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Min 10/15/1928k .i 1 3' °.1 i7ichita Falls, Texas. Memorial Auditorium Building, October 15th, 1928. The Board of Aldermen of the City of Wichita Falls met in regular session on the above date with the following members present: J. W. Akin, Mayor, J. t, . Hunt, Q Oral Jones, Q A. W. King, Q Aldermen, Roy E. Carter, Q J. H. Patton, Q G. D. Fairtrace, City Manager, E. McBroom, City Clerk, Thelbert Martin, City Attorney. The Minutes of the previous meeting were read and approved. Moved by Alderman Jones that the 14ichita Falls Traction Com- pany be permitted to extend Bus service over the following streets: '�xjcicx3r.�xsxx���x�Txh'rom Eighth and Indiana south on Eighth to Eleventh; ;;eat on Eleventh to Brook; South on Brook to Speedway; ',lest on Speedway to Harrison; North on Harrison to Elizabeth; East on Elizabeth to Brook, returning over same route as outbound. ' 1xax­kx4xxraiczx-1n .To change Holliday line from Eleventh to Twelfth, continuing out Indian. from Eleventh to Twelfth, and out Twelfth to Holliday, returning same way.11 Motion seconded by Alderman Carter and carried. ORDINANCE N0.1004 All ORDINANCE AI,DMDIITG SECTION 8 OF ORDINANCE 110. 340, P-SSED BY THE BOARD OF ALDERMEN OF THE CITY OF IOICHITA FALLS ON TEE LOTH DAY OF JANUARY, 1921, AS AMENDED BY ORDINANCE 770, PASSED AND APPROVED MAY 17TH 1926, ENTITLED: "Ali ORDINANCE CREATING THE EXAMINING AND SU_T'ERVISING BOARD OF PLUMBERS, DESIGNATING THE MEMBERS THEREOF, AND PRESCRIBING THEIR POWER AND DUTIES AND TERM OF OFFICE; PROVIDING FOR THE LICENSING OF PLUMBERS, AND THE GIVING OF INDEMNITY BONDS BY PERSONS, FIRTHS OR CORPORATIONS, ENGAGED IN THE BUSINESS OF PLUMBING IN THE CITY OF WICHITA FALLS, TEXAS, AND SETTING FORTH THE RULES, REGULATIONS, MANNER AND WAY IN WHICH PLUMBING WORK SHALL BE DONE; THE KIND AND CLASS OF 13ATERIALS TO BE USED IN SUCH 4 RK, THE INSPECTION OF PLUMBING AND ALSO SCALE. OF FEES FOR SUCH INSPECTIONS: DEFINING THE POWER AND DUTIES OF THE CITY ENGINEER AND INSPECTOR OF PLUMBING, AND REGULATING PERT ITS FOR CERTAIN KINDS OF PLUMBING, DRAINAGE, AND COMPLETING BUILDINGS UNDER CERTAIN CONDITIONS TO BE CONNECTED WITH SANITARY SEWERS, PROHIBITING THE THROWING OF WASTES, GARBAGE, ETC., INTO THE SEWER SYSTEM, AND THE INJURY OF THE SYSTEM IN ANY 1UNNER, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT, AND REPEALING ALL ORDINANCES AND PARTS OF ORDI- NANCES IN CONFLICT WITH SAME: AND CREATING THIS AN EMERGENCY MEASURE AND SUSPENDING THE RULES AND DECLARING Ali EMERGENCY". 00 ( Idoved by Alderman Hunt that Ordinance No. 1004 be passed on its first reading. ::'otion seconded by Alderman King and carried by the following vote: Yeas: Aldermen Hunt, King, Patton, Carter and Jones. Nays: None. The mayor presented to the Board for its consideration and passage an ordinance entitled: ORDINANCE NO.1005 AN ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN THE AMOUNT OF TVA O HUNDRED FIFTY THOUSAND DOLLARS ($250,OOO.00), DESIG- NATED "CITY OF V,ICHITA FAI4LS REFUNDING BONDS, SERIES TWO, "BEARING 4-z%o INTEREST, PAYABLE SEMI- ANNUALLY, FOR THE PURPOSE OF PAYING OFF, CAN- CELLING, AND DISCHARGING A LIKE AMOUNT OF THE LEGALLY ISSUED AND OUT- STANDING INTEREST BEARING TIME WARRANTS AND INTEREST BEARING REGISTERED WARRANTS OF SAID CITY AND DECLARING AN EI,IERGENCY. The Ordinance was read in full by the City Clerk. Moved by Alderman Jones that Ordinance No. 1005 be passed on its first reading. Motion seconded by alderman Hunt and carried by the following vote: Yeas: Aldermen Jones, Hunt, Carter, Patton and King. Nays: None. MMoved by Alderman Jones that the rules requiring ordinances to be passed on three separate days be suspended and an emergency de- clared. Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Jones, Hunt, Patton, Kinb and Carter. Nays: None. Moved by Alderman Jones that Ordinance No. 1005 be passed on its final reading and be adopted as read. Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Jones, Hunt, King, Carter and Patton. Nays: None. The Ordinance follows: �$A8 ORDINANCE NO.1005 AN ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN THE A.11OUNT OF VIO HUNDRED FIFTY THOUSAND DOLLARS (�250, UOO.OU ) DESIG- NATED "CITY OF 'iiICHITA FALLS REFUNDING BONDS, SERIES TWO," BEARING 4Q/o INTEREST, PAYABLE SE1AI-ANNUALLY, FOR THE PURPOSE OF PAYING OFF, CANCELLING, AND DISCHARGING A LIKE ARSOUNT OF THE LEGALLY ISSUED AND OUTSTANDING, INTEREST BEARING, TIME WARRANTS l.ND INTEREST BEARING REGIS- TERED WARRANTS OF SAID CITY AND DECLARING AN E1ERGENCY. 