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Min 02/20/1928392 C`ichita Falls, exas. ,Memorial Auditorium Building, February 20, 1928. The Board of Aldermen of the City of �7ichita Falls met in regular session on the above date with the following members present: R. L. Shepherd, '_ayor, Oral Jones, Q J. W. Hunt, Q P. B. Curd, '.ldermen, A. W. King, Q Roy, E. Carter, Q V. E. McBroom, City Clerk, Thelbert Martin, City Attorney. The ::inutes of the previous meeting were read and approved. ORDINANCE NO. 965 AN ORDINANCE FOR THE LICEdSING AND RLGULATION OF "DRIVERLESS AUTO.103ILES11, IIIRED OR LEASED TO THE PUBLIC FOR USE UPON OR OVER THE STREETS OR THOROUGH Fl:RES OF THE CITY OF IvICHITA FALLS. T'oved by Alderman Hunt that Ordinance No. 965 be passed on its first reading. vote: IIotion seconded by Alderman King and carried by the following Yeas: Aldermen Jones, Hunt, Curd, King and Carter. :;ays : None. Moved by Alderman Curd that the revocation of the plat of the East Park Addition to the City of C:ichita Falls filed in the deed records of Wichita County by T. J. Riley and Dr. Joanna Campbell be approved. `?otion seconded by Alderman Jones and carried. roved by _.lderman Carter that the Police Department be authorized to purchase 2 Dodge Touring Cars from :cFall Brothers on their bid of ',-1,035.00 for each car completely equipped and to trade in on this purchase one Hudson speedster at a value of ;,50.00 and one Dodge touring car Motor No. 748115 at a value of-100.00. Yotion seconded by Alderman Curd and carried. LIoved by :U derman Jones that contract for furnishing electric lamps for various delartments of the City for one year from Feb. 16th, 1928, be awarded to the -uto Equipment Company upon their bid of 2410 discount on standard package and 14�o on broken package purchases. "otion seconded by Alderman Carter and carried. ORDINANCE NO. 966 AN ORDINANCE BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS FOR THE PRINCIPAL S m OF SIXTY- ONE THOUSAND DOLLARS ($61,000.00), FOR THE PURPOSE OF REFUNDING, CANCELLING AND IN LIEU OF A LIKE AIIOUITT OF THE LEGALLY ISSUED LITD OUTSTANDING BONDS OF SAID CITY; PRESCRI3ING THE FORM OF BOND AND THE FORI.I OF INTEREST COUPONS; PROVIDING FOR THE ANNUAL LEVY, ASSESSMENT AND COLLECTION OF A TAX ON THE ONE HUNDRED DOLLARS' VALUATION OF ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID CITY TO•PAY THE INTEREST THEREON AND CREATE A SINKING FUND FOR THE REDEMPTION THEREOF; AND DISPENSING INITH REQUIREMENT OF READING AN ORDINANCE ON THREE SEPARATE DAYS BEFORE FINAL. PASSAGE. The above ordinance having been read in full, it was moved by :alderman Curd, and seconded by Alderman Carter, that the requirement of reading ordinances on three separate days as provided by Section 37, of the Charter, be dispensed with, and which motion was seconded by Alderman Carter. Such motion was adopted by unanimous vote of the member of the Board, all members thereof being present and voting in favor of such motion, to -wit: Oral Jones, J. W. Hunt, P. B. Curd and Roy E. Carter voting "YEA", and none voting "NAY". Thereupon, it was moved by Alderman Curd, and seconded by Alderman Carter, that said ordinance be finally passed and adopted, and which motion was adopted by the following vote, to -wit: Oral Jones, J. W. Hunt, P. B. Curd and Roy E. Carter voting "YEA", and none voting 11 NAY . It Thereupon, the Mayor declared that the ordinance had been finally passed by unanimous vote of all the members of the Board, and the City Clerk was accordingly instructed to enter the same on the Journal of the Proceedings of the Board of Aldermen. ORDINANCE NO. 966 AN ORDINANCE BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS FOR THE PRINCIPAL SUM OF SIXTY- ONE THOUSAND DOLLARS (461,000.00), FOR THE PURPOSE OF REFUNDING, CANCELLING AND IN LIEU OF A