Ashley County Election Commission
Proclamation And Designation Of Polling Locations
WHEREAS, the Ashley County Election Commission does hereby call the General Election to be held on November 6, 2018, in Ashley County, Arkansas, for the purpose of voting on proposed constitutional amendments and for the purpose of electing candidates for the offices specified below, and
WHEREAS, the Ashley County Election Commission does hereby call a Special Election for the purpose of submitting to the electors of the City of Wilmot the question of approving and levy of a one percent sales and use tax within the City of Wilmot;
WHEREAS, the Ashley County Election Commission of Ashley County, Arkansas, is required by law to issue a proclamation setting for the voting centers for said General Election and Special Election and to notify the qualified voters of the county of the matters to be presented on the ballot for their consideration:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
1. That there will be a November General Election and a Special Election for a one percent sales and use tax within the City of Wilmot November 6, 2018.
2. That the polling places for said General Election and Special Election in said county will be as follows:
A. The voting center for the voting precincts of Crossett Ward 1, Ward 2, and Ward 3 will be the First Baptist Church MMC Building.
B. The voting center for the voting precincts of North Crossett East, North Crossett West and Vo-Tech will be the Mt. Olive Church.
C. The voting center for the precincts of West Crossett Rural and Cooter will be the Beulahland Assembly of God Church.
D. The voting center for the voting precinct of Hickory Grove will be the South Main Baptist Church.
E. The voting center for the voting precincts of Hamburg Ward I, II & III, Hamburg Rural, Beech Creek, Mt. Zion and Mist will be the Hamburg First United Methodist Church Fellowship Hall.
F. The voting center for the precincts of Crossroads and Milo will be Trinity Freewill Baptist Church.
G. The voting center for the precincts of Fountain Hill City & Rural will be the Fountain Hill United Methodist Church.
H. The voting center for the voting precincts of Montrose City & Rural, Boydell and Snyder/Trafalgar will be the Montrose Senior Center.
I. The voting center for the precincts of Parkdale City & Rural will be Parkdale City Hall.
L. The voting center for the precincts Portland City & Rural will be the Portland Community Center.
M. The voting center for the precincts of Wilmot City & Rural will be the Wilmot Community Center aka Wilmot Elementary School.
N. Early Voting will be held at the Ashley County Clerk’s Office at the Ashley County Courthouse and the Crossett Economic Development building AKA the old Crossett Library.
3. That the ELECTION DAY voting will be held from 7:30 a.m. to 7:30 p.m. The location of the opening, processing, canvassing and counting of absentee ballots will be the Ashley County Courthouse. The opening and processing will begin at 5:00 p.m.
EARLY VOTING will begin at the office of the Ashley County Clerk, Hamburg and the Crossett Economic Development building beginning Monday, October 22, 2018 through Friday, October 26, 2018, from 8:00 a.m. to 6:00 p.m.; Saturday, October 27, 2018 from 10:00 a.m. to 4:00 p.m.; Monday, October 29, 2018 through Friday, November 2nd, 2018 from 8:00 a.m. to 6:00 p.m.; Saturday, November 3, 2018 from 10:00 a.m. to 4:00 p.m.; and on Monday, November 5, 2018 from 8:00 a.m. to 5:00 p.m.
