiver of such
right and power at any time.
The provisions of this Ordinance shall be severable;

the invalidity, unenforceability, or unconstitutionality of
any clause, section, phrase, sentence or part hereof, shall
not affect the validity, enforceability, or constitutionality
of any other clause, phrase, section or part hereof.
Section 6. Repealer
All Ordinances or parts of Ordinances inconsistent

herewith are hereby repealed, and specifically Ordinance No.
307 as amended by Ordinance No. 408 are each hereby repealed.
ATTEST: -.
Subdivision Control Regulations-1980

ORDINANCE NOG 617
AN ORDINANCE REQUIRING OWNERS OF

PROPERTY WITHIN THE MUNICIPALITY
TO CUT AND/OR REMOVE WEEDS, GRASS
RUBB SH, GARBAGE, TRASH, AND OTHER
UNSIGHTLY AND UNSANITARY ARTICLES
OR THINGS; TO COLLECT EXPENSES
INCURRED BY THE CITY; PROCEDURE
FOR CREATION AND IMPOSITION OF
LIEN; PENALTY AND COST OF COLLECT-
ION; DESCRIBING PROCEDURES INCIDENTAL
THERETO; REPEALING ORDINANCE NOS.
403, 207, and 137; DECLARING ON
WHEREAS, the City of Mountain Home has a responsibility

to protect the public health and welfare of its inhabitants;
and
WHEREAS, uncontrolled growth of weeds and lots creates

a health hazard by permitting infestation of rodents and
insects; is unsightly; and
WHEREAS, trash, rubbish, garbage and accumulation of

unSightly and unattractive things are a public nuisance, and
are aesthetically undesirable, create a danger of fire; and
WHEREAS, it is the owner's responsibility to cut and

remove such and to pay for the same upon failure of refusal;
and
WHEREAS, to provide for determination of lien upon

owner's failure to cut or remove; hearing, and notice to
such owner; and
WHEREAS, to repeal existing ordinances dealing with the

subject of this ordinance.

Section L Title
This ordinance shall be known as the Weed/Rubbish

Control Ordinance.
Section 2. Definitions
A. The term "City" as used herein shall mean the City

of Mountain Home, Arkansas;
B. The term "Collector" as used herein shall mean the

County Tax Cmllector of Baxter County, Arkansas.
Section 3. Obligation of Owner
Each and every real property owner of property within

the City shall cut and remove weeds, grass, garbage, rubbish
or other unsightly or unsanitary article or thing thereon,
whether inhabited or not.
Section 4. Authorization - Owner's Failure
The City of Mountain Home is hereby authorized ~fter

the expiration of twenty (20) days from the date notice as
required by Section 5 A is postmarked) to cause to cut
and/or remove weeds and grass, when they have reached a height
of twenty (20) inches and to remove garbage, trash, rubbish
or eliminate other unsightly or unsanitary articles and
things and to impose a lien for the cost incurred by the City.
Ordinance No. 617
page 2
Section 5. Notice; Non-Resident Owners, Posting Notice
A. Notice - The City shall notify the property owner of

the exeessive height of s~ch weeds or grass, existence of
rubbish, trash, garbage or other unsightly thing) giving
twenty (20) days for such owner to cut or remove the same,
and informing such owner that the cost of removal or cutting
will be imposed as a lien upon the property and certified
to the Collector for collection together with ~enalty and
collection costs, by Certified Mail,U. S. postage prepaid,
to the last known address of the property owner as shown by
the records in the Collector's Office.
B. Posting - In case the owner of any real property is

unknownorhis whereabouts is not known or is a non-resident
of Arkansas, then a copy of the Notice herein required shall
be posted upon the premises.
Section 6. Determination of Lien - Notice
A. After cutting, removing weeds, grass, rubbish,

garbage, trash and other unsightly and unsanitary articles
and things, the City shall, by Certified Mail to the owner
of property, give Notice that a determination will be made
by the City Council of the amount of lien to be imposed upon
the property.
B. In the case the owner of such property is unknown or

whereabouts cannot be known, or is a non-resident, then the
City shall publish a Notice of Hearing to determine the
amount of lien by newspaper circulated in Baxter County,
Arkansas, by one insertion per week for four consecutive weeks
prior to the date of such hearing or determination.
C. An Attorney-ad-litem shall be appointed to notify

the unknown owner, or non-resident and shall notify the
owner at his last known address or place of residence.
Section 7. Hearing
After giving notice as required herein, the Council

shall determine the amount of cost incurred (at a rate not
to exceed 2 cents per square foot in case of weeds or grass)
and order the same to be paid by the property owner, and impose
upon the real property a lien in the amount of the same and
penalty, together with the costs of collection as herein
provided.
Section 8. Penalty for Collection - Certification
A. The amount of lien determined by the City-Council

plus five percent (5%) penalty for collection and description
of the property upon which the lien is made, shall be certified
by the City Council to the Tax Collector as delinquent taxes
to be collected accordingly, and the amountof lien, less three
percent (3%) thereof, when so collected, shall be paid by
the Collector to the City, pursuant to Act 339 of 1979 and
Act 100 of 1943.
B. The City shall identify for each parcel of property

upon which a lien is made, the name of the property
owner, school district, total amount of lien, together with
the penalty thereon.
Section 9. Collection - Disbursement
A. The Collector is hereby authorized to collect such

lien and the amount of penalty thereon and remit the same
to the City.
B. The Collector is hereby authorized to retain three

percent (3%) of the amount of lien and penalty as his fee
for collection thereofo
Ordinance No. 617
page 3

severable.
All ordinances or parts of ordinances inconsistent

herewith are hereby repealed and Ordinance Nos. 403, 207
and 137 specifically are hereby repealed.
Section 12. Constitutionality
The invalidity, unenforceability, or unconstitutionality

of any section, clause, phrase, sentence or-part thereof,
shall not affect the validity, enforceability, 6r constitut-
ionality of any other section, clause, phrase, sentence or
part thereof.
Section 13. Exclusiveness of Ordinance - Other Remedies

Available
This Ordinance shall not be deemed exclusive to other

remedies available to the City by Ordinance or Statute or
otherwise, and the penalties and provisions herein specified
shall be in addition to and supplemental to such other remedy
of the City to abate nuisances or otherwise.
The elimination of health and fire hazards is necessary

for the immediate protection of the health, safety and welfare
of the, inhabitants of the City, and an emergency is hereby
declared to exist; this Ordinance shall be effective from
PASSED AND APPROVED THIS 14th day of August, 1980.
Ro~aldE. Pierce, Mayor
ATTEST:
WEED S
ORDINANCE NO. 618

AMENDED BY GRD INANCE NO. 433 WITH REFERENCE
TO ZONING WITHIN THE CITY LIMITS OF THE
CITY OF MOUNTAIN HOME, ARKANSAS, CHANGING
AREA ZONED C-3 TO C-2.
~
WHEREAS, proper petition was filed by the property owner
requesting a change in zoning; sai.d petition was submitted to
the Planning Commission of the City of Mountain Home, Arkansas;
notice of filing said petition and a public hearing thereon
was published in a local newspaper having local circulation
as required by Ordinance No. ~96 as amended by Ordinance
No. 433; a public hearing was held, all remonstrances were
heard, and' after which, the Planning Commission recommended
all property described in Section 1 hereinafter be rezoned.

Section 1. The following described real property in

the City of Mountai~ Home, Baxter County, Arkansas is hereby
changed in zoning from C-3 to C-2:
A part of the Et NWt Section 3, Township 19 N,

Rang~ 13 West, bounded and described as
follows: Beginning at the NE corner of the
SEt NWt of Section 3 and run thence S. 88°
46' 20" W. 394.27 feet, thence So 5° 24' W.
229.3 feet, run thence S. 87° 59' W. 394.7
feet to point of beginning for the tract
herein described; run theuce S. 87° 59' W.
100 feet to point, run thence N. 2° 01' W.
288.8 feet to the South boundary of Hwy No. 62;
run thence N. 65° 39' E. along the South
:line of said highway 108.2 feet, run thence
S. 2° 01' E. 329.7 feet to the point of
beginning; containing 0.7 acres more or less.
Section 2. Emergency Clause
WHEREAS, availability of property for commercial use

increases the tax base of the City and rezoning of this
property to a higher cOlliIllercial
will make such property
available for use and encouragement of new business is of
a financial benefit to this City, an emergency is hereby
ATTEST:
Steve Johnson 1322 Hwy 62 NE

ORDINANCE NO. 619

AND SUSPENDING THE REQUIREMENTS FOR
WHEREAS, the streets in the City of Mountain Home,

Arkansas are in a state of disrepair; and
WHEREAS, the Street Department of the City has commenced

a program of reconstruction of certain streets in the City;
and
WHEREAS, the amount of liquid asphalt used has equalled

the amount of asphalt stored; and
WHEREAS, verbal quotations have been obtained from

respectable suppliers; and
WHEREAS, time is of the essence in completion of the

work scheduled;

OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
Section 1. Anemergency exists and the Street

Department needs liquid asphalt immediately.

hereby suspended.
Section 3. The Mayor, through the City Engineer, his

authorized representative, is hereby authorized to purchase
liquid asphalt. from Hydrocarbon Specialties, Inc., Joplin,
Missouri. Said purchase shall be approximately as follows:
5000 gallons MC250 @$0.66/gal. = $3,300.00

5000 gallons MC30 @$Q.69/gal. = $3,450.00
TOTAL "$6,750.00
Section 4. Roads and streets are necessary for the

use of the public and repair prior to the onset of winter,
an emergency is hereby declared to exist and this ordinance
shall be in full force and effect from and after its
passage.
PASSED AND APPROVED this 16th day of September,1980 ••
ATTEST:
Suspending bidding for asphalt

ORDINANCE NO. 620
AN ORDINANCE DECLARING AN El'1ERGENCY

AND SUSPENDING THE REQUIREl'1ENTFOR
WHEREAS, the Water and Sewer Department of the City

of Mountain Home has an out-dated pick-up truck that is in
need of excessive repair and is unsafe to use; and
WHEREAS, this equipment is used by sewer repair

personnel to tow heavy loads through rough and wet terrain
in the City; and
WHEREAS, the City must expend in excess of SIX HUNDRED

AND 00/100 DOLLARS ($600.00) to repair this equipment, the
same being a vehicle manufactured in 1969 with 91,296 miles
and the cost of repair or replacement of parts to make such
vehicle safe eXceeds the value of the vehicle itself; and
WHEREAS, the employees of the Sewer Department must

have transportation;

OF MOUNTAIN HOl'1E,ARKANSAS:
Section 1. An emergency exists and the water and

Sewer Department needs a replacement vehicle immediately.

hereby suspended.
Secti-on 3-0 The Mayor, or his duly authorized repre-

sentative,is hereby authorized to purchase a used' 1979
Dodge 4-wheel drive pickup truck, Model D-150, for the sum
of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) from
Dr. Joe Tullis in Mountain Home, Arkansas.
Section 4. An emergency is hereby declared to exist,

as transportation is necessary for the emplpyees of the
Water and Sewer Department repairing sewers, and, this
its passage.
PASSED AND APPROVED this 16th day of September,1980.
Pierce, Mayor
ATTEST:
Suspending bidding for Dodge truck for water and sewer

ORDINANCE NO. 621

NO. 163 WITH RESPECT TO AREA
RE-ZONED.

That a prBper Petition was filed by property owners

Mountain Home, Arkansas; that notice of said Petition and a
posting on notice on subject property in accor-
dance with Ordinance No. 283; that a public hearing was
Planning Commission recommended that all property des-
cribed hereinafter be rezoned.


Arkansas, be and is hereby changed in zoning from Resi-
dential R-l to Commercial C-3:
A part of Bl~ck No. 14 in Mooney's

Addition to the town of Mountain
Home, Arkansas, bounded and des-
cribed as follows: Beginning at
the NW corner of said Black 14, at
the intersection of College Street
and Eight Street and run thence
South 0° 581 15" E., along East
boundary.of College Street 103.89
feet to a point of beginning for
the tract herein described; continue
thence S. 0° 58' 15" 75 feet to a
point, run, thence North, 87° 41' E •.
along the fence line 167.40 feet to
SE corner of Block 14, run thence North
1° 15' 30" W. along a fence 70.83
feet to point, run thence S. 89° 06'
45" W. 167 feet to the point of beginning.
ENACTED the 25th day of September, 1980 and declared

ATTEST:
Rezoning Roller 815 South College

ORDINANCE NO. 622

NOS. 478 AND 494, RESTRICTING
USE ZONE RESIDENTIAL (R-l) TO
SINGLE FAMILY DWELLINGS; OR&AT-
ING USE ZONE RESIDENTIAL (R-I-A)
TWO-FAMILY DWELLINGS; DECLARING
AN EMERGENCY AND FOR OTHER PUR~
POSES.
WHEREAS, the Zoning Ordinance of the City of Mountain

Home, Ordina~ce No. 433 as amended by Ordinance Nos. 478
and 494 provide for two-family dwe~lings in Use Zone
Residential (R-l); and _
WHEREAS, it is desirable to preserve and to protect

and enhance property values ~nd to encourage single-
family development within the corporate limits of the
City; and
WHEREAS, in order to preserve and to protect these

property values for the general welfare of the inhabitants
of the City and the owners thereof, and to prohibit the
erection of two-family dwellin~s in such areas at the
earliest possible date, an emergency exists,
-
Section 1. Ordinance No. 433 as amended by Ordinance

Nos. 478 and 494 is hereby amended to delete from Use Zone
Residential (R-l) two-family dwellings as more specifically
set out in Section 2 hereafter, an addition of Use Zone
Residential (R-::-I-A)
two-family dwellings as more specifically
set out in Section 3 hereafter.
Section 2. The words "and two-family", "2. Two-

family dwel;lingslll,
!lb. Two-family ••• 10,000 Sq .•ft."
and lib. Twa-family .••• 75 feet" as the terms appear in
Chapter 3, Use Zones, Article 3-1, Residential (r-l),
A. Permitted Use and B. Area Requirements, respectively,
are hereby delete~.
Section 3. The following Article shall be added and

included immediately after Article 3-1, page 3-2:
Arto 3-1-1 Residential (R-I-A)
This area is intended for a two-family dwellings with

a suitable lot area •.
A. Permitted Uses
1. Two-family dwellings
1. Minimum lot area:
a. Two family •••••••• 10,000 Sq. ft.
2. Minimum lot width
a. Two family ••••• 0 •••••• 75 feet

3. Front yard: minimum of 30 feet or 55
feet from center of street; whichever is
greater.
4. Side yard (each): mlmlmum 10 feet from

each property line.
Ordinance No. 622
page 2
5. Side Yard Street: minumum 30 feet from

all streets .•
6. Rear Yard: minimum 25 feet from rear lot

line or center of alley if one exists.
7. Accessary Buildings: minimum of 10 feet

from the rear and side yard except street;
then 30 feet from all street property
lines or 55 feet from center of street,
whichever is greater.
C. Height
1. Maximum Height: 2 stories not to exceed

30 feet.
D. Off Street Parking
1. Parking space shall be provided on the lot

to accomodate two motor vehicles for each
family unit.
Section 4. Saving; Exception; Applicability
This Ordinance shall not be applicable to the follow-

ing real property: Lots 15-20 and 44-51 of Block 1 of
Northern Hills Estates No.2, Mountain Home, Arkansas,
inasmuch as the restrictions thereon placed by the developer
permit residential and two-family alternate usage, the same
being approved by the Planning Commission.
The preservation and protection of property values

and the promotion of development for single-family
residential dwellings is essential to the growth and
development of the City of Mountain Home and the inhabitants
thereof, and elimination from Use Zone Residential (R-l)
of two-family dwellings should be achieved at the earliest
practical moment, and an emergency is hereby declared to
exist and this Ordinance shall be effective from and after
ATTEST:
~&'7Wr
., ORDINANCE NO. 623
AN ORDINANCE VACATING AND ABANDONING A

PORTION OF THE UTILITY EASEMENT ALONG THE
BRIARWOOD EAST CONDOMINIUM DEVELOPMENT,
BAXTER COUNTY, ARKANSAS, AS SHOWN BY THE
RECORDED PLAT THEREOF.
WHEREAS, a petition was duly filed with the City Council

of the City of Mountain Home, Arkansas, on the 25th day of
September , 1980, asking the City Council to vacate
and abandon the West five feet (5') of a thirty foot (30')
utility easement running alohg the Briarwood East Condominium
Development, as shown by the recorded plat thereof in the
Office of the Clerk and Ex-Officio Recorder of Baxter County,
Arkansas; and

Council has at the time and place mentioned in the notice heard
all persons desiring to be heard on the question and has
ascertained that the portion of the easement hereinafter
described has heretofore been dedicated to the public use as a
utility easement, but has not been actually used by the public
generally ever at any time since its dedication, or is it
likely to ever be used as a public easement; that all the
owners of the property abutting upon the portion of the
easement to be vacated are the Unit Owners of Briarwood East
and have requested such abandonment; and that public interest
and welfare will not be adversely affected by the abandonment
of such portion of easement;

Section 1. The City of Mountain Home, Arkansas,

hereby releases, vacates and abandons all its rights, together
with the rights of the public generally, in and to that portion
of a utility easement designated as follows:
The West five (5) feet of the thirty (30)

foot utility easement running through the
Briarwood East Condominium Development as
shown on the recorded plat thereof in the
Office of the Clerk and Ex-Officio Recorder
of Baxter County, Arkansas.
Section 2. A copy Of this Ordinance duly certified by

the City Clerk shall be filed in the Office of the Recorder of
the County and recorder of deed records of the County.
Section 3. This ordinance shall take effect and be in

PASSED: October 14, 1980

Pierce, Mayor
ATTEST:
Penelop~ R. Feist, City Clerk
Vacating & Abandoning portion of utility easement along

Brairwood East Condo. Development.
ORDINANCE NO. 624
AN ORDINANCE SUSPENDING THE REQUIREMENTS OF

WHEREAS, the City of Mountain Home, Arkansas has need of

materials for its roads into its park facilities; and

notice of competitive bids for acquisition of rock, culverts
and other materials is not feasible or practical due to the
fact that such materials are available locally;

Section 1. Publication of legal notice for the

requirement of competitive bids is not feasible or practical.

Section 3. The Mayor or his duly authorized

representative is hereby authorized to purchase or acquire from
Twin Lakes Quarries in the name of and on behalf of the City of
Mountain Home, Arkansas, rock, culvert pipe and installation
thereof, and expend the sum of an amount not in excess of SEVEN
THOUSAND DOLLARS ($7,000.00) therefor, such sum hereinbefore
appropriated by the Council.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 1980.
~~/··n
·~_~~L/ c~ .~~ ~_~L-~~
Rinald E. Pierce, Mayor
ATTEST:
11 /)-;_
V~~
Penelop~ R. Feist, City Clerk
Suspending bidding-materials for roads into park facilities.

FRANCHISE
ORDINANCE NO. 625
AN ORDINANCE TO BE ENTITLED:
"AN ORDINANCE RESTATING AND AMENDING THAT

CERTAIN ORDINANCE NO. GRANTING
ARKANSAS WESTERN GAS COMPANY OR ITS
ASSIGNORS THE RIGHT AND PRIVILEGE AND
FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE A NATURAL GAS SYSTEM AND TO LAY GAS
MAINS ALONG THE STREETS, AVENUES, ALLEYS,
ROADS AND HIGffiJAYSAND OTHER PUBLIC PLACES,
FOR THE PURPOSE OF DISTRIBUTING AND SELLING
NATURAL GAS AND PROVIDING THE REGULATION
FOR THE CONDUCT OF SAID GAS DISTRIBUTION
SYSTEM, AND OTHER PURPOSES. Vi

Section 1. That the City of Mountain Home hereby

grants to the Arkansas Western Gas Company the exclusive right,
privilege and authority within the present and all future
expansions of the corporate limits of the City of Mountain Home
(1) to sell, furnish, transmit and distribute natural gas to
all inhabitants and consumers within the said limits; and (2)
subject to the terms, conditions and stipulations mentioned in
this ordinance, consents and the right, permission and
franchise is hereby given to the Arkansas Western Gas Company,
a corporation organized and existing pursuant to the laws of
the State of Arkansas, Grantee, and to its successors, lessees,
and assigns to lay, construct, equip, operate, repair, and
maintain a system of gas mains, pipes, conduits, feeders and
the appurtenances for the purpose of supplying and distributing
natural gas for light, fuel, power, and heat and for any other
purpose, to the residents or inhabitants of the said City; and
further, the right to lay, construct, operate and maintain a
system of gas mains, pipe lines, pipe conduits and feeders and
the necessary attachments, connections, fixtures and
appurtenances for the purpose of conveying, conducting or
distributing natural gas from any point beyond said City limits
in order to enable the said Grantee to distribute and sell
natural gas to the said City and to the residents or
inhabitants thereof, and to others. As used in this ordinance
the terms Vinatural gas" and "gas" shall be defined as
including, in addition to natural gas, such alternate,
substitute or supplemental fuels as (without necessarily
limited to) liquified natural gas, liquified petroleum gas,
synthetic natural gas and propane - air.
Section 2. The Grantee herein is expressly given the

permit (subject to the proviso hereinafter contained) to use
the streets, avenues, roads, highways, alleys, sidewalks and
other public places, as now laid out, or hereafter to be
established, for the purpose of laying gas mains, pipe lines,
conduits and feeders, and the necessary attachments, fixtures,
connections and appurtenances for the purpose of conveying or
conducting natural gas from any point within the said City or
to any point beyond the City limits of the said City, or to any
other point, through and beyond the City limits of said City,
and to operate and maintain a system of pipe lines, pipes,
conduits, feeders and the necessary attachments, connections,
fixtures and appurtenances for the distribution of natural gas
within said City to serve the said City and the residents and
1
ORDINANCE NO. 625
inhabitants thereof, and others; provided, however, that where

alleys are accessible for laying mains and pipes, the City
shall have the right to require that the mains and pipes shall
be laid in the alleys instead of the streets, so long as this
is economically feasible (does not create an economic
hardship) •
Section 3. No fees or charges of any kind shall be

imposed by Grantor upon the Grantee or upon any successors, or
upon any consumer of natural gas for the breaking or opening of
any highway, street, road, avenue, alley, or other public
places, or for the laying of any main, service pipe or other
connections therein, except as would be generally imposed on
others performing similar work under similar circumstances and
conditions.
The Grantee shall adhere to Ordinance No. 567 of the

City of Mountain Home, Arkansas, entitled: AN ORDINANCE TO
PROTECT THE STREETS OF THE CITY BY REQUIRING A PERMIT TO
EXCAVATE WITHIN THE RIGHTS-OF-WAY OF CITY STREETS; PROVIDING
FOR A FEE, INSPECTION AND PENALTY FOR VIOLATION; REPEALING
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH;
Nothing in this franchise shall be construed in such

manner as to in any manner abridge the right of the City to
pass and enforce the necessary police regulations for the
purpose of protecting the citizens of said City and their
property and the property of the Grantee.
Grantee shall at all times keep and display the

necessary danger signals and proper guards around all
excavations and obstructions and shall keep sufficient space in
good condition for the travel of vehicles on at least one side
of all excavations and obstructions, and shall as soon as
practicable restore all openings on the highway, road, street,
avenue, alley and other public places to condition equally as
good as before said openings or obstructions were made.
Anything to the contrary notwithstanding, when in the judgment
of Grantee it is necessary for the safety of the citizens, to
divert or detour traffic from the area of excavations they have
the power to so do upon notice to said City.
Section 4. The Grantee shall do no injury to any

highway, road, street, avenue, alley, lane, bridge, stream or
water course, park or public place, except as specifically
allowed, nor with any public or private sewer or drainage
system, or water lines, now or hereafter laid or constructed by
the said Town or by any authorized person or corporation, but
no sewer or water pipes, electric conduits, telephone or TV
cables shall be so laid as to interfere unnecessarily with any
gas main or pipes which shall have been laid prior to the time
of laying such electric conduits, telephone and TV cables,
sewer or water pipes. The Grantee shall fully indemnify and
save harmless the City from any and all claims for damage for
which said City shall or might be made or become liable by
reason of the granting of this franchise, or any negligence or
carelessness on the part of said Grantee, or because of any act
or omission of the Grantee in the construction and operation of
its system of mains and pipes.
Section 5. Natural gas service shall be provided

under the terms and conditions herein specified and pursuant to
the rules and regulations of the Arkansas Public Service
Commission governing utility service, as well as Grantee's
rules and regulations governing natural gas service on file
with the Arkansas Public Service Commission and as interpreted
2
ORDINANCE NO. 625
and enforced
by Grantee. All utility services shall conform with

these rules and regulations, as well as any other applicable
rules and regulations, federal or state laws, including but not
limited to the Arkansas Plumbing Code.
The rates which are to be charged by Grantee for natural

gas service hereunder shall be those which are now lawfully
approved or prescribed, and as said rates may, from time to
time, be lawfully approved or prescribed by the Arkansas Public
Service Commission or any successor regulatory authority having
jurisdiction thereof.
The Grantee shall have the right to make and enforce as

a part of the conditions under which it will supply natural gas
for heat, power, light, fuel or other purposes as herein
provided, all needful rules and regulations not inconsistent
with law and the provisions of this franchise.
Section 6. The Grantee shall furnish promptly to the

proper authorities any and all information which may be asked
for by them in regard to the size, location or depths of any of
the pipes, mains, conduits, or service pipes, in any form
whatsoever, and any other information in regard to its
occupation of roads, highways, streets, avenues, or public
grounds of said City, which they may demand. Whenever the word
Grantee occurs in this ordinance, it shall mean and it shall be
understood to be the Arkansas Western Gas Company, its
successors, lessees or assigns, and whenever the words
"authorities" or "proper authorities" occur in this franchise
they shall mean and shall be understood to mean the authorized
officer or officers, committee or board representing the City
of Mountain Home, Arkansas, or Grantor.
Section 7. During the life of this franchise the

Grantee shall pay to Grantor each year a franchise tax in an
amount equal to: Four percent (4%) of the Grantee's revenues
before taxes for residential, 4% for commercial and 4% for
industrial revenues as paid to the Grantee by residential,
commercial and industrial customers located within the
corporate limits of the City of Mountain Home. Payments shall
be made by the Grantee to the Grantor in quarterly installments
and Grantee shall have thirty (30) days after the end of each
calendar quarter within which to make such payment.
Residential, commercial and industrial gas revenues are those
revenues so classified pursuant to Grantee's uniform
classification standards. Grantor shall have the right to
examine and verify, from the records of the Grantee, any data
relating to the gross revenues of Grantee from customers on
which said franchise tax is due. Grantor may change the
franchise tax rate each January of the ensuing years if such
change (increase or decrease) is approved by the majority of
the members of the Council. In the event of a controversy
between the Grantor and Grantee as to the amount of gross
revenues received by Grantee in the City of Mountain Home upon
which said tax is due, such controversy shall be referred to
the Arkansas Public Service Commission, or such successor
regulatory agency which may have jurisdiction over the Grantee,
for final determination, and the decision of said Commission
shall be binding upon both parties hereto.
It is expressly agreed and understood by the Grantor and

Grantee that the aforesaid payment shall constitute and be
considered as complete payment and discharge by the Grantee,
its successors and assigns, of all licenses, fees, charges,
3
ORDINANCE NO. 625
impositions or taxes of any kind (other than automobile license

fees, improvement districts, special millage taxes, and the
general ad valorem taxes) which are now or might in the future
be imposed by the Grantor under authority conferred upon the
Grantor by law. In the event such other tax or taxes are
.~. imposed by Grantor, the obligation of the Grantee set forth in
Section 7 hereof, to pay the franchise taxes annually shall
immediately terminate.
Section 8. This franchise shall take effect and

continue and remain in force perpetually as provided in Section
44 of Acts of 1935, No. 324, Acts of the State of Arkansas, as
same may be amended from time to time, and upon the written
acceptance by the Grantee of the terms and conditions of this
franchise.
Section 9. If any section, paragraph, subdiviSion,

clause, phrase or provision of this ordinance shall be adjudged
invalid or unconstitutional, the same shall not affect the
validity of this ordinance as a whole, or any part or
proviSion, other than the part so decided to be invalid or
unconstitutional.
Section 10. It is hereby determined by the City of

Mountain Home that this Franchise is necessary in order that
the needs of the city may be properly protected. Therefore, an
emergency is declared to exist and the Franchise being
necessary for the preservation of the public peace, health and
safety shall take effect and be in full force from the date of
ATTEST:
The Arkansas Western Gas Company,

a corporation, grantee, hereby
accepts the above franchise
subject to the terms and conditio:
therein this 3rd day of November,
1980.
ARKANSAS WESTERN GAS COMPANY
BY _
President
Franchise-Arkansas Western Gas

ORDINANCE NO. 626
AN ORDINANCE SETTING FORTH RULES AND

REGULATIONS TO IMPROVE PUBLIC SAFETY BY
PROMOTING THE CONTROL OF FIRE HAZARDS,
REGULATING THE INSTALLATION, USE AND
MAINTENANCE OF EQUIPMENT; REGULATING THE
USE OF STRUCTURES, PREMISES AND OPEN AREAS
IN THE CITY OF MOUNTAIN HOME, ARKANSAS;
PROVIDING FOR THE ABATEMENT OF FIRE
HAZARDS; ESTABLISHING THE RESPONSIBILITIES
AND PROCEDURES FOR ENFORCEMENT; SETTING
FORTH STANDARDS FOR COMPLIANCE; PROVIDING
\ PENALTIES FOR THE VIOLATION THEREOF;

COMMONLY TO BE CALLED THE "FIRE CODE";
REPEALING ORDINANCE NO. 559; DECLARING AN
WHEREAS, Ordinance No. 559 regulates the construction

and use of ~uildings and provides for the abatement of fire
hazards; and,
\
WHERE~S, there is an immediate need for updating such
regulations i~order to provide fire protection to the
inhabitants of'\he City;

THE CITY OF MOUN~N HOME, ARKANSAS:
Section 1. Adoption of Fire Code.
The Standard ire Prevention Code, 1979 Edition as

amended and revised 980, published by the Southern Building
Code Congress Interna ional, Inc., Birmingham, Alabama, is
hereby adopted by refe ence thereto and incorporated herein,
verbatim, word for wor except deletions thereto as set out in
Section 2 hereof, as if let out in full by the City of Mountain
Horne, Arkansas, and shal~ hereafter be called and known as the
"Fire Code". .\
Section 2. Deletio~s.
a. Deleted in Chapter \, page 17, between the lines "96

\
Vapor Removal from <\ooking Equipment, 1973 It and "102
Tents, Grandstands and Air Supported Structures, 1972"
is the following NFPA\ Standard: "101 Life Safety
Code, 1973" is hereby~eleted and inserted therefor
the following NFPA Sta~ard: It 101 Life Safety Code,
1976."
b. Chapter 16, Subsections 1 .103 a; 16.103 b (1) through

(4); 16.105 (a) and (b) ar deleted;
c. Chapter 16, Subsection l6.l~ and Chapter 16,

Subsection 16-201 are delete~n their entirety.
\
Section 3. Complimentary Clause.\
Provisions of the various codes a~~Pted by the City

regulating construction and occupancy of bu~ldings and
structures, including, but not limited to tn~ Building Code,
Fire Code, Dwelling Code, Electrical Code an\Plumbing
Code, shall be complimentary one to the other~ In the event
that a provision of one conflicts with a provi~ion of another,
the more stringent shall prevail. \
'-
1
ORDINANCE NO. 626
Sect on 4 Violations and Penalties.
Any pe son, firm, corporation or agent who violates any

provision of t e Fire Code shall be guilty of a misdemeanor
and shall, upon conviction, pay a fine of not less than FIFTY
DOLLARS ($50.00) or more than ONE HUNDRED DOLLARS ($100.00)
for each violation' each day a violation shall exist shall be
deemed a separate 0 fense.
Section 5. Sa 'ng Clause.
Nothing in this 0 dinance or in the Code herein adopted

shall be construed to eff ct any suit or proceeding now pending
in any Court, any rights a uired, or liability incurred, nor
cause or causes of action a rued or existing under any
Ordinance repealed hereby, no shall any right or remedy of any
character be lost, impaired, 0 affected by this Ordinance.
The invalidity of any secti or provision of this

Ordinance or of the Code hereby ado ted shall not invalidate
any other section or provision of hi Ordinance or of the Code.
Except as set out hereinbefore in ection 3 entitled

"Complimentary Clause", all Ordinances or arts of Ordinances
in force at the time that this Ordinance ta es effect and
inconsistent herewith, are hereby repealed, nd Ordinance No.
559 is hereby repealed.
The protection of dwellings, structures, b inesses from

fire hazard and establishment of regulations provi ing for the
abatement of fir~ hazards is necessary for the imme iate
preservation of property. Therefore, an emergency i hereby
declared to exist, and this Ordinance being necessary for the
preservation of the public safety, property and welfa , shall
be in full force and effect from and after its passage nd
publication.
PASSED AND APPROVED this 13th day of November, 198 •
ATTEST:
Fire Code
2
ORDINANCE NO. 627

AMENDED BY ORDINANCE NO. 433 WITH REFERENCE TO
ZONING WITHIN THE CITY LIMITS OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, CHANGING ~~EA ZONED R-l
TO C-2.
WHEREAS, proper petition was filed by the property

owners requesting a change in zoning; said petition was
Home, Arkansas; notice of filing said petition and a public
hearing thereon was published in a local newspaper having local
Ordinance No. 433; a public hearing was held; all remonstrances
were heard, and after which, the Planning Commission
recommended all property described in Section 1 hereinafter be
rezoned.


the City of Mountain Home, Baxter County, Arkansas, is hereby
changed in zoning from R-l to C-2:
That part of the SEI/4 NEI/4 of Section 16,

Township 19 North, Range 13 West, bounded and
described as follows: Beginning at the NE corner
of said forty and run thence South along the East
line thereof 144 yards for a point of beginning
of the lands herein conveyed, run thence West
about 200 yards down a ditch or drain to the East
right-of-way line of the Mountain Home - Arkana
Public Road, run thence East along the
right-of-way line of said road to where the same
intersects the East line of said forty, run
thence North along the East line of said forty
about 190 yards to the point of beginning,
ATTEST:
ORDINANCE NO. 628

545; WHICH INCREASES THE MONTHLY RATE BY
$0.80.

MOUNTAIN HOME, ARKANSAS AS FOLLOWS:
That Section 11 of Ordinance 441 is hereby amended to

read as follows:
Section 11. By its acceptance of this franchise, the

Grantor specifically grants and agrees that its rates and
charges to its subscribers for television and radio signal
shall be fair and reasonable and no higher than necessary to
meet all lawful cost of operation (assuring efficient and
economical management), including a fair rate on investment.
The existing monthly rates and charges, which are hereby
approved beginning January 1, 1981 are as follows:
Schedule
Main Station $ 8.45

Above 10 outlets** 5.00
Installation charges:
Residential
Extension, F.M. or T.V. 5.00
Business (per outlet)

Moves and changes

Inside 5.00
Outside
Reconnect after disconnect

for non-payment 10.00

** Amplifiers will be added as needed to maintain signal
strength, due to losses because of number extensions or
length of runs.