LIKE AMOUNT OF THE LEGALLY ISSUED AND OUTSTANDING BONDS OF SAID CITY; PRESCRIBING THE FORM OF BOND AND THE FORM OF INTEREST COUPONS; PROVIDING FOR THE ANNUAL LEVY, ASSESSI,1ENT AND COLLECTION OF A TAX ON THE ONE HUNDRED DOLLARS' VALUATION OF ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID CITY TO PAY THE INTEREST THEREON AND CREATE A SINKING FUND FOR THE REDE1,TTION THEREOF; AND DISPENSING WITH REQUIREMENT OF READING Aid ORDINANCE ON THREE SEPARATE DAYS BEFORE FINAL PASSAGE. WHEREAS, the following bonds of the City of Wichita Falls, Texas, have been heretofore issued and are now outstanding obligations of said City: (a) CITY OF IaICHITA FALLS STREET IMPROVEMENT BONDS; dated April 10, 1910; due forty years from their date, but redeemable at the option of the City at any time after ten years from their date; bearing 5% interest; being for the total principal sum of :�17,500.00, and of which amount there is now outstanding and unpaid the sum of 0,500.00; both principal and interest being payable at the Office of the City Treasurer, in ;;ichita Falls, Texas; being Bond Numbers 29 to 35, inclusive; (b) CITY OF WICHITA FALLS STREET IMPROVEMENT BONDS; dated November 15, 1912; due forty years from their date, but redeemable at the option of the City at any interest paying period after ten years from their date; bearing 5% interest; being for the total principal sum of $12,000.00, and of which amount there is now outstanding and unpaid - the sum of $3,000.00; both principal and interest being payable at Austin, Texas, or New York, N. Y.; being Bond Numbers 19 to 44, inclusive; (c) CITY OF WICHITA FALLS STREET IMPROVEMENT BONDS; dated June 1, 1916; due forty years from their date, but redeemable at the option of the City at any time after ten years from their date; bearing 5% interest; being for the total principal sum of 440,000.00, and of which amount there is now outstanding and unpaid the sum of w22,000.00; both principal and interest being payable at New York City, New York, or Austin, Texas; being Bond Numbers 15 to 20, inclusive; 25 to 30, in- clusive, 39 to 58, inclusive; 63 to 73, inclusive; and Number 80; 394 (d) CITY OF ,ICHITA FALLS, TEXAS, SEWERAGE BONDS; dated Jan- uary 1, 1908; due forty years from their date, but redeemable at the option of the City at any time after ten years from their date; bearing .—. 5% interest; being for the total principal slim of {�24,000.00, and of which amount there is now outstanding and unpaid the sum of ,IP2,500.00; both principal and interest being payable at the Office of the State Treasurer; being Bond Numbers 44 to 48, inclusive; (e) CITY OF dICHITA FALLS SEVER BONDS; dated November 15, 1912; due forty years from their date, but redeemable at the option of the City at any interest paying period after ten years from their date; bearing 5% interest being for the total principal su.m of yp10,000.00, and of which amount there is now outstanding and unpaid the sum of "2,500.00; both principal and interest being payable at Austin, Texas, or New York, New York; being Bond Numbers 16 to 20, inclusive; (f) CITY OF WICHITA FALLS FIRE STATION BONDS; dated August lb, 1914; due forty years from their date, but redeemable at the option of the City at any time after ten years from their date; bearing 5% interest; being for the total principal sum of '17,500.00, and of which amount there is now outstanding and unpaid the sum of ,3,500.00; both principal and interest being payable at New York City, New York, and Austin, Texas; being Bond Numbers 9 to 15, inclusive; (g) CITY OF WICHITA FALLS, JOINT COUNTY AND CITY HOSPITAL BONDS; dated May 1, 1914; due forty years from their date, but redeem- able at the option of the City at any time after fifteen years from their date; bearing 5°o interest; being for the total principal sum of ,,;25,000.00, and of which amount there is now outstanding and unpaid the sum of .,,6,000.00; both principal and interest being payable at Chicago, Ill., and 2,ustin, Texas; being Bond Numbers 19 to 30, inclusive; (h) CITY OF '.