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Min 08/02/19308A " ,I ORDINANCE NO. 1038 AN ORDETANCE ATENDING ORDINAME NO. 922 PROVIDING FOR TTIE CLOSING AND ABANDONI>\:G OF THAT PORTION OF CEESTEft STREET LYING BETWEEN BLUFF AND NINETEENTH STREETS IN THE CITY OF WICHITA FALLS, TEXAS, AND AUPH ORIZ ING THE MAYOR TO SELL SAME. Moved by Alderman McCutchen that Ordinance No. 1038 be passed on its first reading. vote: Yotion seconded by Alderman Harvey and carried by the following j Yeas: Aldermen McCutchen, Harvey, Prothro and Spoonts. Nays: None. Yoved by Alderman Spoonts that the meeting be adjourned until 12:05 P.M. August Znd, 1930. Notion seconded by Alderman Harvey and carried. The Board of Aldermen then adjourned,until 12:05 P. T . August 2nd, 1930. / READ AID APPROVED this the 4th day f August 30. Y6Lyor ATTEST-. City Clerk Wichita "alls, Texas Memorial Auditorium Building August 2nd, 1930 The Board of Aldermen of the ity of Tic Falls, Texas, con- vened in regular adjourned meeting at ;94 i y of Wichita Falls on this the 2nd day of August 1930, with the following members of the Board present, to -wit: ",'alter Nelson, Jr. Yayor R. 0. Harvey, C. E. IllICCutchen, J. T;?. Spoonts, X Aldermen J. N. Prothro, X E. H. Eddleman, Z Thelbert Lartin, City Attorney G. D. Fairtrace, City Manager W. E. McBroom, City Clerk with the following members absent, to -wit: Tone, constituting a quorum, at which time the following among other business was transacted: Mr. LcCutchen introduced an ordinance. The ordinance was read in full by the City Clerk. Mr. McCutchen made a motion that the rules requiring ordinances to be read on three separate days be suspended, for reasons contained in the emergency clause. The motion was seconded by Mr. Harvey, The motion was carried by the following vote: Ayes: Aldermen Harvey, McCutchen, Spoonts, Prothro & Eddleman. Noes: None. I.:r. Harvey made a motion that the ordinance be passed finally. The motion was seconded by T.:r. Eddleman. The motion carrying with it the passage of the ordinance prevailed by the following vote: Ayes: Aldermen Harvey, Eddleman, Prothro, Spoonts and McCutchen Noes: None. The Mayor announced that the ordinance had been finally passed. The ordinance as finally passed is as follows: ORDINANCE NO. 1037 BY THE BOARD OT' AIDERI%,IEN OF THE CITY OF WICHITA `'AILS, TEXAS, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN THE AMOUNT OF $640,000.00, IN TWO SERIES OF $320,000.00 EACH, THE FIRST SERIES BEARINGF OUR AND ONE-HAIF PER CENT INTEREST, THE SECOND SERIES BEARING FOUR AND THREE - FOURTH PER CENT INTEREST, DESIGNATING = BONDS TO BE REFUNDED, PRE- SCRIBING THE MATURITIES OF BOTH SERIES OF REFUNDING BONDS, PROVIDING THE A.MHOD 0"' EYCHANGIIZ THE ORIGINAL BODIDS FOR THE REFUNDING BONDS, AND DECLARING AN EMERGENCY. ?WHEREAS, the Board of Aldermen did on February 12, 1920, pass an ordinance, designated "Ordinance No. 27811, recorded in Ordinance Book No. 2, authorizing the issuance of "City of Wichita Falls ' ater- works Bonds", in the amount of Eight hundred Thousand ($800,000.00) Dollars, dated February 10, 1920, bearing five per cent interest, payable semi-annually August 10th and February loth of each year, of the denomination of One Thousand ($1,000.00) Dollars.,each, numbered from One (1) to Eight Hundred (800), interest and principal payable at the office of the City Treasurer, Wichita Falls, Texas, or at Hanover National Bank, New York, N. Y., at the option of the holder, maturing forty years from date, each bond containing the following provision as to option of payment before maturity: "The City of 1 ichita Falls hereby reserves the right to redeem this bond before maturity at any time after February loth, 1930, by paying principal and accrued interest, and in case this bond shall be called for redemption before maturity, notice thereof shall be given by publication in a newspaper published in '. ichita Falls, once a week for three successive weeks, the first publication to be at least thirty days before the date fixed for redemption, and should this bond not be presented "or redemption the same shall cease to bear interest from and after the date so fixed." and 4,[HEREAS, said bonds were thereafter dully approved by the Attorney General of the State of Texas, were registered by the Comp- troller, and were legally sold and delivered