Council unless the City has failed to approve or reject
proposed rates within ninety.days of a written request by
Grantee and the Grantor shall have the reciprocal right to ask
the Grantee for a rate decrease.
1
ORDINANCE NO. 628
WHEREAS, this ordinance is necessary to assure efficient

and economical operation for the franchisee, and an emergency
is hereby declared to exist and this Ordinance shall be in full
APPROVED this /;ri. day of j(!:!fJf:,/!)/}k£~ r
1980.
ATTEST:
Cable Co.-rate increase-1980
2
., ORDINANCE NO. 629
AN ORDINANCE REGULATING THE ERECTION,

CONSTRUCTION, ENLARGEMENT, ALTERATION,
REPAIR, MOVING, REMOVAL, CONVERSION,
DEMOLITION, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS
OR STRUCTURES IN THE CITY OF MOUNTAIN HOME,
ARKANSAS; COMMONLY CALLED THE nBUILDING
CODE"; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFOR;
DECLARING AND ESTABLISHING A FIRE DISTRICT;
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF, AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT THERID1ITH;
PURPOSES.
WHEREAS, in order to maintain fire insurance ratings for

the City and the inhabitants thereof; and
WHEREAS, in order to establish minimum construction

standards for construction in the City; and
WHEREAS, to upgrade and up-date the Building Code of the

City to the most recent applicable standard code promulgated by
the Southern Standard Building Code Congress;

Mountain Home, Arkansas as follows:
Section 1. Adoption of Building Code.
The Standard Building Code, 1979 Edition as amended 1980 and

published by the Southern Building Code Congress International,
Inc., Birmingham, Alabama, is hereby adopted by reference
thereto and incorporated herein, verbatim, word for word as if
set out in full, including all appendices thereto unless
hereinafter specifically deleted, by the City of Mountain Home,
Arkansas and is hereafter known as the nBuilding Coden.
Section 2. Establishment of Fire Districts.
Appendix "Gil of the Building Code is hereby deleted and

inserted therefor, the following:
A. Fire District.
All areas of the City of Mountain Home, Arkansas now

or hereafter zoned, under corporate zoning ordinances
as commercial "C-l" (central business district) or as
industrial shall hereafter be the fire district.
Section 3. Commercial Structures
A. Inside Fire District
1. The provisions of Chapter III of the Building Code

shall apply except as noted hereinafter.
2. Existing residential structures of Type VI

construction and within the fire district may be
converted for non-hazardous commercial uses
provided the clear areas, set backs and fire
resistant requirements as set out hereinafter for
commercial buildings outside of the fire district
are adhered to completely and without exception.
1
B. Outside Fire District
1. Commercial structures of Type IV construction with

set backs of 15 feet or less shall be provided
with two-hour fire resistance on all exterior
walls.
2. Commercial buildings of Type VI construction shall

not be constructed with a set back of less than
ten feet. In any case, such Type VI structure
constructed with a set back of 20 feet or less
shall be provided with two-hour fire resistance on
all exterior walls facing such set back. Except
as set forth in Section 608.5 of the Building
Code, all such type VI structures shall be
provided with a non-combustible exterior.
C. Conversion of existing residential structures to

commercial use structures of any occupancy
classification shall comply with all aspects of the
various codes governing building construction, and in
particular, the requirements concerning plumbing
fixtures and conduit enclosing electrical wiring.
Section 4. Amendments, Insertions and Deletions.
1. Appendix D of the Building Code is hereby deleted.
2. Appendix K of the Building Code is hereby amended as

set out in Section 5, "Fees" hereinafter.
3• Appendix r·1 as set out in the Building Code is amended

to read as follows:
1. REGULATORY FLOOD PLAIN - The area of the flood

plain identified on the official flood plain map
dated September, 1975, along with the
water-surface profile of the Base Flood Elevation.
2. The introductory phrase M-3.0(a) is hereby deleted

and inserted therefor the fOllowing: "The lowest
structural member of the lowest floor, including
basements, shall be located at least one foot
above the Base Flood Elevation in the following
buildings:".
Section 5. Fees.
A. The fees provided for in Appendix "K" of the Building

Code shall be reduced by one-half of the amount stated
therein.
B. The fee for an appeal as set out in Subsection

112.1(a) shall be $20.00 and shall be paid to the City
Clerk for deposit in the General Fund.
The prov2s2ons of the various Codes adopted by the City

regulating construction and occupancy of buildings and
structures including, but not limited to, the Building Code,
Fire Code, Dwelling Code, Electrical Code, Plumbing
Code, shall be complimentary one to the other. In the event
that a provision of one conflicts with a provision of another,
the more stringent shall prevail.
2
Section 7. Violations and Penalties
Any person, firm or corporation which fails to obtain a permit

as required by the Building Code prior to commencement of
construction shall be penalized as set out in Article 107.2
entitled "Failure to Obtain a Permit" and for other violations
of the Building Code shall be guilty of a misdemeanor as set
out in Section 114 entitled "Violations and Penalties" and
shall upon conviction pay a fine of not less than Fifty Dollars
($50.00) nor more than One Hundred Dollars ($100.00) for each
violation; each day a violation shall exist shall be deemed a
separate offense.
Nothing in this ordinance or in the Code herein adopted shall

be construed to effect any suit or proceeding now pending in
any Court, any rights acquired, or liability incurred, nor
cause or causes of action accrued or existing, under any Act or
Ordinance repealed hereby. Nor shall any right or remedy of
any character pe lost, impaired, or affected by this Ordinance.
The invalidity of any section or provision of this ordinance or

of the Code hereby adopted shall not invalidate any other
sections or provisions of this ordinance or of the said Code.

"Complimentary Clause" all Ordinances or parts of Ordinances in
force at the time that this Ordinance takes effect and
inconsistent therewith, are repealed, and Ordinance 565 is
hereby repealed.
Building and construction of structures within the City

are of vital significance to the economy and citizens of the
City, and maintenance of the City's fire insurance rating will
be enhanced by standardized regulaion of building and
construction. Therefore, an emergency is hereby declared to
exist and this ordinance shall be effective from and after its
Passed and approved this 11th day of December, 1980.
APPROVED:
ATTEST:
Clerk
Building Code
ORDINANCE NO. 630

NUMBER 598; WHICH AMENDED ORDIN-
ANCE NUMBER 163 AS AMENDED WITH
REFERENCE TO ZONING WITHIN THE
CITY LIMITS OF THE CITY OF
MOUNTAIN HOME, ARKANSAS, RELATIVE
TO CHANGING AREA ZONED AS RESI-
DENTIAL R-l TO COMMERCIAL C-3

HOME, ARKANSAS:
Tha~ a proper Petition was filed by property

owners requesting a change in zoning; that said Petition
was submitted to the Planning Commission of the City of
- Mountain Home, Arkansas; that due and proper notice of said
Petition was posed and then published in a newspaper having
general circulation in the City more than fifteen (15) days
prior to any public meeting; that a public meeting was held
'in all remonstrances, if any, heard, on March 3rd, 1980;
after which the Planning Commission by a majority vote of the
members present recommended that the property described herein
be rezoned as requested.
IT IS, THEREFOR, ORDAINED BY THE CITY COUNCIL OF

That the following described real property situated

in the City of Mountain Home, Arkansas, be and is hereby changed
in zoning from Residential R-l to Commercial C-3:
A part of the swt NWt of Section 4,

Township 19 North, Range 13 West,
Baxter County, Arkansas, being more
particularly described as follows:
Beginning at the NE corner of said
swt NWt, thence N. 89° 14' W., 368.0
feet to a pipe at a fence corner;
thence S. 0° 23' W. along a fence,
149.9 feet to a fence corner post;
thence N. 89° 231 W. along a fence,
159.2 feet to the East right-of-way
line of Arkansas Highway 201; thence
S. 0° 25' E. along said East right-
of-way line, 250.0 feet; thence S.
89° 16' E., 524.0 feet to the East
line of said swt NWt; thence N. 0°
20' E., 400.00 feet to the point of
beginning, containing 4.28 acres,
more or less, subject to the right-
of-way of Coley Street along the
north side.
That the description used in the original ordinance

contained a defect and this amended ordinance is neeessary
to correct the records of the City of Mountain Home, Arkansas.
WHEREAS, the orderly rezoning of property for the

projected use of the public and the construction of a doctors
medical service to the citizens and is for the preservation
greatly benefit the public, an emergency is declared to exist
and this ordinance shall be in full force and effect from and
ENACTED this 18th day of December, 1980
\ /
R&llald E. Pierce, Mayor
ORDINANCE NO. 631
AMENDING ORDINANCE NUMBER 163 AS

AMENDED WITH REFERENCE TO ZONING
WITHIN THE CITY LIMITS OF THE CITY
OF MOUNTAIN HOME, ArnDL~SAS, RE-
LATIVE TO CHANGING AREA ZONED AS
RESIDENTIAL R-l TO COMMERCIAL C.....
3

HOME, ARKANSAS:
That a proper Petition was filed by property

owners requesting a change in zoning; that said Petition was
Home, Arkansas; that due and proper notice of said Petition was
posted and then published in a newspaper having general circula-
tion in the City more than fifteen (15) days prior to any public
meeting; that a public meeting was held in all remonstrances,
if any, heard, December 15th, 1980; after which the Planning
Commission by a majority vote of the members present recommend-
ed that the property described herein be rezoned as requested.
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL

That the following described real property

situated in the City of Mountain Home, Arkansas, be and is
hereby changed in zoning from Residential R-l to Commercial
C-3:
That part of the swt NWt of Section 4,
Township 19 North, Range 13 West, des-
cribed as beginning at a point on the
North line of said forty, and on the
East line of Pigeon Creek Road; run
thence East along the North line of
the swt NWt 160 feet to a point, run
thence South on a line parallel with
Pigeon Creek Road 150 feet to a point,
run" t.henc'eWest on a line parallel with
the North line of said forty to the East
line of ~igeon Creek Road, run thence
North along the East ~ine of Pigeoh
Creek Road 150 fe~t to the po~nt of
beginning, containillg t acre more or
less.
WHEREAS, the orderly rezoning of property for the

projected use of the public and the construction of a doctors
medical service to citizens and is for the preservation of
greatly benefit the public, an emergency is declared to
ENACTED this 18th day of December, 1980.
g~V?~.
~ald E. Pierce, Mayor
ATTEST:

ORDINANCE NO. 632
AN ORDINANCE GRANTING TO 'THE NORTH

ARKANSAS ELECTRIC COOPERATIVE, INC.
THE EXCLUSIVE RIGHT, PRIVILEGE AND
AUTHORITY IN ITS ALLOCATED ~ERRITORY
WITHIN THE CITY TO SELL, FURNISH,
AND DISTRIBUTE ELECTRIC POWER AND
ENERGY AND ERECT, MAINTAIN, EXTEND
AND OPERATE A SYSTEM FOR THE DISTRI-
BUTION, TRANSMISSION, FURNISHING OR
SALE OF ELECTRIC POWER AND ENERGY TO
THE CITY OF MOUNTAIN HOME, ARKANSAS,
AND THE INHABITANTS AND ALL OTHER
CONSUMERS THEREOF, AND TO USE THE
STREETS, ALLEYS, BRIDGES AND OTHER
PUBLIC GROUNDS OF THE CITY IN
CONNECTION THEREWITH; FIXING THE
TERMS AND PAYMENT THEREOF; DECLARING
AN EMERGENCY.
WHEREAS, the City must have an adequate and dependable

supply of electric power and energy to perform its govern-
mental functions and to promote the peace, health and
safety of its inhabitants; and
WHEREAS, electricity has become a household necessity,

and an adequate and deFendable supply of electric power
and energy is essential for carrying on the business and
industrial activity of this community; and
WHEREAS, it is in the public interest that there be

no duplication of electric facilities on the streets; and
WHEREAS, the North Arkansas Electric Cooperative, Inc.,

by acceptance of the rights and privileges granted here-
under, is willing to, and does, obligate itself,its
successors and assigns, to meet the reasonable require-
ments of this City and its inhabitants for electric
power and energy within the territory allocated to it
by the Arkansas Public Service Commission,P.S.C.,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL

OF THE CITY OF MOUNTAIN HOME, ARKANSAS~
Section 1. The City 'of Mountain Home, Arkansas

(hereinafter referred to as City) hereby grants to the
North Arkansas Electric Cooperative, Inc., its successors
and assigns (hereinafter referred to as Grantee), the
exclusive right, privilege and authority within the
territory allocat~d to it pursuant to the Arkansas
P.S.C., in the City of Mountain Home, Arkansas, (1) to
sell, furnish, transmit and distribute electric power and
energy to Grantor and to all inhabitants and consumers within
said limits, and (2) to construct, maintain, operate and
extend a system for such purposes and to enter on, under and
upon and use any and all of the streets, alleys, avenues,
bridges and other public grounds and ways belonging to, or
under the control of Grantor, for the_ purpose of erecting,
maintaining, repairing, replacing and-operating poles,
wires, anchors, stubs, transformers, substations, cables,
conduits and other relatedfacili t_ies, appliances and
apparatus which are necessary for, or useful in, the
furnishing, sale, transmission or' distribution of said
electric service (hereinafter called facilities).
Section 2. Grantee shall, and does by acceptance

hereof, agree to provide to the City and its inhabitants
adequate and reasonable electric service as a public
utility and the facilties necessary to provide such service.
ORDINANCE NO. 632
Page 2
Grantor, in recognitition of the large and continuing

investment necessary for Grantee to perform its obligations
hereunder, and the need and duty to promptly construct its
facilities, as defined above, required to serve consumers,
in all areas and zones of the City, consents to the con-
struction of such facilities as defined in Section I in
all such allocated territories, areas and zones, and
Grantor agrees to protect by ordinance, regulation and
otherwise, to the fullest extent permitted by law, and
except as otherwise limited herein, the grants of rights
and privileges to Grantee set forth in Section 1 from
interference with, or duplication by, other persons,
firms or corporations seeking to engage in the sale or
distribution of electric energy.
Section 3. All facilities of Grantee which may be

located on public ways, places and public property, as
authorized herein, shall be located so as to not un-
reasonably obstruct public use and travel. All of Grantee's
facilities shall be constructed, operated and maintained
in accordance with standards at least equivalent to the
standards prescribed by the National Electrical Safety
Code and other municipal codes or laws applicable there-
to. Grantee, its successors and assigns, shall replace
and repair, at its own expense, all excavation, holes or
other damage caused or done by it to public streets, ways,
places and public property in the construction, operation
and maintenance of its facilities.
Section 4. The Grantee, its successors and assigns,

is hereby given the right to trim, cut or remove trees,
shrubbery or growth on or in public ways, places and public
property which interfere or offer hazards to the operation
of Grantee's facilities used or useful for the rendition
of electric service, and, further, Grantee is hereby given
the right, authority and permission to trim, cut and remove
portions of trees, shrubbery or growth growing on private
property but overhanging or encroaching on public ways,
places and public property which interfere or offer
hazards to the construction,operation and maintenance
of Grantee's facilities.
Section 5. The rights, privileges and authority

hereby granted shall exist and continue from the date of
passage of this ordinance, and thereafter, until terminated
in accordance with provisions of Section 44 of Act 324 of
the 1935 Acts of the State of Arkansas, as presently
enacted or hereafter amended.
Section 6. The rates which are to be charged by

Grantee for electric service hereunder shall be those
which are now lawfully approved or prescribed, and as.
said rates may, from time to time, be amended by Grantee
in accordance with law or by any regUlatory authority
having jurisdiction thereof.
Section 7. In the construction, operation and

maintenance of its facilities, said Grantee shall use
reasonable and proper precaution to av@id damage or
injury to persons or property and shall hold and save
harmless the said Grantor from damage, injury, loss or
expense caused by the negligence of the Grantee, or its
agents, servants or employees, in construction, operating
and maintaining said facilities or in repaving or re-
pairing any streets,avenues, alleys, bridges or other
public grounds.
ORDINANCE NO. 632
Page 3
Section 8. The Grantee shall endeavor at all times

to keep its facilities in a reasonable state of repair,
and to conform to such practices and install such
appliances and equipment as may be in keeping with the
customary usage and practice in cities of similar size
in this State during the time this franchise shall
remain in force.
Section 9. Beginning in 1981, and thereafter during

the life of this franchise, the Grantee shall pay to
Grantor each month, a franchise tax in an amount equal to
four and twenty~five hundredths percent (4.25%) of the
preceding montUs gross residential and commercial electric
revenues as paid to the Grantee by residential and
commercial customers located within the corporate limits
of the City of Mountain Home. Residential and commercial
electric revenues are those revenues so classified
pursuant to Grantee's uniform classification standards.
Grantor shall have the right to examine and verify,
from the records of the Grantee, any data relating to
the gross revenues of Grantee from customers on which
said franchise tax is due. In the event of a controversy
between the Grantor and Grantee as to the amount of gross
revenues received by Grantee in the City of Mountain Home
upon which said tax is due, such controversy shall be
referred to the Arkansas Public Service Commission, or
such successor regulatory agency which may have jurisdiction
over the Grantee, for final determination, and the
decision of said Commission shall be binding upon both
parties hereto.
It is expressly agreed and understood by the Grantor

and Grantee that the aforesaid payment shall constitute
and be considered as complete payment and discharge by
the Grantee, its successors and assigns, of all licenses,
fees, charges, impositions or taxes of any kind (other
than automobile license fees, special millage taxes,
general advalorem 'taxes and other general taxes applicable
to all citizens' and tax payers) which are now or might in
the future be:tmposed by the Grantor under authority
conferred upon the Grantor by law. In the event such
other tax or taxes are imposed by Grantor, the obligation
of the Grantee set forth in Section 9 hereof, to pay the
City the sum of four and twenty-five hundredths percent
(4.25%) annually of the gross residentiall and commercial
electric revenues shall immediately terminate.
Section 10. Electric service furnished the Grantor

for street lighting and other purposes shall be paid for
by the Grantor in accordance with the spplicable rate
schedules of the Grantee now on file and/or as they may
in the future be filed by the Grantee and approved by
the Arkansas Public Service Commission or other regula-
tory authority having jurisdiction. The Grantee shall
have the privilege of crediting any amount due Grantor
with any unpaid balances due said Grantee for electric
service rendered to said Grantor.
Section LL. Nothing herein shall be construed to

prohibit any person, firm or corporation from owning and
operating facilities for generating, distributing, or
furnishing electric energy for his or its own use or the
use of his or its tenants, all of which facilities and
use are wholly on the same premises owned by such person,
firm or corporation.
ORDINANCE NO. 632
Page 4
Section 12. Upon written acceptance by Grantee,

this Ordinance shall constitute a contract betweeno
Grantor and the. Grantee, and is successors and assigns.
Section 13. Severability:
The provisions of this ordinance shall be 'deemed

severable and the invalidity, unenforceab~lity, or
unconstitutionality of any section, clause,phrase,
sentence, or part thereof,shall not effect the validity,
enforecability, or constitutional~ty of any other section,
clause, phrase, sentence, or part thereof.
Section 14. Constitutionality:
If any section of this ordinance should be held

unconstitutional, then ruling shall in no way impair the
Section 15. Repealer:
All ordinances or parts of ordinances, or amend-

ments thereto, in conflict with this ordinance, are
hereby repealed.
Section 16. Emergency:
This ordinance is necessary for the preservation of

Arkansas and therefore an emergency is hereby declared to
~?:Q{
RdpaldE.Pierce, Mayor
ATTEST:
peneiOPe:Feit;CitYClerk
Franchise with North Arkansas Coop

ORDINANCE NO. 633
AN ORDINANCE REPEALING ORDINANCE NOS.

23, 50, 55, 57, 60, 62, 64, 68, 72,
79 and 80; DECLARING AN EMERGENCY,
AN~ FOR OTHER PURPOSES.
WHEREAS, Ordinance No. 23, adopted on February 4,

1889, pertaining to the keeping of prisoners charged
with violating ordinances, admission to bail, and duty
of arresting officer to take such person before the
Mayor for trial, i_s archaic and needs to be repealed;
and
WHEREAS, Ordinance No. 50, adopted July 24, 1915,

imposing a tax upon owners of dogs and bitch dogs and
requiring a tag, providing for procedures f0F collect-
ion, and other matters has been superceded and is archaic
and needs to be repealed; and
WHEREAS, Ordinance No. 55, adopted the 29th day of

November, 1920, authorizing the construction, maintenance,
and operation of a telephone system, is archaic and
needs to be repealed; and
WHEREAS, Ordinance No. 57, adopted the 23rd day of

October, 1922, been superceded and is archaic and needs
to be repealed; and
WHEREAS, Ordinance No. 60, dated the 17th day of

March, 1931, authorizing the construction, maintenance
and operation of a telephone toll line and the grant of
a franchise to Ozark Central Telephone Company in st.
Louis, Missouri, has been superceded, is archaic and
Whereas, Ordinance No. 62, adopted the 13th day of

May, 1931, regulating the operation of vehicles on the
public streets, highways and roadways, establishing
speed limits, parking restrictions, imposing fines and
penalties for violation of the same is now covered by
appropriate State legislation pertaining to the same
subject, and this ordinance is archaic and needs to be
repealed; and
WHEREAS, Ordinance No. 64, dated the 28th day of

August, 1936, authorizing the issuance of Water Works
Revenue Bonds for the construction and operation of
a Water Works system, is archaic and the bonds issued
pursuant to such Ordinance have been fully paid and
redeemed and there are no longer a~y such bonds out-
standing, and the same needs to be repealed; and
WHEREAS, Ordinance No. 68, adopted June 12th,

1937, requiring the closing of businesses on the
Sabbath, is now covered by appropriate State legislat-
ion pertaining to the same subject and this Ordinance
WHEREAS, Ordinance No. 72, prohibiting the erect-

ion of sheds or canopies over any sidewalk is no longer
necessary for the health, safety, and welfare of the
people and such canopies and sheds are now esthetically,
architecturally and publicly acceptable, and this
Ordinance needs to be repealed; and
WHEREAS, Ordinance No. 79, adopted April 15, 1946,

making a misdemeanor the leaving of an ignition key in
the switch of an unattended motor vehicle is now cover-
ed by appropriate State legislation p~rtaining to the
same subject and such Ordinance needs ~o be repealed;
and
ORDINANCE NO. 633
Page 2
WHEREAS, Ordinance No. 80, amending Ordinance No.

76, levying a tax on the" privilege of engaging in
business, trad, occupation, vocation or profession or
calling in the City has been superceded by Ordinance
No. 589, and the same needs to be repealed; and
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL

OF MOUNTAIN HOME, ARKANSAS: '
Section 1. Repealer--Ordinance"Nos. 23,50,55,57,

60,62,64,68,72,79 and 80 should be and each is hereby
specifically repealed in their entirety.
Se c t Lo'n 2. "'EmergencY.;...-An
emergency is declared
to exist and+t.hfs Ordinance beingnec'essary in that the
ordinances repealed hereby are not being 'enforced, are
no longer viable, and each needs to be repealed and
removed from the ordinance records of the City, this
Ordinance shall be in full force and effect from and
PASSED AND APPROVED THIS 8th day of December, 1980.
ierce, Mayor
ATTEST:
ORDINANCE NO. 634

589, FIXING THE AMOUNT OF ANNUAL
LEVY, TAX OR LICENSE THAT PERSONS,
FIRMS, ASSOCIATIONS OR CORPORATIONS
SHALL PAY FOR THE PRIVILEGE OF EN-
GAGING IN, CARRYING ON, OR FOLLOWING
ANY SUCH TRADE, BUSINESS, PROFESSION,
VOCATION, OR CALLING WITHIN THE
CORPORATE LIMITS OF THE CITY OF
MOUNTAIN HOME, CLASSIFYING THE SAME;
PROVIDING THE TIME, MANNER AND MEANS
FOR PAYMENT OF SUCH PRIVILEGE
PRESCRIBING PENALTIES FOR
VIOLATION; DECLARING AN EMERGENCY
WHEREAS, to clarify, adjust and amend Ordinance

No. 589; and
WHEREAS, to classify the kind and character of

trade and business activities within the city; and
WHEREAS, it being necessary to provide fire and

police protection to the various owners and merchants
and to protect the public and promote the general wel-
fare and well-being of the City and its inhabitants;

MOUNTAIN HOME, ARKANSAS:'
Section 1. Qrdinance No. 589 - Additions and

Deletions:
A. Additions-
1. Inserted after the following terms as they

appear in Schedule T of Section 7 shall be the
word "each" - d.ent I's
t ; doctors and surgeons.
2. Inserted in Schedule I of Section 7 after

the classification "Automatic' Car Wash" and
before the classification '''ApartmentsII shall
be the classification "Appraisers - Each $100.00",
after the classification "Medical Equipment and
Suppliers" 'and before the classification "Milk
Distributors" shall be the classification
"Medical Consultants - Eaeh $150.00"; after
the classification "Pet Shops" and before the
classification "Plumbing Cont;ractors" shall be
the classification "Pharmacists - Each $150.0011;
and inserted after the classification "Dentist" and
before the clas si'f'iea
tion "Doctor and Surgeons II shall
be the classification "Developers each $100.00".
3. Inserted immediately after Schedule II

of Section 7, Inventory, shall be the following:
Section 7-A - The leasing of real property or

structure Lo'cat edvthe re on , when such real
property or structure is situate or located with-
in the corporate limits of the City, is deemed
subject to the license and fees imposed by this
Ordinance, regardless of the residency of the
owner thereof nor the location or place where
such document of lease or arrangement is executed
or delivered or payment made thereon or pursuant
thereto (whether inside or outside the boundaries
of the City).
ORDINANCE NO. 634
Page 2
Section 7-B - Any person engaged in business

in the City and not otherwise exempt by statute
from paying such fees for any required license,
and having a physical place of business outside
the City, shall be subject to the provisions
of this ordinance and shall procure and pay for
said privilege the amounts set out in Schedule
I of Section 7 for the classification of
business as an itinerent.
B. Deletions-
1. Subsections A, Band C appearing after the

category, Real Estate Agent, are deleted; the
term "Agent" appearing after the category "Real
Estate" is hereby deleted and inserted therefor
the term, "Agency".
2. The amount set out after the classification

"Fortune Tellers" of $1200.00 is hereby deleted
and inserted therefor the figure $250.00.
3. Subsection C - "Commercial" appearing after

the classification "Leasing or Rental Agents"
is deleted in its entirety and inserted there-
for the following classification:
Commercial
Units RATE
1-5 $25".00 each

6-up 50.00 each
Subleasing
1-3 $12.50 'each

4-up 25.00 each
4. The phrase "January I" as it appears in the

second sentence of Subsection B, Section 4,
calendar year, is hereby deleted and inserted
therefor,: "February I" and the phrase llJanuary
31" as rt appears in the last line of Subsection
B, Section 4, calendar year, is hereby deleted
and inserted therefor the phrase "March I".
Section 2. erdfnance No. 589 adopted January 10,

1980 except as amended by Section 1 hereof is hereby
reaffirmed.

severable and the invalidity, unenforeeability or
unconsti tionali ty of any other section, clause, phrase,
sentence or part thereof, shall not affect the validity,
enforceability or constitutionality of any other section,
clause, phrase, sentence or part thereof.
If any_ section of this Ordinance-should be held

unconstitutional, such ruling shall in no way-impair the
ORDINANCE NO. 634
Page 3
WHEREAS,. this Ordinance is necessary for the

preservation of the health and safety of the citizens
of Mountain Home, Arkansas, as the fees generated by
the Ordinance are necessary to provide fire and police
protection to the various owners and merchants and to
protect the publi:C and for the essential operation of
the City, an emergency is hereby declared to exist and
this Ordinance shall be in full force and effect from
PASSED AND APPROVED this 22 day of January, 1981.
ATTEST:
p~e~Clerk
Adjusting Business Licenses

ORDINANCE NO. 635

NO. 433 WITH REFERENCE TO ZONING
WITHIN THE CITY. LIMITS OF THE
CITY OF MOUNTAIN HOME, ARKANSAS,
CHANGING AREA ZONED R-l TO C-3
WHEREAS, proper petition was filed by the property owners

requesting a change in zoning; said petition was submitted to
Notice of filing said petition and a public hearing thereon was
published in a local newspaper having local circulation as
req}lired by Ordinance No. 296 as amended by Ordinance No. 433;
a public hearing was held; all remonstrances were heard, and
after which, the Planning Commission was unable to reach a
decision on the rezoning of the property as herein discribed:

SectLon .1. The following described real property in the

City of Mountain Home, B~xtei County, Arkansas, is hereby changed
in zoning from R-l to C-3:
That part of the NE% SW% of Section 10, and any part
(if any) of the SE% NW% of Section 10, in Twp. 19
Beginning in the center of State Highway 5, where

same crosses the East line of said forty, run thence
West along the center line of said Highway 652 feet,
more or less to point of beginning for the tract
herein described; run thence South 207 feet, more
or less, to a point; run thence West 112 fee~, more
or Le ss to apoint, being the SE corner of the Knowles
tract; run thence North 207 feet, more or less to
the NE corner of the Knowles Tract, and the center
of Highway 5; run thence East along said line of
Highway 118 feet, more or less, to the point of
beginming.
ATTEST:
Cockrill property at I~04 East 9th street

ORDINANCE NO. 636

FIXING THE AMOUNT OF ANNUAL LEVY, TAX OR
LICENSE THAT PERSONS, FIRMS, ASSOCIATIONS
OR CORPORATIONS SHALL PAY FOR THE PRIVILEGE
OF ENGAGING IN, CARRYING ON, OR FOLLOWING
ANY SUCH TRADE, BUSINESS, PROFESSION,
VOCATION, OR CALLING WITHIN THE CORPORATE
CLASSIFYING THE SAME; PROVIDING THE TIME,
MANNER AND MEANS FOR PAl'MENT OF SUCH
PRIVILEGE LICENSE; ESTABLISHING A CREDIT
FOR THE CLASSIFICATION "COMMERCIAL LEASING
OR RENTA:t"; PRESCRIBING PENALTIES FOR
VIOLATION; DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.
Whereas, to clarify,-adjust and amend Ordinance No. 589;

and
Whereas, to classify the kind and character of trade and

business activities within the City; and
Whereas, it being necessary to provide fire and police

protection to the various owners and merchants and to protect
the public and promote the general welfare and well-being of
the City and its inhabitants;
THEREFORE, BE TI ORDAINED BY THE CITY COUNCIL OF

Section 1. Ordinance No. 589 - Additions and Deletions:
A. Additions-
1. Inserted in Schedule I of Section 7 after the

classification llRadio-T.V. and Electronics" shall
be the classification "Real Estate/Associate
Broker/Sales Person (Each) - $35.00;"
2. Inserted immediately after Schedule II of Section

7, Inventory, shall be the following:
Section 7-C - Credit. Any person having paid the

fees or amounts for the 1980 calendar year for the
classification 1l1easing or Rental Agents (c)
Commercial" shall be given a credit upon any such
fee due and payable in 1981 for the difference, if
any, of the amount that would have been paid
pursuant to Ordinance No. 634 and the amount set
out in Ordinance No. 589 that was paid.
Section 2. Ordinance No. 589 adopted January 10, 1980, as

amended is hereby reaffirmed.
The provisions of this Ordinance shall be deemed severable and

the invalidity, unenforceability, or unconstitutionality of any
section, Clause, phrase, sentence, or part thereof, shall not
affect the validity, enforceability or constitutionality of any
other section, clause, phrase, sentence or part thereof.
If any section of this Ordinance should be held unconstitutional,

such ruling shall in no way impair the validity of the remaining
parts of this Ordinance.
ORDINANCE NO. 636
Page 2
Whereas, this Ordinance is necessary for the preservation of

Arkansas, as the fees generated by this ordinance are
necessary to provide fire and police protection to the
various owners and merchants and to protect the public and
for the essential operation of the City, an emergency id
hereby declared to exist and this Ordinance shall be in full
PASSED AND APPROVED THIS 12th day of ~ebruary, 1981.
Pierce, Mayor
ATTEST:
ORDINANCE NO. 637

oNOs 579 DISPENSING OF COUNCIL
APPROVAL FOR THE PURCHASE OF
SUPPLIES, MATERIALS OR EQUIPMENT
WITHOUT COMPETITIVE BIDDING:
DESGIGNATING THE MAYOR PRESCRIBE
THE POLICY AND PROCEDURE FOR THE
PURCHASE AND ACQUISITION OF
SUPPLIES, MATERIALS AND EQUIPMENT
WHEREAS, to co form to the practice that the Mayor not be

required to have Co cil approval for the purchase of supplies
materials and equipme t less than $2,000; and
WHEREAS, to permit the Mayor to prescribe the policy and

procedure for the purcha e and acquisition of supplies, materials
and equipment under $2,00 •
NOW THEREFORE, BE IT ~AlNED BY THE CITY COUNCIL OF THE

CITY OF MOUNTAIN HOME, AR~~S:
Section 1. Inserted at th end of the sentence of Section

2 of Ordinance No. 579 shall be he following phrase "or City
Council approval. II
Section 2. Inserted after Sec ion 4 of Ordinance No.