+ICHITA FALLS PAM� BONDS; dated August 15, 1914, due forty years from their date, but redeemable at the option of the City at any time after ten years from their date; bearing 5% interest; being for the total principal sum of 420,000.00, and of which amount there is now outstanding and unpaid the sum of w10,000.00; both prin- cipal and interest being payable at New York City, New York, and Austin, Texas; being Bond Numbers 15 to 31, inclusive; and 33 to 35, inclusive; and, (i) CITY OF WICHITA FALLS PUBLIC CEMETERY BONDS; dated Dec- ember 1, 1916; redeemable before maturity at any time after December 1, 1926; bearing 5% interest; being for the total principal sum of ,r15,000.00 and of which amount there is now outstanding and unpaid the sum of y8,000.00; both principal and interest being payL�ble at the Office of the City Treasurer, Wichita Falls, Texas, or at the Hanover National Bank, New York, New York, at the option of the holder; being Bond Numbers 15 to 30, inclusive. And '.IHEREAS, the Board of Aldermen of the said City of Wichita Falls, Texas, considers it advisable and to the interest of said City that a series of new bonds, bearing a lower rate of interest, be issued upon the faith and credit of the City in lieu of the out- standing bonds hereinabove described; therefore, BE IT ORDAINED BY THE BOARD OF ALDERIM OF THE CITY OF WICHITA FALLS, TEXAS: I. That it is deemed necessary to issue the bonds of the City of Wichita Falls, 'Texas, in the principal sum of SIXTY-ONE THOUSAND DOLLARS (461,000.00), for the purpose of refunding, cancelling and in lieu of a like amount of the following described bonds heretofore is- sued and now outstanding against said City, to -wit: :395 A i.io unt Purpose Date Numbers Outstanding Street Imp. 4-10-10 29 to 35, incl. 3,500.00 Street Imp. 11-15-12 19 to 24, incl. 3,000.00 Street Imp. 6- 1-16 15 to 20, incl.; 25 to 30, incl.; 39 to 58, incl.; 63 to 73, incl.; 80 22, 000.00'\ Sewerage 1- 1-08 44 to 48, incl. 2,500.00t-,, Sewer 11-15-12 16 to 20, incl. 2,500.001\ Fire Station 8-15-14 9 to 15, incl. 3,500.00 Joint County and City Hospital 5- 1-14 19 to 30, incl. 6,000.00N, Park 8-15-14 15 to 31, incl.; 33 to 35, incl. 10,000.00A Public Cemetery 12- 1-16 15 to 30, incl. 8,000.001 Total----------------------- 61,000.00 II. That said refunding bonds shall be called "CITY OF WICHITA FALLS GENERAL IbTROVEMENT-REFUNDING BONDS, SERIES 1 OF 1928;" shall be numbered consecutively from One (1) to Sixty -One (61), inclusive; shall be of the denomination of ONE THOUSAND DOLLARS (41,000.00) each, aggre- gating in amount SIXTY-ONE THOUSAND DOLLARS (w61,000.00). III. That said bonds shall be dated the FIFTEENTH DAY OF FEBRUARY, 1928, and shall become due and payable, serially, according to the fol- lowing schedule: BOND NUMBERS IdATURITY DATES AMOUNTS 1 February 15, 1929 �1,000.00 2 and 3 February 15, 1930 2,000.00 4 IT 5 February 15, 1931 2,000.00 6 If 7 February lb, 1932 2,000.00 8 it 9 February 15, 1933 2,000.00 10 to 12, incl. February 15, 1934 3,000.00 13 If 15, " February 15, 1935 3,000.00 16 If 18, " February 15, 1936 3,000.00 19 it 21, " February 15, 1937 3,000.00 22 it 24, " February 15, 1938 3,000.00 25 if 27, " February 15, 1939 3,000.00 28 IT 30, " February 15, 1940 3,000.00 31 if 33, it February 15, 1941 3,000.00 34 It 37, " February 15, 1942 4,000.00 38 it 41, if February lb, 1943 4,000.00 42 IT 45, T February 15, 1944 4,000.00 46 if 491 " February 15, 1945 4,000.00 50 ° 53, if February 15, 1946 4,000.00 54 " 57, It February 15, 1947 4,000.00 58 it 61, it February lb, 1948 4,000.00 IV. ' That said bonds shall bear interest