by the City to the purchasers thereof; and 8_j 'WHEREAS, One Hundred Sixty Thousand ($160,000.00) Dollars cf said bonds have heretofore been retired by the City out of accumulated sinking funds, leaving outstanding and unpaid Six Hundred Forty Thousand ($640,000.00) Dollars thereof, numbered as follows: 109 to 113, inclusive; 142 to 253, " 256 to 278, " 294 to 607, " 609 to 667, " 670 to 681, " 684 to 763, " 765 to 799, " and "I-IREAS, the Board of Aldermen did on the 7th day of July, 1930, adopt a resolution exercising the option of the City to redeem said out- standing bonds and providing for the giving of notice to the holders; and WHEREAS, all steps have been taken required under the terms of the original bonds and under the provisions of law to notify the holders to present said bonds for payment effective August 10, 1930; and '. HEREAS, it is deemed to the best interest of the City that Refunding Bonds be issued to the extent of Six Hundred Forty Thousand ($640,000.00) Dollars in such manner that the new bonds will be exchanged for the old bonds under the usual procedure in the office of the Comp- troller of the State of Texas; BE IT ORDAINED BY THE BOARD OF ALDERIMT OF THE CITY OF j_ ICHITA FALLS, TEXAS: (1) That the outstanding original bonds hereinafter set out, be, and they. are hereby ordered to be surrendered for cancellation and ex- changed in the office of the Comptroller of the State of Texas, the original bonds thus to be refunded being described as follows: BONDS NTAMERS: 109 to 113, inclusive, 142 to 253, " 256 to 278, " 294 to 607, " 609 to 667, " 670 to 681, " 684 to 763, " 765 to 799, " (2) That ^efunding ?fonds of the City of Wichita Falls, Texas, be issued in lieu of the original bonds above described in the amount of Six Hundred Forty Thousand ($640,000.00) Dollars; said bonds to be issued in two series viz.: (a) City of Wichita Falls, Texas, Waterworks Refunding Bonds, Series 1930-A, in the amount of Three Hundred Twenty Thousand ($320,000.00) Dollars, bearing four and one-half (412%) per cent interest; (b) City of Wichita Falls, Texas, ' aterworks Refunding Bonds, :,eries 1930 B, in the amount of Three Hundred Twenty Thousand ($3201000.00) Dollars, bearing four and three -fourths (44%) per cent interest; (3) That for the mechanical convenience cf this ordinance, the respective series of bonds 1930-A and 1930-B, are fully described herein- after in the ordinance under the general sub -divisions "A" and "B" there- of, as follows: 8 1 (;_ A. CITY OF VICHITA FALLS, TEXAS, l'IATERTORKS REFUNDING BONDS, SERIES 1930-A, $320,000.00 (4) That the bonds of said City to be called "CITY OF WICHITA FALLS, TEXAS, 1_ATER':OR1Z REFUPIDIM BONDS, SERIES 1930-A", be issued under and by virtue of the laves of the State of Texas, and the charter of said city in the amount of •`320,000.00 for the purpose of refunding a like amount of original bonds of said City more fully and completely described herein above; (5) That said bonds be numbered consecutively from One (1) to Three Hundred Twenty (320), inclusive; shall be of the denomination of One Thousand (1,000.00) Dollars each, aggregating Three Hundred Twenty Thousand (,p320,000.00) Dollars, dated August 10, 1930, bearing interest at the rate of four and one-half per cent (42,L%) per annum, payable February 10, 1931, and semi-annually thereafter on August loth and February loth of each year, and maturing as follows: BONDS PLUMBERS to 21, incl. 22 to 42, " 43 to 63, 64 to 84, " 85 to 105, " 106 to 126, " 127 to 147, " 148 to 168, to 189, " i169 190 to 210, " 211 to 231, " 232 to 252, TM i253 to 273, " 74 to 294, " 95 1216 to 315, to 320, IVIATURITY DATES AMOUNTS February 10, 1931, °21,000.00 February 109 1932, 21,000.00 February 10, 1933, 21,000.00 February 19, 1934, 21,000.00 February 10, 1935, 21,000.00 February 10, 1936, 21,000.00 February 10, 1937, 21,000.00 February 10, 1938, 21,000.00 "ebruar y 10, 1939, 21,000.00 February 10, 1940, 21,000.00 February 10, 19419 21,000.00 February 10, 1942, 21,000.00 February 10, 1943, 21,000.00 February 10, 1944, 21,000.00 February 10, 1945, 21,000.00 February 10, 1946, 5,000.00 (6) That the principal and interest of said bonds shall be payable in lawful money of the United States of America, upon presen- tation of bond or proper coupon at the office of Central Hanover Bank and Trust