579 shall be the following: ~
"Section 5 The Mayor shall rescribe the procedure

and policy for the acquisition of suppI"es materials and
equipment by such rules, orders or diredti~es as he shall deem
necessary in his sole and exclusive disctetion."
PASSED AND APPROVED this 12th day o£ Fe~ary,

\ 1981.
GiF2//~ i~~'
ATTEST:
pe~lerk
Permitting Mayor to purchase supplies, etc. under $2000.00

ORDINANCE NO. 638
A CHRATIVE ORDINANCE WITH RESPECT TO

PREVIOUS ENACTMENTS, NOT REPEALED OR
HELD UNCONSTITUT~ONAL, CURING DEFECTS
OF OMMISSION OF OFFICIAL SIGNATURES.
WHEREAS, there are various and sundry ordinances that

have not been repealed or amended or held unconstitutional
that do not bear the official signatures of the Mayor or
other City officials; and
WHEREAS, in order to cure technical defects of ommission

of official signature upon City ordinances heretofore enacted,
but not repealed or held by a court unconstitutional;

THE CITY OF MOUNTAIN HOME, ARKANSAS.
Section 1. Each and every ordinance hereinbefore enacted

and approved by the City Council, and not repealed or_held
unconstitutional, that has not been authenticated by signature
of the Mayor and properly attested, is hereby ratified and
approved, and each and every such enactment confirmed.
ATTEST:
ORDINANCE NO. 639
AN ORDINANCE ACCEPTING THE STEP II

GRANT AWARD FROM THE ENVIRONMENTAL
PROTECTION AGENCY OF THE UNITED
STATES OF AMERICA; AUTHORIZING THE
CHIEF EXECUTIVE OFFICER OF THE
MUNICIPALITY TO EXECUTE THE SAME;
WAIVING THE REQUIREMENTS OF COMPETI-
TIVE BIDDING AND REAFFIRM THE CONTRACTS
REGARDING THE STEP II SURVEYING AND
ENGINEERING DESIGN PHASE; DECLARING AN
WHEREAS, the City's effluent discharge permit issued by

the EPA has expired and in order to meet current effluent
discharge limitations as enunciated by the EPA and in order to
maintain and provide for the public health, safety and welfare,
construction plans and specifications must be prepared for a new
sewerage treatment facility to be constructed on the site
recently acquired by the City of Mountain Home designated the
Jones & Riley Land Development Tract; and
WHEREAS, the EPA pursuant to 40 CFR Chapter 1, Subpart E,

has offered the City a grant award of $445,186.00 for the
preparation of construction drawings and specifications for the
City's proposed wastewater treatment facility and supplemental
interc~ptor sewers throughout the City's collection system; and
WHEREAS, to foster continued growth, expansion and

development of the municipality and its environs such sewerage
facilities are necessary; and
WHEREAS, the City previously has, pursuant to Resolution

No. 88, selected the design firm of Garver & Garver, to prepare
the City's Step I Facilities Plan and, on August 1, 1979, by
Council action, a contract was entered into' in the amount of
$499,288,00 for the Step II design~ said plan and design contract
having been fully approved by the EPA; and.
WHEREAS, the City previously has, pursuant to Resolution

No. 115, selected the engineering firm of Marvin Cole &
Associates, Inc., to perform certain engineering surveying
services and, on September 14, 1979, by Council action, a
contract was entered into in the amount of $87,592.51 for such
services, the same having been:fully approved by the EPA; and
WHEREAS, the professional services and submissions by both

Garver & Garver and Marvin Cole & Associates have reflected the
highest quality and have been accepted by the City and the EPA;
WHEREAS, monies have been appropriated in the 1981 budget

to defray the cost of the design, plans, specifications and
engineering surveys for construction of the wastewater treatment
facility; and
WHEREAS, delay in proceeding and/or acceptance of the Step

II Grant offer by the EPA, or award thereof, will jeopardize such
offer and award, and subject the City to find up to the amount of
$25,000.00 per day and/or imprisonment of City officials, together
with increased costs of approximately $5,000 per day due to
inflation of the general economy, and emergency exists and this
ordinance is necessary for the preservation of the public peace,
health and safety and the general welfare of the inhabitants of
the City.
ORDINANCE NO. 639
Page 2

Section 1. De£initions.
The £ollowing terms as used herein shall have the £ollowing

meaning;
EPA - Environmental Protection Agency o£ the United States o£

America.
City - The City o£ Mountain Home, Arkansas.
Garver & Garver - Garver & Garver, Inc., Consulting Engineers,

1908 West 11th, Little Rock, Arkansas.
Marvin Cole & Associates - Marvin Cole & Associates, Inc., Box
634, Yellville, Arkansas.
Section 2. The mayor and chie£ executive o££icer o£ the

City is hereby authorized to execute and accept £or, and on
behal£ of this municipality, the United States Environmental
Protection Agency Assistance Agreement Amendment No.
C-050452-02-0 in an amount not to exceed $593,581.00, o£ which
the EPA award is $445,186.00, upon the ~erms and conditions of
the agreement submitte~ by and under the signature of Myron O.
Knudson, Professional Engineer, and Director o£ the Water
Division of the United states of America and dated February 18,
1981.
Section 3. The requirements of competitive bidding are

hereby waived and the contracts previously approved by the City
and EPA are hereby reaffirmed in amounts not exceeding the sum
of $449,288.00 and $87,592.51 to Garver & Garver and Marvin Cole
& Associates, Inc., respectively_
Section 4. The City Engineer of the City is hereby
authorized and directed to execute and deliver the Notice to
Proceed to the respective parties, pursuant to the contracts
herein authorized.
In order to meet the current ef£luent discharge limitations as

required by the EPA, to proceed with all due diligence toward the
construction as soon as possible of a new wastewater treatment
£acility £or the City and its environs, and to mlnimize the
impact of inflation and rising material and construction cost to
the residents of the City, an emergency is hereby declared to
exist, and this ordinance shall be e£fective £rom and after its
ATTEST:
p~~Clerk
ORDINANCE-NO. 640

AS AMENDED BY ORDINANCE NO. 433 WITH RE-
FERENCE TO ZONING WITHIN THE CITY LIMITS
CHANGING AREA ZONED R-2 TO C-2

notic€ of filing said petition and a public hearing hereon
was published in a local newspaper having local circulation as
required by Drdinance No. 296 aB amended by Ordinance No. 433;
after which, the Planning Commission recommended all property
described in Seetion 1 hereinafter be rezoned.

section 1. The following described real property in

the City of Mountain Home, Baxter County, Arkansas is hereby
Part of the swt swt, Section 4, T-19-N

R-13-W, Baxter County, Arkansas described
as follows:
Starting at the NW corner of said swt swt,

thence South 88° 18' East, 784.7 feet;
thence South 0° 34' West, 64.0 feet to the
point of beginning; thence South 0° 34' West,
66.3 feet; thence North 89° 08' East, 2Q4.9
feet; thence Northc0° 34J East, 66.3 feet;
point of beginning, containing 0.31 acres,
more or less.
Attest:
Clerk
ORDINANCE NOo 641
AN ORDINANCE ~NDING ORDINANCE NO. 296

ARKANSAS, CHANGING AREA ZONED R-2
TO C-2

requesting a change in zoning; said petition was submitted
Arkansas; notice of filing said peti~ion and a public hearing
thereon was published in a local newspaper having local cir-
culation as required by Ordinance No. 296 as amended by
Ordinance No. 4?3; a public hearing was held;~all remonstrances
were heard, and after which, the Planning Commission recom-
mended all property described in Section 1 hereinafter be
rezoned.


the City of Mountain Home, Baxter County, Arkansas is hereby
Part of the swt swt, Section 4, T-19-N

R-13-W, Baxter County, Arkansas des-
cribed as follows:
Starting at the NW corner of said swt swt,

thence South 88° 18' East, 784.7 feet;.
point of beginning, thence South 0° 34' West,
88.0 feet; thence North 89° 08' East, 134.9
feet; thence North 0° 34' East, 88.0 feet;
thence South 89° 08' Wes~ 134.9 feet to the
point of beginning, containing 0.27 acres,
more or less.
c;ardEGPierce, Mayor
ATTEST:
Clerk
ORDINANCE NO. 642

AND SUSPENDING THE REQUIREMENT FOR
WHEREAS, the City of Mountain Home is in need of

a reliable copying machine; and
WHEREAS, a committee of the Council made recommenda-

tions and the Council reviewed presentations from three
separate vendors of such machine on March 12,1981; and
WHEREAS, the Council by a motion adopted to purchase

the Xer~x Copying Machine and trade in the City's
existing Minolta 10~ Machine; and
WHEREAS, the cost of the machine is in excess of

the amount permitted by law and ordinance and the
requirement for competitive bidding will serve no
further purpose; and
Whereas~ the sum of THIRTY-EIGHT HUNDRED DOLLARS

($3,800000) has been budgeted for expenditure in 1981
for such copying machine;

Section 1. An emergency exists and the City needs

a copier immediately.
Section 2. The requirement of competitive bidding

Section 3. The Mayor or his authorized representative

is hereby authorized to purchase from Xerox Corporation
a copying machine, Model 2600, for not more than the sum
of TWENTY-EIGHT HUNDRED NINETY-FOUR DOLLARS AND THIRTY
CENTS ($2,894.30) and to trade in the City's existing
Minolta 101 Cppier on such Xerox Machine.
Section 40 The value of the City's existing

Minolta 101 Copier is estimated to be FIVE HUNDRED
FIFTY DOLLARS ($550.00), such estimate given Council
in the Meeting on March 12,1981.
Section 5. An emergency is hereby declared to exist

as an efficient copier is needed to produce the paper
work necessary to dispatch the business of the City,
and this ordinance shall be in full force and effect
PASSED AND APPROVED THIS 23rd of March, 19810
(£JJ::.~
Roftald Eo Pierce, Mayor
ATTEST:
Suspended bidding-Xerox Copier

ORDINANCE NO. 643

AS AMENDED BY ORDINANCE NO. 433 WITH REF-
ERENCE TO ZONING WITHIN THE CITY LIMITS
OF THE CITY OF MOUNTAINHOME, ARKANSAS,
CHANGING AREA ZONED R-l to C-3

notice of filing said petition and a public hearing thereon was
published in a local newspaper having local circulation as re-
quired by Ordinance No. 296 as amended by Ordinance No. 433; a
public hearing was held; all remonstrances were heard, and after
which the Planning Commission recommended all property described
in Section 1 hereinafter be rezoned C-3; ~.


the City of Mountain Home, Baxter County, Arkansas, is hereby
changed in zoning from R-l to C-3:
A part of the NWt of the SEt of Section 9,

Township 19 North, Range 13 West, and described
as follows:
From the SW corner of the said NWt SEt, run

North along the Westside thereof 811.5 feet to
a point for a place of beginning; said place
of beginning being the NW corner of the Jewell
Cooper tract as shown in deed as recorded in
Deed Record Book 49 at page 522. ·From the place
of beginning, run East 432 feet, run thence
South 6 feet, run thence West 432 feet'to the
West side of the said NWt SEt. Run thence North
6 feet to the place of beginning. Contffining .
6/100 of an acre, more or less.
ALSO, That part of the NWt SEt of Section 9,

:follows:
Beginning at a point 25 5/7 rods, more or less,

South of the NW corner of the NWt SEt above
mentioned and the SW corner of the tract known
as the Acers Tract, for point of beginning
and in the center of College Street; run thence
East on a line parallel with the North line
of said forty 432 feet, more or less, to a
point on the East line of the Roy Bodenhamer
tract, run thence South on a line parallel
witfi the West line of tract conveyed and
College Street 123 feet, more or less, and
to the Northeast corner of the Jewell and
Geta Cooper tract, run thence West along the
North line of the Cooper tract 432 feet more
or less, and to the center of College Street,
run thence North 123 feet, more or less, to
the point of beginning, and containing one
acre, more or less.
Section 2. The conversion of real property to produc-

tive use and the development of the local economy and culture
Ordinance No. 643
Page 2
are of prime importance to the citizens of the community, an

emergency is hereby declared to exist and this ordinance shall
be effective from and after its passage.
PASSED AND APPROVED THIS 23rd DAY OF MARCH, 1981.
c5?rJ!J ~ -C2L~b~
Ronald E. Pierce
Mayor
ATTEST:
~~I2_~'x
PeneropeR:Feis(t v
City Clerk
ORDINANCE NO. 644

SUSPENDING THE REQUIREMENTS FOR COMPETITIVE
BIDDING.

Arkansas are in a state of disrepair; and
WHEREAS, the Street Department of the City is in need of

certain meterials to reconstruct certain streets of the City;
and

several respectable vendors or suppliers who have provided the
City in the past with materials and supplies; and
WHEREAS, the price of such materials will increase 4.15

cents on April 10, 1981; and
WHEREAS, if the procedure for competitive bidding is

followed, a higher price will be paid by the City for the same,
and the requirements for publication of legal notice is not
feasible or practical,
~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF

Section 1. Publication of legal notice for the


for the acquisition of materials and/or supplies for use by the
City Street Department is hereby suspended and waived.
Section 3. The Mayor is hereby authorized to purchase

or acquire from Hydrocarbon Specialists, Inc., Joplin, Missouri,
liquid asphalt as follows:
5,000 gallons MC-30 @ $0. 8610/gal. = $4,305.00

5,000 gallons RC-250 @ $0.8810/ gal. = $4,405.00
TOTAL $8,710.00
and to acquire the same in the BRme of and on behalf of the

City of Mountain Home and to expend therefor, a sum of an amount
not in excess of $8,710.00, such sum being hereby appropriated
therefor.
Section 4. Streets are necessary for the use of the

public and repair prior to the onset of winter, and reconstruction
during the summer good weather months is necessary, in addition to
a cheaper price being available to the City at this time prior
to April 10, 1981, an emergency is hereby declared to exist and
its pass ag e ,
,
C?rceL!c?~
Rdhald E. Pierce, Mayor
ATTEST:
~!
penelo~is~1tY(5lerk
A~
Suspended bidding-meterials for streets
ORDINANCE NO. 645
AN ORDINANCE EXTENDING AND ASSESSING A FIVE

(5) MILL TAX UPON PROPERTY WITHIN THE CITY;
CALLING FOR A SPECIAL ELECTION UPON THE
-'QUESTION; ESTABLISHING A DATE THEREFOR;
D&SIGNATING THE USE OF RECEIPTS THEREOF;
WHEREAS, by pledging five (5) mills of revenue from the asses-

ment and extension of tax levy as authorized by statute upon
property toward improvement of the CityTs fire fighting facilities,
the City will be able to achieve a lower fire insurance rating
and premiums paid for such insurance by the Citizens and inhabi-
tants of the City; and
WHEREAS, five (5) mills of the ten (10) mill tax as autho-
rized by statute will not be committed nor will the same be ex-
tended or assessed commencing January 1, 1982,

Section 1. Title.
This ordinance shall be known as the "Fire Protection

Improvement Program Ordinance."
Section 2. Special Election
A special election is hereby called of the electors of

the City for the 5th day of May, 1981, for submitting to the
electors of the City the question whether the City should extend
a five (5) mill assessment and levy or tax upon the property
within the City for the purposes of minimizing and eliminating
and reducing danger and the cost to the inhabitants of fire.
Section 3. Ballot Presentation and Ballot Form
The ballot presentation and title shall be in the

following form:
"Shall there be extended upon the tax rolls and

levied and assessed upon property within the City,
a five (5) mill tax to be used exclusively by the
City in lowering fire insurance ratings and improve-
ment of fire fighting facilities?"
"For adoption of a five (5) mill tax levy within

t'iieCity . • . • . . . • . • • . .. ••. ( )"
"Against adoption of a five (5) mill tax levy

wi thin the City. . • . . . . . • •. .•. ( ) IT
Section 4. Designation of Receipts.
Revenues from such extension of said five (5) mill

tax levy shall be used exclusively by the City in lowering fire
insurance ratings, including but not limited to expenditures for
additional personnel and acquisition of supplies, materials and
equipment.
The providing.of fire protection to the citizens and

inhabitants of the City at the lowest possible cost and at the
Ordinance No. 645
Page 2
earliest possible point of time is necessary for the preservation

of values of property of the citizens and inhabitants of the City,
an emergency is hereby deelared to exist and this ordinance shall
be effective from its passage and approval.
ATTEST:
Extending and assessing 5 Mill Tax

ORDINANCE NO. 646
AN ORDINANCE LEVYING A LOCAL SALES (GROSS RECEIPTS)

TAX; CALLING OF A SPECIAL ELECTION ON THE QUESTION
OF LEVYING SUCH TAX; DESIGNATING A BALLOT TITLE FOR
USE AT SUCH ELECTION; SPECIFYING THE USE OF PROCEEDS
OF SUCH TAX,PROVIDING FOR REBATE; AND FOR OTHER
PURPOSES.
WHEREAS, additional tax resources are necessary to provide

essential municipal services to the inhabitants of the City of
WHEREAS, the City of Mountain Home competes with cities in

the State of Missouri which permits cities and counties bordering
Baxter County to levy local sales and use taxes; and
WHEREAS, the City of Mountain Home faces a financial crisis

in reductililnLof Federal Revenue Sharing funds and lack of funds
for essential municipal services; and~

Section 1. Title
This Ordinance shall be known as the Mountain Home,

Arkansas, Local Sales (Gross Receipts) and Use Tax Ordinance.
Section 2. Tax Imposed--Rate
There:is hereby levied a local sales (gross receipts)

and use tax at the rate of one (1%) percent of the receipt from
the sale at retail within the City of all items which are subject
to taxation unde~ the Arkansas Gross Receipts Tax Act of 1941,
Act 386 of the 1941 Acts of Arkansas, as said Act has been hereto-
fore or may be hereinafter amended, and under the Arkansas Com-
penl1ating Tax Act of 1949, Act 487 of the 1949 Acts of Arkansas,
as said Act has been heretofore amended, and by Act 990 of 1975
as amended by Act 133 of 1981.
Section 3. Special Election
A special election is hereby called of the electors

of the City for the 5th day of May, 1981, for the purpose of
submitting to the electors of the City the question whether the
City should levy ~he tax as is described in Section 2.
Section 4. Notice of Election
The Mayor and/or City Clerk is hereby authorized and

directed to give the necessary notices to the County Board of
Election Commissioners and to all other persons of the calling of
such election.
Section 5. Ballot Presentation and Ballot Form
The ballot presentation and title shall be in the

following form:
"Shall there be levied a local sales (gross

receipts) and use tax at the rate of one
percent (1%) on the receipt f r-om.t.hesale
at retail within the corporate limits of
the City of Mountain Home of all items
wlllch are subject to taxation under the
Ordinance No. 646
Page 2
Arkansas Sales Tax Act (Arkansas Gross

Receipts Tax Act of 1941, Act 386 of the
1941 Acts of Arkansas), as said Act has
been heretofore or may be hereinafter
amended, and under the Arkansas Use Tax Act
(Arkansas Compensating Tax Act of 1949, Act
487 of the 1949 Acts of Arkansas), and
pursuant to Act 990 of 1975 as amended by
Act 133 of 1981, as said Acts have been
heretofore or may be hereinafter amended?"
"For adoption of a one percent (1%) local

sales and use tax within the City ••• ( )11
"Against adoption of a one percent (1%)

local sales and use tax within the City
. . ( )"
Section 6. Effective Dates
The effective dates of the various provlslons of this

Ordinance shall be those effective dates established in Section
2 of Act 990 of the 1975 Acts of Arkansas (Ark. Stat. Ann.
Section 19-4514(e) (Rep'l 1980), as amended.
Section 7. Designation of Receipts
Revenues received from the collection of such tax in

the 1981 calendar year shall be used exclusively for streets.
Revenues received from the collection of such tax after

January 1, 1982, shall be distributed as follows:
(I) 47.00% not to exceed THREE HUNDRED AND

FIFTY THOUSAND DOLLARS per annum shall
be deposited in a special fund to be
used exclusively for water and sewer
improvements; and
(II) 8.00% not to exceed SIXTY THOUSAND

DOLhARS per annum shall be deposited
in a special fund to be used exclusiV~l
!for paymen t ",:por:
bonds to be issue~ ~*tI.,Y
~or a new sWlmmlng pool; and
(III) 45.00% or the balance shall be deposited

in a special fund to be used exclusively
for streets and drainage.
Section 8. Rebate
As authorized by statute, the City of Mountain Home

shall rebate, on an individual claim basis, taxes paid to the
City pursuant to this ordinance which amount to more than
twentY-live dollars ($25.00) as paid on a single transaction
which exceeds twenty-five hundred dollars ($2500.00)
The provisions of this Ordinanee shall be deemed

severable.
Section 10. Unconstitutionality
The invalidity, unenforceability, and unconstitutional-

ity of any clause, phrase, sentence or part thereof of any sec-
tion or provision of this Ordinance shall not invalidate any
other section or provision of this Ordinance.
Ordinance No. 646
Page 3
All terms used herein shall be defined as having the

meanings as set forth in Act 386 of 1941 and Act 487 of 1949 of
the State of Arkansas and the term "City" as used herein, shall
mean the City of Mountain Home, Arkansas.
Additional tax resources are necessary to provide essen-

tial municipal services to the inhabitants of the City of Mountain
Home, an emergency is hereby declared to exist, and this ordinance
shall be effective from its passage and approval.
~dI7e&?+<
R~ald E. Pierce, Mayor
ATTEST:
\yt2~£<
Penelope
;t2~ ;;1:
RI Feis/t~Ei ty Clerk
1% Sales Tax
ORDINANCE NO. 647
AN ORDINANCE REPEALING PART OF

ORDINANCE NO. 409.
WHEREAS, Ordinance No. 409 provides for an annual fee per

sprinkler head for sprinkler systems; and
WHEREAS, Sprinkler systems are most effective in

containing fire and extinguishing the same; and
WHEREAS, such fees are deemed no longer necessary or

needed;

Section 1. The following paragraph is hereby deleted:
There shall be charged an annual fee to the owner

of the sprinkler protection system on the basis
of fifty cents (50 cents) per sprinkler head
but in no case shall there be less than the
minimum charge of One Hundred Dollars ($100.00)
annually for any sprinkler system."
ATTEST:
Deleting"fee on Sprinkler heads

ORDINANCE NO. 648
AN ORDINANCE REPEALING ORDINANCE NOS.

85, 86, 87, 88, 89, 89, 90, 91, 93,
94, 95, 96, 97, 98, 99, and 103;
PURPOSES.
WHEREAS, Ordinance No. 85, amending Ordinance

No. 58, adopted on April 7, 1947 provided for fees for the
marshall of taking up animals and livestock running at large
and such Ordinance is archaic and the subject matter has
been superseded by Ordinance No. 530; and
WHEREAS, Ordinance No. 86 amending Ordinance

No. 76 am~nding Ordinance No. 80 adopted on the 23rd day of
June, 1~47 levying a tax on the privilege of engaging in
busin#~s, trade, occupation, vocation or profession or calling
intne City has been superseded by Ordinance No. 589, and the
saine is archaic and needs to be repealed; and
WHEREAS, Ordinance No. 87 pertaining to the

erection, construction, extension or enlargement of buildings
and adopted on the 23rd day of June, 1947 has been superseded
by Ordinance No. 629 and the same needs to be repealed; and
WHEREAS, Ordinance No. 89 adopted on the 18th

day of October, 1947 regulating the operation of taxicabs and
automobiles for hire within the City has been superseded by
Ordinance No. 608, and the same needs to be repealed; and
WHEREAS, Ordinance No. 89 adopted the 27th day

of April, 1948 pertaining to the operation of motor vehicles
is now appropriately covered by State statutes and the same

of April, 1948 pertaining to the operation of pickup trucks
and parking is now covered by appropriate State Legislation
and the same needs to be repealed; and

of April, 1948 pertaining to public intoxication and driving
while intoxicated and reckless driving is now covered by
appropriate State statutes and Legislation, and the same needs
to be repealed; and

of April, 1948 pertaining to the operation of motor vehicles
is now covered by appropriate State Legislation and statute

of April, 1948 providing for penalty for obstruction of a
law enforcement efficer in the performance of his duties is
now covered by appropriate State Legislation and the same
WHEREAS, Ordinance No. 95 pertaining to the

carrying of weapons and adopted on the 27th day of April,
1948 is now covered by appropriate State Legislation and
the same needs to be repealed; and
WHEREAS, Ordinance no. 96 adopted the 27th day

of April, 1948 pertaining to minors and their entry into
pool halls is now covered by appropriate State Legislation

of May, 1948 prohibiting the holding of c~rnivals within the
City Limits is archaic and needs to be repealed; and
WHEREAS, Ordinance No. 98 adopted October 12,

1948 prohibiting certain actjvities with reference to fires,
fire trucks, burning buildings, etc., is now covered by
appropriate State Legislation, and the same needs to be
repealed; and .

of October, 1948 imposing a Jicense fee or tax upon vehicles
licensed within the City is @rchaicc and needs to be repealed;c
and
WHEREAS, Ordinance No. 103 amending Ordinance

No. 76 amending Ordinance No. 80 adopted the 3rd day of
January, 1950 levying a tax on the privilege of engaging in
business, trade, occupation, vocation or profession or calling
has been superseded by Ordinance No. 589, and the same needs
to be repealed; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY

COUNCIL OF MOUNTAIN HOME, ARKANSAS:
Ordinance Nos. 85, 86, 87, 88, 89, 89, 90, 91,
93, 94, 95, 96, 97, 98, 99, pnd 103 should be and each is
hereby specifically repealed in their entirety.
Section 2 Emergency.
An emergency i,shereby declared to exist and

this Ordinance being necessary in that the Ordinances
repealed hereby are not being enforced, are no longer viable,
and each needs to be repealed and removed from the Ordinance
records of the City, this Ordinance shall be in full force
and effect from and after i~s passage and publication.
PASSED AND APPROVED this 23rd day of April, 1981.
onald E. Pierce, Mayor
ATTEST:
ORDINANCE NO. 649
AN ORDINANCE ESTABLISHING THE

PROCEDURE; PRESCRIBING THE DATE
FOR FILING RESOLUTIONS AND
ORDINANCES FOR CONSIDERATION BY
COUNCIL; ESTABLISHING THE PROCEDURE
AND DATE FOR FILING NEW BUSINESS TO
BE CONSIDERED BY COUNCIL;PRESCRIBING
EXCEPTIONS THERETO; DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, procedure and decorum require the

Council conduct in an orderly manner its business and matters
coming before it; and
WHEREAS, in order to prescribe and establish dates

for filing ordinances and resolutions requiring Council action
and matters to be considered by the Council; and
WHEREAS, in order to preserve the public health,

safety and welfare of the citizens of Mountain Home,

COUNCIL OF THE CITY OF MOUNTAIN HOME, ARKANSAS:
Section 1. Title.
This ordinance shall be known as the "Council

Consideration and Procedure Ordinancell•
Section 2. Ordinances and Resolutions.
The Council shall not consider any Resolution

and Ordinance unless the same, together with appropriate
comments from the sponsor thereof, shall have been placed in
substantially its final form with the Clerk at least one week
prior to requested Council action thereon.
Section 3. New Business.
The Council shall not consider any new business

on any subject matter unless the subject thereof, with
appropriate comments thereunto, shall have been registered
with the Clerk by no later than 12:00 o'clock noon Tuesday
prior to the requested Council action thereon.
Section 4. Exception.
The Council shall not consider any Resolution,

Ordinance or new business except as provided in Sections 2
and 3 hereinabove, except however, a majority vote of those
elected members of the Council may dispense with the require-
ments of this ordinance upon such a roll call vote duly
taken.
In order to function more effectively and in

order to eliminate und~ly lengthy Council sessions, the
City Council hereby finds this ordinance is necessary for
the immediate preservation of its order of business, an
emergency is hereby declared to exist and this ordinance
shall be effective from and after its passage and publication.
Section 6. Repealer
All ordinances and parts thereof and provisions

of Roberts Rules of Order in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 21st day of May,1981.
~~
ona:J:d];. ~irce,
.. :
Mayor
ATTEST:
ORDINANCE NO. 650

WHEREAS, the City Park is in need of backstops

for the baseball diamonds; and
WHEREAS, such backstops are available locally

and the closest in distance to the City by anot~er supplier
is in Louisville, Kentucky, and whose price is cheaper but
freight and installation will exceed an offer by North
Arkansas Fence Company, a local supplier; and
WHEREAS, if the procednre for competitive

bidding is followed, a lower price will not be obtained
inasmuch as North Arkansas Fence is the only supplier,
and the requirements for publication of legal notice is
not feasible or practical,

COUNCIL OF MOUNTAINHOME, ARKANSAS:
Section 1.
Publication of legal notice for the

Section 2.
The requirement for competitive bidding for the

acquisition of backstops for use in the Park is hereby suspended
and waived.
Section 3.
The Mayor is hereby authorized to purchase or

acquire from North Arkansas Fence Company, Mountain Home,
Arkansas, four backstops at a sum not to exceed THREE THOUSAND
TWO HUNDRED DOLLARS ($3,200.00) and to acquire the same in the
name of and on behalf of the City of Mountain Home, said sum
of money is hereby appropriated therefor.
Section 4 .•
Backstops are necessary to protect the patrons

at the ball field and their installation will protect the
public at such fields of play, an emergency is hereby declared
to exist and this ordinance shall be in full force and effect
PASSED AND APPROVED this 21st day of May,1981.
RnaidE: Pierce, Mayor
ATTEST:
Suspending bidding-backstops at ball field

ORDINANCE NO G 652
AN ORDINANCE ANNEXING CERTAIN PROPERTY

TO MOUNTAIN HOME, ARKANSAS, WATER AND
SEWER IMPROVEMENT DISTRICT NO. 3 OF
SAID CITY, ASSIGNING THE SAME TO A
WARD, AND FOR OTHER PURPOSES.

1. That the lands described in Exhibit "A"

annexed to this Ordinance and made a part hereof as though
fully set out herein word for word, be annexed to the City
of Mountain Home, Arkansas, and Water and Sewer Improvement
District No. 3 of said City.
2. That the same b~, and is hereby designated

to be part of Ward One (1) of the City of Mountain Home,
Arkansas.
3. The property is zoned R-4.
4. That the provisions of this Ordinance

are severable, and in the event that any section or part
thereof shall be held to be invalid, such invalidity shall
not affect the remainder of this Ordinance.
5. That the Ordinance being necessary for the

preservation of public health, safety and morals, an
emergency is hereby declared to exist, and the same shall
PASSED AND APPROVED this 28th day of May,1981.
ATTEST:
~~Clerk
EXHIBIT "A"
Part of the Nt of the swt and part of the SEt of the NWt
of Section3, Township 19 North, Range 13 West, Baxter
County, Arkansas, more particularly described as follows:
From the SW corner of the Nt of the swt, go S. 89° 23' 15" E.

709.32 feet along the forty line to a point in Buzzard Roost
Road, the SE corner of Mountain Springs Estates Subdivision
(Subdivision Slide 82), the point of beginning of tract being
described; then go along the Easterly boundary of Mountain
Springs Estates Subdivision with the following movements:
N. 16° 45' 52" W. 207.23 feet (described on the recorded
plat of said subdivision, herein after "Record:" N. 17°
31' W. 208.76 feet) to the center of a sewer manway cover,
N. 33°19' 10" E; 367.05 feet (Record" N. 32° 31' E. 367.11

feet) to the center of a sewer manway cover, N. 07° 37'
03" E. 388.13 feet (Record: N. 06° 52' E. 388.25 feet)
to an existing one-half inch rebar; N. 04° 59' 10" E.
300.60 feet (Record: N. 04° 15' E. 300.60 feet) to an existing
one-half inch rebar in an East-West fence line, the NE corner
of Mountain Springs Estates Subdivision; then go S. 88°
07' 48" E. 657.93 feet along a fence line, to an existing
3/8 inch rebar at fence corner; then go N.OIO 06' 50" E.
403.83 feet along a fence line, to an existing steel fence
post, and the accepted SW corner of Corporate Limits line
of the City of Mountain Home, as annexed by Ordinance No_ 343;
then go S. 88° 51' 23" E. 1081.08 feet along fence line, and
the accepted Southerly corporate limits line to a set one-
half inch rebar in a fence corner; then go S. 08° 47' 16"
W. 259.43 feet along fence line to an existing one-half
inch rebar, the NW corner of Northbrook Subdivision,
Block II (Subdivision Slide 669), the NW corner of Corporate
Limits line of the City of Mountain Home as annexed by
Ordinance No. 554; then go along Westerly boundary of
Northbrook, Black II, and Westerly Corporate Limits line of
the City of Mountain Home, S. 06° 52' 02" W. 1322.02 feet
(described on the plat of Northbrook Subdivision, Block II,
as N,,06° 28' 30" E ..1324.96 feet) to the SW corner of
Northbrook, Block II, a point in Buzzard Roost Road on the
Southerly line of Nt swt, 196.46 feet N. 89° 23' 15" W. of
the SE Corner of the Nt swt, existing one-half inch rebar;
then go along said Southerly line of Nt swt, N. 89° 23'
15" W. 1768.11 feet to the point of beginning, containing
56.48 acres.
ORDINANCE NO. 653
AN ORDINANCE AMENDING ORDINANCE NOo

441 AND 628, WHICH INCREASES THE
SERVICE ORDER CHARGES FOR INSTALLA-
TIONS; MOVED AND RECONNECTS

OF MOUNTAIN HOME, ~SAS, AS FOLLOWS:
Section 1.
That Section 11 of Ordinance 441 is hereby

Section 11. By its acceptance of this franchise,

the Grantor specifically grants and agrees that its rates
and charges to its subscribers f0r television and radio
signal shall be fair and reasonable and no higher than
necessary to meet all lawful costs of operation (assuring
efficient and economical management), including a fair
rate on investment. The existing monthly rates and
charges, which are hereby approved beginning July 1, 1981,
are as follows:
Schedule
Main Station $ 8.45

Up to 10 outlets * 2.00
Above 10 outlets ** 5.00
Installation Charges:
Residential
Previous Service (one outlet) 15.00
No Prior Service (one outlet) 30.00
For each additional outlet 5.00
Extension F.M. or T.V. 15.00
Business
Previous Service per outlet 15.00
Moves and Changes:

Inside 15.00
Outside
Reconnect after disconnect for non-payment 20.00
** Amplifiers will be a~ded as needed to maintain signal

strength due to losses because of number of extensions
or length of runs.

proposed rates within ninety days of a written request
by Grantee and the Grantor shall have the reciprocal right

to ask the Grantee for a rate decrease.
Section 2. Repealer
All ordinances or parts of ordinances in force at

the time that this ordinance takes effect and inconsistent
therewith, are repealed.
WHEREAS, this ordinance is necessary due to the

general economic conditions in order to insure a proper
rate of return to the Franchisee, and an emergency is
hereby declared to exist and this ordinance shall be in
APPROVED this 11th day of June, 1981.
ATTEST:
Cable Co. service order charges-increase

ORDINANCE NO. 654
AN ORDINANCE WAIVING THE REQUIREMENTS

OF COMPETITIVE BIDDING; AUTHORIZING
THE CHIEF EXECUTIVE OF THE MUNICIPALITY
TO EXECUTE A CONTRACT TO DESIGN THE
RETROFIT AND MODIFICATION OF THE WASTE-
WATER TREATMENT PLANT; DECLARING AN
WHEREAS, the City's wastewater treatment plant is

presently overloaded and produces an effluent which
quality exceeds the City's NPDES permit limitations; and
WHEREAS, it has been determined that the present

facilities can be enlarged by modifying and retrofitting
the facilities from'contact stabilization type treatment to
conventional aeration type treatment, together with
additional clarification of wastewater.

MOUNTAIN HOME, ARKANSA$:
Section 1.
The requirements of competitive bidding are hereby

waived and the Mayor and Chief Executive Officer of the
Municipality is hereby authorized to enter into and to
execute a contract with Garver & Garver, Inc., Consulting
Engineers, Little Rock, Arkansas, to design and to prepare
construction documents for the modification and retrofit
of the City's existing wastewater treatment plant.
Section 2.
The maximum amount payable by the City to Garver &

Garver, Inc. under the terms of said contract shall not
exceed $19,500.00.
Section 3.
Upon execution, by both parties thereto, of the
aforesaid contract, the Mayor and Chief Executive Officer
of the Municipality is hereby authorized and directed to
execute and deliver the Notice to Proceed to Garver &
Garver, pursuant to the contract herein authorized.
In order to expand the present wastewater treatment

facilities to be within the current limitations of the
NPDES Permit, and for the protection of the health and
safety of the residents of Mountain Home, an emergency is
hereby declared to exist, and this ordinance shall be in
approval.
PASSED AND APPROVED this lIthe day of June, 1981.
Modification of Wastewater Treatment Plant- Garver & Garver

ORDINANCE NO. 655


Arkansas are in a state of disrepair; qnd
WHEREAS, the Street Department of the City has

commenced a program of reconstruction of certain streets
in the City; and
WHEREAS, the amount of liquid asphalt used has equalled

the amount of asphalt stored; and

respectable suppliers; and
WHEREAS, time is of the essence in completion of the

work scheduled;

Section 1.
An emergency exists and the Street Department needs

liquid asphalt immediately.
Section 2.
The requirement of competitive bidding is hereby

suspended.
Section 3.
The Mayor is hereby authorized to purcha~e liquid
asphalt from Hydrocarbon Specialties, Inc., Joplin,
Missouri. Said purchase shall be approximately as
follows:
5000 gallons RC250 = $4,425.00
Section 4.
An emergency is hereby declared to exist and this

its passage.
PASSED AND APPRQVED this 25th day of June, 1981.
ATTEST:
Suspended bidding-liquid asphalt- Hydrocarbon Spec., Inc.