17HEREAS at an election held in the City of Wichita Falls on the 28th day of August, A. D. 1928, a majority of the qualified voters, who are property tax paying voters of the City of Wichita Falls, voting at said election sustained the proposition to issue the bonds herein- after aescribed, in the principal sum of Two Hundred Fifty Thousand Dollars (4250,000.00), payable serially within and not to exceed thirty years from their date, bearing interest at the rate of 42�o per annum, payable semi-annually, and the levying of a tax to pay the interest of said bonds, and to create a sinking fund to redeem them at maturity, for the purpose of refunding, paying off, cancelling, and in lieu of a like amount of legally issued and outstanding interest bearing time warrants and interest bearing registered warrants of said city, %which warrants are fully described immediately after the ordaining clause of this ordinance. BE IT ORDAINED BY THE BOARD OF ALDERIVMH OF THE CITY OF W ICHITA FALLS , 'TEXAS : That the bonds of the city to be called "City of V,ichita Falls, Texas, Refunding ;3onds, Series Two," be issued under and by virtue of the constitution and laws of the State of Texas and the charter of the City, in the principal sum of zwo Hundred Fifty Thous- and Dollars (4250,000.00), to bear interest at the rate of 4;�,lo per annum, for the purpose of refunding, paying off, cancelling, and in lieu of the following described legally issued and now outstanding interest bearing tiiae warrants of the City of Wichita Falls, to -wit: (a) Certain interest bearing time warrants for the purpose of paying for par.: improvements as follows: (1) City of tiiichita Falls Park Improvement iarrants bear- ing 67o interest, dated April 5, 1926, originally issued for paving on Llinth Street abutting Bellevue Park, in the amount of Three Thousand Five Hundred Thirty Eight Dollars and Thirty Cents (43,068.30), of the denomination of Seven Hundred Seven Dollars and Sixty Six Cents (4707.66) each, all of which are to be funded except No. 1, which has been paid; leaving a balance of Two Thousand Eight Hundred Thirty Dollars and Sixty Four Cents (42,860.64) to be included in this issue, being described as follows: Warrant No. futurity Date Amount 2 April 5, 1928 ;707.66 3 April 5, 1929 707.66 4 April 5, 1900 707.66 5 April 5, 1931 707.66 Total Outstanding �2,b30.64 (�) City of „ichita Nulls Park Improvement Funding `„ar- rants, Series 1925, bearing Five percent (50) interest, dated August 1, 1925, originally issued in the amount of Twenty Thousand Three Hun- dred Ninety Seven Dollars and Seventy Cents (�20,397.70), of the denom- ination of One Thousand collars (�;1,000.00) each, except No. 1, which 59 was in the amount of One Thousand Three, Hundred Ninety Seven Dollars and Seventy Cents (41,397.70), and has been paid together with Nos. 2 to 15, inclusive, aggregating the sum of Fifteen Thousand Three Hundred Ninety Seven Dollars and Seventy Cents ($15,697.70), leaving an unpaid balance to be funded amounting to Five Thousand Dollars ($5,000.00), described as follows: Warrant No. Maturity Date Amount 16 to 20, inclusive search 1, 1929 ;b ,000.00 (b) Certain registered warrants heretofore issued by the City for the purpose of taking up like amounts of plain warrants issued by the city in the regular course of governmental administration, which registered warrants issued in lieu of said plain warrants are more fully described as follows: (1) Registered Interest Bearing Warrants on the General Fund as follows, to -wit: Register No. Payable To Date purpose Amount 755 J. E. Morgan 1- 3-28 Auditorium Bldg 450,000.00 756 J. E. Morgan 4-26-28 11 1' 4,751.25 757 Hamilton Company 7-18-28 Plumbing for Audi- torium Building 2,000.00 758 Voelcker & Dixon 7-18-28 Architects Service on Auditorium Building 10,017.72 759 Fuller Const. Co 7-18-28 Paving 6th, 7th, Bluff and Broad Streets 16,06 8.06 760 Volland Scenic Studios 7-16-28 Stage Equipment 