4. The offices and candidates for office to appear on the General Election ballot are as follows:
Us Congress District 04
Hayden Catherine Shamel Democrat
Tom Canada Libertarian
Representative Bruce Westerman Republican
Jared K Henderson Democrat
Mark West Libertarian Governor Asa Hutchinson Republican
Anthony Bland Democrat
Frank Gilbert Libertarian
Lt Governor Republican
Attorney General Mike Lee Democrat
Kerry Hicks Libertarian
Attorney General Leslie Rutledge Republican
Secretary Of State
Susan Inman Democrat
Christopher Olson Libertarian
John Thurston Commissioner Of Republican
Ashley Ewald Libertarian
Treasurer Of State Dennis Mulligan Republican
Auditor Of State
David E Dinwiddie Libertarian
Auditor Andrea Lea Republican
Commissioner Of State Lands
Larry Williams Democrat
T J Campbell Libertarian
Tommy Land Republican State Representative District 11
Don Glover Democrat
Representative Mark Mcelroy Independent
Ricky E Lattimore, Sr Republican
State Supreme Court Associate Justice Position 3
David Sterling Non Partisan Judicial
State Supreme Court Justice Non Partisan Judicial
Ashley County Circuit Clerk
Vickie Stell Independent
Ashley County Clerk
Ashley County Clerk Christie Pippen Martin Democrat
Debbie A Babb Republican
Ashley County Tax Collector
Lori Tomerlin Pennington Democrat
Tammy Rice Cook Republican Justice Of The Peace District 1
James Lee Austin Democrat
Ron Miller Independent Justice Of The Peace District 11
James E Phifer Democrat
Royce Young Independent
Greg Sivils Republican
Constable Millcreek Township
Lawrence Watt Democrat
Danny Lephiew Republican
Tony D Jones Independent
Mayor Scott McCormick Independent
Valerie Martin Independent
Mayor Scott McCormick Independent
Ward 2 Position 2
Dale Martinie Independent
Roy B Langstaff, Sr Independent
Ltc Michael R Sims, Retired Independent
Ward 3 Position 1
Cary Lee Carter Independent
Jimmy L Jeffress Independent
Ulrica Mchenry Trotter Independent
Amy Slaughter Independent
Aldermen Position 1
Lucille Daniel Independent
Leetell Jenkins, Jr Independent
Mayor Dane Weindorf Independent
Idia M Mason Independent
Calvin J Frierson, Sr Independent
Ward 1 Position 2
Daniel Shelton, Jr Independent
Billie C Pippen Independent Parkdale
Robert Palmer Independent
Michelle Pamplin Independent
Ward 1 Position 2
Bobby Fisher Independent
Jonathan Breedlove Independent
Ward 2 Position 2
Marcia Wells Vestal Independent
Richard Murdaugh Independent
5. Proposed Constitutional Amendments & Questions:
An Amendment Concerning Civil Lawsuits And The Powers Of The General Assembly And Supreme Court To Adopt Court Rules.
For Issue #1
Against Issue #1
A Constitutional Amendment Adding As A Qualification To Vote Present Certain Valid Photographic Identification When Casting A Ballot In Person Or Casting An Absentee Ballot
For Issue #2
Against Issue #2
Arkansas Term Limits Amendment
For Issue #3
Against Issue #3
An Amendment To Require Four Licenses To Be Issued For Casino Gaming At Casinos, One Each In Crittenden (To Southland Racing Corporation), Garland (To Oaklawn Jockey Club, Inc.), Pope, And Jefferson Counties.
For Issue #4
Against Issue #4
An Act To Increase The Arkansas Minimum Wage
For Issue #5
Against Issue #5
City Of Wilmot 1.00% Sales And Use Tax Fir Public Safety
City Of Wilmot, Arkansas, 1.00% Local Sales And Use Tax For Public Safety.
Witness Our Hand This 17th Day Of October, 2018.
Ashley County Election Commission
In The Quorum Court Of Ashley County, Arkansas
In The Matter Of The Issuance Of Bonds Under The Municipalities And Counties Industrial Development Revenue Bond Law
An Order Authorizing The Issuance Of Bonds Under The Authority Of The Municipalities And Counties Industrial Development Revenue Bond Law For The Purpose Of Financing Certain Industrial Facilities; Authorizing The Execution And Delivery Of An Indenture Of Trust Securing The Bonds; Authorizing The Execution And Delivery Of A Lease AgReement Between Ashley County, Arkansas, As Lessor, And Georgia-Pacific Consumer Operations Llc, As Lessee; Authorizing The Execution And Delivery Of An Agreement For Payments In-Lieu-Of-Taxes; Authorizing The Execution And Delivery Of Other Ancillary And Related Documents; And Authorizing And Prescribing Other Matters Pertaining Thereto.