ORDINANCE NO. 656
AN ORDINANCE WAIVING THE REQUIREMENT

THE CHIEF EXECUTIVE OF THE MUNICIPALITY
TO EXECUTE A CONTRACT TO DESIGN THE
WATER TREATMENT EXPANSION PROJECT;
PURPOSES.
WHEREAS, the City's water system is presently in need

of expansion; and
WHEREAS, it has been determined that the present

facilities can be enlarged by modifying and expanding
the present facilities and system;

Section 1.
The requirements of competitive bidding are heFeby

waived and the Mayor and Chief Executive Officer of the
Municipality is hereby authorized to enter into and to
execute a contract with Garver & Garver, Lncv ; Consulting
Engineers, Little Rock, Arkansas, to design and to prepare
construction documents for the modification and expansion
of the City's existing water system.
Section 2.
The maximum amount payable by the City to Garver &

Garver, Inc. under the terms of said contract sha11 not
exceed $21,000.00 for Phase I of the contact pertaining
to storage facilities.
Section 3.
Upon execution, by both parties thereto, of the

aforesaid contract, the Mayor and Chief Executive Officer
of the Municipality is hereby authorized and directed to
execute and deliver-the Notice to Proceed to Garver
& Garver, pursuant to the contract herein authorized,
for Phase I of the project.
Section 4.
The contract authorized by Section 1 hereof -shall

include Phases II and III, provided, however, Notice
to Proceed to said Garver & Garver, Inc. shall be given
by separate ordinance authorizing the same expenditures.
In order to expand the present water system and

facilities and for the protection of the health and
safety of the residents of Mountain Home, an emergency is
hereby declared to exist, and this ordinance shall be in
approval.
PASSED AND APPROVED this 23rd day of July, 19810
....
.J
ATTEST:
~~
Water Treatment Expansion Project-Garver & Garver

ORDINAN~E NO. 657
AN ORDINANCE LEVYING AN ADDITIONAL

THREE DOLLARS ($3.00) COURT COST ON
CASES IN THE MUNICIPAL COURT OF
MOUNTAIN HOME, ARKANSAS, UNDER
AUTHORITY OF ACT 942 OF 1981; CREATING
A CRIMINAL JUSTICE FUND; DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDA NED BY THE CITY COUNCIL OF THE CITY OF

MOUNTAIN HOM& SAS:
Section 1.
Under authorit of Act 942 of 1981, there is hereby

levied and shall be ollected from each defendant upon
plea of guilty, nolo ontendere, forfeiture of bond, or
determination of guil for misdemeanors or traffic
violations in the muni ipal court of Mountain Home, '
Arkansas, the sum of Th ee Dollars {$3.00).
Section 2.
The monies collected levy of this ad itional

court cost shall be deposi ed in the Municipal ourt
Account until monthly settl ment is made for c rt costs
and money collected by this evy shall then b deposited
into a bank account known as the "Criminal J stice Fund
of the City of Mountain Home" and such moni shall be used
solely for reimbursing the co ty for expe es incurred in
incarcerating city prisoners.
Section 3. /
WHEREAS, there is a great ne d for/an additional
source of revenue to pay the risin c~t of keeping
prisoners; therefore, an emergency\is hereby declared to
exist and this ordinance being imme~yately necessary for
the protection of the public peace,)~ealth, and safety
shall take effect immediately upon~~s passage and
approval.
PASSED AND APPROVED THIS 23 d da of July, 1981.
ATTEST:
Levying ad ition $3.00 of Court Cost on Cases \CiPal Ct.

ORDINANCE NOo 658

WHEREAS~ the City's Water Department is in need of

vehicles for transportation for employees to read meters;
and

local car dealers for undersized pickup trucks and the
same are available locally; and
WHEREAS, the procedure for competitiv.e bidding and

requirements of legal notice is not feasible or practical,

Section 1.
Publication of legal notice for the requirement of

competitive bids is not feasible or practical.
Section 2.
The requirement for competitive bidding for the

acquisition of pickup trucks for the Water Department
employees and meter readers is hereby suspended and
waived.
Section 3.
The Mayor is hereby authorized to purchase or acquire

from Kent Chevrolet, Inc., Mountain Home, Arkansas, two
1981 1.8 liter, 104.3 wheel base, four cylinder Chevrolet
Luv pickup trucks without air conditioning with four-speed
transmission, heater and defroster, windshield washer,
E-78-14 tires and AM radio at a price not to exceed
SIX THOUSAND DOLLARSt$6,000.00) each and to acquire the
same in the name of and on behalf of the City of Mountain
Home and to expend therefor a sum not in excess of TWELVE
THOUSAND DOLLARS ($12,000.00), such sum being hereby
appropriated from Water and Sewer therefor.
Section 4.
Transportation is necessary for the reading of water

meters by City employees and existing vehicles are unusable
and bear extra cost for maintenance and upkeep and the
acquisition of undersized vehicles will reduce such costs,
therefore an emergency is hereby declared to exist and this
ordinance shall be effective and in full force from and after
its passage.
ATTEST:
Purchase of Pick-up trucks for Water Dept.

ORDINANCE NO. 659
AN ORDINANCE REGULATING THE MARKETS

AND MARKETPLACES FOR THE SALE OF
VEGETABLES; THE KIND AND DESCRIPTION
OF ARTICLES THAT MAY BE SOLD THEREIN;
REGULATING HUCKSTERING; PRESCRIBING
A PENALTY FOR VIOLATION; DECLARING AN
EMERGENCY: AND FOR OTHER PURPOSES.
WHEREAS, prusuant to an Act of the State Legislature of

March 9,1875, that permits the City to establish and regulate
the markets ~nd marketplaces for the .sale of vegetables and
other articles necessary for the sustenance, convenience and
comfort of the City and the inhabitants thereof; and
WHEREAS, the Ci;ty desires to establish and prescribe the

manner of sale of farm products; and
WHEREAS, in order to prohibit huckstering and adopting

rules and regulations necessary to preserve order and protect
the health, safety arid welfare of the citizens of the City,

Section 1.
This Ordinance shall be known as liThe Marketplace

Regulation Ordinance."
Section 2. Exemptions.
An occupation_@r privilege license as required by

Ordinance 589, as amended, shall not be applicable to those
persons who produce and offer for sale, either in person or
through a duly authorized agent, any fruits, vegetables, or
any products of the farm, including meats from domestic
animals or livestock produced or grown within the State of
Arkansas.
Section 3. Restriction Upon Peddlers, Vendors and

Hucksters.
No person shall sell goods, wares, vegetables or

merchandise of any description from in or upon a motor vehicle,
platform, truck, assembly or stand, upon the public road.s,
streets and ways, sidewalks and rights of ways, except from
areas designated for use as a "farmers' market" as provided
in Section 4 hereof, and except, further, however, from a
building or structure meeting the requirements of the
Arkansas State Board of Health and Ordinance No. 629 pertaining
to the construction and occupancy of said structure.
section 4. Farmer's Market.
The parking areas of the Mountain Home Municipal Parking

Authority adjacent to Hickory and Sixth Street are hereby
designated as a Farmers' Market whereat vegetables of any
description may be offered for sale or exchange.
Section 5. Penalty f~r Violation.
Any person deemed guilty of selling goods, wares,

vegetables or merchandise of any discription.other than articles
grown, produced or manufactured by such seller himself as
provided for in this ordinance, shall be deemed to be a
violation of this ordinance and a misdemeanor, and shall pay a
fine of not less than $100.00 nor more than $250.00, and each
day of such violation shall be deemed a separate offense.
a. The term "City" as used herein, shall mean the City

of Mountain Home, Arkansas;
Ordinance No. 659 page 2
b. The term "person" as used herein, shall mean any

individual, firm, partnership, association, corporation,
coop (cooperative), venture or entity.
c. The term "vegetables" as used herein, shall mean any

fruits, vegetables or products from the farm, including
meats from domestic animals or livestock, eggs, chickensj
or other articles 'usually grown, produced or manufactured
on farms,berries, me10ns, potatoes, or cabbage.
Section 7. Construction.
a. -The words "herein" and "hereinafter- and lIhereof" and

"hereunder" and "hereinbelow" and words of similar import,
without reference to any particular sectionuor subdivision,
or paragraph, refer to this ordinance as a whole, rather
than to any particular section, subdivision or paragraph;
b. The topical headings of sections, subdivisions or

paragraphs herein are for convenience only and shall
not affect the construction hereof;
c. Unless the context clearly represents ot.herwf.se , ·the

singular shall include the plural and vice versa, and
the masculine shall include the feminine and vice versa.
Section S. Severability.
The provisions of this ordinance shall be deemed

severable, and the invaliditY,unenforceabillty, or
unconstitutionality of any section, clause, phrase, sentence or
part thereof, shall not affect the validity, enforceability, or
If any section of this ordinance should be held

unconstitutional, such ruling shall in no way impair thB
This ordinance is necessary for the preservation of the

health and safety of the citizens of Mountain Home, Arkansas,
as the foods, vegetables and other articles necessary for
sustenance, convenience and comfort of the inhabitants may be
sold, and will el~minate the unsightly and unsanitary selling
of vegetables' and other articles, an emergency is hereby
declared to exist and this ordinance shall be in full force and
effect from and after its pa ssag'e and publication.'
PASSED AND APPROVED this -13th day of August, 1981.
~g~-i
RaIdCPierce, Mayor
Regulating market places for the sale of vegetables.

ORDINANCE NO. 660
AN ORDINANCE GRANTING AND AUTHORIZING THE

ARKANSAS DEPARTMENT OF POLLUTION CONTROL
AND ECOLOGY TO EXTEND A CONTRACT FOR A
STREAM STUDY ON BEHALF OF THE CITY IN ORDER
TO DETERMINE EFFLUENT LIMITS FOR THE CITY'S
SEWAGE DISCHARGE; AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SAME; DECLARING AN
WHEREAS, the City of Mountain Home has been awarded a

municipal sewage treatment system construction grant
(C-05-0452) by the U. S. Environmental Protection Agency; and
WHEREAS, the State of Arkansas, through the Department,

will have the responsibility for setting effluent limits for
municipal discharges; and
WHEREAS, a program of stream sampling, testing and

analysis must be performed to determine final Bffluent limits
before the grant can proceed to the final construction state;
and
WHEREAS, the City desires for the grant to proceed, to

the benefit of the City and inhabitants thereof; and
WHEREAS, the U. S. Environmental Protection Agency is

empowered to pay 75 percent (75%) of the actual cost of such
sampling, t~sting, and analysis and must approve any report
prepared under this contract; and
WHEREAS, the Department has been required by the

Environmental Protection Agency to administer this program;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY GOUNCIL OF

Section 1.
The Mayor is hereby authorized to execute for and

on behalf of the City of Mountain Home, a contract in
substantially the same form as appended hereto, for a
stream study to be performed by the entity selected by
the Arkansas Depar~ment of Pollution Control and
Ecology, and to expend therefor, such sums as may be
appropriated therefbr.
Section 2.
An emergency is declared to exist as the health and

safety of the community and viability of its services to
residents and businesses are dependent upon effective
moni toring of sewage plant discharges and a healthful
environment, and emergency is hereby declared to exist
and this Ordinance shall be effective upon its passage
and approval.
~p.nal~Pierce, (2.. ')

Mayor
ATTEST:
ORDINANCE NO. 661

CHANGING AREA ZONED R-l TO C-2.

notice of filing said petition and a public hearing thereon
was published in a local newspaper having Lo'ca.I circulation as
required by Ordinance No. 296 as amended by Ordinance No. 433;
after which, the Planning Commission recommended all property
described in Section 1 hereinafter be rezoned.

Section 1.
The following described real property in the City of

Mountain Home, Baxter County, Arkansas, is hereby changed in
zoning from R-l to C-2:
That part of the SEt of NEt of Section 9, Township 19

Beginning at the Quarter corner between Sections 9 and

10 Township 19 North, Range 13 West, run thence North
67 ft. 2 inches to a point on the North boundary line
of Highway No.5, run thence North 890 2Q' West along
the North line of said Highway 526 feet, 6 inches, to
a point where the West boundary line of Meadowlane
Street intersects the North line of Highway No.5, for
a point of beginning for the tract hereih described, con-
tinue thence North 890 20' West along the North boundary
of Highway No.5, 178 ft. and 2 inches to a point, run
thence North 50 feet, to a point, runclihence West 50
feet to a point, run thence North 138 feet to a point,
run thence South 890 20' East 224 ft. to a point on the
West side of Mead0wlane Street, run thence South 10 East
with the West line of Meado~lane st. 193 ft. 6 inches to
the point of beginning, being the same lands as those
designated as Lot No. 7 on the plat of a survey appear-
ing of record in survey Book "E", at page 88 of the
records of Baxter County, Arkansas.
PASSED AND APPROVED this 13th day of August,1981.
~~~~
·RO'd¥.Pierce, Mayor
ATTEST:
~~Clerk
ORDINANCE NDo 662

AS AMENDED BY ORDINANCE NOs 433, WITH
RELATIVE TO CHANGING AREA ZONED AS R-l
TO C-3.


as required by Ordinance No. 296 as amended by Ordinance
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF


be, and is hereby, changed in zoning fromR-l to C-3:
Lot No. 56, Plaza Heights Subdivision, a subdivision

of Mountain Home, Baxter County, Arkansas, as shown
by the recorded plat of said subdivision.
WHEREAS, this Ordinance is necessary for the conversion

of real property to productive use, the painting and restoration
of one of the older homes in xhis area, and the development of
the local economy and culture are of primary importance to the
citizens of the community; therefore, an emergency. is hereby
ENACTED the 13th day of August, 1981, and declared effective

~C!:.~~
~ierce, Mayor
ATTEST:
~~~~
ORDINANCE ND. 663
AN ORDINAN~E AMENDING ORDINANCE NO. 568

PERMITTING A YEARLY PERMIT TO ALL PERSONS
AND CHANGING DESIGNATED ENTITY TO WHOM
APPLICATION IS MADE; NOTICE OF BLASTING;
AND TO PROVIDE ANNUAL REVIEW.
WHEREAS, it is now deemed necessary to grant unto all

persons the right to procure a yearly blasting permit; and
WHEREAS, it is now necessary to change the individual to

whom application is made and to whom notice of blasting be
given;

Section 1.
The words, "City Clerk" as it appears in Section 5 (a)

of Ordinance 568 is hereby deleted and inserted therefor
the term "Mayor".
Section 2.
The term "Engineer" as it appears in Section 5 (c) of

Ordinance 568 is hereby deleted and inserted therefor the
term "Police Department".
Section 3.
Preceding the term "public utility" as it appears in

each and every part of Section 5 (d) of Ordinance 568
shall be the terms "person or"o
Section 40
The words "if possible" as they appear in Section 5 (d)

of Ordinance 568 are hereby deleted.
Section 5.
The period at the end of Section 8 is hereby deleted and

the phrase "and the same shall be renewable annually by
the Mayor." shall ,be inserted thereat.
Section 6.
The term "City Engineer" as it appears in Section 5,

Section 6, and Section 9 of Ordinance 568 are hereby
deleted and inserted therefor the term "Hayo r ";
PASSED AND APPROVED THIS 13th day of August,1981.
~2~~_~.
~ierce, Mayor
ATTEST:
~p.~
~FE(ist, City Clerk
Blasting Permit
ORDINANCE NO. 664

653 ,WHICH INCREASES THE MAIN STATION AND
EXTENSION CHARGES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUN-
TAIN HOME, ARKANSAS, AS FOLLOW:
That Section 11 of Ordinance 441 is hereby amended to
read as follows:
Section 11. By its acaeptance of this franchise, the

Grantor specifically grants and agrees that its rates and
charges to its subscribers for television and radio signal
shall be fair and reasonable and no higher than necessary
to meet all lawful costs of operation (assuring efficient
and enonomical management), including a fair rate on invest-
ment. The existing monthly rates and charges, which are ~
hereby approved beginning October 1, 1981, are as follows:
Main Station
Extensions, T.V. or F.M.
Schedule
$ 9.05
1.00
!
Charge for amplifier (when heeded)
Above 10 outlets** ~5';00
Installation Charges:
Residential
Extension F.M. or T.V. 15.00
Business
Previous Service per outlet 15.00
Mo~s and Changes:
Inside 15.00
Outside:
Reconnect after disconnect for non-payment 20.00
** Amplifiers will be added as needed to maintain signal
stength due to losses because of number of extensions or
length of runs.
Grantee shall make no change in rates and changes for

service under this Ordinance without approval of the City
proposed rates within ninety days of a written request by
Grantee and the Grantor shall have the reciprocal right
to ask the Grantee for a rate decrease.
Ordinance No. 664
Page 2
WHEREAS, this Ordinance is necessary to ensure a

proper rate of return to Home Cable Company, and an emer-
gency is hereby declared to exist, and this Ordinance shall
APPROVED this 24 th day of__ S_e...Ap_t_e.;..m_b~e_r
, 1981.
APPROVED:
~z.G2~-~
R:IialdC Pierce, Mayor
ATTEST:
Cable Co. increase

ORDINANCE NO. 665

WHEREAS, the City has undertaken a street and road

improvement program; and
WHEREAS, proposals from two local reputable street and

road construction entities were requested and have been
received and evaluated; and
WHEREAS, the procedure for co~petitive bidding and

requirements of legal notice is not feasible or practical,

Section 1.
competitive bids is not feasible or practical.
Section 2.
The requirement for competitive bidding for the clean-
ing, patching and repair and resurfacing of parts of Church
Street, First Street and Nicole Street is hereby suspended
and waived.
Section.J3.
The Mayor is hereby authorized to purchase and enter
a contract with Twin Lakes Quarry's, Inc., Mountain Home,
Arkansas, for 1,316.9 square yards of 2" hot mix asphalt
compacted surface on Church, First an Nicole Streets, in-
cluding cleaning, patching, repair and priming, @ a price
not to exceed $3.65 per square yard, or $4,806.69, including
labor thereon, such sum being hereby appropriated therefor,
Section 4.
Street and road repair and resurfacing of hazardous
streets is necessary for the health and safety of the
citizens and inhabitants-of the City, therefore an emer-
gency is hereby declared to exist and this Ordinance shall
be effective from and after its passage.
PASSED AND APPROVED THIS 22ND DAY OF OCTOBER, 1981.
~c?Q2<
~ierce, Mayor
ATTEST:
~-lf!:~y Clerk
Suspending bidding for repair of Church, First and Nicole

ORDINANCE NO. 666
AN ORDINANCE ADOPTING THE 1979 ENERGY

EFFICIENCY STANDARDS FOR NEW BUILDING
CONSTRUCTION AND PROMULGATING RULES AND
REGULATIONS AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas General Assembly has authorized

the Department of Energy to promulgate energy efficiency
standards for new building construction, in accordance with
Federal law; and
WHEREAS, the Arkansas Department of Energy promulgated

and the General Assembly of the State of Arkansas approved
standards which became effective September 12, 1979; and
WHEREAS, the implementation of these minimal standards

will serve to significantly enhance conservation of energy
in new building ~onstruction, thus lessening dependance
on foreign energy sources; and
WHEREAS, it is the responsibility of this municipality

in issuing building permits to enforce these standards
through the existing inspection departments.

Section 1.
This ordinance shall be known as "Energy Efficiency

Standards - New Building Construction - 1979."
Section 2.
The Rules and Regulations for Energy Efficiency Stan-

dards for New Building Construction, 1979, Arkansas, First
Edition, published by the Arkansas Department of Energy,
Little Rock, Arkansas, is hereby adopted by reference
thereto and incorporated herein, verbatim, word for word,
as if set out in full and is hereafter known as the Rules
and Refulations for Energy Efficiency Standards for New
Building Construction.
Section 3. Effective Date.
The rules and regulations and guidelines and minimum

standards as set forth in the Code hereby adopted shall be
effective on December 1, 1981 and thereafter.
Section 4.
The City Building Inspector shall require new building

construction meet the minimum standards for energy effi-
ciEncy as set out in the Code hereby adopted from and after
the effective date of this Ordinance and Code hereby adopted.
Sectilion5. Violations and Penalties.
Any person, firm or corporation who fails to comply

with the rules and regulations and minimum standards as
required by the Code hereby adopted, shall, upon conviction,
be deemed 5uilty of a misdemeanor and pay a fine of not
less than $100.00 nor more than'$250.00 for each violation,
and each day a violation shall exist shall be deemed a sepa-
rate offense.
The provisions of this ordinance and the Code hereby

adopted shall be deemed severable, and the invalidity,
unenforceability or unconstitutionality of any section,
clause, phrase, section or part thereof, shall not affect
the validity, enforceability, or constitutionality of any
Ordinance No. 666
Page 2
Section 1; Constitutionality.
If any section, clause, phrase, sentence or part there-

of should be held to be unconstitutional, such ruling shall
in no way impair the validity of the remaining parts of this
ordinance.
The provisions of the various Codes adopted by the City

regulatin~ construction and occupancy of buildings and
structures including, but not limited to, the Building Code,
Fire Code, Dwelling Code, Electrical Code, Plumbing Code,
shall be complementary one to the other. In the event a
provision of one such code conflicts with a provision of
another, the more stringent of the Codes shall prevail.
Section 9. Construction.
A. The words "herein" and "hereinafter" and "hereof"

and words of similar import, without reference to
any particular section or subdivision, or paragraph,
refer to this ordinance as a whole, rather than any
particular section, subdivision or paragraph;
B. The topical headings of sections, subdivisions or

paragraphs herein are for convenience only and shall
not affect the construction hereof;
C. Unless the context clearly represents otherwise,

the singular shall include the plural and vice
versa, and the masculine shall include the feminine
and vice versa.

TlComplimentary Clause", all ordinances or parts of ordin-
ances in force at the time this ordinance takes effect and
inconsistent herewith, are hereby repealed.
ATTEST:
Energy Efficiency Standards for New Building Construction,1979.

ORDINANCE NO. 667
WITH RESPECT TO AREAS REZONED

HOME, ARKANSAS:

requesting a change in zoning; that the Petition was submit-
ted to the Planni~g Commision of the City of Mountain Home,
Arkansas; that Notice of said Petition and a public hearing
as required by Ordinance No. 163 and the posting of Notice
on subject property in accordance with Ordinance No. 283;
that a public hearing was held; and that all r-emons t.ranc es ,
were heard; after which the Planning Commission recommended

That the following-described real estate in Baxter

County, Arkansas, be, and it is hereby, changed in zoning
from Residential R-1 to Commercial C-2:
Part of the SEt of the NWt of Section 3, Township

19 North, Range 13 We~t, more specifically described
as follows:
From the quarter-section corner between Sections 3

"a:q.d4 (county monument)goN(l)rth03° 10' 13" East
861.00 feet to a point on the Southerly right-of-way
of U. S. HWy. #62; thence go along said right-of-way
with the following courses:
North 66° 28' 01" East 492.00 feet; North 78° 30' 00"
East 663.20 feet to an existing iron pin (30 feet from
center line); North 79° 45' 55" East 323.34 feet to an
existing one-half inch rebar in a fence line (35 feet
from center line); point of beginning of tract being
_described; continue along said right-of-way, North 81°
13' 20" East 106.72 feet to an existing one-half inch
rebar (40 feet from eBmter line) on the West side of
Bradley Drive; leaving said Highway right-of-way, go
along West side of Bradley Drive, South 01° 23' 10"
West 421.20 to an existing one inch Square tubing in
a fence line; then go along sai.d fence line with the
following movements: South 82° 48' 25" West 112.09
feet to an existing one and one~half inch angle iron;
North_02° 10' 41" East 419.13 feet to the point of
beginning and containing 1.04 acres.
WHEREAS, adequate housing is desirable and necessary

to the economy, and citizens of Mountain Home and a sales
office proximate to the Cooper Town House will facil,itate
sales of these dwellings when completed, therefore, an
emergency is hereby declared to exist, and this Ordinance
shall be in full force and effect from, and after its passage
and publication.
Enacted this 12th day of November, 1981, and declared

APPROVE~ 2?. C2
Mayor
.......,.;
ATTEST:~~
Recorder
Cooper Homes, 1216 Hwy 62 NE

'.
ORDINANCE NO. 668
ORDINANCE NO, 481 AMENDING

ORDINANCE NO. 296 AS AMENDED BY
ORDINANCE NO. 433, WITH REFERENCE
Tv ZONING WITHIN THE CITY LIMITS
AREA ZONED AS RESIDENTIAL. R-1
TO COMMERCIAL C-3

HOME, ARKANSAS:

requesting a change in zonings that said petition was
remonstrances were heard, after which the Planning Commis-
sion recommended that all property described hereinafter
be rezoned.
Arkansas, be, and is hereby changed in zoning from Residen-
tial R-1 to Commercial C-3.
Part of the swt NWt and part of the SEt NWt Section
10, Twp.19 North; Range 1~ West, described as follows:
Starting at the SE corner of said sw.% NW%. thence

North 0 deg. 09 min. East, 105.S feet to the point of
beginning; thence North 88 deg. 05min. East, 81.5 feet;
thence North 1 deg. 25 Min. East. 202.0 ~eet; thence
South 87 deg. 36 min. West, 95.1 feet; thence South
1 deg. 25 min. West, 201.2 feet; thence North 88Sdeg.
05 min. East, 13.5 feet to the point of ~eginning
containing 0.44 acre, more or less.
PASSED AND APPROVED THIS 12TH day of November 1981.
ATTEST:
Shay property, 1155 Hwy. 5 South

ORDINANCE NO. 669

WHEREAS, the City has undertaken a street and road

WHEREAS, quotations have been received from three

reputable suppliers of traffic regulatory signs and street
name signs and posts; and
WHEREAS, the procedure for competitive bidding and

requirements of legal notice is not feasible or practical.

Section 1. Publication of legal notice for the re-

quirement of competitive bids is not feasible, since the
sign companies are located out of State.
Section 2. The requirement for competitive bidding for

the purchase of traffic regulatory signs and street name
signs and posts for the City is hereby suspended and waived.
Section 3. The Mayor is hereby authorized to purchase

the needed signs from Sargent-Sowell, Inc., for a total
quoted price of $7,148.00, such sum being hereby appropriated
therefor.
Section-~. Traffic regulatory signs and street name

signs and posts are necessary~for the health and safety of
the citizens and inhabitants of the City, so that emergency
vehicles can find their way around the city, therefore an
emergency is hereby declared to exist and this ordinance
shall be effective from and after its passage.
PASSED AND APPROVED THIS 12th DAY OF NOVEMBER 1981.
ATTEST:
Suspended bidding- signs- Sargent-Sowell, Inc.

ORDINANCE NO. ~~O
--
SUSPENDING THE REQUIREMENTS FOR COMPE-
TITIVE BIDDING.
WHEREAS, the City has undertaken a Fire Department

WHEREAS, a utility body for the new Rescue Unit is

needed in order that the new unit may be put in service, and
specifications for such specialized equipment have been
met; and

requirements of legal notice is not feasible or practical.

Section 1.

competitive bids is not feasible or practical for such
specialized equipment.
Section 2.
The requirement for competitive bidding for the pur-

chase of a utility body for the new Rescue Unit is hereby
suspended and waived.
Section 3.
The Mayor is hereby authorized to purchase an R13248

Utility Body for the new Rescue Unit from Davis Trailor &
Truck Equipment, Inc., of Little Rock, Arkansas, for the
sum of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS
($3,120.00).
Section 4.
The new Rescue Unit for the Fire Department is neces~

sary for the health and safety of the citizens and inhabi-
tants of the city, therefore an emergency is hereby declared
to exist and this ordinance shall be effective from and
after its passage.
~~e ~ld E.Pierce, Mayor

..
ATTEST:
Suspended bidding - utility bed for New Rescue Unit

ORDTNANCE NO. 671

WHEREAS, the City has undertaken a program to improve

the services of the Fire Department; and
WHEREAS, the Hurst Tool, or "Jaws of Life" has been
demonstrated to be an effective tool for extracting persons
entrapped in car wrecks or collapsed structures; and
requirements of legal notice are not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY ~HE CITY COUNCIL OF
Section 1.
Publication of legal notice for the requirements of
competitive bidding is not feasible or practical because of
the limited number of distributors of the Hurst Tool.
Section 2.
The requirement for competitive bidding for the pur-
chase of a Hurst Tool for the Fire Department is hereby
suspended and waived.
Section 3.
The Mayor is hereby authorized to purchase a Hurst
Tool, or Jaws of Life, from Cromwell Associates of Baton
Rouge, Louisiana, for the price of Eight Thousand Two Hun-
dred Thirty-three Dollars and Sixty Cents ($8,233.60).
Section 4.
The Hurst Tool is necessary for the health and safety
of the citizens and inhabitants of the City to save lives
when persons become entrapped because of vehicular accidents
or fires or other disasters, an emergency is hereby declared
to exist and this ordinance shall be effective from and after
its passage.
PASSED AND APPROVED THIS 22ND DAY OF DECENBER, 1981.
r?t/£
~
~e-.
E. Peirce, Mayor
::>
ATTEST:
Suspended bidding - Hurst Tool or Jaws of Life

ORDINANCE NO. 672

WHEREAS, the City has undertaken a program to expand

water storage facilities; and
WHEREAS, Garver & Garver, Inc. has satisfactorily plan-
ned and designed one ground type storage tank (approximately
2,000,000 gallons) in the Southwest portion of the City and
connecting pipelines from the tank to the distribution
system, altitude valves and boxes for existing tanks, and
telemetering controls for the high service pumps at the
treatment plant; and
requirements of legal notice are not feasible or practical.
Section 1.
competitive bidding is not feasible or practical because of
Garver & Garver's satisfactory services on the design phase
of the expanded water storage facilities.
Section 2.
The requirement for competitive bidding for the pro-
fessional engineering services in connection with the propos-
ed improvements is hereby waived.
Section 3.
The Mayor is hereby authorized to enter into a con-
tract with Garver & Garver, Inc. to perform professional
engineering services in connection with the proposed im-
provements including General Administration of Construction
and any Additional Services a may be directed by the Owner
for the Total Estimated Cost of Eight Thousand Five Hundred
Eighty-Nine Dollars and Seven Cents ($8,589.07).
Section 4.
The expansion of water storage facilities is neces&
sary to assure an adequate supply of potable water to the
citizens of the City of Mountain Home, Arkansas, and adjacent
communiti~s which depend upon the City for their water;
therefore an emergency is declared to exist and this Ordin-
ance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED THIS 22ND DAY OF DECEMBER, 1981.
~~f2~-
ROTIaJ:dE:Prerc e, Mayor
ATTEST:
ORDINANCE NO. 673
EMERGENCY AND SUSPENDING
THE REQUIREMENTS FOR
WHEREAS, the City of Mountain Home, has undertaken to

retrofit its Wastewater Treatment Plant to increase its
capacity from nominal 1 mgd to nmminal 2 mgd and is contem-
plating the construction of the improvements; and
WHEREAS, Garver & Garver, Inc. has completed Phase 1,
or the design phase of the project; and
reqUirements of legal notice are not feasible or practical.
Section 1.
competitive bidding is not feasible or practical because
continuity of Garver & Garver's services is in the best in-
terest of the City.
Section 2.
The requirement for competitive bidding for the pro~
fessional engineering services in connection with the pro-
posed improvements is hereby waived.
Section 3.
The Mayor is hereby authorized to enter into a con~
tract with Garver & Garver, Inc., to perform professional
engineering services in connection with the proposed im-
provements, including General Administration of Construction,
an Operation and Maintenance Manual-and any Additional Ser-
vices directed by the Owner at a Total Estimated Cost of
Sixteen Thousand Two Hundred Seventy-Four Dollars and Two
Cents ($16,274.02).
Section 4.
The retrofit of the Wastewater Treatment Plant to
increase its capacity to 2 mgd. is necessary for the health
and safety of the citizens of the City of Mountain Home,
Arkansas, to improve present services and allow future
growth without increasing pollution of surface waters;
therefore, an emergency is declared to exist and this Or-
dinance shall be in full force and effect from and after
its passage.
PASSED AND APPROVED THIS 22ND DAY OF DECE~ 1981. ~
~L~-~-.5
o aId E. Pierce, Mayor
ATTEST: .
0.&17t~~~
Penelope
R. Fei~6~rk
ORDINANCE NO. 674
AN ORDINANCE SUSPENDING COMPETITIVE BIDDING;

AMENDING ORDINANCES NOS. 670 AND 672; AND
AUTHORIZING PAYMENT OF COST OVERRUNS ON DESIGN
PHASE CONTRACTS ON WATER IMPROVEMENTS AND SEWER
PLANT RETROFIT.
WHEREAS, the City of Mountain Home has entered into

contracts with Garver & Garver, Inc. for design of water
system improvements and sewer plant expansion; and
WHEREAS, add.Ltional work was required due to changes in
the Phase 1 plans for the water tank and lines, both as to
location and as to size of water tank necessary to provide
sufficient elevation; and
WHEREAS, additional work was required to design and cover
three additional drying beds, as well as adding a non-pot-
able water system to the sewer plant modifications; and
WHEREAS, the fi~m of Garver & Garver, Inc., accomplished
the additional work with the authorization of the City
Council.
Section 1.
The firm of Garver & Garver, Inc. has provided the City
Council with a detailed breakdown of costs on both contracts.
Section 2.
With no increase in the fixed fee profit and in order
to recover their costs, Garver & Garver has requested pay-
ment of an additional fee.
Section 3.
Mayor Ronald E. Pierce is hereby empowered to authorize
payment of an additional fee to Garver & Garver, Inc., in
the amount of TWELVE THOUSAND THREE HUNDRED SIXTY-FOUR
DOLLARS AND SIXTY-NINE CENTS (12,364.69).
Section 4.
The design work on the water system improvements and
the sewer plant modifications has been finished, and the City
has progressed to construction of the expanded facilities and
has entered into contracts for furthar professional engineer-
~ng services with Garver & Garver, Inc.; therefore an emer-
gency is declared to exist and this ordinance will be in
PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 1982.
1ifJL2GiL -
Ro aId E. Pierce, Mayor
ORDINANCE NO. 675
AN ORDINANCE SUSPENDING COMPETITIVE BIDDING ON THE

PURCHASE OF TRAFFIC CONTROLS, AUTHORIZING THE MAYOR
TO ENTER INTO A CONTRACT FOR SAID TRAFFIC CONTROLS;
AND FOR OTHER PRUPOSES.
WHEREAS, the City of MQuntain Home is in critical need

of new traffic controls at Hwy. 5 and 62 North Y, at 6th &
Main Sts. and at College & Ninth Sts. intersections; and
WHEREAS, Traffic Control Services of Arkansas is in the
best position to serviee Mountain Home's traffic controls.
Section 1.
Competitive bidding will be waived and the contract for
traffic controls will be awarded to Traffic Control Services
of Arkansas at a total cost of THIRTEEN THOUSAND NINE HUNDRED
FIFTEEN DOLLARS (13,915.00).
Section 2.
Mayor Ronald E. Pierce will be authorized to enter into
a contract with Traffic Control Services of Arkansas for the
purchase of said traffic controls.
Section 3.
It is essential to the health, safety and welfare of the
citizens of Mountain Home, Arkansas, to have traffic regu-
lated at the above heavily-travelled intersections. An emer-
gency is therefore declared to exist and this ordinace shall
PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 1982.
ATTEST:
Suspended bidding - Traffic Controls

ORDINANCE NO. 676

WHEREAS, the City of Mountain Home has undertaken to

relocate certain water and sewer lines in order to avoid
conflict with the proposed Highway 62 Bypass; and
WHEREAS, Garver & Garver has prepared construction
plans and specifications for such relocation under a con-
tract with the City of Mountain Home dated August 3, 1981;
and
requirements of legal notice are not feasible or pratical,
the continuity of Garver & Garver!s services being deemed
to be in the best interest of the City.
THE CITY OF MOUNTAIN HOBE, ARKANSAS:
Section 1.
Publication of legal notice for the reqirements of com-
petitive bidding is hereby waived.
Section 2.
tract with Garver & Garver, Inc. to perform construction
administration of water and sewer relocations at a total
estimated cost of TEN THOUSAND FIVE HUNDRED FIFTY-THREE
DOLLARS AND FIFTY-FOUR CENTS ($10,553.54).
PASSED AND APPROVED THIS 11th DAY UF FEBRUARY, ,1982.
~J/c?Q'-=-
~. Pierce, Mayor
ATTEST:
ORDINANCE NO. 677