at the rate of FOUR AND ONE-HALF PER CENT (41-27o) per annum, payable AUGUST 15, 1928, and semi- annually thereafter on FEBRUARY FIFTEENTH and AUGUST FIFTEENTH, in each year. V. That the principal of, and interest on, said bonds, shall be payable in lawful money of the United States of America, upon presenta- tion and surrender of bonds or proper coupons at the HANOVER NATIONAL BANK, NEIV YORK, N. Y. q 396 VI. That each of said bonds shall be signed by the 1ayor of the City of Wichita Falls, and countersigned by the City Clerk, and the -- corporate seal of the "CITY OF ',.ICHITA FALLS" shall be impressed upon each of them. VII. That the facsimile signatures of the Mayor and the City Clerk may be lithographed upon the interest coupons attached to said bonds and shall have the same effect as if they had been signed by them. VIII. That said bonds shall express upon their face the purpose for which they are issued; that they are issued under and in strict con- formity with the Constitution and laws of the State of Texas, particu- larly Section 75, of the Charter of the City of Wichita Falls, and in pursuance of an ordinance of the Board and the form of each of said bonds shall be substantially as follovis: No. UNITED STATES OF AMERICA, jl,000.00 STATE OF TEXAS, COUNTY OF '�ICHITA. CITY OF WICHITA FALLS GENERAL IIvTROVEICNT RE- FUNDIiNIG BOND, SERIES 1 OF 1928. CITY OF WICHITA FALLS, a municipal corporation of the State of Texas, acknowledges itself indebted to and, for value received, hereby promises to pay to bearer the sum,of ONE THOUSAND DOLLARS (91,000.00), in lawful money of the United States of America, on the FIFTEENTH DAY OF FEBRUARY, 19 , with interest thereon from the date hereof at the rate of FOUR AND ONE=HALF PER CENT (4 1-2;o) per annum, payable on the 15TH DAY OF AUGUST, 1928, and semi-annually thereafter on the FIFTEENTH DAY OF FEBRUARY and the FIFTEENTH DAY OF AUGUST, in each year, as evidenced by the coupons hereto attached, until the principal sum is paid. BOTH PRINCIPAL AND INTEREST of this bond are hereby made payable at the HANOVER NATIONAL BAND, NE'J YORK, N. Y., upon presenta- tion and surrender of this bond and the coupons hereto attached, as they respectively mature. THIS BOND is one of a series of Sixty-one (61) serial bonds, of like tenor and effect, except as to maturity, dated the FIFTEENTH DAY OF FEBRUARY, 1928, numbered from One (1) to Sixty-one (61), in- clusive, all of said bonds being of the denomination of ONE THOUSAND DOLLARS (w1,000.00) each, aggregating in amount SIXTY-ONE THOUSAND DOLLARS (y61,000.00), and is issued for the purpose of refunding, can- celling, and in lieu of an equal amount of the existing bonded indebt- edness of said City. THIS BOND is issued under and in strict conformity with the Constitution and laws of the State of Texas, and particularly Section 75, of the Charter of the City of k,ichita Falls, Texas, and in pursuance of an ordinance duly adopted by the Board of Aldermen of the City of Wichita malls, Texas, and recorded in the IIinutes of said Board. --� IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that all acts, conditions and things necessary to be done precedent to aiid in the issuing of these bonds, in order to make them legal, valid and binding obligations of said City, have been done, happened and per- formed in regular and due form, as required by law; that the holder or holders of this bond, or the series of which it is a part, are and shall be subrogated to all the rights and privileges against said City had and possessed by the holders of the original bonds; that the faith credit and resources of said City are hereby irrevocably pledged for the prompt payment of the principal and interest of these bonds at maturity; that due provision has been made for levying and collecting annually by