On this 9th day of October, 2018, being a day which this Court hereby determines and declares to be a day when it is duly and legally convened for the transaction of business, comes on for consideration the question of issuing revenue bonds under the Municipalities and Counties Industrial Development Revenue Bond Law, Arkansas Code Annotated Sections 14-164-201 et seq., as amended (the “Act”) for the purpose of financing the cost of acquiring, constructing, installing and equipping certain industrial facilities in Ashley County, Arkansas (the “County”) and the other matters dealt with in this Order pertaining thereto, and the Court, being fully advised in the premises and after due hearing thereon and consideration thereof, finds:
1. The County is authorized by the Act to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, or contract any land, buildings, or facilities of any and every nature, incur other costs and expenses, and make other expenditures incidental to and for the securing and developing of industry.
2. The County is authorized by the Act to issue industrial development revenue bonds payable from revenues derived from the industrial project so acquired, constructed and equipped.
3. Georgia-Pacific Consumer Operations LLC, a Delaware limited liability company, together with any of its designated subsidiaries or affiliates (the “Company”), proposes the acquisition, construction and installation of property and equipment required for the expansion of the Company’s facility in Crossett, Arkansas, including, but not limited to, the construction and installation of two new converting lines, the acquisition of associated machinery and equipment, and infrastructure improvements, all located within the boundaries of the County (the “Project”).
4. The County, pursuant to an Inducement Letter of the Quorum Court of Ashley County, Arkansas, dated October 20, 2017, has previously expressed its intent to issue its industrial development revenue bonds under the Act for the purposes hereinafter described for the benefit of the Company.
5. In order to assist the Company with the expansion of the Company’s facility, the County has determined to issue and sell its “Ashley County, Arkansas Taxable Industrial Development Revenue Bonds (Georgia-Pacific Consumer Operations LLC - Ashley County Project), Series 2018” (the “Series 2018 Bonds”), in an aggregate principal amount of not to exceed $70,000,000.
6. In accordance with the applicable provisions of the Act, the County has determined to enter into a Lease Agreement with the Company, to be dated as of the first day of the month in which the Series 2018 Bonds are delivered (the “Lease Agreement”), under the terms of which the County agrees to issue its revenue bonds for the purpose of paying the costs of the Project, to be acquired, constructed and installed on behalf of the County by the Company, leased to and operated by the Company, all as is more fully set forth in the Lease Agreement, and the Company agrees to pay to the County specified rents and other payments which will be fully sufficient to pay the principal of, redemption premium (if any) and interest on the Series 2018 Bonds hereinafter authorized as the same shall become due and payable and to pay certain administrative expenses in connection with said Bonds.
7. After careful study and investigation by the County, it appears to be in the best interest of the citizens of the County that the Lease Agreement be entered into, and the County has found and does hereby declare that the acquisition, construction and equipping of the Project is a lawful and valid public purpose in that it will further the public purpose intended to be served by the Act.
8. A project summary for the Project, which has been prepared by the Company and which may be amended from time to time by the Company, has been submitted to and approved by the County and is on file with the Company, and it is estimated that the cost of acquiring, constructing and equipping the Project, including expenses incidental thereto, will not exceed $70,000,000.
9. The most feasible method of paying for the cost of the acquisition, construction and equipping of the Project by the County is by the issuance of the Series 2018 Bonds.
10. It is anticipated that provision should be made for the issuance from time to time of Additional Bonds which shall be equally and ratably secured hereunder with the Series 2018 Bonds (the Series 2018 Bonds and such Additional Bonds being hereinafter collectively referred to as the “Bonds”).
11. A public hearing on the question of the issuance of the Bonds was held before the Quorum Court of Ashley County, Arkansas on October 9, 2018, following publication of notice in the Ashley County Ledger on September 26, 2018.