AND SUSPENDING THE REQMIREMENTS FOR
WHEREAS, the City of Mountain Home has undertaken a

program of street rebuilding and repair; and
WHEREAS, Michael S. Huett, P.E., of Mike Huett &
Associates, Inc., has been engaged to provide consulting
engineering services for said street program; and
WHEREAS, agreement has been reached to preceed with
the program.
Section 1.
competitive bidding is hereby waived.
Section 2.
The Mayor is hereby authorized to accept an estimated
cost of FOUR THOUSAND DOLLARS ($4,000.00) for consulting
engineering services to be performed by Mike Huett & Asso-
ciates, Inc., on rebuilding and repair of four streets
which are named as follows: First Street, Wade Street,
Dyer Street, and Seventh Street.
Section 3.
The improvement of the streets of the City is essen-
tial to the health, safety and welfare of the citizens of
MountainHome, providing for adequate access to Fire and
Emergency Services and for the prevention of accidents and
excessive wear and tear on drivers and vehicles alike, and
it is urgent to proceed with the work. T~erefore, andemer-
gency is declared to exist and this Ordinance shall be in
PASSED AND APPROVED ON THIS 18th DAY OF FEBRUARY, 1982.
~~~ierce, Mayor
ATTEST:
Suspended bidding - consulting engineering services-Mike Huett

ORDINANCE NO. 678
AN ORDINANCE PROVIDING FOR A DEFINITION

OF "SINGLE TRANSACTION" AS USED IN
ORDINANCE NO. 646 AND AS APPLIED TO
HE CONSTRUCTION OF STRUCTURES WITHIN
T E CITY OF MOUNTAIN HOME,
WHEREAS, Section 8 of Ordinance No. 646, provides f r a

rebate of taxe paid to the City in excess of $25.00 0 a
single transact on,
NOW, THEREFO E, BE IT ORDAINED BY THE CITY COUN IL OF
THE CITY OF MOUNT,~ N HOME, ARKANSAS:
Section 1.
That for purpose of the local City sales ax as pro-
vided for in Ordinance No. 646, and as applied to the con-
struction of any commer ial or residential s ucture, the
erection of which requir s the issuance of building permit
from the City of Mountain ome, a single t ansaction shall
be considered the complete structure. T e sales tax im-
cost of the materials purchaed to bui d said structure

rather than upon the incremental sale of materials used
in said construction. \
Section 2. ~
Upon presentation of the bu· ding permit, and of all
invoices for materials used in t e construction of said
structure the City shall rebatj o~ an individual claim
basis, taxes paid prusuant t7/0rdiriance No. 646 in excess
of $25.00 Said rebate shaJ'be mad once only.
Section 3. . /
All such aforementilned invoices shall clearly show
the total amount of ta~s paid pursuan to Ordinance No.
646 and shall be clea~ly marked as to Job num~er and/or
City address. II
Section 4. /
This Ordinanole shall be retroactive o July 1, 1981.
i
PASSED AND APPROVED THIS 25TH DAY OF EBRUARY, 1982.

/
/
ATTEST: /
/
ORDINANCE NO. 679

NO. 645; AND REMOVING A FIVE MILL
TAX UPON PROPERTY WITHIN THE CITY
OF MOUNTAIN HOME.
WHEREAS, on April 9, 1981, the people of Mountain

Home by referendum in Ordinance No. 645 levied a five (5)
mill tax on property within the City; and
WHEREAS, the designated five (5) mill tax was that
of lowering the fire rating in the City of Mountain Home;
and
WHEREAS, it has come to the attention of the City
Council that Amendment 13 of the Arkansas Constitution pro-
hibits the City from paying over six percent (6%) on any
bonds to be paid from said five (5) mill tax.
Section 1. Ordinance No. 645 Repealed.
It being impossible to sell bonds at an interest rate
of six percent (6%), and the City being restricted by law
to use this millage to pay bonded indebtedness, the five (5)
mill tax as enacted in Ordinance No. 645 is hereby speci-
fically repealed.
It being apparent that the City will be unable to use
this millage as anticipated and designated in Ordinance No.
645, it becomes imperative to remove this tax burden Jfrom
the citizens of Mountain Home; an ,emergency is hereby de-
clared to exist and this ordinance shall be in full force
~p. ?2.,~. ,
RaidE: Pierce, Mayor
ATTEST:
-A ~.
pe~er~Clerk
5 Mill Tax Repealed

ORDINANCE NO. 680

AND SUSPENDING THE REQUIREMENTS OF
WHEREAS, the City of Mountain Home has undertaken a

program of street improvement; and
WHEREAS, the widening and rebuilding of First Street
and Dyer Street has been authorized as being of primary im-
portance;
Section 1. Authorization.
Mayor Ronald E. Peirce is hereby authorized to enter
into a contract with Mike Huett & Associates, Inc., to do
the engineering work for the rebuilding of First Street
and Dyer Street, for an amount not to exceed a maximum of
$30,215.00.
As the citizens of Mountain Home deem it urgent to
begin the program of street improvement in the interest of
their health and safety, this ordinance shall be in full
P~SED AND APPROVED THIS 25TH DAY OF MARCH, 1982.
ATTEST:
ORDINANCE NO. 681
AN ORDINANCE ACCEPTING THE LOW BASE

BID ON CONSTRUCTION OF SEWAGE TREATMENT
PLANT IMPROVEMENTS AND AWARDING THE'
CONTRACT.
WHEREAS, the City of Mountain Home advertised for base

bids on construction of improvements to the sewage treatment
plant; and
WHEREAS, this contract is awarded pursuant to competitive
bidding,
NOW, THER~FORE, BE IT ORDAINED BY THE CITY COUNCIL OF
Section 1.
The job is awarded to Fraser-OWEns, Inc., P. O. Box
6609, Fort Smith, AR, 72906, for the base bid only in the
amount of $329,310.00.
The health and welfare of the citizens of the City of
Mountain Home will be served by expediting construction of
improvements to its sewage treatment plant and enlarging its
capacity to serve present and future needs of the community;
therefore an emergency is declared to exi$t and this ordin-
ance will be in full force and effect from and after its
passage.
PASSED AND APPROVED THIS 2~ND DAY OF APRIL, 1982.
ATTEST:
ORDINANCE NO. 682
AN ORDINANCE AUTHORIZING THE MAYOR TO

ENTER INTO A CONTRACT FOR A BOND
FINANCE PROGRAM DEVELOPED BY A. G.
'EDWARDS & SONS, INC.
WHEREAS, A. G. Edwards & Sons, Inc. has offered the

City an acceptable plan to develop a bond finance program;
and
WHEREAS, it is in the best interest of the citizens of
Mountain Home to formulate a plan so that needed improvements
to the Water System can be begun as soon as possible,
THEREFORE IT IS ORDAINED BY THE CITY COUNCIL OF THE
Section 1.
Mayor Ronald E. Pierce is herby authorized to enter in-
to a contract with A. G. Edwards & Sons, Inc. for a bond
finance program.
The continued improvement of water supply to the citi-
zens of Mountain Home being of the utmost improtance to the
health, safety and welfare of the entire community, an emer--
gency is therefore declared to exist and this Ordinance
PASSED AND APPROVED THIS 22ND DAY OF APRIL, 1982 .
.
.-----::::>
--) /1 / P Q
~0L~-~<
~gnald E. Pierce, Mayor
'
ATTEST:
ORDINANCE 683

OF COMPETITIVE BIDDING ON "FILTER
MEDIA: FOR THE WATER TREATMENT PLANT.
WHEREAS, antracite coal used as filter media for the

Water Treatment Plant can be obtained from only one local-
ity in the United States; and
WHEREAS, the purchase and transport of said anthracite
coal to Mountain Home is necessary for the operation of the
Water Treatment Plant;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
Section 1.
Sixty (60) tons of antracite coal filter media for the
Water Treatment Plant can be purchased through B 0 S Sand
Co., 20500 So. Lagrange Rd., Frankfort, Illinois, for a
sum of SEVEN THOUSAND ONE HUNDRED FORTY DOLLARS ($7,140.00),
or $119.00 per ton.
Section 2.
Silica Transport, Guion, Arkansas, will haul the coal
from Shamokin, Pennsylvania, for THREE THOUSAND NINE HUN~
DRED DOLLARS ($3,900.00), or $65.00 per ton.
Section 3.
Mayor Ronald E. Peirce is hereby authorized to enter
into contracts with B 0 S Sand Co. and Silica Transport for
purchase and delivery of sixty (60) tons of anthracite
filter media to the City of Mountain Home Water Treatment
Plant.
Since it is in the best interest of the City of Moun-
tain Home and the health of its citizens to have potable r
water which is provided by the proper operation of the

Water Treatment Plant an emergency is declared to exist and
after its passage.
PASSED AND APPROVED THIS 22ND DAY OF APRIL, 1982.
~~@~->
~Pierce, Mayor
ATTEST:
ORDINANCE NO. 684
AN ORDINANCE PERMITTING THE MAYOR AND ALDERMAN

TO CONDUCT BUSINESS WITH THE CITY OF MOUNTAIN
HOME, ARKANSAS, UNDER CERTAIN CIRCUMSTANCES
AS AUTHORIZED BY ACT 485 OF 1981; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.

Section 1.
The Mayor and Aldermen may conduct business with the
City as authorized by Act 485 of 1981, under the following
conditions.
A. The pnrchase is under $2,000 in value and com-
parable merchandise or equipment at comparable
prices is not otherwise available within the City.
B. The cost of the service is under $2,000 in value
and comparable services at comparable prices are
not otherwise available within the City.
Section 2.
On all purchases of supplies, equipment or services of
more than $2,000, advertisement for bids must be taken pur-
suant to ·.Ark. Stat. 19-4425 unless the City Council shall
by orminance waive competitive bidding in exceptional situa-
tions where such procedure is deemed not feasible or practical.
Section 3.
WHEREAS in many instances the Mayor or Aldermen are
the only merchants in the City who sell certain items and
also the Mayor or Aldermen are the only persons who supply
certain services and it will work a great hardship on out-
side the City; therefore, an emergency is hereby declared
to ex t sn +and this ordinance being necessary for the imme-
diate protection of the public peace, health and safety
shall take effect immediately on its passage and approval.
c::s:;:~!?
Ronald
2d<kd
E. Pierce, Mayor
ATTEST:
ORDINANCE NO. 685
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER

INTO A CONTRACT WITH BOND COUNSEL ON PROPOSED
WATER IMPROVEMENTS BOND ISSUE.
WHEREAS, the City of Mountain Home proposed to have

issued TWO MILLION THREE HUNDRED THOUSAND DOLLARS worth of
Municipal Bonds to support improvements to its water sy-
stem; and
WHEREAS, a Bond Counsel must be employed to serve as
legal counsel on said issue:
Section 1. Authorization
Mayor Ronald E. Pierce is hereby authorized to enter
into a contract with John Echols of Friday, Eldredge and
Clarke as Bond Council on the proposed A. G. Edwards bond
issue.
Section 2. Fee
The City agrees to pay a fee of THREE TENTHS OF ONE
PERCENT (.003) of the total issue contingent upon the bonds
actually being issued.
Section 3. Out-of-Pocket Expenses
The City also agrees to pay travel expenses at the
rate of Thirty (30) Cents per mile, actual cost of long
distance telephone cal.ls and copy work at Ten (10) Cents
per page.
The City has undertaken to expand and repair its water
system to the benefit of its citizens and has contracted
to have Municipal Bonds issued to pay for construction of
projected improvements. Bond Counsel being essential to
issuance of said bonds, an emergency is hereby declared to
~PQ~
Ron~d E. Pierce, Mayor
ATTEST:
Clerk
ORDINANCE NO. 686
AN ORDINANCE WAIVING THE

REQUIREMENTS OF COMPETITIVE
BIDDING AND FOR OTHER PURPOSES.
WHEREAS, the criminal investigator of the Mountain Home

Police Department is in urgent need of a replacement vehicle
for use on City business; and
WHEREAS, it is not feasible or practical to advertise
for bids on said vehicle;
The Mayor is hereby authorized to purchase from Kent
Chevrolet a 1982 Malibu for the price of EIGHT THOUSAND ONE
HUNDRED SEVENTY DOLLARS ($8,170.00).
The safety and welfare of the citizens of the City will
be served by provision of dependable transportation for its
criminal investigator in the pursuit of solutions to crimes
committed against them; therefore, an emergency is declared
to exist and this Ordinance shall be in full force and effect
PASSED AND APPROVED THIS 10th DAY OF JUNE, 1982.
~d;PQ...
~. Pierce, Mayor
ATTEST:
a
ORDINANCE NO. 687

OF COMPETITIVE BIDDING.
WHEREAS, the City needs asphalt for street repairs;

and
WHEREAS, quotations have been solicited from suppliers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL ,OF
Section 1. Auth.ori.zation
The Mayor is hereby authorized to purchase Five Thou-
sand Gallons (5,000 gal.) of R. C. 250 asphalt from Hy-Spec
Asphalt Products Co., Neosho, Missouri, for .8169 per gallon
or FOUR THOUSAND EIGHTY-FOUR DOLLARS AND FIFTY CENTS /
($4,084.50) plus tax.
Repairs to City streets being of benefit to the health,
safety, and welfare of the citizens of Mountain Home, an
emergency is hereby declared to exist and this Ordinance
shall be in full force and effect from and after its appro--
val and passage.
~Q.
ROidE:Pferce, Mayor
ATTEST:

ORDINANCE NO. 688

OF COMPETITIVE BIDDING AND AUTHORIZING
THE MAYOR TO PURCHASE PIPE FOR USE AT
THE WASTEWATER TREATMENT PLANT.
WHEREAS, quotations have been received from several

sources of supply for pipe and fittings for use in modifi-
cation of the Wastewater Treatment Plant; and
WHEREAS, it is not feasible to advertise for bids on
said pipe fittings.
Mayor Ronald E. Pierce is hereby authorized to purchase
from Harry Cooper Supply Company of Springfield, Missouri,
pipe and fittings for use in modifying the wastewater treat-
ment plant for SEVEN. THDUSANDEIGHT HUNDRED TWENTY-SEVEN
DOLLARS AND FOUR CENTS ($7,827.04).
The City has contracted f~r construction of modifica-
tions to its wastewater treatment plant and pipe and fittings
are necessary for the completion of that work; therefore,
an emergency is declared to exist and this ordinance shall
PASSED AND APPROVED THIS TENTH DAY OF JIDfE, 1982.
o
ATTEST:
Feist, City Clerk

ORDINANCE NO. 689

ENTER INTO CONTRACTS FOR CONSTRUCTION
OF GROUND STORAGE TANK AND LINES FOR
J2HASE I OF WATER IMPROVEMENTS; AND
FOR OTHER PURPOSES.
WHEREAS, tHe City has accepted bids on construction of

the Water Main, Schedule I, and the Water Storage Tank,
Schedule II, or Phase I of the Mountain Home Water Improve-
ments; and
WHEREAS, Garver & Garver, Inc., has recommended award-
ing contracts to the low bidders on said Schedules;
Section 1. Schedule I, Line Work
The Mayor is hereby authorized to enter into a contract
for construction of the line work with Beauchamp Construc-
tion Co., Inc., Pindall, Arkansas, in the amount of TWO
HUNDRED TWENTY-TWO THOUSAND SIXTEEN DOLLARS AND NINETY-
FOUR CENTS ($222,016.94).
Section 2. Schedule II, Ground Storage Tank
The Mayor is authorized to enter into a contract for
construction of the ground storage tank with Wade Construc--
tion Company, Inc., Ovett, MiSSissippi, in the amount of
TWO HUNDRED NINETY-FOUR THOUSAND SIX HUNDRED FOURTEEN DOLLARS
AND FIFTEEN CENTS \$294,614.15).
The health, safety, and welfare of the citizens of the
City of Moun~ain Home will be served by the addition of two
million gallons of water storage capacity for use in case
of an interruption in supply from Lake Norfork and to help
fight fires; therefore, an emergency is declared to exist
and this ordinance shall be in full force and effect from
PASSED AND APPROVED THIS TENTH DAY OF JUNE, 1982.
ATTEST:
/) /l.,
\~j77j//&i2~ {(( '::t:/4d~

ORDINANCE NO. 690
AN ORDINANCE WAIVING THE REQUIREMENTS BF

COMPETITIVE BIDDING AND FOR OTHER PURPOSES.
WHEREAS, it is not practical or feasible to advertise

for bids when there are only two companies which are able to
supply materials for the reconstruction of certain streets
in the City of Mountain Home; and
WHEREAS, the City dmes not have the needed equipment to
do the work; and
WHEREAS, the City has received bids from both of these
companies;
with the low bidder, Twin Lakes Quarry's, Inc., Mountain
Home, Arkansas, in the amount of THIRTY THOUSAND THREE
HUNDRED NINETY-ONE DOLLARS AND SIXTY CENTS ($30,391.60) for
the reconstruction of Johns Drive, Turnage Drive, Fairway
Street, Eagle Drive and Wedge Drive, and Meadowbrook Drive.
The City has entered upon a program of resurfacing and
reconstructing frequently travelled streets in the City and
it is determined that safe streets are a matter of the high-
est priority; therefore, an emergency is declared to exist
~C2
RaId E. Plerce, Mayor
..
ATTEST:
!
\ / ! ,1
D/)'[/ l(~/) J.
Penelope R.
ORDINANCE NO. 691
AN ORDINANCE APPROPRIATING MATeHING
FUNDS FOR A NORTH ARKANSAS TRANSPORTATION
SERVICE BUS FOR THE CITY OF MOUNTAIN HOME.
WHEREAS, the Northwest Arkansas Economic Development

District has obtained grant money and organized North Ark-
ansas Transportation Service9 a bus service for'the counties
of Northwest Arkansas, including Baxter County; and
WHEREAS, local governments, as well as businesses and
industries, have been asked to contribute funds for the
purchase of buses which will have scheduled runs within their
boundaries;
The Mayor is hereby authorized to appropriate THREE
THOUSAND EIGHT HUNDRED DOLLARS ($3,800.00) from the General
Fund to provide matching funds for purchase of a bus for the
North Arkansas Transportation Service, said bus to make
scheduled runs within the City of Mountain Home ahd to the
Airport.
Public transportation for the citizens of the City of
Mountain Home has become a necessary alternative and is made
possible through the efforts of the Northwest Arkansas Eco-
nomic Development District to establish a bus transportation
service. Matching funds contributed by the City will enable
the North Arkansas Transportation Service to buy a bus which
will make scheduled runs for the benefit of City residents.
Therefore, an emergency is declared to exist and this ordin~
ance shall be in full force and effect from and after its 0 '
passage.
PASSED AND APPROVED T
~
~P~:~" ~
Ro aId E. Pierce, Mayor
ATTEST:
ORDINANCE NO. 692

ENTER INTO A CONTRACT FOR CONSTRUCTION
OF A BOX CULVERT ON FIRST STREET BETWEEN
DIXIE AND DALE; AND FOR OTHER PURPOSES.
WHEREAS, the City has advertised for bids on eonstruc-

tion of said box culvert; and
WHEREAS, two bids were received and the low bidder
certified by the City's engineer, Michael S. Huett, P. Eo;
THE CITY OF MOUN~llN, ARKANSAS:
for construction of said box culvert with H & W Company, Inc.,
Mountain Home, Ar-kansas, in the amount of TWENTY-FIVE THOU-
SAND TWO HUNDRED EIGHT DOLLARS AND SEVENTY CENTS ($25,208.70).
The City has entered upon a program of street recon-
struction, of which the construction of the box culvert is
an essential step in the First Street phase of the program.
To go forward with the construction of streets is of benefit
to the entire community; therefore, an emergency is declared
to exist and this Ordinance shall be in full force and effect
~.pC2<
ROaidE:Pierce, Mayor
--
ATTEST:
ORDINANCE NO. 693
AN ORDINANCE WAIVING COMPETITIVE

BIDDING AND FOR OTHER PURPOSES;
AUTHORIZING MAYOR TO ENTER INTO
CONTRACT WITH TWIN LAKES QUARRIES
FOR REMOVAL AND DISPOSAL OF MATERIAL
FROM CERTAIN STREETS.
WHEREAS, the City has contracted with Twin Lakes

Quarries for laying base on certain streets in Carlile
Highlands Subdivision; and
WHE~A~, said street work can only be done if street
beds can be dug up and material removed to prepare for lay-
ing of new base; and
WHEREAS, the City lacks equipment for digging and
hauling the old material to the dump site and dressing it
down;
with Twin Lakes Quarries, Inc., to prepare certain streets
for laying of base by digging and hauling old material to
a City site and dressing it down, in the amount of FOUR
THOUSAND FIVE HUNDRED EIGHTY-SIX DOLLARS AND NO CENTS
($4,586.00).
The City has been importuned to effect street repairs
of a more permanent and extensive nature by the residents
of Carlile Highlands Subdivision, as well as the rest of
the City, and has entered upon a program to repair and re-
build certain streets with money collected from the one-cent
sales tax, and City residents are anxious to see results;
therefore, an emergency is hereby declared to exist and this
its passage.
PASSED AND APPROVED THIS 29TH DAY OF JULY, 1982
~c?e-.~
R:id:Clerce, Mayor
ATTEST:
ORDINANCE NO. 694
AN ORDINANCE WAIVING COMPETITIVE

BIDDING ON INBURANCE ON CITY
VEHICLES.
WHEREAS, the City has received comparative figures

from Collie Insurance Agency, its present carrier, and from
the Arkansas Municipal League; and
WHEREAS, the City has considered the comparative esti-
mates in open session and ascertained that the Municipal
League is not reinsured; and
WHEREAS, Collie Insurance Agency has bound the City
to the limit of its extension period;
The Mayor is authorized to renew the City's policy
with Collie Insurance Agency for single liability with no
deductible for the amount of $4,243.00.
The Cilitydesires to continue insurance on City Vehicles
without lapse and has decided after deliberation upon the
policy which will serve the interests of the City and its
citizens in case of accident; therefore, an emergency is
declared to exist, and this ordinance shall be in full
PASSED AND APPROVED THIS 29th DAY OF JULY, 1982.
ATTEST:
Clerk
ORDINANCE NO. 695
AN ORDINANCE REQUIRING A PERMIT FOR ACCESS FOR

INGRESS OR EGRESS TO PROPERTY UPON STATE. AND
FEDERAL HIGHWAYS AND CITY STREETS; ESTABLISHING
A PROCEDURE THEREFORE; PROVIDING FEES FOR THE
SAME; DECLARING A MISDEMEANOR FOR VIOLATION;
WHEREAS, adequate planning entails access to and

from properties upon the roads, highways and streets within
the City; and
WHEREAS, control of traffic entering upon and leaving
such highways, streets and roadways, drainage and flood
control is necessary and essential for the public health,
safety and welfare of the citizens of the City.
Section 1. Title.
This Ordinance shall be known as the Street and High-
way Access Ordinance.
(a) The term "City" as used herein refers to the
Building Inspector.
(b) For the purposes of the Ordinance, "driveway
approach" shall be defined as follows:
Residential (ClassI) - A residential driveway approach
is one providing access to single- family r-e s Ld ence , a du-. - ~
plexor an apartment building with four or fewer units.
Small Commercial and -Industrial (Class II) - A small
commercial and industrial approach is one providing access
to property not used ~or one of the residential uses as
defined above and which has less than two hundred (200)
vehicular movements per day.
Large Commercial and Industrial (Class III) - A
large commercial and industrial driveway approach is one
providing access to a property not used for one of the
residential uses as defined above and which has more than
two hundred (200) vehicular movements per day.
Section 3. Procedure for Obtaining Permit.
(a) It shall be unlawful for any person, firm or
corporation to construct, reconstruct, alter, remove and/or
replace any curb, curb and gutter, or driveway approach on
public property within the City of Mountain Home without
first having obtained a permit from the City. All such
construction, alteration, removal or replacement shall be
under the supervision of the City and in accordance with the
specifications hereinafter provided, except, (1) any addition
Ordinance No. 695 Continued
to a residential driveway approach existing at the time of

adoption of this ordinance shall only be required to conform
to the standards of the existing driveway and (2) that the
replacement of driveway approaches existing at the time of
the adoption of this ordinance shall not require construc-
tion with surfacing of a greater standard than existing at
the time of application for permit.
(b) Before a permit, required by Subparagraph (a)
shall be issued, the property owner or his duly authorized
agent shall submit an application therefor in writing with
a plan made a part of such application showing the location,
design and layout of the proposed improvement and its rela-
tions to the property lines. For residential driveway ap-
proaches from minor streets, as determined by the Master
Street Plan, and with curb and gutter, the application may
be part of the plot plan required for a building permit.
(c) When such written application and plan conforming
to such Subparagraph (b) and the other provisions of this
ordinance have been duly submitted and the fee hereinafter
required is paid, the City shall issue a permit for such
improvement.
(d) A fee of $5.00 shall be charged by the City at
the time of application for a permit and such sum shall be
paid into the General Fund of the City of Mountain Home.
Provided, however, where a General Contractor constructs and
pours his own driveway approaches as a part of new building
construction, there will be no additional fee for the
driveway approach permit.
Section 4. Construction and Location of Access.
(a) The design, layout and plans for the construc-
tion, reconstruction, alteration and/or replacement of all
curbs and gutters and driveway approaches, of all classes,
shall conform to and be constructed according to the design
and layout as prescribed in Exhibit "A:', attached hereto
and made a part hereof as if set out in full, hereat, ver-
batim, and shall be approved by the City.
(b) On those streets which have side ditches without
curb and gutter, the driveway approaches shall be construct-
ed as prescribed in Exhibit "At! and in a manner that does
not alter or impede the drainage in the side ditch. When a
drainage structure is required the opening
shall be no
smaller than an 1STl x 1111 pipe arch or a 15 11 diameter pipe
culvert. The driveway culvert shall not have a smaller
opening than the first opening immediately upIlow (or up-
stream) from the site, without special review and approval
by the City. All culverts shall have a headwall at each
end. Driveways constructed with swale type lilitchesfor
drainage will not be permitted without special review and
approval by the City.
(c) Along streets having curb and gutter, all rigid
pavement residential driveway approaches shall be constructed
Ordinance 695 Continued
to a thickness of not less than four (4) inches of concrete

and commercial driveway approaches shall have a minimum of
611 concrete with 6" x 6" six gauge welded wire fabric.
Concrete shall have a compressive strength of 3,000 pounds
per square inch in 28 days and conform to the then current
specifications of the Arkansas Highway Department. Other
materials for driveway approach construction may be used to
conform with' driveway and street standards as'to base and
surface specified in the City Subdivision Regulations
(Ordinance No. 616).
(d) Along streets which have side ditches without
curb and gutter, driveway approaches shall have, as a mini-
mum, a thick,ness and surface course compatible with the
existing street quality and type at the time of driveway
construction: that is, a gravel surfaced street may have
a gravel surfaced driveway approach. Those items pertaining
to drainage shall be in accordance with Subparagraph (b).
(e) (1) Locations of driveway approaches shall be
approved to provide maximum safety for street traffic and
users of the driveway approach. Property frontages of 50
feet or less shall be limited to one driveway approach. A
second driveway approach may be allowed on property frontages
in excess of 50 feet. On properties with frontages in
excess of 660 feet, more than two (2) driveway approaches
may b e+p e rnri tted upon wri tten application to the City es-
tablishing that the additional driveway approaches will not
adversely affect traffic flow on the streets. No more than
two (2) additional driveway approaches shall be allowed for
each 660 feet of additional frontage. Each side of a pro-
perty adjacent to a street shall be considered a separate
frontage. Each separate frontage will be used in determin-
ing the number of driveway approaches.
(2) Where a residential property fronts on both a
residential street and a collector or arterial street,
access shall be granted from the residential street. Drive-
way approaches on arterial streets shall be avoided whenever
possible. Residential property on minor streets with fron-
tage in excess of sixty feet are exempted from the number
of driveways allowable as outlined in (e) (1) above to the
extent that two driveways are allowable.
(3) On high volume driveway approaches, such as from
shopping centers, special requirements ranging from turning
lanes to control of access to the driveway within the pro-
perty to signalization may be required where deemed neces~
sary by the City.
Section 5. City Prerogatives and Procedure for
Appeal Therefrom.
(a) The City may order removal and/or replacement of
any work and/or materials found to be in non/compliance with
r
Ordinance 695 Continued
the permit or provisions of this Ordinance and may order

completion of permitted work within a specified time.
(b) The City may suspend work on any job whenever such
suspension shall be deemed necessary to insure good work
or when the public interest otherwise requires such sus-
pension.
(c) The City is authorized to give all notices and
instructions with reference to the work either to the per-
mittee, any agent of the permittee or to any person in
charge of the permitted job.
(d) After all work is completed, the permittee shall
remove all rubbish, waste and excess materials from the
construction area.
(e) Upon completion and clean up of the permitted
job, the permittee shall notify the designa~ed agent of the
City of completion and readiness for final inspection.
(f) Any applicant for permit may appeal any decision
of the City made pursuant to this ordinance to the Building
Official by filing a written notice of such metion to appeal
with the City within ten (10) calendar days following the
decision to be appealed. The Building Official shall notify
the applicant of his decision in writing within five (5)
calendar days. The decision of the Building Official may
be appealed by filing written notice of such metion to
appeal with the City Council within ten (10) calendar days
following the decision to be appealed. The applicant's
appeal to the City Council shall be placed on the agenda
of its next regularly-scheduled meeting. The City Council's
decision shall be final. Written notice of said decision
shall be given to the applicant within ten (10) calendar
days.
Section 6. Penalty
(a) No building permit, certificate of occupancy or
water and sewer connection shall be issued or granted or
permitted unless and until such person obtains the permit
required hereunder.
(b) Misdemeanor - upon conviction hereunder, such
person shall pay a fine of not less than FIVE HIJNDRED
DOLLARS ($500.00) and each day such violation of this or-
dinance shall exist, shall constitute a separate offense.
The provisions of this Ordinance shall be deemed se-
verable. The invalidity, unenforceability of any section,
clause, phrase, sentence or part thereof, shall not affect
the validity, enforceability or constitutionality of any
If any section of this Ordinance should be held un-
constitutional, such ruling shall in no way impair the vali-
dity of the remaining parts of this Ordinance.
All Ordinances or parts of Ordinances, or amendments
thereto, in conflict with this Ordinance, are hereby re-
pealed.
This Ordinance is necessary for the preservation of
the health and ~afety of the citizens of Mountain Home,
Arkansas, as the control of traffic, public health, safety
and welfare, vehicular access, and standards for construc-
tion therefor, is necessary for the protection of properties,
an emergency is hereby declared to exist and this Ordinance
and publication.
r;;;::;=='.IC ~.~
Ron ld E. Pierce, Mayor
ATTEST:
Exhibit "A" located in ordinance file.

I see 2"
ORDINANCE NO. 696

CHANGING AREA ZONED R-1 TO C-3
WHEREAS, it has come to the attention of the City

Council of the City of Mountain Home, Arkansas, that the
ten acres on which the Baxter General Hospital is $ituated
has never been properly zoned; and
WHEREAS, such property is within the City limits of
Mountain Home and should be zoned in conformity with the
Comprehensive Plan for the City of Mountain Home; and
WHEREAS, qnder Ark. Stat. Ann. Sec. 19-2830b, the
Zoning Ordinance may be amended by a mojority vote of the
City Council;
Section 1.
The following described real property in the City of
Mountain Home, Baxter County, Arkansas, is hereby changed
in zoning from R1 to C-3:
A part of the SW t of the SE t of Section 5,
Township 19 North, Range 13 West, described
as follows: From the NW corner of said forty,
run North 88 degrees 26' East along the North
line of said forty, 280.77 feet; thence South
1 degree 34' East, this line being at right
angles to the said North line, 237.41 feet to
the point of beginning: Thence North 88 degrees
26' East 316.29 feet to the South side of a
50 foot road; thence along the South side of
said road as follows: South 76 degrees 56' 30" East
108.95 feet, South 78 degrees 2'45" East 95.8 feet,
South 87 degrees 35' 15" East 10~~31 feet; thence
South 1 degree 34' East 615.01 feet; thence South
88 degrees 26' West 660 feet; thence North 1 degree
34' West 680.8 feet to the point of beginning,
containing 10 acreas.
ATTEST:
ORDINANCE NO. 697
AN ORDINANCE REGULATING THE DEVELOPMENT

OF LAND WITHIN THE BOUNDARIES OF THE FLOOD
PLAIN; ESTABLISHING, PROMULGATING PROCEDURES,
REQUIREMENTS AND MINIMUM STANDARDS FOR
DEVELOPMENT; PROVIDING FOR ADEQUATE SAFETY
FROM FLOOD DANGER AND PREVENTION UF FLOODING;
CONSERVING VALUE OF IMPROVEMENTS, DWELLINGS,
AND BUILDINGS; ESTABLISHING BENEFICIAL LAND
USES BETWEEN LAND, IMPROVEMENTS AND DRAINAGE
AREAS; ESTABLISHING STANDARDS OF DESIGN AND
PROCEDURES FOR BUILDING IN FLOOD PLAIN AREAS,
MINIMIZING WATER POLLUTION; INSURING ADEQUATE
DRAINAGE FACILITIES; TO MAINTAIN THE NATURAL
BEAUTY AND TOPOGRAPHY OF THE MUNICIP~LITY;
EFFECTUATYNG RESOLUTIONS NOS. 63 AND 65;
WHEREAS, the Legislature of the State of Arkansas

has delegated the responsibility to local governmental
units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry; and
WHEREAS, the flood hazard areas of Mountain Home are
subject to periodic inundation which results in 10$8 of
life and property, health and safety hazards, disruption
of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety, and general welfare; and
WHEREAS, these flood losses are caused by the cumu-
lative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when
inadequately achored, damage uses in other areas. Uses
that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood
loss; and
WHEREAS, it is the purpose of this ordinance to pro-
mote the pnblic health, safety, and general welfare, and to
minimize public and private losses due to flood conditions
in specific areas by provisions deSigned to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly
flood control projects;
3. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utili-
ties such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for

the second use and development of areas of special
flood hazard so as to minimize future flood blight
areas;
7. Insure that potential buyers are notified that
property is in an area of special flood hazard; and,
8. Ensure that those who occupy the areas of special
flood hazard assume responsibility for their
actions; and
WHEREAS, in order to accomplish these purposes, this
ordinance includes methods and provisions for:
1. Restricting or prohibiting uses which are dan-
gerous to health, safety, and property due to
water or erosion hazards, or which result in
damaging increases in erosion or in flood heights
or velocities;
2. Requiring that uses vulnerable to floods, in-
cluding facilities which serve such uses, be
protected against flood damage at the time of
initial construction;
3. Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
4. Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
5. Preventing or regulating the construction of
flood barriers which will unnaturally divert flood
waters or which may increase flood hazards in
other areas;