Company, in the City of New York, State of New York; (7) That each of said bonds shall be signed by the ?'ayor and countersigned by the City, Clerk, and the corporate seal of the City shall be impressed upon each of them, and thereafter registered by the City Treasurer; (8) That the fac-simile signatures of the P:iayor and of the City Clerk may be printed or lithographed upon the coupons attached to said bonds and shall have the same effect as if they had been signed by them. (9) The form of the bond shall be substantially as follows: No. �1,000.00 UNITED STATES OF ANF'RICA STATE OF TEXAS COUNTY OF WI CHIT A CITY OF WICHITA FALLS WATERWORKS REF-M)ING BOND SERIES 1930 -A The City of - ichita ?alls, in the Count;; of ' ichita, � tate of Texas, a municipal corporation duly incorporated under the laws of 8.1 e the ^tate of Texas, and acting under its special charter, for value re- ceived, hereby promises to pay to bearer hereof, on the loth day of February, 19_, the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date hereof at the rate of four and one-half (4.21-%) per cent per an- num, interest payable February 10, 1931, and thereafter semi-annually on the loth day of August and on the loth day of ^ebruary of each year, principal and interest payable upon presentation and surrender of bond or proper coupon at the office of Central Hanover Bank and Trust Company, in the City of New York, State of New York, and the City of ':'ichita Falls is hereby held and firmly bound and its faith and credit and all real and personal property in said City are hereby pledged for the prompt payment of the principal of this bond and the interest hereon at maturity. This bond is one of a series of Three Hundred Twenty (320) bonds, numbered from One (1) to Three Hundred Twenty (320), inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Three Hundred Twenty Thousand ($320,000.00).Dollars, issued for the pur- pose of refunding, cancelling and in lieu of certain Waterworks Bonds of the City of Wichita Falls, in the identical amount of this. issue, more fully described in the ordinance authorizing this series of bonds, under and by virtue of the Charter of the City, the Constitution and laws of the State of Texas, and pursuant to an ordinance passed by the Board of Aldermen c$��x�17x�xx�, which ordinance is of record in the Ordinance Reoords of the City. The Date of this bond, in conformity with the ordinance above mentioned, is the loth day of August, 1930. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond and the series of which it is a part is duly authorized by law and by the charter of the City, and that all acts, conditions and things re- quired to be done precedent to and in the issuance of this series of bonds and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as re-uired b­ law, and that the total indetedness of the City of r'ichita Palls, Texas, in- cluding the entire series of bonds of which this is one, does not exceed any Charter, Constitutional cr �'tatutory limitation. IN 17ITNESS :HEREOF, the City of richita -ails, by its Board of Aldermen, has caused its corporate seal to be affixed hereto and this bond to be signed by its Mayor, and to be attested by the City Clerk and registered by the City Treasurer, and the interest coupons hereto at- tached to be executed by the printed or lithographed fac-simile igna- tures of the 1,:ayor and City Clerk, as of the date last above written. COUNTERSIGNED: or, oitiy or REGISTERED: City Clerk. City Treasurer, City of Tichita Falls, Texas. (10) The form of coupon shall be substantially as follows: No. $ ON THE LOTH DAY OF FEBRUARY, 19 , (or August as the case may be) S1 S the City of Wichita Falls, Texas, will pay to bearer at the office of Central Hanover Bank and Trust: Company, in the City of New York, State of New York, the sum of Twenty-two and 50/100 ($22.50) Dollars in law- ful money of the United States of America, being six months' interest on the City. of t ichita Falls, Texas, Waterworks Refunding Bond, `eries 1930-A, No. , dated August 10, 1930. -City Clerk. Fayor. (11) The following certificate in substance shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE CPTEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law and that he finds that it has been issued in conformity with the Con- stitution and laws of the State of Texas, and