12. The County proposes to enter into an Agreement for Payments in Lieu of Taxes (the “PILOT Agreement”) with the Company pursuant to which the Company will agree to make payments to the County equal to thirty-five percent (35%) of the ad valorem taxes that would otherwise be payable if the Company owned the Project.
13. The Bonds will be delivered to and paid for by the purchaser in multiple installments as and when moneys are required to complete the acquisition, construction and equipping of the Project, as further described in an Indenture of Trust, to be dated as of the first day of the month that the Series 2018 Bonds are delivered (the “Indenture”), to be entered into between the County and U.S. Bank National Association, as trustee (the “Trustee”).
14. Under the terms of the Lease Agreement, the County will receive specified rents and other payments from the Company, which said payments shall be assigned and pledged, together with the Lease Agreement itself, all rental payments and other payments to be received pursuant to the Lease Agreement, and all amounts on deposit from time to time in the “Bond Fund” and the “Project Fund” (as such terms are defined in the Lease Agreement) as security for the payment of the principal of, redemption premium (if any) and interest on the Bonds.
15. It is necessary that all right, title and interest of the County in the Lease Agreement, together with the Lease Agreement itself (except certain rights reserved by the County), be assigned to the Trustee under the terms of the Indenture.
16. The Company has agreed to enter into a Guaranty Agreement, to be dated as of the first day of the month that the Series 2018 Bonds are delivered (the “Guaranty Agreement”), pursuant to which the Company agrees to pay to the Trustee, for the benefit of the owners from time to time of the Bonds, the principal of, redemption premium (if any) and interest on the Bonds as the same become due together with other fees and expenses thereunder.
17. The County further finds that the economic benefits that will inure to the County and its residents from the Project and the operation thereof, payments to be made under the Lease Agreement, and the related purchase option contained in the Lease Agreement constitutes bargained for consideration equal to or greater in value than the benefits to be derived by the Company that is the lessee under the Lease Agreement and, therefore, the issuance of the Bonds to finance the cost thereof, and the leasing of the Project to the Company and the related purchase option involves no gratuity to the Company.
Now, Therefore, It Is Considered, Ordered And Adjudged:
Section 1. Authority for Order. This Order is entered pursuant to the provisions of the Act.
Section 2. Findings. It is hereby ascertained, determined and declared that:
(a) the acquisition, construction and equipping of the Project is a lawful and valid public purpose in that it will develop and promote trade, commerce, industry, and employment opportunities for the public good and the general welfare and will promote the general welfare of the State of Arkansas (the “State”), and will increase or maintain employment within the County and assist the County in securing and developing additional industry within the County, all in furtherance of the public purposes intended to be served by the Act;
(b) the specified rents and other payments to be received by the County under the Lease Agreement will be fully sufficient to pay the principal of, redemption premium (if any) and interest on the Bonds as the same become due and to pay certain administrative expenses in connection with the Bonds;
(c) the Company is required to maintain the Project therein described and to carry all proper insurance with respect thereto at the expense of the Company and also to pay the Trustee’s annual fee for serving as Trustee and paying agent for the Bonds;
(d) the Bonds will constitute only limited obligations of the County and will be payable solely from the revenues to be assigned and pledged to the payment thereof and will not constitute a debt within the meaning of any constitutional or statutory limitation, nor a general obligation or a pledge of the faith and credit of the City of Crossett, the County, the State, or any political subdivision thereof, and will not directly, indirectly, or contingently obligate the State, the County or the City of Crossett to levy or to pledge any form of taxation whatsoever for the payment thereof; and
(e) the Project will be self-liquidating and the County shall not operate the Project as a business other than as a lessor.
Section 3. Authorization of Acquisition, Construction and Equipping of Project. The acquisition, construction and equipping of the Project, as contemplated in the Lease Agreement, is hereby authorized.