WHEREAS, the Planning Commision has approved and re-
commended the adoption of the document entitled, "Flood
Plain Regulations, 1982" on file with the City Clerli.
The flood hazard areas of Mountain Home are subject
to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expendi-
tures for flood protection and relief, and impairment of
the tax base, all of which adversely affect the public
health, safety, and general welfare. Therefore, an emer-
~!!(jl,
ATTEST:
ORDINANCE NO. 698
AN ORDINANCE ADOPTING A REVISED

PERSONNEL POLICY FOR THE CITY OF
MOUNTAIN HOME.
the City's Personnel Policy needed to be

revised;
"WHERE S, the City Council has solicited and received
employee inp into the proposed Personnel Policy; and
"WHEREAS, a City Council work session on the Personnel
Policy was held and changes requested by Council have been
incorpora ted;
NOW, THEREF BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MOUNTA ARKANSAS:
Section 1.
The proposed of Mountain Home Personnel Policy
is hereby adopted.
Section 2.
All previous in conflict herewith
Section 3.
If any part of this shall be held invalid
such part shall be deemed able, and the invalidity
thereof shall not affect the r aining parts.
DAY OF AUGUST, 1982.
ATTEST:
~
penelo~eist,
A~ City Clerk
ORDINANCE 699

OF COMPETITIVE BIDDING ON STREET
MATERIALS.
WHEREAS, The Street Department is working on a pro-

gram of street paving; and
WHEREAS, materials are needed for street work and must
be ordered in amounts exceeding the Mayor's authority to
authorize purchase; and
WHEREAS, the Street Superintendent prices the oil and
asphalt from more than one supplier and Hy-Spec Asphalt
Products Co., Neosho, Missouri, prices are lowest;
The Mayor is hereby authorized to purchase from Hy-
Spec Asphalt Products Co., of Neosho, MiS;i~l" supplies
ten thousand gallons of MC-30 primer at . per gallon
and fifteen thousand gallons of RC-250 asphalt at .7670 per
gallon rehase plice
or: 6l-Pt .•.. of NINETEEN THOUSAND 'I'mtEE
HUNDRED AND ONE D9LLARS ($t9,301.00).
The citizens of the City of Mountain Home, as a result
of voting for a one-cent sales tax for monies to repair the
streets and other specified needs, are clamoring for street
resurfacing which the City is endeavoring to provide and
the ordering of materials costing more than the Mayor's
authority to purchase must be done by ordinance; therefore
an emergency is declared to exist and this Ordinance shall
be in full force and effect from and after. its approval and
passage.
PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 1982.
~!'.Q.
RaldE:Pierce, Mayor
ATTEST:
ORDINANCE NO. 700
AN ORDINANCE AMENDING ORDINANCE NO. 697;

ADOPTING AMENDED FL~OD PLAIN REGULATIONS,
1982;J\ND FOR OTHER PURPOSES.
WHEREAS, in order to qualify residents of the City of

Mountain Home for flood insurance, the Flood Plain Regulations,
1982, must satisfy the Federal Emergency Management Agency's
requirements; and
WHEREAS, FEMA has required that the Flood Plain Re-
gulations, 1982, as adopted by Ordinance No. 697 be amended;
Section 1. Amendment
The last sentence of Section 2.2 of Flood Plain Re-
gulations, 1982, as adopted by Ordinance No. 697 has been
replaced by the following sentence:
ITThe U. S. Corps of Engineers Report is to be used in
those areas not covered by the Federal Insurance
Administration's Report, tThe Flood Insurance Study
for the City of Mountain Home, Arkansas,' dated Feb-
ruary 18, 1982, with accompanying Flood Insurance
Rate Maps and flood Boundary-Floodway Maps."
It is imperative that the Flood Plain Regulations,
1982, be adopted by September 16, 1982, in order for City
residents to be able to buy flood insurance; therefore, an
emergency is declared to exist and this ordinance shall be
in full force and effect from and after its passage and ap-
proval.
PASSED AND APPROVED THIS 31ST DAY OF AUGUST, 1982.
ATTEST:
ORDINANCE NO. 701

OF COMPETITIVE BIDDlNG ON LAYING
SLURRY SEAL ON CERTAIN LISTED STREETS.
WHEREAS, the City has funds to put an asphaltic seal

on certain streets to save them from further deterioration;
and
WHEREAS, the effectiveness of said seal, sold and
layed by Bituminous Asphalt Sealing Specialists, Inc., of
Little Rock, Arkansas, has been amply demonstrated on other
projects and in other communities;
with Bituminous Asphalt Sealing Specialists, Inc., of Little
Rock, Arkansas, to seal certain listed streets of the City
of Mountain Home for the amount of TWO HUNDRED FIFTY THOUSAND
TWO HUNDRED NINETY-FIVE DOLLARS AND THIRTY-ONE CENTS
($250,295.31).
The citizens of the City of Mountain Home, as a result
of voting for a one-cent sales tax for monies to repair the
streets and other specified needs, are anxious for street
resurfacing before winter and seal will preserve surfaced
streets from further deterioration during the icy weather;
ande shall be in full force and effect from and after its
approval and passage.
PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER,:1982.
ATTEST:
ORDINANCE NO. 702

OF COMPETITIVE BIDDING ON SEALING
FULLER STREET.
WHEREAS, the City has funds to put an slurry seal on

certain streets to save them from further deterioration; and
WHEREAS, the effectiveness of said seal, sold and
layed by Bituminous Asphalt Sealing Specialists, Inc., of
Little Rock, Arkansas, has been amply demonstrated10n other
projects and in other communities;
Section1. Authorization
with Bituminous Asphalt Sealing Specialists, Inc., of Little
Rock, Arkansas, to seal Fuller Street from U. S. Hwy. 62
Southwest to the end at EIGHTY-THREE CENTS (.83) per square
yard.
The citizens of the City IDf the City of Mountain Home,
as a result of voting for a one-cent sales tax for monies
to repair the streets and other specified needs, are anxious
for street resurfacing before winter and seal will preserve
surfaced streets from further deterioration during the icy
weather; therefore an emergency is declared to exist and this
its approval and passage.
PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 1982.
ATTEST:
l Y Clerk
ORDINANCE NO. 703

MAYOR TO ENTER INTO CONTRACT FOR BASE
WORK, OVERLAY AND STREET REBUILDING.
WHEREAS, the City has embarked upon a Street Improve-

ment Program and certain streets need to be rebuilt; and
WHEREAS, there is one local firm which is capable of
contracting to do the base work, overlay and street rebuild-
ing:
NEW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
tract with Twin Lakes Quarries, Inc., of Mountain Home,
Arkansas, in the amount of ONE HUNDRED THIRTY-ONE THOUSAND
FORTY-NINE DOLLARS AND TWENTY-NINE CENTS($131,049.29) with
the provision that there will be a $30.85 per ton charge
above the amount listed in the bids on hot mix.
The streets to be rebuilt under this ordinance pose
a chronic hazard in their present state to the health,
safety and welfare of the citizens of Mountain Home; there-
fore, and emergency is declared to exist and this Ordinance
will be in full force and effect from and after its passage.
ATTEST:
PeneiopeR: Feist, City Clerk

ORDINANCE NO. 704

THE MAYOR TO ENTER INTO A CONTRACT FOR
ADDITIONAL HARDWARE AND SOFTWARE FOR
COMPUTER.
WHEREAS, the City has decided to purchase additional

space to permit putting the entire bookkeeping system on
its in-house computer; and
WHEREAS, a hardware and software package which would
double the capacity has been offered and is available im-
mediately from the company from which the City made its
initial purchase;
tract for additional hardware and software for the City's
bookkeeping system with Diversified Data, Inc., of Fayette-
ville, Arkansas, in the amount of FOURTEEN THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS ($14,500.00).
The City's computer system is in need of additional
apace for water sewer customers and to put its bookkeeping
system on computer, and it has been notified that the ap-
propriate hardware is immediately available; therefore,
be in full force and effect from and after i~s passage.
Pierce, Mayor
ATTEST:
VI
pe~Feist,
A~ City Clerk
ORDINANCE NO. 705

MAYOR TO PURCHASE DRAINAGE PIPE FOR
STREET PROGRAM.
WHEREAS, the City has embarked upon a Street Imr

provement Program and certain streets are being rebuilt;
and
WHEREAS, the contractor is ready to work and drainage
pipe is needed immediately; and
WHEREAS, several suppliers have submitted prices on
the needed pipe:
The Mayor is hereby authorized to purchase drainage
pipe from Partee Pipe Co. of Mountain Home for the amount
of SEVEN THOUSAND EIGHT HUNDRED ONE DOLLARS AND EIGHTY-
FOUR CENTS ($7,801.84).
The drainage work necessary to laying subbase and
overlay is about to begin and the contractor is in need of
materials to proceed; therefore, and e~ergency is declared
to exist and this ordinance shall be in full force and r
Pierce, Mayor
ATTEST:
ORDINANCE NO. 706

THE MAYOR TO ENTER INTO A CONTRACT FOR
SLURRY SEALING CERTAIN ADDITIONAL STREETS;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City has already contracted with

Bituminous Asphalt Sealing Specialists, Inc., of Little
Rock, to slurry seal certain streets; and
WHEREAS, Bituminous Asphalt Sealing Sperialists,
Inc., has done a job which is satisfactory in quality
and workmanship,
tract with Bituminous Asphalt Sealing Specialists, Inc.
of Little Rock, Arkansas, in the amount of THIRTY THOU_
SAND SEVEN HUNDRED SEVEN DOLLARS AND SIXTY-SEVEN CENTS
($30, 707.67) for sealing certain additional streets as
listed in Exhibit A.
~ection 2. Emergency Clause
Due to the present condition of the listed streets,

winter will so damage them that the cost of repairs will
be greatly increased if they are not sealed; therefore,
ATTEST:
/
~£.Q~
Penelope R. Feist, City Ronald E. Pierce, Mayor
Clerk
EXHIBIT A STREET WORK AUTHORIZED BY ORTI. NOo 706

STREET TYPE WORK AMOUNT
BAER ST. TO REDWING DOUBLE SEALED $5,013.20
KINGSWOOD TOFORREST-DR~.;<· $3 ..
984.00
"*
Il
LEONARD TO MEADOWBROOK TO KIRBY II $3.347.67

PART OF MEADOWBROOK TO SIXTEENTH II $2,010.64
WALNUT, GLENSTONE & GLENSTONE CIR. II $12,592.26
~ HOWARD STREET II J1,577.00
NORTH STREET SINGLE SEALED $2,182.90
TOTAL $30,707.67
ORDINANCE NO. 707
AN ORDINANCE AMENDING ORDINANCE NOo 699;

WAIVING COMPETITIVE BIDDING ON STREET
MATERIALS, DECLARING AN EMERGENCY .AND
FOR OTHER PURPOSES.
WHEREAS, the City accepted delivery on MC-30 from

Hy-Spec Asphalt Products Co., Neosho, Missoui, for the
street program at an increase in price, and
WHEREAS, it is necessary to amend the ordinance a-
uthorizing purchase of MC-30;
Section 1.
Section 1 of Ordinance No. 699 is hereby amended to

read, "MC-30 primer at .98 per gallon ••• " and the total
purchase price in dollars is hereby eliminated entirely.
The City has accepted delivery on street material at

an increase over the price originally authorized, and in
order to authorize payment it was necessary to amend the
original Ordinance; the material was needed to finish the
street program now being undertaken; therefore an emer-
~c?Q~
Fa::LdCPierce, Mayor
ATTEST:

ORDINANCE NO. 708
AN ORDINANCE ON ALLEYWAY
NEXT TO MASONIC LODGE IN
GRAY'S SUBDIVISION.
WHEREAS, this property had been deeded to the Masonic

Lodge in 1954 by Elisha M. Gr<:iY;and
WHEREAS, the City had never formally accepted its
dedica t t on;
NOW, THEREFORE, BE IT O~DAlNED ~Y THE CITY COUNCIL OF
Section 1. Waiver
The City hereby waives any right, title or interest
in the alleyway described as follows:
Alleyway next to Lo~ 3, Block 2, Gray's Subdivision.
PASSED AND APPROVED THIS 23RD DAY OF_NOVEMBER, 1982.
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ATTEST:
ORDINANCE NO. 709

THEREWITH TO THE CITY OF MOUNTAIN HOME,
ARKANSAS, AS COMMERCIAL C-~ PROPERTY,
MAKING THE SAME A PART OF SAID CITY AND
AMENDING ORDINANCE NO. 163 WITH RESPECT
TO AREA REZONED.

Baxter County, Arkansas, by David L. Osmon, attorney for
Wesley H. Boelkens and Sheila M. Boelkens, owners of the
hereinafter described real estate, praying that the said
lands be annexed and be made a part of the City of Mountain
Home, Arkansas, and;
WHEREAS, on the 19th day of November, 1982, the County
Court of Baxter County, Arkansas, found the said Petition
was signed by the attorney for the fee simple owners of the
property; that the territory is contiguous with the present
corporate city limits of the City of Mountain Home, Arkansas;
that accurate plats or maps of said territory showing the
relationship to the present city have been filed and made a
part of said annexation petition; and proper notice having
been given of the time and in the manner prescribed by law;
and the said lands and territory should be annexed to the
City of Mountain Home, Arkansas, subject to the acceptance
of same by the City Council of the City of Mountain Home,
Arkansas, at the proper time as provided by law, and;
WHEREAS, the time fixed by law for appealing said Order
of Annexation made by the County Court has expired, and no
appeal has been taken therefrom, and;
Council of the City of Mountain Home, Arkansas, has heard
all persons desiring to be heard, and bas ascertained that
said Petition was signed by the attorney for all the o"wners
of said real property and said territmry; and
WHEREAS, proper petitions have been filed by Davic L.
Osmon, as attorney for the property owners, and said petitions
were submitted to the Planning Commission of the City of
Mountain Home, Arkansas; that notice of said Petition and a
recommended that the property hereinafter described be
annexed to the City of Mountain Home, Arkansas, and to Water
and Sewer Improvement District No. 3 as C-2 commercial
property.
-2- Ordinance 709

1. That the following described land and territory
that is contiguous with and adjoining the City of Mountain
Home, Arkansas, be and the same is hereby annexed to the
City of Mountain Home, Arkansas, and to Water and Sewer
Improvement District No. 3 as C-2 commercial property, to-
wit:
A part of the NWi NEi, Section 3, Township 19
From the E 1/16 corner on the N. side of said
Sec. 3 (thls being the NE corner of said .40)
run S. 1 Deg. 26' West along the East side of
said 40, 150.5 feet to the N. right of way of
U.S. Highway 62 as it now exists, thence along
said N. right of way to a point S. 64 deg. 41'
30" West, 468 feet for the point of beginning,
thence S. 65 deg. 34' 30" West along said right
of way 97 feet to the SE corner of the Arkansas
Highway Department property, thence N. 24 deg.
25' West along the West boundary of Pendill
property 163 feet; thence North 65 deg. 34' 30"
East 77.02 feet; thence South 24 deg. 25' East
123 feet; thence South 69 deg. 25' East 40 feet
thence South 24 deg. 25' East 20 feet, more or
less, to the North right of way of US Highway
62 and to the point of beginning of the property
herein described.
2. That this annexation is for the purpose of operating
a car wash on the above described premises. In that the
operation of this car wash shall enhance the cleanliness of
the City and therefore promote the health, safety, and
general welfare of the people of Mountain Home, Arkansas,
the City Council of the City of Mountain Home, Arkansas,
hereby declares that an emergency exists and that this
Ordinance shall become immediately effective upon and after
its passage.
PASSED AND APPROVED THIS 9TH DAY OF DECEMBER, 1982.
ATTEST:
Boelkens property- Hwy 62 NE

ORDINANCE NO. 710

CITY LIMITS OF THE CITY OF MOUNTAIN ,
HOME, ARKANSAS, RELATIVE TO CHANGING _
AREA ZONED AS C-3 TO C-2.
WHEREAS, proper petition was filed by a property owner

requesting a map change in zoning; said petition was sub-
Home, Arkansas; notice of said petition and public hearing
thereon was published in a newspaper having local circula-
tion as required by Ordinance; and public hearing was held
and all remonstrances were heard; after which the Planning
Commission recommended the property described herein be
rezoned.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN
HOME, ARKANSAS:
The following real property in Baxter County, Arkansas,
be, and is hereby changed in zoning from C-3 to C-2:
That part of the NWt NEt of Section 3, Township
19 North, Range 13 West, more particularly des-
cribed as follows: From the NW corner of said
forty, run South 892 feet to the South right of
way of U.S. Highway 62 for point of beginning
is marked by a 3/4 inch pipe; from said point
of beginning run North 66 deg. East along said
Highway right of way, 240 feet to a 3/4 inch pipe;
thence run South 357 feet to a 3/4 inch pipe
at a cedar tree; thence run West 198 feet to
a 3/4 inch pipe at cedar post; thence run North
along West line of said forty, 220 feet to
point of beginning, containing 1-t acres, more
or less.
PASSED THIS 9TH DAY OF DECEMBER, 1982.
APPROVED:
~I
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~ Pierce, Mayor
ATTEST:
Houser Property known as Back Forty

ORDINANCE NO. 711
AN ORDINANCE AUTHORIZING A USAGE VARIANCE FOR

THE PURPOSE OF ALLOWING THE OPERATION OF A _
PHOTOGRAPHY STUDIO BUSINESS IN AN~AREA ZONED
RESIDENTIAL R-1.

That a Petition to permit a usage variance in an
area zoned Residential R-1 within the city limits of the
City of Mountain Home, Arkansas, has been filed requesting
a usage variance for the operation of a photography studio
business and that a map of the property for which the usage
variance petition has been filed along with the surrounding
property within its respective zoning has been filed herein,
and after a full public hearing on said petition has been
held wherein all remonstrances were heard it would appear
that said Petition should be granted.
County, Arkansas, to-wit:
A part of the NWt of SEt of Section 9 Township
as :follows:
Begin 47 and 4/7 rods South of the NW corner of
said forty, which point is the NW eorner of R. F.
Bodenhamer tract, and the SW corner of the
Roy Bodenhamer tract, run thence South 110 feet
to the point of beginning for the lands herein
conveyed, run thence East 210 feet to a point,
run thence South 90 feet to a point, run thence
West 210 feet to a point, this point being on
the East line of College Street, run thence North
along the East line of College Street 90 feet to
is hereby granted and allowed a zoning usage variance to
permit the operation of a photography studio business on
property currently zoned Residential n-1 and for no other
nonconforming use and that upon cessation of the usage of
the property as a photography s~udio business this usage
variance shall terminate and the property shall thereafter
be used only for those used permitted in a Residental R-1
zone.
PASSED AND APPROVED T~S 16TH DAY OF DECEMBER, 1982.
~#J£O~
~Pierce, Mayor
ATTEST:
Penelope~R. Feist, City Clerk
Usage variance to allow a photography studio: at 1037 College st.

ORDINANCE NO. 712
AN ORDINANCE TO AMEND ORDINANCE

NO. 116 5F THE CITY OF MOUNTAIN
HOME, ARKANSAS.
BE IT ORDAINED THE THE CITY COUNCIL OF THE CITY OF

MOUNTAIN HOME; ARKANSAS:
Section 1.
Ordinance No. 113 as amended by Ordinance No. 116 is
hereby amended by providing that Section 2 of said Ordinance
shall read as follows:
Section 2.
All on-street parking in the City of Mountain Home
w~tch is prese~ily regula.te~ by Parking Meters i?
hereby designatefias a TWo(2)-hour Farking Zah:.
All Ci tYL1_parkinglots which are presently regulated by

parking meters shall continue to be so regulated as
per Ordinance No. 113.
The City Council in its discretion, upon recommendation

of the Mountain Home Municipal Parking Authority, may
make exceptinns to such Two (2)-hour Parking Zones for
such purposes as loading zones and bus, theater, and
taxi-cab spaces.
The Municipal Parking Authority may from time to time

designate other parking zones upon the public streets
and parking areas and/or eliminate any of the above
designated Parking Zones as in its opinion the traffic
conditions require.
Section 2.
Section 3.
Parking Meters on City parking lots and in Two(2)-Hour
Parking ZoneB shall operate as follows:
A. Every day except Sunday from 8:00 A.M. to 6:00 P.M.

except the following National Holidays of each
year: Memorial Day, Forth of July, Thanksgiving
Day, and Christmas Day.
Section 3.
The Parking Authority may fix the time limitations for
legal parking in parking lots and the hours during which
said meters must be used by any person desiring to park.
Time limitations shall be designated on the parking
meters.
The Parking Authority shall cause covers to be placed

over existing Parking Meters which presently regulate
on-street parking. Such covers and/or signs placed
at appropriate intervals shall clearly indicate the
establishment of a two(2)-hour parking limit.
Page 2
ORDINANCE NO. 712
The Parking Authority shall have lines or markings

pain'tedor placed upon the curb and/or street desig-
nating parking spaces. It shall be unlawful and a
violation of this Ordinance to park any vehicle across
any such line or making so established.
Section 4. Ordinance No. 113 as amended by Ordinance No.
116 is hereby amended by providing that Section 5 of said
Ordinance shall read as follows:
Section 5. Any vehicle may park free in the above-

designated Two(2)-hour Parking Zones for a period of
two (2) hours.
Any vehicle parking on a City parking lot which is

regulated by the Parking Authority shall pay for the
privilege of parking in accordance with the fee or time
schedule posted on the meter.
A violation of this provision of this Ordinance shall

be punished as hereinafter set forth.
Section 5. Ordinance No. 113 as amended by Ordinance No.

116 is hereby amended by providing that Section 6 of said
Section 6. It shall be unlawful and a violation of this

Ordinance for any person to:
Allow any vehicle registered in the name of or operated

by such person, to be parked beyond the two (2) hour
legal parking time as herein established in any of the
above-designated Two(2)-hour Parking Zones;
Allow any vehicle registered in the of or operated by

such person, to remain or be parked at a parking meter
on any City lot regulated by Parking Authority when
said meter is displaying a signal indicating that the
purchased parking time has expired;
Deface, injure, tamper with, open or willfully break,

destroy or impair the usefulness of any parking meter
installed under the provision of this Ordinance;
Deposit in any parking meter any slug, device or metal-

lic substitute or any other substitute, and to use any
coins other than coins of the United States;
Cause, permit or allow any vehicle of a rated capacity

greater than one ton or of a wheelbase greater than 218,
or an overall length of 240 inches, to park, remain or
be placed in any parking space designatea by proper
marking upon the curbing and pavement for diagonal
parking.
Section 6. Ordinance No. 113 as amended by Ordinance No. 116

that Section 7 of said Ordinance shall read as follows:
Section 7. It shall be the duty of the Parking Enforce-

ment Officer of the City, acting in accordance with the
instructions issued by the Mayor and City Councilor
Parking Authority to report:
a. In the case of parking violations on City parking

lots, the number of the parking zone or parking
space which indicates that the vehicle occupying
the parking space has been parked in violation of
any of the provisions of this ordinance.
b. The State License of any vehicle parked in viola-

tion of this ordinance.
Page 3
ORDINANCE ,'112
c. The date and hour said Officer detected such

vehicle parking in violation of the prov Ls'Lon s of
this Ordinance. .
d. Any other facts, a knowledge of which is necessary

to a thorough understanding of the circumstances
attending such violations.
Such Officer shall also attach to such vehicle a notice

to the owner or operator thereof that such vehicle has
been parked in violation of the provisions of this
Ordinance, and instructing such owner or operator:
a. In the case of a violation of the two(2)-hour

parking limit existing in all Two(2)-hour Parking
Zones, to pay to the Parking Authority of Mountain
Home, Arkansas, as a penalty for and in full satis-
faction of such violation the sum of $1.00. The
failure of such owner or operator to make such
payment within twenty-four (24) hours shall render
such owner or operator subject to penalties here.
inafter provided for violation of the provisions
of this Ordinance.
b. In the case of a parking meter violation, to pay to

the Parking Authority of Mountain Home, Arkansas,
as a penalty for and in full satisfaction of such
violation the sum of $.50. The failure of such
owner or opera tor t.c.make such payment wi thin .~
twenty-four (24) hours shall render such owner or
operator subject to penalties hereinafter provided
for violation of the provisions of this Ordinance.
Section 7. Ordinance No. 113 as amended by Ordinance No. 116

is hereby amended by providing that Section 8 of said Ordin-
ande shall read as follows:
Section 8. In any hearing in the Municipal Court of

Mountain Home, Arkansas, on a charge of illegaly
parking a vehicle, testimony that a vehicle bearing a
certain license plate was found, or that was duly re-
ported, unlawfully parked as prohibited by the provi-
sions of this Ordinance, and further testimony that the
records of the registrar of motor vehicles for the
State or City reflect said license plate was issued
to the defendant, shall be prima facie evidence that
the vehicle was unlawfully parked, was so parked, or
permitted to be parked, by the defendant.
Section 8. Ordinance No. 113 as amended by Ordinance No.116

is hereby amended by providing that Section 9 said Ordinance
Any person who shall violate any of the provisions of

this Ordinance shall upon conviction thereof be subject
to fines as follows:
a. In the case of violation of the Two(2)-hour Parking

Zones, the owner or operator shall pay $1.00 for
the initial violation and $2.00 for each succeeding
hour that the vehicle remains illegaly parked. If
the fine is not paid within twenty-four hours, the
amount of the fine shall be doubled.
b. In the case of a parking meter violation, the owner

or operator shall pay $.50 for the initial violation.
If the fine is not paid within twenty-four hours,the
amount of the fine shall be doubled to $1~00.
c. In the case of any defacing, injuring, tampering

with or willfully breaking, destroying, or
Page 4
ORDINANCE NO. 712
impalrlng the usefulness of any of the existing

parking meters or the covers placed over said
meters, the offender, upon conviction in the
Municipal Court of Mountain Home, shall be subject
to a fine of $100.00 plus the cost of repair for
each meter or cover so damaged.
Section 9. Ordinance No. 113 amended by Ordinance No. 116

is hereby amended by providing that Section 10 of said
Section 10. The Five(5) Cent, Ten (10) Cent, and the
quarter (25) Cent coins required to be deposited in
parking meters as herein provided are hereby levied and
assessed as fees to provide the proper regulation and
control of traffic upon the public streets and avenues
of said City, and also the cost of rental, purchase,
installation, supervision, protection, inspection,
operation, maintenance and control and use of the
parking meters described herein.
Section 10. Except as herein amended, Ordinance No. 113 as

amended by Ordinance No. 116 of the City of Mountain Home,
Arkansas, shall remain unchanged and in full force and
effect.
The Parking Authority has determined that the citizens who

patronize downtown merchants and who use the services pro-
vided by the Coun~y Court House wish the on-street parking
meters to be removed from use, and the City Council of the
City of Mountain Home has worked with the City Parking
Authority to effect removal of on-street parking meters
from use on a trial basis for one year as of January 1, 1983,
by suitable Ordinance; therefore, and emergency is declared
to exist and this Ordinance shall be in full force and ef~
fect from and after its passage.
PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 1982.
ATTEST:
Parking Regulations
ORDINANCE NO. 713
AN ORDINANCE ANNEXING PROPERTY TO THE

CITY OF MOUNTAIN HOME, ARKANSAS, AND
TO WATER AND SEWER IMPROVEMENT DISTRICT
NO. 3 OF SAID CITY; AND TO ANNEX £AID
PROPERTY TO THE CITY AS COMMERCIAL C-3.
WHEREAS, a Petition was filed with the County Clerk

of Baxter County, Arkansas, and the City Clerk of Mountain
Home, Arkansas, by the owners of the land hereinafter des-
cribed, praying that said land be annexed to and made a part
of the City of Mountain Home, Arkansas, and to Water and
Sewer Improvement District No.3 of said City; and that
said property_be annexed and zoned to the City as Commer-
cial C-3; and,
WHEREAS, on the 6th day of December, 1982, the County
Court of Baxter County, Arkansas, found that said Petition
was proper and that all notices had been given for the time
and in manner prescribed by law and that said lands should
be annexed to the City of Mountain Home, Arkansas, subject
to the acceptance of the City Council; and,
said Order of annexation made by the County Court has ex-
pired and no appeal has been taken from said Order; ~nd,
WHEREAS, said Petition was submitted to the Planning
Commission of the City of Mountain Home, Arkansas, and
that proper notice was published and a public hearing was
held; that all remonstrances were heard after which the
Planning Commission recommended that the property be annexed
to the City of Mountain Home, and Water and Sewer Improve-
ment District No.3, and zoned Commercial C-3; and,
that said Petition is proper in all respects.
Section 1.
That the following-described lands in territory conti-
guous and adjoining the City of Mountain Home, Arkansas, and
to Water and Sewer Improvement District No.3, be and the
Home, Arkansas, and Water and Sewer Imporvement District
No.3 of said City, and zoned Commercial C-3, to-wit:
Part of the NWt of the NEt of Section 3, Town-
9Vip 19 North, Range 13 West, bounded and des-
cribed as follows:
From the SE corner of the NWt of the NEt of

said Section 3, run N. 88° 15' W. 40 feet to
the West r/w line of 80-foot street, thence
N. 4° 06' E. along the r/w line, 2t.5 feet to
the point of beginning. From the point of
beginning run N. 88° 15' W. along and old fence,
ORDINANCE NO. 713
Page 2
211 feet to a steel post in chain link fence,

thence N. 2° 47' E. along chain link fence
278.5 feet to a steel corner post, thence 90°
East 217.75 feet to a point on the West r/w
line of said 80-foot street, thence S. 4° 06'
W. 284.8 feet to the point of beginning. Con-
Section 2.
Extensions to the existing sanitary and water systems
as may now exist may be built to serve the property within
the bounds of the above-described territory in such manner
and with such materials as the Commissioners of Water and
Sewer Improvement District No. 3 may deem to be the best
interest of the said district and the cost thereof may be
assessed on the real properties hereinabove described as
benefits thereto.
Section 3.
That there is an immediate need for constructing
extensions to the existing sanitary sewer system and water
system as the same now exists, to serve the property within
the boundaries hereinabove described. Therefore, an emer-
gency is declared to exist, this ordinance being necessary
for preservation of the public health and safety, the same
shall be in full force and effect from and after its pass-
age and publication.
THIS ORDINANCE PASSED AND APPROVED THIS 13TH DAY OF
JANUARY, 1983.
ATTEST:
Annexing Teleservice of America property as C-3

ORDINANCE NO. 714
AN ORDINANCE AUTHORIZING A USAGE VARIANCE

FOR THE PURPOSE OF ALLOWING THE OPERATION
OF A BEAUTY SHOP BUSINESS IN AN AREA ZONED
RESIDENTIAL R-1.

That a Petition to permit a usage variance in an area

zoned Residential R-1 within the city limits of the eity of
Mountain Home, Arkansas, has been filed requesting a usage
variance for the operation of a beauty shop business and
that a map of the property for which the usage variance pe-
tition has been filed along with the surrounding property
within its respective zoning has been filed herein, and after
a full public hearing on said petition has been held wherein
all remonstrances were heard it would appear that said Pe-
tition should be granted.
TAIN, ARKANSAS:
County, Arkansas, to-wit:
A part of the NWt of SEt of Section 9, Township
as follows:
Begin 47 and 4/7 rods South of the NW corner of

said forty, which point if the NW corner of R.
F. Bodenhamer tract, and the SW corner of the
Roy Bodenhamer tract, run thence South 110 feet
to the point of beginning for the lands herein
conveyed, run thence East 210 feet to a point,
run thence South 90 feet to a point, run thence
West 210 feet to a point, this point being on
the East line of College Street, run thence North
along the East line of College Street 90 feet to
is hereby granted and allowed a zoning usage variance to

permit the operation of a beauty shop business on property
currently zoned Residential R-1 and for no other noncon-
forming use and that upon cessation of the usage of the
property as a beauty shop this usage variance shall ter-
minate and the property shall thereafter be used only for
those uses permitted in a Residential R-1 zone.
Gii2(;?Q
RMnald E. Pierce, Mayor
ATTEST:
Connie House, City Clerk

ORDINANCE NO. 715
AN ORDINANCE SUSPENDING THE REQUIREMENT OF

COMPETITIVE BIDDING ON CERTAIN FURNISHINGS
AND EQUIPMENT FOR THE LABORATORY AT THE
WASTEWATER TREATMENT PLANT.
WHEREAS, the Wastewater Treatment Plant modifications

have been completed except for furnishings and equipment for
the laboratory; and
WHEREAS, Fisher Scientific (Epoxyn Products) of Mountain
Home has agreed to supply certain laboratory furnishings
and equipment which they manufacture at wholesale, which will
result in a saving of several thousand dollars; and
WHEREAS, it is not feasible or practical for the City
to advertise for bids on said furnishings and equipment;
The Mayor is hereby authorized to purchase from Fisher
Scientific certain laboratory furnishings and equipment for
the new laboratory at the City's wastewater treatment plant,
J{g) ~~O. 00 j,ac:1::- orde.e....sJtI'p;>,flj
for an amount not to exceed $.t3,500.0o- plus sal:9S "tax'"l L
l.!A?a r~f~;;;>
The expansion of the wastewater treatment plant has
been completed except for equipping the laboratory, and it
is necessary to finish the laboratory before putting ~he
plant on line because monitoring of wasterwater treatment ~
is essential to the efficient operation of the plant and
maintenance of standards required by the City's Permit;
ance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED THIS 10th DAY OF FEBRUARY, 1983.
ATTEST:
Equip. for laboratory at wastewater treatment plant.

ORDINANCE 4'10

COMPETITIVE BIDDING ON A CAR EOR THE USE
OF THE MAYOR; AND FOR OTHER PURPOSES.
-"\
WHEREAS, money has been budgeted for an automobile to -

be used by the Mayor; and
WH~REAS, purchase of a car for the Mayor will enable the
Street Superintendent to have the use of a eity truck; and
WHEREAS, local dealers have sub~itted prices, and the
City has been offered a low bid; and
to advertise for bids on said car;
The Mayor is hereby authorized to purchase from Nor-
cross Ford, Inc., a 1983 Ford Fairmont for SEVEN THOUSAND
SEVEN HUNDRED SIXTY DOLLARS ($7,760.00).
The Mayor is in need of a car for his use when on City
business, which takes him to the Capitol and to other cities
of Arkansas as well the City of Mountain Home, and the health,
safety and welfare of the citisens of Mountain Home will
benefit; therefore an emergency is declared to exist and
after its passage.
PASSED AND APPROVED~THIS 10TH DAY OF FEBRUARY, 1983.
~. ~
~ ~~
~erce, Mayor
ATTEST:
Car for Mayor

ORDINANCE NO. 717
ORDINANCE NO. 717 AMENDING ORDINANCE NO. 296

AS AMENDED, WITH REFERENCE TO ZONING WITHIN