with the Charter of said City, and that it is a valid and binding obligation upon the City of Wichita Falls, Texas, and that said bond has this day been regis- tered by me. WITNESS my hand and seal of office at Austin, ^exas, this the day of , 19_ Comptroller of Public Accounts of the State of Texas. (12) That to pay the interest on said bonds and to create a sinking fund sufficient to discharge them at maturity, a tax of seven (0.7¢) cents on each one hundred dollars' valuation of all taxable property within the City of Wichita -ails, Texas, is hereby levied for the current year 1930, and on all of the taxable property within said City, and shall be assessed and collected, and that for each year while any of said bonds or interest thereon are unpaid, said tax so fixed above, together with so much in addition thereto as may be necessary to pay the interest and principal maturing there- on, is hereby levied and ordered to be levied; and each year while any of the principal or interest of this issue is unpaid, there shall be calculated the rate of tax necessary to pay the current interest and to pay the proportionate part of the principal thereof for said year, and during each of said years a tax of and at the rate so found to be necessary shall be levied, assessed and collected for each of said years, and applied to the purposes named, and to no other pur- pose. (13) It is further ordered that the Mayor of the City. shall be authorized to take and have charge of all necessary records 'pending investigation by the Attorney General, and shall take and 'have charge and control of the bonds herein authorized pending the approval of the record by the Attorney General. -^ After the record has been approved by the Attorney General, - the bonds shall be left in the care and custody of the Comptroller to Abe surrendered by him only ashen and as the holder of the original (bonds surrenders to him in exchange a like amount of the original bonds with current coupons attached, and likewise exhibits and order Itb the Comptroller to deliver the refunding bonds signed by the T"ayor. The exchange may be made in one or in several installment deliveries. (14) All moneys in the interest and sinking fund of the original bond issue, together with all taxes in process of collection for such funds, are hereby ordered transferred to the interest and sinking fund of the Refunding Bonds, one-half to the Series 1930-A Fund and one-half to the Series 1930 -B Fund, and shall be used for no other purpose. The Mayor, City Clerk and City Treasurer of the City are hereby ordered and directed to do all things necessary and convenient to accom- plish the purpose of this section. CITY OF WICHITA FALLS, TEXAS, REFUNDING BOMS, SERIES 1930-B, ."320,000.00, 4-� (15) That the bonds of said City to be called "CITY OF F-ICHTTA FALLS, TEXAS, ' ATERWORKS REFUTING BONDS, SERIES 1930-B", be issued under and by virtue of the laws of the State of Texas and the Charter of said City in the amount of $320,000.00, for the 'purpose of refunding a like amount of original bonds of said City, more fully and completely de- scribed in ection (1) hereof; (16) That said bonds be numbered consecutively from One (1) to Three Hundred Twenty (320), both inclusive; shall be of the denomination of One Thousand ($1,000.00) Dollars each, aggregating $320,000.00, dated August 10, 1930, bearing interest at the rate of four and three -fourths (4 loo) per cent per annum, payable February 10, 1931, and semi-annually thereafter on August loth and February loth of each year and maturing as follows: BONDS NUMBERS 1 to 15, incl. 16 to 36, " 37 to 57, " 58 to 78, " 79 to 100, " 101 to 122, " 123 to 144, " 145 to 166, " 167 to 188, " 189 to 210, " 211 to 232, " - 233 to 254, " 255 to 276, " 277 to 298, " 299 to 320, " MATURITY DATES a-'OUNTS February 10, 1946, j 15,000.00 February 10, 1947, 21,000.00 February 10, 1948, 21,000.00 February 10, 1949, 21,000.00 February 10, 1950, 22,000.00 February 10, 1951, 22,000.00 February 10, 1952, 22,000.00 February 10, 1953, 22,000.00 February 10, 1954, 22,000.00 February 10, 1955, 22,000.00 February 10, 1956, 22,000.00 February 10, 1957, 22,000.00 February 10, 1958, 22,000.00 February 10, 1959, 22,000.00 February 10, 1960, 22,000.00 (17) That the principal and interest of said bonds shall be payable in ]awful money of the United