Section 4. Authorization of Bonds. For the purpose of paying the costs, in whole or in part, of acquiring, constructing and equipping the Project, the issuance of not to exceed $70,000,000 in aggregate principal amount of revenue bonds of the County to be known as the “Ashley County, Arkansas Taxable Industrial Development Revenue Bonds (Georgia-Pacific Consumer Operations LLC - Ashley County Project), Series 2018” is hereby authorized. The Bonds shall be dated, mature, bear interest, be subject to redemption prior to maturity and be payable as set forth in Articles II and III of the Indenture. The Bonds shall be issued as registered Bonds without coupons in various denominations with such rights of exchangeability and transfer and shall be in the form and executed and authenticated in the manner provided in the Indenture. The term “Bonds” as used herein shall be deemed to mean and include the Bonds as initially issued and delivered and Bonds issued in exchange therefor or in exchange for Bonds previously issued.
Any Bonds hereafter issued in exchange for the Bonds initially issued and delivered pursuant to the Indenture shall be executed in accordance with the provisions of the Indenture and such execution by the County Judge and attestation by the County Clerk, whether present or future, is hereby authorized.
Section 5. Authorization of PILOT Agreement. The execution, delivery and performance of the PILOT Agreement by the County are hereby authorized. The PILOT Agreement shall be in substantially the form attached hereto as Exhibit A, subject to such changes, insertions or omissions as may be approved by the County Judge, and the execution of the PILOT Agreement by the County Judge and attestation by the County Clerk as hereby authorized shall be conclusive evidence of any such approval.
Section 6. Authorization of Lease Agreement. The execution, delivery and performance of the Lease Agreement between the County and the Company and from time to time, lease amendments to provide for additional Improvements (as defined in the Lease Agreement), if any, are hereby authorized. The Lease Agreement and any amendments described therein are expressly authorized to be executed by the County with the Company or any permitted successor or assign (as described in the Lease Agreement) as lessee, or any of its affiliates, related parties or any combination of the same. The Lease Agreement shall be in substantially the form attached hereto as Exhibit B, subject to such changes, insertions or omissions as may be approved by the County Judge, and the execution of the Lease Agreement by the County Judge and attestation by the County Clerk as hereby authorized shall be conclusive evidence of any such approval.
Section 7. Authorization of Indenture. In order to secure the payment of the principal of, redemption premium (if any) and interest on, the Bonds herein authorized, and in order to secure the performance and observance of all the agreements and conditions in the Bonds, the execution, delivery and performance of the Indenture between the County and the Trustee are hereby authorized. The Indenture shall be in substantially the form attached hereto as Exhibit C, subject to such changes, insertions or omissions as may be approved by the County Judge, and the execution of the Indenture by the County Judge and attestation by the County Clerk as hereby authorized shall be conclusive evidence of any such approval.
Section 8. Authorization of Bond Purchase Agreement. The execution, delivery and performance of the Bond Purchase Agreement providing for the sale of the Bonds (the “Bond Purchase Agreement”), among the County, the Company, as lessee, and the Company, as purchaser of the Bonds (in such capacity, the “Purchaser”), are hereby authorized. The Bond Purchase Agreement shall be in substantially the form attached hereto as Exhibit D, subject to such changes, insertions or omissions as may be approved by the County Judge, and the execution of the Bond Purchase Agreement by the County Judge and attestation by the County Clerk as hereby authorized shall be conclusive evidence of any such approval.
Section 9. Acknowledgment of Guaranty Agreement. The Guaranty Agreement to be entered into by and between the Company and the Trustee in connection with the issuance of the Bonds shall be in substantially the form, attached hereto as Exhibit E, subject to such changes, insertions or omissions as may be approved by the Company and the Trustee prior to the execution and delivery thereof.
Section 10. Designation of Trustee, Paying Agent and Bond Registrar. U.S. Bank National Association is hereby designated Trustee, Paying Agent and Bond Registrar under the Indenture for the Bonds.