INDUSTRIAL TO QUIET COMMERCIAL C-3.

That a proper Petition was filed by property owner
requesting a map change in zoning; that said Petition was
Home, Arkansas; that notice of said Petition and a public
circulation as required by Ordinance No. 163 on the posting
No. 283; that a public hearing was held; that all remon-
strances were heard, after which the Planning Commission
recommended that all property described hereinafter be re-
zoned.
Arkansas, be and is hereby changed in zoning from Industrial
to Quiet Commercial C-3:
That part of the NEt NWt of Section 16, Township
19 North, Range 13 West , bounded and described
as follows: Begin at the NW corner of Section 16,
run thence East 1320 feet to the NW corner of
NEt NWt said Section, run thence South 400 feet
along the West line of said forty to a point, run
thence East 614 feet more or less to the NE corner
of tract formerly known as the "Denton Bros."
tract, this point being the point of beginning
of the lands herein described, from this point,
run East 99 feet and to the NW corner of the lands
known as "Mart Green Tract " II run thence South
along the West line of the "Mart Green Tract"
210 feet to a point, run thence West 99 feet more
or less, and to the East line of the T. J. McCabe
tract, run thence North along the East line of
the McCabe tract and Gentry tract 210 feet to the
point of beginning, containing .48 acre, more
or less.
That part of the NEt NWt of Section 16, Township

follows: Begin at the NW corner of Section 16,
run thence East 1320 feet to the NW corner of the
NEt NWt, Section 16, Township 19 North, Range 13
West, thence South 400 feet to a point, thence
run East 613 feet to the NE corner of the Merrihew
one acre tract for the point of beginning for the
tract herein described, run thence South 100 feet
to a point, run thence West 60 feet to a point,
run thence North 100 feet to a point, run thence
East 60 feet to the point of beginning.
A part of the NEt of NWt, Section 16, Township

as follows: Beginning at the NW corner of said
NEt NWt and run thence South 400 feet to a point,
run thence East 503 feet to a point of beginning
for the tract herein conveyed; run thence South
210 feet to a point, run thence East 110 feet to
-2-
a point, run thence North 110 feet to a point,

North 100 feet to a point, run thence West 50
feet to the point of beginning.
WHEREAS, this Ordinance is necessary for the preserva-

tion of the health and safety of the citizens of Mountain
ENACTED THE 10TH DAY OF MARCH, 1983, AND DECLARED
APPROVED:
ATTEST:

ORDINANCE NO. 718
AN ORDINANCE TO PROTECT THE STREETS OF THE CITY BY

REQUIRING A PERMIT TUEXCAVATE WITHIN THE 'RIGHTS-
OF-WAY OF CITY STREETS; PROVIDING FOR A FEE, INSPEC-
TION AND PENALTY FOR VIOLATION; REPEALING ORDINANCES
AND PARTS OR ORDINANCES IN CONFLICT HEREWITH;
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. THIS
ORDINANCE RECINDS ORDINANCE NO. 567.
WHEREAS, private and public utilities, contractors and

others have done extensive damage to City streets when making
street cuts and not properly preparing for a new street
surface, and
WHEREAS, the cost of street repair to the City is con--
tinually increasing,
A. Person: Any individual firm or corporation and
includes public utility companies and departments of the City
of Mountain Home and State of Arkansas.
B. Cut: Any breaking of the street or ground surface
and the removal of material from said break.
C. Boring: The act of excavating material from beneath
the surface without breaking the surface of the ground or
street immediately above the excavation.
Section 2. Street Cuts and Boring Prohibited
No person shall cut or bore within the right~of-way of
any street, alley, or public highway within the corporate
limits of Mountain Home, Arkansas for any purpose whatsoever
without first obtaining a permit therefor from the City
Buiroding Inspector. Persons obtaining said permit shall
contact the Mountain Home Street Superintendent, before any
work is begun. The Street Superintendent will make the
decision at that time if said person must bore or may be
permitted to cut the street, alley or public highway and will
specify the limits of said cut or bore. At the finish of
said job, the City Street Superintendent must make a final
inspection of all work.
Section 3. Bond Required
Any person desiring a permit as hereinbefore set out
shall first execute and aeliver to the Clerk of the City a
corporate surety bond in the sum of $500.00 to indemnify the
City or any citizen for any damage caused by the failure of
such person to comply strictly with the provisions of this
ordinance. Said bond shall be in full force and effect for
the full time that work is in progress. Persons duly li-
censed and bonded to the city shall be deemed to be bonded
for the work planned.
-2-
Section 4. Fee
The fee for the permit for each cut or bore make by a
person other than a Department of the City, shall be Twenty-
Five Dollars ($25.00) payable at the time of acquiring said
permit and shall be in addition to any connection fees or
any other fees applicable to the project for which the cut
or bore is required.
Section 5. Safety
All work performed pursuant to said permit shall meet
all safety standards and the person undertaking such work
shall protect the safety of the traveling public by erection
of barricades, signs and lights.
Section 6. Pavement
Whenever a cut is to be made in the bounds of the ac-
tual pavement, the pavement shall first be cut with an ap-
proved cutting device to provide straight squared edges.
Pavement shall be removed in such manner to provide eighteen
(18) inches of undisturbed earth between the edge of the cut
pavement and the edge of the excavation.
Section 7. Removal of Material
All excavated material shall be removed from the job site
prior to commencing backfilling operations. No backfill
shall be placed in any cut prior to inspection by the City
Street Superintendent.
Section 8. Inspection
The City Street Superintendent shall, upon notice, in-
spect such boring or cuts to determine whether the provisions
of this ordinance are being observed.
Section 9. Backfill and Pavement Restoration
A. Upon approval of the excavation by the City Street
Superintendent, the excavation shall be backfilled with wet
sand, crushed stone dust, crushed stone size #12, crushed
limestone base SB-2 or equal to an elevation twelve (1211)
inches below the pavement or ground surface. The remainder
of the excavation shall be backfilled with crushed stone
base SB-2 complying with Section 306.02 of the Arkansas
State Highway Commission Standard Specifications except
that the top twelve-inches may be an approved earth material
when the excavation is not under the pavement proper. The
backfill shall be compacted to 90% of maximum density as
determined by the Standard Proctor Test. In no case shall
pea gravel, a bank run or the like be used to backfill any
excavation within the right-of-way of any street.
B. Within thirty (30) calendar days after completion of
initial backfill set out above, the pavement backfill shall
be cut and shaped at a depth of four (4) inches below the
surface of the finished pavement with an overlap of eighteen
(18) inches from the edge of each side of the final excave-
tion. The cut shall be filled with HAC surface material
-3-
complying with Section 408 of the Arkansas State Highway

Standard Specification. The surface material shall be com-
pacted to a finished thickness of four (4) inches and shall
provide a smooth pavement surface.
Section 10. Boring
A. Boring will be commenced a minimum of two (2) feet
from the edge of existing pavement or proposed pavement and
the bore will be at a minimum depth of two (2) feet.
B. All voids between the conduit or liner and the bore
wall shall be pressure grouted with concrete having a 28-
day compressive strength of 2000 PSI.
Section 11. Emergency Cuts
In the event of an emergency including, but not limited
to a leak in a line, the person shall contact the Building
Inspector and pay the permit fee, said person shall then
contact the City Street Superintendent and follow the provi-
sions of the Ordinance as set out hereinabove as soon as
practical after such boring or cutting. In no event shall
any backfill be put into a cut until all excavated material
has been taken from the site.
Section 12. Municipality Cuts
If said cut is made by the Cityfs Water Sewer
Department for a new tie-on, a seventy-five dollar ($75100)
fee shall be collected from the property owner by siad
Department in addition to any other tie-on fee and said fee
shall be paid to the City Building Inspector. Fifty dollars
($50.00) of said fee shall be allocated to the City Street
Department.
Section 13. Notification
The City Street Superintendent will notify the Mountain
Home Police and Fire Departments of the date and time that
any street cuts will be commenced.
Section 14. Violation and Penalty
Any person convicted of failure to obtain a permit or
pay the fees provided for in Section 2, 3 and 11 hereof or
to comply with any sections hereof shall be fined not more
than One Hundred Dollars ($100.00) and each day such failure
occures or which a violation cont1unes shall constitute a
separate offense.
Section 15. Inconsistency
All ordinances or parts of ordinances inconsistant here-
with are hereby repealed. Ordinance No. 567 is specifically
repealed.
It is determined that permits should be immediately
available to qualified persons and public utility companies
and an emergency is declared to exist and this ordinance
being necessary for the preservation of public health,
-4-
safety and welfare shall be in full force and effect from

PASSED AND APPROVED THIS 10TH DAY OF MARCH, 1983.
~dPG?~
R:OIlldE:. Pierce, Mayor
ATTEST:

ORDINANCE NO. 719

COMPETITIVE BIDDING ON FORMS FOR CONSTRUCTION
OF STREET CURB AND GUTTER; AND~OR OTHER PURPOSES.
WHEREAS, the City is reconstructing certain streets

requiring curb and gutter; and
WHEREAS, the City is in urgent need of forms for con-
struction of said curb and gutter; and
WHEREAS, Choctaw Machinery Sales, Inc. of Little Rock
and Mountain Home Manufacturing Co. have offered bids on
said forms; and
to advertise for bids on said forms becuase of the limited
source of supply;
The Mayor is hereby authorized to purchase from Choc-
tas Machinery Sales, Inc., Arkansas Division, Little Rock,
Arkansas, four hundred feet of forms for construction of curb
and gutter in the amount of FOUR THOUSAND SEVEN HUNDRED
EIGHTY-TWO DOLLARS AND EIGHTY CENTS ($4,782.80).
The Street Superintendent has begun reconstruction of
First Street and Wade Street in the City's Street Reconstruc-
tion Program and has immediate need for forms for curb and
gutter work on said streets thus preserving the safety and
health of the citizens of the City of Mountain Home; there-
fore an emergency is declared to exist and this Ordinance
PASSED AND APPROVED THIS 10TH DAY OF MARCH, 1983.
ATTEST:
ORDINANCE NO. 720

COMPETITIVE BIDDING ON REPAIRS TO BACKHOE;
WHEREAS, the Street Department's backhoe is being

repaired by Mountain Equipment Co., Inc., of Mountain Home;
and
WHEREAS, upon tearing down said backhoe the extent of ne-
cessary parts and labor increased beyond the limit of the
Mayor!s purchasing power; and
WHEREAS, it is neither feasible nor practical at this
point to advertise for bids on repairs to the backhoe;
The Mayor is hereby authorized to pay Mountain Equipment
Co., Inc., for repairs to the City!s backhoe in the amount of
FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00) more or less.
The backhoe is essential for maintenance of City streets
which benefits the health, safety and welfare of tpe citizens
of Mountain Home; therefore, an emergency is declared to
exist and this ordinance will be in full force and effect
PASSED AND APPROVED THIS 31ST DAY OF MARCH, 1983.
ATTEST:
ORDINANCENO. 721
AN ORDINANCEAMENDINGORDINANCENO. 715;
INCREASINGTHE AMOUNTAU'IHORIZEDFOR
PURQIASEOF LABORA'IORY
EQUIPMENTFOR THE
WASTEWATERTREATMENTPLANT; DEa.ARING AN
EMERGENCYANDFOR OTHERPURPOSES.
WHEREAS,certain necessary revisions in the list of laboratory

equipnent needed for the Wastewater Treatment Plant have been made;
and
WHEREAS.• said revisions have made it necessary to increase the

amount the Mayor is authorized to spend for said equipnent;
NOV, THEREFORE,BE IT ORDAINEDBY THE CITY COUNCILOF THE CITY OF

HOME"ARKANSAS:
MOUN'I2liN
The phrase "for an amount not to exceed $13 ,,50.0.,.0.0. plus sales
tax" is hereby deleted from Section 1 of Ordinance No. 715" and the
following is inserted in its place: "for an amount not to exceed
SIXTEEN THOUSAND OOLLARS($16,,0.00.0.0.) plus shipping on back-ordered
items. n
Section 2" Emergency Clause
The City has taken delivery on the subject equipnent and payment
is due Fisher Scientific on certain invoices; therefore, an emergency
is declared to exist and this ordinance shall be in full force and
PASSEDANDAPPROVEDT'"rlIS14th DAYOF APRIL, 1983.
~Lee~\JRonald E. Pierce, Mayor
ATl'EST:
'~.?~~
., ORDINANCE
NO.12L
ANORDINANCE TO ABANOONANDETI'INGUISH
THECITY'S INTERESTIN A CERTAIN UNUSED
UTILITYEASEMENT BE'IWEEN
LOTS12 AND13
OF BLOCK4 I' INDIANCREEK NO;.3 I' PHASE2,
ANDFOROlHERPORPOSES.·
WHEREAS, proper Petitions have been filed herein seeking the

abandonment of a certain utility easement in Indian Creek No.3,. Phase
2; and,
WHEREAS, notice has been duly published in the time and in the
manner prescribed by law for a public hearing to be held on the
matter; and,
WHEREAS, public hearing was held pursuant to the notice on April

28, 1983, at 8:15 p.m.; and,
WHEREAS, at said public hearing the matter being fully discussed,

it was determined that the said easement has never been utilized and
that it is now now nor foreseeab1y necessary for any public purpose.
IT IS, THEREFORE,
ORDAThlW
BY THECITY mUNCILOF THECITYOF
MOUNTAIN
HOME,ARKANSAS:
1. That the interest of the City f Mountain Home, its Board and
Commissions, in and to a certain utility easement along and ten (10)
feet on either side of the line dividing lots 12 and 13 in Block 4,
Indian Creek no. 3, Phase 2, as shown by the recorded plat thereof,
except for any part of such easement within ten (10) feet of the front
or rear lot lines of said lots, be and the same is hereby abandoned
forever.
2. That the Mayor, City Clerk, and the Commissioners of all

commissions of the City of Mountain Home, Arkansas, having
jurisdiction over utility easements be and they are hereby authorized
and directed to execute such instruments,. documents, and things as the
owners of said lots may require to extinguish the City's interest in
the easement of record.
3. This Ordinance being necessary to preserve the peace and

welfare of the City, an emergency is declared to exist and said
Ordinance shall be effective from and after its passage and approval.
Enacted this 28th day of April, 1983.

ORDINANCE
NO. 723
ANORDINANCE AUTHORIZINGA USAGEVARIANCE

FORTHE·PURPOSEOF AJ:.,LCM:NG
'!HE OPERATION
OF A·a..EANING-
SERVICEBUSINESSIN ANAREA
ZONED RESIDENTIALR-l.
BE IT ORDAINED
BY THECITY CDUNCIL
OF '!HE CITY OF MOUNTAIN
HOME,
ARKANSAS:
That a Peti lion to permit a usage varance in an area zoned

Residential R-l within the city limits of the City of Mountain Home,
Arkansas, has been filed requesting a usage variance for the operation
of a cleaning service business and that a map of the property for
which the usage variance petition has been filed along with the
surrounding property within its respective zoning has been filed
herein.
IT IS THEREFORE
ORDAINED
BY '!HE CITY CDUNCIL
OF MOUN.mIN
HOME,
ARKANSAS:
That the following-described real estate in Baxter County,

Arkansas, to-wit:
That part of the NW1/4 NE 1/4 of Sec. 9, 'lWp. 19

North, Range 13 West, described as follows: Beginning 216
feet South of the true center of Sec. 19 North, Range 13
West, run thence East 225 feet to a point, run thence South
on a line parallel with College Street 100 feet to the South
line of the Horton-wilson tract, run thence West along the
South line of the Horton-Wilson tract, which line is
parallel with Highway No.5, a distance of 225 feet to a
point in the center of College Street, run thence North
along the center line of College Street 100 feet to the
point of beginning, containing 1/2 acre, more or less.
is hereby granted and allowed a zoning usage variance to permit the

operation of a cleaning service business on property currently zoned
Residential R-l and for no other nonconforming use and that upon
cessation of the usage of the property as a cleaning service, this
usage variance shall terminate and the property shall thereafter
be used only for those uses permitted in a Residential R-l zone.
PASSEDANDAPPROVED
'!HIS 28'!H DAYOF APRIL, 1983.
ATI'EST:
~di~
Conn;e House, City Clerk
ORDINANCENO. 724
AN ORDINANCESUSPENDINGTHE REQUIRMENTS
OF COMPETITIVE-BIDDING-ONCERTAINREPLACEMENT
PARTS FOR '!HE DRIVE-IN--wINDC:lV
IN THE WATER
DEPAR'IMENT;AUTHORIZING- THE MAYOR'ill PURQIASE
THE PARTSANDHAVETHEMINSTALLED; DECLARING
AN EMERGENCY ANDFOR OTHERPURPOSES.
WHEREAS,the drive-in-window in the Water Department is in need

of a new drawer and audio system; and
WHEREAS,parts can be purchased to fit the particular make of

drive-in-window from one source only; and
WHEREAS,it is not feasible or practical to advertise for bids on

the subj ect drawer and audio system;
N{lIV,'IHEREFORE,BE IT ORDAINEDBY THE CITY COUNCILOF THE CITY OF

MOUNTAINHOME,ARKANSAS:
Mayor Pierce is hereby authorized to purchase and have installed

one (I) 1500 drive-in-window drawer and one (1) audio system from
Mosler Products for the total sum of 'IWOTHOUSAND NINE HUNDRED DOLLARS
ANDNO CENTS ($2,900.00).
Section 2", Emergency Clause
The dri ve-in-window in the Water Department was purchased second

hand and certain parts need to be replaced. The citizens of Mountain
Home enjoy the convenience of paying at the drive-in-window, and the
health, safety and welfare of the cormnunity is served thereby;
therefore, this Ordinance shall be in full force and effect from and
after its passage.
PASSEDANDAPPROVEDTHIS 28TH DAYOF APRIL, 1983.
ATTEST:
Lc/L~
00.1.2.5.
ORDINANCE
ANORDINANCE
DEFININGTHETERMIf SINGLE
TRANSAcrION"
FORPURPOSEOF THELOCAL
SALESTAX;REPEALING
ORDINANCE
NO. 678;
PROVIDING
THEEMERGENCY·
CLAUSEANDFOR
OTHERPURPOSES.
BE IT ORDAINED
BYTHECITYmUNCILOF THECITYOF MOUNTAIN
HOME,
ARKANSAS:
SECJ:'ION
L Defining Single Transaction. The term "single
transaction" for the purposes of the local sales tax, shall be defined
according to the nature of the goods purchased, as follows:
A. Whentwo or more devices in which, upon which or by which any

person or property is, or may be, transported or drawn, including but
not limited to on-road vehicles, whether required to be licensed or
not, off-road vehicles, farm vehicles, airplanes, water vessels, motor
vehicles, or non-motorized vehicles, and mobile homes, or sold to a
person by a seller, each individual urn t, whether part of a "fleet n
sale or not, shall be treated as a single transaction for the purpose
of the local sales tax.
B. The charges for utility services, which are subject to the

taxes levied under this ordinance, and which are furnished on a
contanuous service basis, whether such services are Paid daily,
weekly, :monthly or annually, for the purposes of the local sales tax,
shall be computed in daily increments, and each such daily charge
increment shall be considered to be a single transaction for the
purposes of the local sales tax.
C. For sales of building materials and supplies to contractors,

builders or other persons for the construction of any commercial or
residential structure, the erection of which requires the issuance of
a building permit from the City of ~.ountain Home, a single transaction
shall be considered the completed structure. The sales tax imposed
shall be levied based. qn the final cost of the materials purchased to
build the structure rather than upon the incremental sales of
materials used in the construction •
.""'''<t..
~:(;k
L Upon presentation of the Btrilding permit, and of all invoices

for building materials used in the construction of the
structure the City shall rebate on an individual claim basis,
taxes paid pursuant to Ordinance No. 646 in excess of $25.00.
This rebate will be made only once"
2. All the aforementioned invoices shall clearly show the total

amount of taxes paid pursuant to Ordinance No. 646 and shall
be clearly marked as to job number and/or City address.
D. Whentwo more items of major household appliances,

commercial appliances' jor equipment and machinery are sold, each
individual urn t shall be treated as a single transaction for the
purposes of the "Local sales tax.
E. For groceries, drug items, dry goods and other tangible

personal property and/or services not otherwise expressly covered in
this section, a single transaction shall be deemed to be any single
sale which is reflected on a single invoice, receipt or statement, on
which an aggregate sales tax figure has been reported and remitted to
the state.
SEmON 2,. This Ordinance repeals Ordinance No. 678.
SEcrION3. Emergency Clause. That the City Council for the

City of Mountain Home, Arkansas, has determined that there is an
immediate need to establish a definition of "single transaction" for
the purpose of assisting the State of Arkansas in its collection
Ordinance Defining "Single Transaction" Page 2
responsibilities of the local sales tax and this ordinance being

necessary for the preservation of the health, safety and welfare of
the citizens of Mountain Home, Arkansas, shall become law immediately
upon its passage, approval and publication.
PASSED
ANDAPPROVED THIS 26THDAYOF ~1AY, 1983.
ATI'EST:
ORDINANCENO.12.6.
AN ORDINANCE WAIVINGTHE RmUIREMENTOF mMPETITIVE

BIDDING ON THE SLURRYSEALINGOF ADDITIONALS'IREETS
IN THE CITY OF MOUNTAINHOME;AMENDING ORDINANCE
NO. 706; AO'IHORIZINGPAYMENTOF mST OVERRUNSON
LEONARDANDHavARDSTREETS; DECLARINGAN EMERGENCY
AND.FOR OTHERPURPOSES.
WHEREAS,the City has already contracted with Bituminous Asphalt

Sealing Specialists, Inc., of Little Rock, to slurry seal certain
streets; and
WHEREAS,Bituminous Asphalt Sealing special Ista, Inc; , has done a

job which is satisfactory in quality and workmanship;
NOV, 'IHEREFORE,BE IT ORDAINEDBY THE CITY mUNCIL OF MOUN'ITUN

HOME,ARKANSAS:
SECl'ION I., Authorization
A. The Mayor is hereby authorized to enter into a contract with

Bituminous Asphalt Sealing Specialists, Inc, , of Little Rock,
Arkansas, to do additional slurry sealing of streets of the City of
Mountain Home in the amount of 'IWO'IHOUSAND THREEHUNDRED FIFTY-FIVE
DOLLARSANDFIFTY NINE CENTS ($2,355.59) •.
B. The JYI..ayoris also hereby authorized to okay payment of an

addi tonal FOUR 'IHOUSAND FOURHUNDRED FORTYFIVE DOLLARSAND'IHIRTY 'IWO
CENTS ($4,445.32) to pay for contractor cost over runs on Leonard
Street and Howard Street. in the City of Mountain Home.
SECTION 2.. Emergency Clause
Due to the present conditions of other streets in the city of

Mountain Home, and the need to cover contractor cost overruns as soon
as possible; therefore an emergency is declared to exist and this
passage.
PASSEDANDAPPROVED'IHIS 26'IH DAYOF Iv'I.AY, 1983.

ORDINANCENO. 121-
AN ORDINANCEACCEPl'INGPUBLIC DEDICATIONS,
IMPROVEMENTS,STREETS, ANDALLEYSOF
Q)()PER ESTATES, BLOCKI.
BE IT ORDAINEDBY THE CITY CDtJNCILOF MOUNTAINHOME,ARKANSAS:
Section 1. That the public dedications, improvements, streets

and alleys of Q)()PER ESTATESTCM1i1!OUSES, BLOCKI,
COOPERDRIVE AND PORTERLANE
are hereby accepted and the Clerk and Ex-officio Recorder of the
Circuit Court is hereby authorized to record the final plat thereof.

preservation of the health and safety of the citizens of the City of
Mountain Home, Arkansas, and an emergency is hereby declared to exist
and this Ordinance shall be in full force and effect from and after
its passage.
APPROVEDTHIS 26TH DAYOF MAY, 1983.
ATTEST:

NO. 12.a
ORDINANCE
ANORDINANCEAMENDING
ORDINANCE
NO. 698 'ID
REVISEPERSONNEL·
POLICYFORTHECITYOF
MOUNTAINHOME.
~;u:>o.;>, the City 11 S Personnel Policy needs to be revised; and
WHERi~,. the City COuncil has solicited and received employee

Personnel Policy; and
WHERI~, the City Council desires to incorporate certain

suggestions' received from City ero.ployeesand to make other necessary
changes;
FORE,BE IT ORDAINED
BYTHECITYCOUNCIL
OF THECITYOF
\ARlKANSAS :
SECTION 1: Delete all of section 3.8.3.2 (Scheduling Vacation

Leave) and repla with the following:
During the fi: st two weeks of January, all vacations for the year
will be schedul by the Department Head. Employee requests for
specific vacation tes should be given to the Department Head no
later than Janua 1. Requests will not be granted for any time
period of less than e week except that the second and third weeks of
vacation may be take in shorter increments as approved by the
Department Head.
Conflicting date requests will be granted on the basis of

seniority when the vacatn on schedule is drawn up in January ..
Adjustments to the v cation schedule may be made later by the

Department Head if such changes benefit the employee and do not
interfere with other wo k schedules, other previously-scheduled
vacations or the efficiency of his/her department.
Employees may not wo k during vacation time and be paid extra,

except that when employees 0 City departments are called in on an
emergency while on vacatio, for four hours or less, they shall be
paid their hourly wage for the number of hours spent on the job.. This
would constitute extra pay.. H ever, the employee who is called while
on vacation may elect to take c nsatory time off at a later date
rather than draw extra pay..
SECl'IQN 2: Delete all of and replace

with the following:
City employees are eligible to participate in a number of

insurance plans. Application forms d copies of current plans can be
secured from the City Clerk/Treasure ..
An employee wishing to rticipate should complete the

appropriate forms and return them to e Clerk/Treasurer within the
first 30 days of employment.. Mernbe ip in the plans will begin on
the 120th day of employment.
Employees who elect not to join a particular plan within the

first 30 days of employment may joi: in subsequent years on the
anniversary date of that plan. These dat s can be obtained from the
City Clerk/Treasurer.
The City of Mountain Home will rry group hospitalization

insurance for all full-time, permanent empl ees, the Municipal Judge,
the City Clerk/ Treasurer, the City Attorney and the dependants of the
above-enumerated employees and elected offic also
1
Ordinance Re .sing City Personnel Policy
For part-tim employees the City shall pay a portion of the

individual premium to the percentage of full-time hours that the
employee works ea month. The balance of premium and additional
premium for dependant if the employee chooses to include them, will
be paid by payroll dedu :tion.
Premiums for all pans, which the employee may choose to join,
other than group hospi taliz ion, will be paid by the employee through
payroll deduction.
SECI'ION 3: Delete 1 of Section 3.8.6 (Workmen's

Compensation) and replace with e following:
All ci ty employees are vered by Workmen's Compensation

Insurance for medical expenses and ime lost due to injury on the job.
The employee must report the injury 0 his/her supervisor immediately.
For minor on-the-job injuries, the De rtment Head will direct the
employee to the Mountain Home Me .cal Group. Major on-the-job
injuries and those occuring after the inic f s office hours must be
taken to the Hospital Emergency room. ter the initial visit to the
EmergencyRoom, the inj ured employee can elect a physician of his/her
choice.
Supervisors must report on-the-job juries to the Mayor's

Secretary.
SECI'ION
·4: EmergencyClause
The Personnel Policy is now in effect, an it is necessary that

needed changes be effective immediately; therefo an emergency is
declared to exist and this ordinance shall be in f 1 force and effect
PASSED THIS .1m DAY OF JULY,

ANDAPPROVED
~Pierce, Mayor
ATrEST:
2
ORDINANCENO.m
AN ORDINANCELEVYINGAN ADDITIONAL$3.00
COURTCOST ON CASES-m '!HE MUNICIPALCOURT
OF-MOUNTAINHOME,ARKANSAS,UNDERAOTHORITY
OF AeJr 860 -OF 1983 FOR '!HE PURPOSEOF PAYING
FOR 'lEE COSTS OF·THE ADMINISTRATIONOF JUSTICE~
DECLARINGAN-EMERGENCY ANDFOR O'mER PURPOSES.
BE IT ORDAINEDBY THE CITY COUNCILOF THE CITY OF MOUNTAINHOME,
ARKANSAS:
SEarION 1.. Under authority of Act 860 of 1983, there is hereby
levied and shall be collected from each defendant upon plea of guilty,
nolo contendere, forfeiture of bond or determination of guilt for
misdemeanors or traffic violation in the MuniCipal Court of Mountain
Home, Arkansas, the sum of Three Dollars ($3.00).. The said funds
shall only be used for the administration of justice .•
SEarION 2. Whereas, there is a great need for an additional
source of revenue to pay the rising costs of the administration of
justice; therefore, an emergency is hereby declared to exist and this
Ordinance, being immediately necessary for the protection of public
peace, health and safety, shall take effect inmediately upon its
PASSEDANDAPPROVEDTHIS 7TH DAYOF JULY, 1983
~c!9~
Ro d E. Pi.erce; Mayor
ATI'EST:

ORDINANCE
NO.ill
AN ORDINANCE LEVYINGFIVE OOLLARS($5.00)

o)URT COSTONCASESIN WE MUNICIPAL o)URT
OF 'MOUNTAIN HOME',ARKANSAS,
UNDERAU'IHORITY
OF AC'r 860 OF 1983; CREATING
A CRIMINAL
JUSTICE FUND:REPEALING ORDINANCE NO~657;
DEaARINGAN EMERGENCY~ ANDFOR O'IHER roRPOSES.
BE IT ORDAINEDBY THE CITY COUNCILOF THECITY OF MOUNTAIN

HOME,
ARKANSAS:
Section 1. under the authority of Act 860 of 1983, there is hereby
levied and shall be collected from each defendant upon plea of guilty, nolo
contendere, forfeiture of bond, or determination of guilt for misdemeanors
or traffic violations in the Municipal Court of Mountain Home, Arkansas,
the sum of Five Dollars ($5.00).
Section 2. The monies collected by the levy of this court cost shall
be deposited in the Municipal Court Account until monthly settlement is
made for Court costs and money COllected by this levy shall then be
deposi ted into a bank account known as the "Criminal Justice Fund of the
City of Mountain Home" and such monies shall be used for reimbursing the
County for expenses incurred in incarcerating City prisoners.
Section 3. This Ordinance replaces Ordinance No. 657, which is hereby
repealed.
Section 4. WHEREAS,
there is a great need for an additional source of
revenue to pay the rising cost of keeping prisoners; therefore, an
emergency is hereby declared to exist and this Ordinance being immediately
necessary for the protection of the public peace, health and safety shall
take effect immediately upon its passage and approval.
PASSEDANDAPPROVED
THIS 7TH DAYOF JULY, 1983.
A'ITEST:

NO. 1ll
ORDINANCE
AN ORDINANCE SE'ITINGFOR'lEROLESANDREGULATIONS '10 IMPROV1t PUBLIC

SA.FETY BY PROOOTING 'lEE CON'lROL
OF FIRE HAZARDS RELATING16 CON-
STRUcrION, FIRE P.REVENTION, ANDUSE OF STRUCTURES ~ ESTAB~ISHING
A FIRE ~ON BUREAU;ESTABLISHING 'lEE ·RESPONSIBILr;riESAND
PROCEDURES FOR,ENFORCEMENT ANDSE'ITINGFORTHSTANDARDS/FOR COM-
PLIANCE;PROVIDINGPENALTIESFOR'lEE·VIOLATION'lHEREO~f; CO~NLY
'10 BE CALLED~ FIRE PREVENTION CODE~REPEALING ORDJ;NANCE NO. 626;
DECLARING AN EMERGENCY ANDFOR OlBER PORPOSES.
WHEREAS,ordinancetno, 626 regulates the construqt:ion and use of

buildings and provides fpr the abatement of fire hazarda) and
WHEREAS,there is ari\immediate need for updat~flg such regulations

in order to provide fire p~otection to the inhabit?nts of the City of
NOV, 'lEEREFORE,BE IT O:jIDAINEO

BY 'lEE CITY;!CODNCIL
OF THE CITY OF
MOUNTAIN
HOME,ARKANSAS:
SECl'ION1.. ADOPTION
OF FIRE POOlENTION
CODE.
The t F" 1982 Edition as amended and

revised in 1983, published by southern/ Building Code Congress
International, Birmingham, Al~F is he~eby adopted by reference
thereto and incorporated herein, verbatipl, word for word, except as
specifically modified by this Or The Standard Building
Code 1982 Edition as amended and
r d in 1983 is hereby adopted
by reference thereto and Incorpora erein, verbatim, word for word,
except as specifically modified by s Ordinance.
2,. DELETIONS
SElCTION ANDINSERTION•
A. In the Standard Fire Pr ention Code, Chapter III pages 3-3

through 3-6 delete all dates rep rencedsas NFPAStandards and replace
with latest dates listed in VoJ,:umesI th~ough XVI of the National Fire
Code.
B. Delete the Board o£,'Appeals and AQ,justments as provided for

in Chapter II of the Standftd Fire Preventitpn Code.. This Board will
henceforth be the same BOCj.rdprovided for i~ Chapter I, Section III of
the Standard Building Coq¢ and will be known,as the Fire and Building
Code Board of Adjustment¢ and Appeals.
C. Delete Appen cies D, G, K, and M of the Standard Building

Code, Replace Appen" G with the followmg:
All areas of City now or hereafter zone9 Commercial C-l

shall be kn as the Fire District. .
SEcrION 3.. en ION OF RESIDENTIALSTRDCl'URES

IN,.ANDODTOF FIRE DISTRIcr.
A. Existi residential structures of 'lYPe VI\.construction in

or .Q!J.t. of the re District may be converted for nori~hazardous
commercial us provided the followmg rules set out'pereafter are
adhered to letely and without exception.
1. VI structures with a set back of less than 10 feet from

e1:erior walls shall be protected and have non\cornbustable
~~terior on walls facing property lines. .
2.. Y alterations to these structures shall be In ~pliance

with Section 101.4 A. B. D. of the Standard Build~ng Code.
3 Existing wiring may be used provided it is checkedtby a

licensed electrician and certified by the electri~
inspector to be safe from overloads and defects.
Alterations, repairs, and additional wiring must meet dthe
requirements of the latest Edition of National Electrical
~de and Cityvs Electrical Ordinance.
SECl'ION4. COMMERCIAL
BUILDING
IN ZONESC-2 ANDC-3.
Cornmerci~ buildings constructed in C-2 or C-3 zonesiwith a side

yard set back <pf less than 10 feet must meet the standards of
construction requi red in the C-l (Fire District) zone. .?YPe VI
structure of Less then 15 feet side yard set back shall .require one
hour fire protection throughout.
SECl'ION5" Sf¥)KEDETECIORS
IN EXISTINGSTRUCIURES
,e
In existing url~ts within an apartment house, c~hdominium,

townhouse and every guest room in a motel or hotel,i every sleeping
room in dormitories apd every basement or cellar "thin such existing
buildings shall be prtrided with an approved lis smoke detector as
required for new construction. This requirement ill be complied with
by January 1, 1984..
SECI'ION6,. CERTIFICATE
OF ocaJPANCY
..
The owner of a new capmercial structure"fishall apply for a

certificate of occupancy P:r:-iorto commencing'business. If there is a
change of occupancy of a coffIrnercial struct~e, the new owner shall
apply for a Certificate of oycupancy priori to commencingbusiness.
The official issuing the Cert~ficate of O~cupancy will insure
compliance with Section 109 of the Standq!rd Building Code.
SECl'ION7" ORGANIZATION
OF FIRE.PREVEN'I1ON
BUREAU.
A. There is hereby establisped ? bureau of the Fire Department

to be called the Fire Prevention Bur~~m. The person in charge of the
Bureau shall be known as the Fire~!ficial as defined in Chapter V,
Section 5.02 of the Standard Fire Pjfevention Code. Functions of the
Bureau shall be as in Chapter I, S¢¢tion 1.05 of the Standard Fire
Prevention Code.
SECI'ION8.. VIOlATIONS
ANDPENALT.IES
..
My person, firm, corporatd.on or agent who violates any provfsaon

of this Ordinance shall be gu~lI.ty of a m~sdemeanor and shall, upon