States upon presentation of bond or propEr coupon at the office of Central Hanover Bank and Trust Company, in the City of New York, State of New York; (18) That each of said bonds shall be signed by the Mayor and countersigned by the City Clerk and the corporate seal of the City shall be impressed upon each of them, and thereafter registered by the City Treasurer; (19) That the fac-simile signature of the Mayor and of the City Clerk may be printed or lithographed upon the coupons attached to said bonds and shall have the same effect as if they had been signed by them. (20) The form of the bond shall be substantially as follows: NO. UNITED SPATES OF AMERICA STATE OF TEXAS COUNTY OF ?UICHITA CITY OF WICHITA FALLS tiWATERI; ORKS REFUNDI I\'TG BOND SERIES 1930-B "'1,000.00 The City of ":ichita Falls, in the County of "'ichita, State of Texas, a municipal corporation duly incorporated under the laws of the :Mate of Texas, and acting under its special charter,for value received, hereby promises to pay to bearer hereof, on the loth day of February, 19, the sum of ONE THOUSAM DOLLARS in lawful money of the United States of America, with interest there- on from date hereof at the rate of four and three -fourths (" ) per cent per annum, interest payable February 10, 1931, and thereafter semi-annually on the loth day of August and on the loth day of Febru- ary of each year, principal and 'interest payable upon presentation and surrender of bond or proper coupon at the office of Central Hanover Bank and Trust Company, in the City of New York, State of New York, and the City of Wichita Falls is hereby held and firmly bound, and its faith and credit and all real and personal property in said City are hereby pledged for the prompt payment of the prin- cipal of this bond and the interest thereof at maturity. THIS BOPD is one of a series of Three Hundred Twenty (320) bonds, numbered from One (1) to Three Hundred Twenty (320), inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggre- gating Three Hundred Twenty Thousand ($320,000.00) Dollars, issued for the purpose of refunding, cancelling and in lieu of certain waterworks bonds of the City of Wichita Palls, in the identical amount of this issue, more fully described in the ordinance author- izing this series of bonds under and by virtue of the Charter of the City, the Constitution and laws of the State of Texas, and pursuant to the ordinance passed by the Board of Aldermen, which ordinance is of record in the Ordinance Records of the City. THE DATE of this bond, in conformity with the ordinance above mentioned, is the loth day of August, 1930. IT IS HEREBY CERTIFIED AM RECITED that the issuance of this bond and the series of which it is a part is duly authorized by law and by the Charter of the City, and that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds and of this bond, have been properly done and performed and have happened in regular and due time, form and man- ner as required by law, and that the total indebtedness of the City of Wichita Falls, Texas, including the entire series of bonds of which this is one, does not exceed any Charter, Constitutional or Statutory limitation. IN WITNESS THEREOF, the Board of Aldermen has caused its to and this bond to be signed by the City Clerk and registered by est coupons hereto attached to be printed fac-simile signatures of of the date last above written. COUITTERSIGNED : City of 7ichita Falls by its corporate seal to be affixed here - the Mayor and to be attested by the City Treasurer, and the inter - executed by the lithographed or the Mayor and the City Clerk, as City Clerk REGISTERED: City Treasurer, Cite of 17ichita 82 1 No. (21) The form of coupon shall be substantially as follows: ON THE LOTH DAY OF FEBRUARY, 19 , (or August as the case may be) ti the City of Wichita Falls, Texas, will pay to bearer at the office Cf Central Hanover Bank and Trust Company, in the City of New York, State of New York, the sum of Twenty-three and 75/100 ($23.75) Dollars, in lawful money of the United States of America, being six months' interest on City of Wichita Falls, Texas, ' aterworks Refunding Bond, Series 1930-B, No.', dated August 10, 1930. City Clerk. ,-.ayor. (22) The following certificate in substance shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS I HEREBY CERTIFY that there is on file aiid