taxation an amount sufficient to pay the interest on these bonds as it falls due, and to provide a sinking' fund for the final redemption of said bonds at maturity; and that the issue of bonds of which this is one, together with all other indebtedness of said City, is within every debt and other limit prescribed by the Charter of said City and the Constitution and laws of said State. IN WITNESS WHEREOF, the Board of Aldermen of the City of Wichi,a Falls, Texas, has caused the seal of said City to be affixed hereto, and this bond to be signed by the Mayor, and countersigned by the City Clerk, and the interest coupons hereto attached to be executed by the lithographed facsimile signatures of said Mayor and City Clerk, as of the FIFTEENTH DAY OF FEBRUARY, 1928. Mayor, City of ti'Vie i a Falls, Tex. COUNTERSIGNED: City Clerk, City of WichitaFallli, Texas. IX. That the form of interest coupon shall be substantially as follows: No. ON THE FIFTEENTH DAY OF AUGUST v� (or FEBRUARY, as the case may be), 19 THE CITY OF WICHITA FALLS, a municipal corporation of the State of Texas, hereby promises to pay to bearer, at the HANOVER NATIONAL BANK, NEW YORK, N. Y., the sum of DOLLARS ( ), in lawful money of the United States of America, being six months' interest on the "CITY OF WICHITA FALLS GENERAL IMPROVEMMIT REFUNDING BOND, SERIES 1 OF 1928," No. , dated February 15, 1928. City Clerk. X. mayor. That the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER; Q 0 STATE OF TEXAS. Q REGISTER NO. 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 that it is a valid and binding obligation upon said City of I.:ichita Falls, Texas, and said bond has this day been registered by me. 398 WITNESS IdY HAND and seal of office, at Austin, Texas, this the day of 1928. Comptroller of Public Accounts of the State of Texas. XI. BE IT FURTHER ORDAINED BY THE BOARD OF ALDEM EN OF THE CITY OF WICHITA FALLS, TEXAS: That, for the purpose of paying the interest on said bonds and creating a sinking fund sufficient to discharge and redeem them at maturity, a tax of ONE CENTS (.01�) on each One Hundred Dollars, valu- ation of all taxable property in the City of 1kichita Falls, Texas, or such an amount as may at all times be legally necessary, shall be an- nually levied on said property and annually assessed and collected until said bonds and interest are paid; and the said tax of One CENTS (.Old) is here now levied for the current year, and such an amount as may at all times be legally necessary is here now levied for each succeeding current fiscal year while said bonds are outstanding, and such an amount shall be assessed and collected at the time and in the manner prescribed by law for the assessment and collection of other ad valorem taxes in the City of Wichita Falls, Texas, and shall be used and devoted to the purpose herein stated, provided, that to pay the interest on said bonds maturing August 15, 1928, there is hereby ap- propriated the sum of ONE THOUSAND THREE HUNDRED SEVENTY-TWO DOLLARS AND FIFTY CENTS ($1,372.50), out of sums now in the Treasury and to be in the Treasury from taxes collected for the current year, and the City Treasurer is hereby authorized, ordered and directed to place said amount to the credit of this series of bonds, and the said amount shall be applied to the purpose stated and none other. XII. BE IT FURTHER ORDAI17LD BY THE BOARD OF ALDERI1,N OF THE CITY OF WICHITA FALLS, TEXAS : That by reason of the public importance of this measure, it is deemed necessary and advisable that the requirement of. reading ordinances on three separate days before final adoption be dispensed with as auth- orized by Section 37, of the Charter of said City, and such requirement is here and now dispensed with by unanimous vote of all the members of the Board of ldermen. PASSED AND :"APPROVED on this