conviction, pay a fine of not/less than ~n Dollars ($10.00) nor more
than One Hundred Dollars ($1~0.00) for each violation.
i
SECI'ION9.. SAVING
CLAUSE.
jt
Nothing in this orditance shall be constxued to effect any suit

or proceeding now pendinsif in any Court, any rights acquired, or
liabilities incurred, ngr cause of action accr~ed or existing under
any Ordinance repealed Jlereby, nor shall any rfght or remedy of any
character be lost, ~red, or affected by this! Ordinance.
SECI'ION10" SEVERABIDITY.
J
The invalidity/of any section or provi.aion of'it;his Ordinance or

the Codes hereby ~~opted shall not invalidate any other section or
proviSion of this/Ordinance or of the Codes.
/'
ff
SECI'ION11. REPE)ALER.
l
All Ordi~ces or parts of Ordinances which are inqansistant

herewith are Hereby repealed. Ordinance No. 626 is specificaly
repealed.
SECI'ION12.. EMERGENCY
CLAUSE.
'!here is an' ediate need to bring currenp the regulations
providing for the tection of dwellings, strlft:tures and businesses
&
fran fire hazard. ~erefore, an emergencyiSlhereby declared to

exist, and this Ordi~ce being necessary for;:;the preservation of the
public safety, proper" and welfare, shall in full force and effect
fran and after its pas ge and publication
1983.
Pierce, Mayor
A'ITEST:
£2~~
ConnieHouse, City Clerk .II
:f
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NO. n2.
ORDINANCE
AN QRDINANCE R&;OLATINGTHEERECTION,OONSTRUcrION,
~EMENT, ALTERATION,REPAIR, MOVING,REMOVAL,
~ION, DEMOLITION,OCCUPANCY, EQUIPMENT,USE,
BEIG AREA,ANDMAINTENANCE OF BUILDINGSSTRUCIURES
IN THE ITY OF MOLwmINHOME,ARKANSAAS; COMMONLY
CALLED "BUILDINGCODEII; PROVIDINGFORTHE ISSUANCE
OF P ...ANDCOLLEcrIONOF FEES THEREFOR; DECLARING
ANDES'mBDlS"J:iING
A FIRE DISTRIcr; PROVIDINGPENALr.ItES
FORTHEVIOJ;ATIONTHEREOF,ANDREPEALING ALL ORDINANCES
ANDPARTS ORDINANCES IN CONFLIcr THEREWITH; DijlCLARING
ANEMERGENCY FOROI'HERPURPOSES.
WHEREAS,in order to maintain fire insurance qitings for the City

and the inhabi tants ~ereof; and
WHEREAS,in order to establish minimum construction standards for

construction in the Ci ; and
WHEREAS,to upgrade d up-date the Buildifig Code of the City to

the most recent applicabl standard code pranuJEgated by the Southern
StanClard Building Code Con ssr
BE IT ORDAINED by the Council of tile City of Mountain Bome,

Arkansas as follows:
SEmON 1.. AOOPTION

OF BUILDING
The Standard Building Code. 82 Edition as amended and revised

in 1983 published by the Southern uildiJ'ig Code Congress
International, Inc., Birmingham, AI r is hereby adopted by
reference therto and incorporated h r verbatim, word for word as
if set out in full, including all a . ces thereto unless
hereinafter specifically deleted, by City of Mountain Hane,
Arkansas and is hereafter known as uilding Code". The standard
Fire Prevention Code, 1982 Edition nded and revised in 1983,
published by the Southern Building ngress International,
Birmingham, Alabama is hereby ado ference thereto and
incorporated herein, verbatim, wo , except as specifically
modified by this Ordinance.
SEGrION2 II ESTABLISHMENT
OF F~! DISTRIcrS
Appendix "Gil of the BuilC4fhg Code is deleted and inserted

therefor, the following: !
A. All areas of the City naw or hereafter Commercial C-l shall be
known as the Fire D~strict.
SECl.'ION3" CONVERSION
OF RE~IDENTIALSTRUCI'URES
IN OUTOF FIRE DISTRIcr
A. Existing residen al structures

.e of 'IYPe VI struction .in
or .mIt of the Fire Distr' may be converted for non- rdous
commercial uses provided e following rules set out he after are
adhered to ca:npletely without exception.
1. es with a set back of less than feet fran

exterior wal shall be protected and have non-e stable
exterior on alls facing property lines.
2. Any altera ons to these structures shall be in canpl'

with Secti/ n 101. 4 A.B.D. of the standard Building
If
3. Existing ;!wiring may be used provided it is checked by a
licensed' electrician and certified by the electrical
inspector to be safe fran overloads and defects.
Alterations, repairs, and additional wiring must meet the
requirements of the latest Edition of National Electrical
Code and City's Electrical Ordinance.
SECI'IQl\f
4.. (x)MMERCIAL
BUILDING
IN Z0NES-2or C-3
Comiqercial buildings constructed in C-2 or C-3 zones th a side

yard set l!{ackof less than 10 feet must meet the standar of
constructiE?n required in the C-l (Fire District) zone.• VI
stiructureabf less than 15 feet side yard set back shal require one
hour fire prQtection throughout.
Section 5" AMEI:lIDMENTS,

INSERTIONS
ANDDELETIONS.
1. Appendi~ D. of the Building Code is hereby
2.. ApPendix of the Building Code is herebv amendedas set out

in Secti 7, "Fees" hereinafter.
3.. Appendix M ap set out de is amended to read

as follows:
1. RmULA'IO~FLOOD PLAIN- area of the flood plain identified

on the of~icial flood plai map dated September, 1982, along
with the er-surface pr ile of the Base Flood Elevation.
2. 3.0 (a) is hereby deleted and inserted

"'rbe lowest structural memberof the
basements, shall be located at least one
ood Elevation in the following buildings:" .•
SECTION OF ocora
6. CERTIFICATE
The owner of a new commerci tructure shall apply for a

certificate of occupancy prior t encing business. If there is a
change of occupancy of a cornmer al ructure, the new owner shall
apply for a Certificate of Occ cy Lor to commencingbusiness.
The official issuing the Cer . icate of!;Occupancy will insure
compliance with Section 109 the stan~rd Building Code.
SECTION
7,. FEES.
A. The fees provid for in Appendix ~~n of the Building Code shalL be
reduced by nn,:>-ri~ f of the amount stated therein.
B. The fee for appeal as set out in SiEjpsection112.1 (a) shall be

$20.00 and s 1 be paid to the City CJ;,erkfor deposit in the
General Fun
SECTION
8" (x)MPLIME~\RY
CLAUSE.
of the various Codes adopted by

regulating const ction and occupancy of buildings
t limited to, the Building Code, .l.aX.!iOoIioW~~~~
Plumbing Code, shall be complimentary
other, In th event that a provision of one conflicts
provision of other, the more stringent shall prevail.
Any raon; firm or corporation which fails to obtain a

require the Building Code prior to commencementof constr
shall penalized as set out in Article 107.2 entitled "Fail
Obtai Permit" and for other violations of the Building Code
be ty of a misdemeanor as set out in Section 114 entitled
"Vi tions and Penalties" and shall upon conviction pay a fine not
less than Fifty Dollars ($50.00) nor more than One Hundred "-'V •••••••••• "' • .;;>
($100.00) for each violation.

.Io2ldl~~...-..:Il...L SAVING a.AIJSE
··~othingin this Ordinanceor in the Codeherein adopted sh~l be

constJ:i;~ed
to effect any suitor proceedingnowpending in any;;Court,
any rig~ts acquired, or liablity incurred, nor cause or causes of
action a~cruedor existing, under any Act or Ordinancerepe' ed
hereby..N$:;rshall any right or remedyof any character be ost,
impaired, affected by this Ordinance.
$ECI'ION 11 .•
The invalid~ty of any section or provision ordinance or

of the Codehere~ adopted shall not invalidate other sections or
provisions of this;\\prdinanceor of the said
SECI'IQN 12. REPEALER ...
Except as set out reinbefore in S 4 entitled

"Complimentary Clause" Ordinancesor rts of Ordinancesin force
at the time that this Ordi'.•iI,Cl.uce
takes e···ect and inconsistent
therewith, are repealed, Ordinancel'629 is hereby repealed.
SEC1'IQN 13., EMERGENCYa.AIJSE
Building and construction . structures within the City are of

vital significance to the econ citizens of the City, and
maintenanceof the City's fir! insu ce rating will be enhancedby
standardized regulation of bUilding construction. Therefore, an
emergencyis hereby dec:~ to exist d this ordinanceshall be
effective fran and aftej',,-ts passage an ubI i cation.
PASSED AND AP~

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THIS 14TH DAY 0 s. 1983 •.
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ATI'EST: .l
ORDINANCE
NO. 733
ANORDINANCE VACATING
A UTILITYEASEMENT
IN DR.IE"ll'ifOOD
LAKESUBDIVISION
..
WHEREAS,a hearing on abandonment of a 12-foot utili q easement

on the North side of Lot #29, designated on the plat of Driftwood Lake
Subdivision owned by Fred and Marilyn Olsen, appearing on Slide #672
in the office of the County Clerk of Baxter County, and located within
the Ciq of Mountain HomePlanning Jurisdiction, was held by the Ciq
Planning Commission at its meeting held on May 23, 1983; and
WHEREAS,the Ciq Planning Commission passed a motion

recommending abandonment of said easement at their meeting held on May
23, 1983; and
WHEREAS,in accordance with the 1980 Subdivision Regulations,

Article 1-6 Vacation of Plats, and Article 1-4 Jurisdiction and
Application, Mayor Pierce prevailed upon Mr. Olsen to come before the
Ciq Council for its decision whether to abandon said utiliq
easement; and
WHEREAS,after due notices as required by law 1 the Council has,

at the time and place mentioned on the notice, heard all persons
desiring to be heard on the question and has ascertained that the
utiliq easement hereinbefore described has heretofore been dedicated
to the public use as a utiliq easement; and that the City Water and
Sewer Department, North Arkansas Electric Cooperative, Mountain Home
Telephone Company, and Arkansas Western Gas have filed their written
consent to such abandonment; and that public interest and welfare will
not be adversely affected by the abandonment of such easement.
NC\i\f
8' THEREFORE,
BE IT ORDAINED
BYTHECITYCOUNCIL
OF THECITYOF
MOUNTAINHOME,ARKANSAS:
Section 1,. The Ciq of Mountain Home, Arkansas, hereby

releases, vacates and abandons all its rights, together with the
rights of the public generally, in and to the easement designated as
follows:
The 12-foot easement on the North side of Lot No. 29,

plat of Driftwood Lake Subdivision, appearing of record on
Slide No.. 672, in the office of the County Clerk of Baxter
County, Arkansas.
Section 2... A copy of the ordinance duly certified by the Ciq

Clerk of Mountain Home, Arkansas, shall be filed in the office of the
County Clerk of Baxter County and recorded in the deed records of the
County..
Section 3 iii This ordinance shall be in full force and effect

PASSED
AND APPROVED
THIS 14THDAYOF JULY, 1983..
ATI'EST:
Connie House, ciq Clerk

ORDINANCE
NO. 734

NO. 296 AS AMENDED, WITHREFERENCE TO
ZONING WITHINTHECITY-LIMITS OF THE
CITYOF MOUNTAIN HOME,ARKANSAS,
RELATIVE'IO - (RANGING AREAZONEDAS
RESIDENTIAL R-l- TO COMMERCIAL
C-2-.
WHEREAS, proper petition was filed by a property owner requesting

a map change in zoning; said petition was submitted to the Planning
Commission of the city of Mountain Home, Arkansas; notice of said
peti tion and public hearing thereon was published in a newspaper
having local circulation as required by Ordinance; a public hearing
was held and all remonstrances were heard, after which the Planning
Commission recommended the property described herein be rezoned.
THEREFORE,
BE IT ORDAINED
BY THECITY COUNCIL
OF MOUNTAIN
HOME,
ARKANSAS:
The following real property in Baxter COunty, Arkansas, be, and

is hereby changed in zoning from Residential R-l to commercial C-2.
That part of the sw 1/4 of NW" 1/4 of Section 10,

Beginning at the SWcorner of said forty and run thence East
15 feet on the line to the beginning point; run thence North
parallel to the section line 10 rods; thence run due East to
a large elm tree on the bank of the creek, and on East to
the center of the channel of said creek; thence run South
with the creek making the center of the channel the line to
the South line of the Pisek or R. J. Smith lands; thence run
West to the place of beginning; said lands being also
described as follows: A part of the SW1/4 NW" 1/4, Section
10, Township 19 North, Range 13 West, described as follows:
From the 1/4 corner between Sections 9 and 10 run North
along section line 67.2 feet to North right of way of State
Highway No.5 for the point of beginning; thence continue
North along section line 90 feet to fence line; thence North
88°35' 30" East along and in line with fence line 275 feet
to center of main channel to creek as it now exists; thence
South with center of said creek to North right of way of
highway i thence South 870 41 i 30" West 287 feet along
highway right of way to section line and the point of
beginning.
p~.sSEDTHIS 14THDAYOF JULY, 1983.
ATTEST:
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COnnie House, City Clerk/Treasurer
ORDINANCE
NO. 73 If:"
AN ORDINANCE WAIVThTGCDMPETITIVEBIDDING
FOR ENGINEERING SOPERVISIONANDINSPEcrION
ON DYERST. REQ)NsmucrION; PERMITTING
MAYOR 'IO CDNTRACr
WI'lH MIKEHUETI'FOR SAID
PROFESSIONAL SERVICES; CREATINGAN EMERGENCY
ANDFOR O'lHERroRPOSES.
WHEREAS, Mike Huett drew up plans and specifications for the Dyer
Street Reconstruction Project; and
WHEREAS, it is not feasible or practical to employ other

professional engineers to supervise the construction phase of said
project;
NCW,'lHEREFORE,BE IT ORDAINED
BY 'lHE CITY CDONCILOF 'lHE CITY OF
MOUN'J]\IN HOME,ARKANSAS:
Section l,. Authorization
Mayor Ronald E.. Pierce is hereby authorized to enter into a

contract with Mike Huett, Professional Engineer, for engineering
supervision and inspection of the Dyer Street Reconstruction Project
for a total of NINE 'lHOUSAND DOLLARS($9,000.00) plus direct job
related expenses as set out in contract documents dated July 20, 1983.
Section 2.. Emergency Clause
The City has contracted for the reconstruction of Dyer Street and
is ready to begin constructdorn engineering supervision and inspection
are essential on the part of the City during said construction thereby
serving the health, safety and welfare of its ci.trizensr therefore an
emergency is decl.ared to exist and this Ordinance shall be in full
PASSEDANDAPPROVED
'lHIS 28'lH DAYOF JULY, 1983.
A'ITEST:
L~gd
Connie House, City Clerk/Treasurer
ORDINANCE NO. 736
AN ORDINANCE AMENDING ORDINANCE NO.. 542

TO INO)RPORATE AGr 549 OF 1983 (OMNmUS
IJ.i\TI AGr) INTO THE CRIMINAL LAWS FOR
E CITY OF MOUNTAIN HOME, ARKANSAS;
aJUUNG IT AN· EMERGENCY AND FOR OTHER
TED PURPOSES.
BE IT ORDAINED THE CITY CDONCIL OF THE CITY OF MOUN'IMN HOME,

ARKANSAS:
Section I",
Section I of Ordinanc No. 542 is amendedto include Act 549 of
1983. This Act is knownas e "OmnibusWI Act" and becamelaw on
March21, 1983.
Section II",
This ordinance being necessa~o~r the preservation of the public

peace, health and safety and the orcement of punishmentagainst
violators of the peace of the City, emergencyis hereby declared to
exist, and the ordinance shall be in 1 force and effect fran and
after its passage and publication as required by law.
Pl\SSED AND l\PPROVE 'IRIS 28TH DAY OF~' 1983
~cPQ. - ---'"
RO d E. Pier\ Mayor
A'ITEST:
/)
U:~~<?gJ
/ \
ConnieHouse, City Clerk/Treasurer
ORDINANCE
NO. 737
ANORDINANCE AMENDINGORDINANCENO..296
wrm REFERENCE
AS ll-.MENDED, TO ZONING
wJ:'lHINmE CITYLIMITSOF THECITYOF
MOUNTAIN HOME,ARKANSAS, RELATIVE
TO
CIIANGINGAREAZONED·AS RESIDENTIAL
R-l
'IO COMMERCIALC-2.
WHEREAS, legal notice has been published in a newspaper having

local .circulation as required by Ordinance; a public hearing has been
held and all remonstrances heard, after which the Planning Commission
recommended the property described herein be rezoned:
THEREFORE,
BE IT ORDAINED
BY mE CITY CDUNCIL
OF MOUNTAIN
HOME,
ARKANSAS:
The following real property in Baxter County, Arkansas, be, and

is changed in zoning from Residential R-l to Commercial C-2:
Part of th SW1/4 l\W 1/4 of Section 3, T-19-N, R-13-W,

being more particularly described as follows: Starting at
the SWCorner of said SW 1/4 l\W 1/4, run North, 861.0 feet
to a point on the South line of Highway 62; thence run N.. 660
20mE., along said South line 166.4 feet to the NE Corner of
the "Eastgateil tract as shown by Warranty deed filed July
10, 1973 in Book 117 at page 194 of the records of Baxter
County, Arkansas, said point being the point of beginning
for the tract herein descrdbedr continue thence N.6~ 20'E •.,
along said South line of Highway, 325.6 feet to a point;
thence run N.76° 30·E., along said South line of Highway,
663•.2 feet to the NE Corner of the LeMac CompanyIf Inc.,
tract as shown by Warranty deed filed August 8, 1972, in
Book 107 at page 31 of the records of Baxter County,
Arkansas; thence run SelIC) 501E., 240 feet to the SE Corner
of the LeMac tract; thence run S.76() 30·W., 289.2 feet to
the SWCorner of the Ronald H. Lewis tract as shown by
Warranty deed filed September 9, 1971 in Book 97 at page 308
of the records of Baxter County, Arkansas; thence run N..00
35I1W•., 30.8 feet to the SE Corner of the Powell Cochran
tract as shown by Warranty deed filed January 24, 1958 in
Book 60 at page 50 of the records of Baxter County,
Arkansas; thence run in a Southwesterly direction, .parallel
to and 210 feet from the South line of Hwy'. 62, to the SE
Corner of the aforesaid IIEastgate" tract~ thence run N.13°
57 uW., along the East line of said "Eastgate" tract, 205 .•7
feet to the point of beginning ..
The property is generally described as eight (8) lots located on

Highway 62 East starting at "Eastgate" tract on the corner of Cardinal
Drive and Highway 62 and running Northeast along Highway 62 to include
LeMacReal Estate Office.
PASSEDANDAPPROVED
THIS 28'lH DAYOF JULY8' 1983.•
~Co~'
... ~~~
~ce,Mayor
A'lTEST:
6!~sL~
ORDINANCENO. 738
AN ORDINANCE FIXING AND ESTABLISHING

THE MOUNT OF LICENSE AND PERMIT FEES
AND FRANaIISE TAXES DUE '!HE CITY OF
MOUN'mIN HOMEFROM DIAL-A-RIDE TAXI
SERVICE; GRANTING AN EXa..USIVE FRANaIISE
FOR TAXICAB SERVICE; ACCEPrING SUCH
PAYMENTIN LIEU OF ALL TAXES·EXCEPrING
AD VALOREMTAXATION, SPECIAL MILLAGE
AND IMPROVEMENTTAXES, AND MUNICIPAL
AmOMOBILE FEES, TAXES AND LICENSES,
AND AU'IHORIZING RATE SCHEDULES OR
TARIFFS FOR TAXICAB SERVICE; REQUIRING
LIABILITY INSURANCE AND IMroSING O'IHER
CONDITIONS; REPEALING ORDINANCENO;. 608;
DEa..ARING AN EMERGENCYAND FOR 0'1HER
PURPOSES~
WHEREAS, the health, safety and welfare of the citizens of the

community will be served by having available to it taxi service since
many elderly persons dependupon this service as their only meansof
transportation to acquire the commonnecessi ties of life and for
medical treatment; and
WHEREAS,
OrdinanceNo. 608 needs to be repealed:
NOW, 'lHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOUNTAIN

HOME, ARKANSAS:
Section 1. Exclusive Right

Dial-a-Ride Taxi Service is hereby granted an exclusive franchise
for the operation of a taxicab service within the corporate limits of
the City of MountainHome I' Arkansas.
Section 2.. Franchise Fee

Dial-a-Ride Taxi Service shall p:1yfor the exclusive franchise
granted in Seeton 1 the following franchise fees:
First Automobilein Use $20.00 per year
SecondAutomobilein Use $15•.00 per year
EachAdditional Automobile
in Use $10.00 per year
,{ Section 3.. Term

The duration of this exclusive franchise and grant shall be for a
period of five (5) years commencing August 11, 1983.
-/I- Section 4.. Permitted Rates and Tariffs-Maxiro.um
1. The franchisee shall not charge more than the following fees,
rates or tariffs:
A. $1.50 for operation in first zone plus $1.00 each for

operation in each additional zone.
B. Outside City Limits: $1.50 to start and thereafter $1.00
per mile.
2. The City Council has determined the rates or tariffs
permi.t.tedmaybe increased by the franchisee uponhis showing
that increased cost of operation has prohibited a fair profit
derived fran his operation of such franchise.
OrdinanceAwardingTaxicab Franchise Page 2
Section 5.. Establishment of Zones
The areas delineated on the mapattached to and made a part of

this Ordinance by reference thereto shall be the zones for which the
fees, tariffs and rates as set forth hereinabove in Section 4 shall be
applicable.
Section 6.. Hours of Operation
The franchisee shall operate and maintain the service on a

seven-day, twelve-hour period basis ..
Section 7.. Special Services
The franchisee will provide service to the Mountain Home

Municipal Airport on a seven-day-per-weekbasis, special call. The
franchisee shall provide service to citizens and residents of Mountain
Home, Arkansas, preferentially to other acconts which maybe services
by the franchisee.
Section 8.. Communication

Licenses
The franchisee shall maintain Federal CommunicationsCommission

licensed two-way radio system for the dispatch of its vehicle within
the zones and to the locations it services.
Section 9.. Liabili ty Insurance
The franchisee shall procure and maintain in continuous force and

effect liability insurance upon its vehicles and equipnent in a sumof
not less than ONEHUNDRED THOUSANDDOLIJl...RS
($100,000..00) per person
for bodily injury liability, 'IHREEHUNDRED THOUSAND DOLlARS
($300,000..00) per occurance for bodily injury.. FIFTY THOUSAND
($50,000.00) for uninsured motorist coverage and shall provide a copy
of such policy to the City Clerk.
Section 10.. safety
The franchisee shall keep all vehicles operated by it in a safe,

serviceable condition for the safety and protection of the citizens
and inhabitants of the City to whomthis service is being furnished ..
Failure of the franchisee to provide such equipnent shall be cause for
tennination of this franchise grant byethe City as hereinafter set
out.
Section 11. Notice-Hearing-Termination
The City mayterminate this franchise grant due to the failure of

the franchisee to provide safe equipnent as required in Section 10
hereinabove and for failure to perform pursuant to aI¥ section of this
ordinance after reasonable notice to the franchisee and an opportunity
for hearing, if desired ..
Any person, firm, partnership, or corporation operating a

taxicab, automobile for hire, or other similar service in conflict
with the grant of this franchise, shall be unlawful and for the
operation of such without a franchise shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in a sumof
not less than ONEHUNDRED DO~..RS($100.00) nor more than FIVEHUNDRED
DOLLARS ($500.00) and each day of operation shall be deemeda separate
and distinct offense.
Section 13. Other Taxes

The service furnished the City by the franchisee and the payment
OrdinanceAwardingTaxicab Franchise Page 3
of the fees set out hereinbefore in Section 2 for the exclusive grant
herein, and privilege hereof, shall be in lieu of all other licenses,
charges, fees, inp:>sitions of taxes (other than autanobile license
fees, special millage taxes, Improvement;district taxes,. and general
ad valorem taxes) charged or inposed or levied by the City of Mountain
Hane, Arkansas.'
Section 14. IndependentContractor
Nothing in this Ordinance shall be construed as giving or making

the franchisee herein an agent, servant or employee of the City of
MountainHane, Arkansas.
Section 15. Severabili ty Clause
The provisions of this Ordinanceshall be severable.
Section 16. Unconstitutionality Clause
The invalidity, unenforceability, unconstitutionality of any

clause, phrase, sentence or pa.rt thereof of any section or provision
of this Ordinanceshall not invalidate any other section or provision
of this Ordinance.
All ordinances or pa.rts of ordinances in conflict and

inconsistent herewith are hereby repealed, and OrdinanceNo. 608 is
repealed in its entirety.
In order to provide a necessary and essential service to the

citizens and residents of the City, and to eliminate transportation
hardships suffered by residents of the City, an emergency is hereby
declared to exist and this Ordinanceshall be in full force and effect
fran and after is pa.ssage.
PASSED
AND ll..PPROVED THIS11THDAY OFAUGUST,
1983.
ATI'EST:
ORDINANCE NO. 739
AN ORDINANCE A'1ENDING ORDINANCE NO. 296

'10 INCLUDE PLANNED UNIT DEVEwPMENT IN
THE CITYi.SZONING ORDINANCE; DECLARING
AN EMERGENCY AND FOR O'IHER PURPOSES •.
WHEREAS, a public hearing has been conducted by the City Planning

Commissionand remonstrances have been heard and recorded; and
WHEREAS, the Planning Commissionhas recommended by a motion

passed at its regularly-scheduled meeting held on June 27, 1983, that
the Planned Unit Developnent as revised May9, 1983, be approved and
referred to the City Council for inclusion in the ZoningOrdinance as
Chapter 3A; now
BE IT ORDAINED BY THE CITY' COUNCil. OF THE CITY OF MOUNTAIN HOME,
ARKANSAS:
Section 1.. Planned Unit Developnent is hereby included in the

City is Zo:ningOrdinance as Chapter 3A.
Section 2J!! EmergencyClause
Planned Unit Developnents (PODs)are presently being built in the

City Limits of MountainHome;therefore, an emergencyis declared to
exist and this ordinance shall be in full force and effect from and
after its passage..
PASSED AND APPROVED THIS 25m DAY OF AUGUST, 1983.
ATI'EST:
ConnieHouse, City' Clerk/Treasurer

ORDINANCE
NO. 740
ORDINANCE NO. 740 AMENDING ORDINANCENO.

296 AS AMENDED, vIT'I'HREFERENCE'ID
ZONING WITfIINTfIE CITY LDP.ITSOF THE
CITY OF MOUNTAIN HOME,ARKANSAS,
RELATIVE'ID ClJANGING AREAZONED AS
RESIDENTIAL R-l & R-2 & COMMERCIAL
C-2 'IO INDUSTRIAL I-I.
WHEREAS, proper petition was filed by a property owner requesting

a map change in zoning; said petition was submitted to the Planning
Commission of the City of Mountain Home, Arkansas; notice of said
peti tion and public hearing thereon was published in a newspaper
having local circulation as required by Ordinance; a public hearing
was held and all reonstrances were heard, after which the Planning
Commission recommended the property described herein be rezoned.
TfIEREFORE,
BE IT ORDAINED
BY TfIE CITY CDUNCIL
OF MOUNTAIN
HOME,
ARKANSAS:
The following real property in Baxter County. Arkansas, be, and

is hereby changed in zoning from Residential R-l and R-2 and
Commercial C-2 to Industrial I-I:
A part of the NEl/4 SWl/4 and part of the NWl/4 SEl/4

of Section 16, 'J.\-l9-N- R-13-W, Baxter County, Arkansas,
Conmenci.nq at the NW corner SWl/4 NEl/4 of said Section

16, 'J.\-l9-N, R-13-W, thence S 38°03' E, 63.31 feett thence S
8°58' W, 253.70 feet; thence S 26°021 W, 178.31 feet; thence
S 35°53' W, 135.23 feet; thence S 43°131 W, 163.84 feet;
thence S 46°26' W, 258.82 feet; thence S 4°40' W, 562.69
feet to the true point of beginning;
thence continuing S 4°40 I W, 491.6 feet; thence S 890

10' E, 157.3 feet; thence S 1°38' W, 500.0 feet; thence S 89°
10· E, 437.7 feet; thence N 4°40' E, 1002.8 feet; thence S
89°54 I W, 622.3 feet to the true point of beginning,
WHEREAS, the City is encouraging industry and commerce and the

owner is ready to begin construction and the welfare of the citizens
of Mountain Homewould be served; therefore, an emergency is hereby
declared to exist and this Ordinance shall be in full force and effect
PASSEDTfIIS 25TfI DAY OF AUGUST,1983.
~2.~dE: Pierce, Mayor
ATTEST:
y
\
ORDINANCENO. 741
AN ORDINANCE WAIVINGCOMPETITIVEBIDDING
rn CONTRACl'CHANGEORDERNO. 1 DYER
If
STREETRECONSTRUCI'Irn~PERMITTINGMAYOR
'IO INCREASEAMJUNTOF CONTRACl'WITH ALLEN
ENGINEERING~ CREATING AN.EMERGENCY
AND
FOR O'IHERPORPOSES•.
WHEREAS,City has deemed it wise to increase by 2-inches the base

thickness on Dyer Street Reconstruction; and
WHEREAS,the amount of the Contract Change Order is more than the

Mayor E s purchasing power ~
NaN, 'ffiEREFORE, BE IT ORDAINEDBY '!HE CITY COUNCil.OF '!HE CITY OF

MOUNTAIN HOME,ARKANSAS:
Section 1,. Authorization
Mayor Ronald E. Pierce is hereby authorized to increase the

contract amount for Reconstruction of Dyer Street by EIGHT '!HOUSAND
FIVE HUNDRED ANDNINETY-'lWODOLLARS($8,592.00) according to Chanqe
Order No. 1.
The City has contracted for the reconstruction of Dyer Street and
Allen Engineering has begun construction; therefore and emergency is
hereby declared to exist and this Ordinance shall be in full force and
effect fran and after its approval and passage .•
PASSEDANDAPPROVED'!HIS 25'!H DAYOF AUGUST, 1983.
G:r~Ci?LA
~d E. Pierce, Mayor
A'ITEST:
y[!y[!/ ~
~/C'~/
>./.' -

ORDn-mNCENO. 742
AN ORDTh"TANCEWAIVING(DMPETITIVE BIDDING
FOR REPAIR OF ·DAMAGE TO MOUNTAIN·
HOME
'IWO MILLION GALLON S'IDRAGETANK.
WHEREAS,Wade Construction Company, Inc., was the original

contractor on the Water Storage Tank construction; and
WHEREAS,it is not feasible or practical to employ another

construction company;
NCW, 'IHEREFORE,BE IT ORDAINEDBY THE CITY (DUNCIL OF THE CITY OF

~1OUNTAIN
HOME,ARKANSAS:
Mayor Ronald E. Pierce is hereby authorized to enter into a

contract with Wade Construction Co; , Inc; , for repairs to the Mountain
Home storage tank for the total of THIRTY-FOURTHOUSAND 'IWO HUNDRED
DOLLARS($34,200.00).
Work must commence as soon as possible to prevent further damage

of the paint work. If repai rs are not made prior to winter weather,
there is a risk of additional damage; therefore an emergency is
declared to exist and this ordinance shall be in full force and effect
after its passaqe,
PASSEDAND APPROVED THIS 22ND DAYOF SEPTEMBER,1983.
ATI'EST:
~.u~~ae ""
ORDINANCE
NO. 743
AN ORDINANCE
WAIVING'mE REQUIREMENTS
OF COMPETITIVE
BIDDrnGONRJRCEASEOF
POLEDECDRATIONSFORCHRISTMAS SEASON.
WHEREAS,a Committee was appointed consisting of two aldermen, a

volunteer citizen, and the Street Superintendent to select Christmas
decorations for City streets; and
WHEREAS,an advertisement for proposals was published twice in a

newspaper of general circulation in the County; and
WHEREAS,out-of-state suppliers were contacted for catalogs and

prices; and
WHEREAS,it is not feasible or practical to re-advert.Ises
NCW,'lHEREFORE,BE IT ORDAINED
BY '!HE CITY CDUNCIL
OF '!HE CITY OF
MCXJN'Iro:N HOME,ARKANSAS:
Section L Authorization
The Mayor is hereby authorized to enter into a contract with

Display Sales, Inc., of Minneapolis, Minnesota, for pole decorations
as itemized on September 20, 1983, quotation in the amount of EIGHT
'!HOUSAND 'IWOHUlIiDREDFIFTY DOLLARS ANDNO CENTS($8,250.00) more or
less but not more than the amount appropriated in the 1983 Budget.
The order for Christmas decorations for City streets must be sent
in immediately if delivery is to be expected in time for the Chrf.stmas
season; therefore, an emergency is declared to exist and this
Ordinance shall be in full force and effect fran and after its
passage .•
PASSEDANDAPPROVED
'!HIS l3'!H DAY OF OCIOBER,1983 .•
ATl'EST:
~c4gd
ORDINANCE
NO. 744
AN ORDINANCE WAIVING'!HE REQUIREMENTSOF

o)MPETITIVEBIDDING; AImIORIZINGTHE
MAYOR 'IO o)NTRACl'FOR REPAIRS'IO THE
WATER DEPAR'IMENT'S OODGEPICKUP; AND
FOR O'IHERPURPOSES.
WHEREAS,repairs to the Water Department I s Dodge Pickup will cost

more than the Mayor is authorized to spend; and
~, Norcross Ford has submitted the lowest of three

estimates for repairs to said pickup; and
~, it is not feasible or practical to advertise for bids;
N<l'f, THEREFORE,BE IT ORDAINED

BY '!HE CITY o)ONCIL OF '!HE CITY OF
r.iOtlN'mINHOME,ARKANSAS:
Section 1 It Authorization
The Mayor is hereby authorized to enter into a contract with

Norcross Ford in the amount of '!WOTHOUSAND THREEHUNDRED FORTY-FIVE
OOLLARS ANDSIXTY-GNECENTS ($2,345.61) for repairs to the Water
Department I s Dodge Pickup.
The Water Department has been unable to use its Dodge pickup for
some time due to accidental damage, and the sooner it is put in
service the better the public welfare will be served; therefore an
emergency is declared to exist and this Ordinance shall be in full
PASSEDANDAPPROVED
THIS 13TH DAYOF OCI'OBER,1983.
A'ITEST:
~~

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Ordinances

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ORDINANCE NO.

Hieit ordained by the councd.Lof the incorporated to•.•

Sec. 3.. He shall construct such newside-walks as the council by resolution

Sec..... Anyperson rufU8:.mgFto colripry,or violating any of the proVJisions;

B:eit ordained by the couned.L'ofthe incorporated town of MountainHome,

Sece I It shall be the duty of all persons owningproperty adjacent to the

Sec. 4. Said side-walks shall be built of such material as a majority of

He it ordained by the council of the incorporated town of MountainHome"

An ordinance to amendSec. , of Ordinance No•• 7

Be it ordained by the council of the incorporated town of MountainHome,

Sec. 1.. Anyperson notified to work on the public higmJl/"ays,

J:. B. Simpson, Mayor

He it ordained by the Council of the incorporated town of MountainHome;

Sec. 5. It shall be the duty of the Recorder of the Incorporated Townof

Be it ordained by the Council of the incorporated t01tffiof MountainHome,

Sec. e. It is further provided that the Inter-State TelephoneCompany,its

& it ordained by the Council of the Incorporated !won of Mountain

An or-dtaance entitled an ordinance authorizing the construction, maintenance

Sec" 3. Said Grantees, their successors or assigns, shall not const.ruct, or

Sec" 7.. It is further provided that the MountainHomeElectric Company,its

the inhabitants of MountainHomea good and reasonable service, according to the

Be it ordained by the Council of the Incorporated Townof MountainHome,

Sec. 3.. It shall be the'duty of said Mars:bAllimmediately upon the taking up of

First published March 21, 1'2' NTo C.

it enacted by the town Council for the Incorpcrat.ed TO;;ffi

Sec••30 No. poles, wires or other appurtenances shall be placed or located so

Sec.•• e It is required that the 'lfeLephoneCompany shall at all times faith-

On each sleight of hand show .5....

See'" 3.. Peddler or hawkerdefined:

Sec•. 5. Befor-eany person shall be authorized to exercise either of the priv.--

Sec. 7. All ordinances in conflict herewith are hereby repealed.

An OrdiBanceregulating the operation of i1el".icleson the Public Streets '.

Be it ordained by the Couneil of the Incorporated Townof Mountain Home

Sec" 1.. It is hereby declared a nuisance to run an automobile, jitney» jitney

Sece 3. Noperson shall park a motor vehicle or permit it to stand, whettJ,er,

Sec" 4" It is hereby en~cted by the Incorporated Townof Mountainffome,~rkansasJ

N"otice is hereby given that The Incorporated Townof Mountain Horne,Ark-

.~... iepe.~\ed b-J O~<.!. 6. (,33

_ Whereas, The Incorporateri Townof Mountain Home, Arkansas, (hereinafter

Whereas, the TownCouncil of said 1I[O\ffi

Whereas, such plans provide for a complete waterworks ~yste., consisting

Section 1. That the estimated cost of the constrQction of said waterworks

Sec. 4. None of the facilities or service afforded by the System shall be

'Sec. ,. Nothing herein shall be construed in such manner as preventing the

SeCo 20.. All ordinances or parts of ordianaces in conflict herewith are

Attest: LLOYD FISK

On motion and unanimous vote the meeting adjourned, LLOYD

. Be it ordained by the Council of the Incorporated Tow"tl of Mountain Home,

Be it ordained and enacted by the °t dl

Sec e 1. That. it sh~ll be, and is hereby' declared to be unlawful :for an

Sec. 4. All persons who now have canopies or sheds, as described in

Sec. 5. If the owner of said canopy or shed, as set forth in Section 4,

Sec. ,. If any pr0V1S10ns of this ordinance or the application of such prO-

Sec .•7.. All ordinances" or parts of ordinances in conflict herewith,

Hugh Hackler, Mayor

lfbtice is hereby given that an election will be held in the Incorporated

An ordinance ra~sing the classification of the Incorporated Townoff

Be it ordained and enacted by the Town Counail of the Incorporated Town

Sec~ 1. Thatcthe classification of the 'Incorporated Townof Mountain Home,

Sec .• 4. It is ascertained and hereby declared that by reason of the

Be it ordained by the City Council of the City of Mountain Ho"ne, Arkansas.

Sec. 1. It shall be unlawful for any person to park a motor vehicle or to

Sec. 2. Any person violating the pr-ova.aaons of this ordinance shall be