of record in my offi4 a certificate of the Attorney General of the -tate of Texas to the effect that this bond has been examined by him as required by law and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and with the Charter of said City, and that it is a valid and binding obligation upon the City of Wichita Falls, Texas, and that said bond has this day been registered by me. '1:ITNESS MY HAND and seal of office at Austin, Texas, this the day of , 19' Comptroller of Public Accounts of the State of Texas . (23) That to pay the interest on said bonds and to create a sinking fund sufficient to discharge them at maturity, a tax of three and four -tenths (3.4¢) cents on each one hundred dollars' valuation of all taxable property within the City of Wichita Falls, Texas, is hereby levies for the current year 1930, and on all cif' the taxable property within said City, and shall be assessed and collected, and that for each year while any of said bonds or interest thereon are unpaid, said tax so fixed above, together'with so much in addition thereto as may be necessary to pay the interest and principal maturing thereon, is hereby levied and ordered to be levied, and each year while any of the principal or interest of this issue is unpaid, there shall be calculated the rate of tax neces- sary to pay the current interest and to pay the pmpQrtionate part of the principal thereof for said year, and during each of said years a tax of and at the rate so found to be necessary shall be levied, assessed and collected for each of said years and applied to the purposes named, and to no other purpose. (24) It is further ordered that the Mayor of the City shall be authorized to take and have charge of all necessary records pending in- vestigation by the Attorney General, and shall take and have charge and control of the bonds herein authorized pending the approval of the record by the Attorney General. 8#ti After the record has been approved by the Attorney General the bonds shall be left in the care and custody of the Coi ptroller to be surrendered by him only when and as the holder of the original bonds surrenders to him in exchange a like amount of the original bonds with current coupons attached, and likewise exhibits an order to the Comptroller to deliver the refunding bonds signed by the Mayor. The exchange may be made in one or in several installment deliveries. (25) All the moneys in the interest and sinking fund of the original bond issue, together with all taxes in process of col- lection for such fund, are hereby ordered transferred to the interest and sinking fund of the Refunding Bonds, one-half to the series 1930-A Fund and one-half to the series 1930 B Fund, and shall be used for no other purpose. The Mlayor, City Clerk and City Treasurer of the City are hereby ordered and directed to do all things necessary and conven- ient to accomplish the purpose of this section. (26) Any and all of the original bonds listed in 7ectior. (1) hereof shall be eligible for exchange f or any of the Pefunding Bonds of either Series "A" or Series "B". The particular refunding bonds to be exchanged from time to time shall be designated to the Comptroller by the holder of the original.bonds. The holder of the original bonds, who is authorized by the City to effect the exchange is C. Edgar Honnold of Oklahoma City, Okla. It is further provided, however, that at no time shall the aggregate of the refunding bonds of Series "B", registered by the Comptroller and delivered in ex- change, exceed the aggregate of the refunding bonds of :series "A", thins so registered and delivered unless by written authority by the Mayor, addressed to the Co:,ptroller . (27) The fact that the passage of this ordinance will con- stitute a relief to the City's financial burden, being necessary for the peace, safety and prosperity of the City, constitutes this an emergency measure, demanding that the rules requiring ordinance to be read at more than one meeting be suspended, and that this ordi- nance take effect immediately from and after its passage, and it is so ordained. PASSED AND APPROVED this the 2nd day of August, 1930. Moved by Alderman LeCutchen t':at the meeting be adjourned. Lotion seconded by Alderman Prothro and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 4th da of Augu st , 1 0. Ya yor WIN M-4 a 4 �PINNA, 8211