Section 11. Execution of Bonds. The Bonds shall be executed in the manner provided in the Indenture and the same shall be delivered to the Trustee for proper authentication and delivery to the purchaser or purchasers thereof with instructions to that effect as provided in the Indenture.
Section 12. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the PILOT Agreement, the Lease Agreement, the Indenture and the Bond Purchase Agreement shall be deemed to be a stipulation, obligation or agreement of any officer, director, agent or employee of the County in his/her individual capacity, and no such officer, director, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof.
Section 13. General Authority. From and after the execution and delivery of the documents hereinabove authorized, the proper officers, directors, agents and employees of the County are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents, including but not limited to an intercreditor agreement or non-disturbance, subordination and attornment agreement with any Mortgagee (as defined in the Indenture), as may be necessary to carry out and comply with the provisions of said documents as executed, and are further authorized to take any and all further actions and to execute and deliver any and all other documents and certificates as may be necessary or desirable in connection with the issuance of the Bonds and the execution and delivery of the Indenture, the Lease Agreement and the Bond Purchase Agreement. Such other documents and certificates shall be in such form and contain such terms and conditions as may be approved by the County Judge, and the execution of such other documents and certificates by the County Judge as herein authorized shall be conclusive evidence of any such approval. The County Clerk is hereby authorized to attest the signature of the County Judge and impress, imprint or otherwise affix the seal of the County on any of the documents and certificates executed in connection with this Order, but shall not be obligated to do so, and the absence of the signature of the County Clerk or the County’s seal on any such other documents and certificates shall not affect the validity or enforceability of the County’s obligations thereunder.
The County Judge and County Clerk are hereby authorized and directed to prepare and furnish to the purchaser or purchasers, when the Bonds are issued, certified copies of all the proceedings and records of the County relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the County as to the truth of all statements contained therein.
Section 14. Actions Approved and Confirmed. All acts and doings of the officers of the County which are in conformity with the purposes and intents of this Order and in the furtherance of the issuance of the Bonds and the execution, delivery and performance of the Indenture, the Lease Agreement and the Bond Purchase Agreement shall be, and the same hereby are, in all respects approved and confirmed.
Section 15. Copies on File. The County Clerk is hereby authorized and directed to file in the office of the County Clerk copies of the Lease Agreement, PILOT Agreement, Indenture, Guaranty Agreement and Bond Purchase Agreement, and such documents shall be on file for inspection by any interested person.
Section 16. Severability of Invalid Provisions. If any one or more of the agreements or provisions herein contained shall be held contrary to any express provision of law, or contrary to the policy of express law though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such agreements or provisions shall be null and void and shall be deemed separable from the remaining agreements and provisions and shall in no way affect the validity of any of the other agreements and provisions hereof or of the Bonds authorized hereunder.
Section 17. Repealing Clause. This Order shall supersede and control with respect to the matters authorized herein.
Section 18. Effective Date. This Order shall take effect immediately upon its entry.
ENTERED this 9th day of October, 2018.
Quorum Court Of Ashley County, Arkansas
By: /s/ Jim Hudson
I, the undersigned, County Clerk of Ashley County, Arkansas, hereby certify that (1) the foregoing is a true, correct and compared copy of an Order entered by the Quorum Court of Ashley County, Arkansas on the 9th day of October, 2018, which now appears of record in the Quorum Court of Ashley County, Arkansas; (2) the proceedings of the Quorum Court of Ashley County, Arkansas at which the foregoing Order was entered were held in the regular place of holding court in the Ashley County Courthouse; and (3) such proceedings were open to the public at all times and advance public notice of the time and place of such proceedings was duly given in accordance with the Arkansas Freedom of Information Act.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Court this 9th day of October, 2018.
/s/ Christie Martin
A copy of the PILOT Agreement, the Lease Agreement, the Indenture, the Bond Purchase Agreement and the Guaranty Agreement is on file with the County Clerk of Ashley County, Arkansas.