the 20th day of 'ebruary, 1928. --ayor, City of Wichita Fails, Texas. ATTEST: City Clerk, City of 1,4'icHita Fa s, Texas. gloved by Alderman Bones that the ^.ayor be authorized to execute a note payable in one year from February 6th, 1928, to the _lam` orth Texas Furniture Company in the amount of 44,359.00 to cover the cost of linoleum furnished the new auditorium. X lotion seconded by .lderman Carter and carried. i 1,1Ioved by Alderman King that the following resolution be adopted. Notion seconded by Alderman Carter and carried by the fol- lowing vote: Yeas Aldermen Jones, Hunt, Curd, King and Carter. Nays: None. RESOLUTION A RESOLUTION FIXING THE PRICES OF UNSOLD LOTS IN RIVERSIDE CEIuIETERY, AUTHORIZING THE 1,TAYOR TO EXECUTE DEEDS TO SUCH LOTS TO THE PURCHASERS THEREOF UPON RECEIPT OF PRICES-MIEREIIJ FIXED; ALSO RATIFYING AND CONFIRMING ANY AND ALL DEEDS HERETOFORE EXECUTED BY THE MAYOR OF THE CITY OF WICHITA FALLS, CONVEYING LOTS IN SAID CE11ETERY 1'iHICH BELONG TO THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, THE BOARD OF ALDERMAN OF '111E CITY OF WICHITA FALLS deems it advisable at this time to fix the prices to be charged for the unsold lots in Riverside Cemetery; and, WHEREAS, the Mayor of the City of Wichita Falls is the proper person to execute deeds covering such lots to the purchaser thereof, and, WHEREAS, the '4ayor of the City of Wichita Falls has heretofore executed certain deeds and conveyances conveying lots in said cemetery to the purchasers thereof, with the consent of the said Board of Alder- men, but without formal action thereon; therefore, BE IT RESOLVED BY THE BOARD OF i:LDERTAEN OF THE CITY OF ICHITA FALLS, TEXAS: SECTION 1: That the list attached hereto containing a complete statement of all unsold lots in Riverside Cemetery and setting forth the price to be charged therefor, is hereby adopted and made a part hereof, and the prices therein set forth being the reasonable market price of said lots at this time, such prices are hereby established and fixed until such time as the Board of Aldermen shall consider it necessary to change such prices. SECTION 2: That the Mayor of the City of Wichita Falls, Texas, is hereby authorized and it shall be his duty to execute proper deeds and conveyances conveying such lots to the purchasers thereof upon the payment of the prices fixed in said list. SECTION 6: That all deeds and conveyances :ieretofore executed by the llvayor of the City of Wichita Falls conveying lots in said Riverside Cemetery to the purchasers thereof, are hereby ratified and confirmed. PASSED AND APPROVED this 20th day of February, A. D. 1926. Moved by Alderman King that the application of the owners of land adjacent to and abutting on Fifteenth Street between the East line of Scott Avenue and Wichita Valley Railway main line of track for the closing of that portion of 15th Street lying in this area be received and a public hearing be held in the Council Room in the ?*emorial Audi- torium Building at 7:30 P. M. 11arch 5th, 1928, for the purpose of hearing protests. 'otion seconded by Alderman Curd and carried. 400 Moved by Alderman Carter that the owners of curb gasoline pumps between the center of Seventh Street and the Center of Tenth Street and the alley between Ljmar and Travis Streets and the Fort ,— Worth & Denver Railway tracks be given thirty days additional time —' for moving said pumps from March 1st and that the City Clerk be in- structed to give them official notice to move their pumps on or be- fore April 1st, 1928. Said notice to be sent to each individual or firm by registered mail. Motion seconded by Alderman Curd and carried. Moved by Alderman Curd that the meeting be adjourned. :'Sotion seconded by Alderman Jones and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 27th day of February, 1928. nayor 40