24,036.50 761 North Texas Furn- iture Company 2- 6-28 Linoleum 4,359.00 762 Freear Furniture Company 2- 6-28 T' 4,545.80 763 Wichita School Supply Company 3-26-28 Auditorium Seats 4,021.54 764 Oechsner Elec. Cc 7-18-28 Fans & Fixtures 1,042.24 765 Burlington Venetian Blind Company 1-18-28 Window Blinds 1,708.Op 766 Bailey -Moline Hardware Co. 7-18-28 Fire Hose 550.00 767 Goodrich Rubber Company 7-18-28 1 T1 287.50 768 Eureka Fire Hose Company 7-18-28 t1 it 2,600.00 769 Leopold Desk Co 1- 1-L8 Office Furniture 1s368.00 770 Western Office Supply Company 2- 1-28 T1 n 464.50 771 Martin Printing Company 1-24-28 11 n 367.11 772 Seagrave Corpn 7-18-28 Fire Truck 3,165.2a Total g102,022.45 (2) Registered interest bearing Warrants on the Park Fund as follows, to -wit: Register No. Payable To Date purpose Amount 122 Alemite Lub. Cc 7- 1-28 Tree Sprayer 990.00 12Z L.E. Whitham & Cc 9-26-28 Paving First Street Abutting O'Reilly Park 2,569.60 125 Security Nat Bank 7- 1-28 Park Improvement 5,992.82 126 n 1 T1 H 7-18-28 Cemetery Land 14,000.00 127 Empire MortgageCo 7-18-28 Note 6,000.00 Total @29,5o2.4L 1 (3) Registered Interest Bearing �Arrants on the Street Fund as follows, to -wit:. Register No. Payable To Date Purpose Amount 106 First rational Bank 7- 1-28 Street Improvement ;6,576.76 157 City National Bank 7- 1-28 If it 9,437.77 158 it it If 7- 1-28 Land Note for iVew Barn Site 1,772.18 159 Elgin Street Sweeper Company 7-18-28 Street Sweeper 3,178.70 160 Security Nat'l Bank 7-18-26 Street Improvements 35,559.04 161 If r' " 7-19-28 If If 24,070.04 Total �80,594.49 Grand Total w250,000.00 RECAPITULATION OF 'iARRANTS REFUNDED Park Improvement Cdarrant s------------------------- �7,830.64 Public Buildings ----------------------------------- 132,022..45 Parks--------------------------------------------- 29,552.42 Street Improvements ------------------------------- 80,594.49 Total ';larrants Refunded ;250,000.00 II That said bonds shall be numbered consecutively from one (1) to 250, inclusive, and shall be in the denomination of One Thousand Dollars (41,000.00) each, aggregating the sum of Two Hundred i,,ifty Thousand Dollars (Q250,000.00). III That they shall be dated on the 1st day of tvovember, 1928, and shall become due and payable serially according to the following schedule: BOND :1UXJ- ERS LUTURITY DATES A-1LOUNTS 1 - 10, Inclusive January 15, 1934 410,000.00 11 - 20 if January 15, 1935 10,000.00 21 - 30 r' January 15, 1936 10,000.00 31 - 40 11 January 15, 1937 10,000.00 41 - 50 ' January lb, 1938 10,000.00 51 - 60 IT January 15, 1939 10,000.00 61 - 70 If January 15, 1940 10,000.00 71 - 80 IT January 15, 1941 10,000.00 81 - 90 IT January 15, 1942 10,000.00 91 - 100 r' January lb, 1943 10,000.00 101 - 110 It January 15, 1941 10,000.00 111 - 120 it January 15, 1945 10,000-00 121 - 130 If January 15, 1946 10,000.00 131 - 140 'r January 15, 1947 10,000.00 141 - 150 r' January 15, 1948 10,000.00 151 - 160 IT January 15, 1949 10,000.00 161 - 170 if January 15, 1950 10,000.00 171 - 180 it January 15, 1951 10,000.00 181 - 190 if January 15, 1952 10,000.00 191 - 200 It January 15, 1953 10,000.00 201 - 210 If January 15, 1954 10, 000.00 211 - 220 it January la, 1955 10,000.00 221 - 230 It January 15, 1956 10,000.00 231 - 240 It January 1L), 1957 10,000.00 241 - 250 it January 1o, 1958 10,000.00 IV They shall bear interest at the rate of 412% per annum, payable January 15, 19:50, and semi-annually thereafter on the 15th day of'July and 15th day of January of each year while said bonds or any of them are outstanding. V That the principal and interest, of said series of bonds shall be payable on presentation and surrender of bonds or proper coupons at the National Bank of Commerce, New York, New York. VI That each of said bonds shall be signed by the Mayor, counter- signed by the City Clerk, and registered by the City Treasurer, and the corporate seal of the City of Wichita Falls shall be placed upon each of them, but the fac-simile signature of the Mayor and City Clerk may be lithographed on the coupons of said bonds and shall have the same effect as they had been signed by them. VII The form of said bonds shall be substantially as follows; No. �1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS, TEXAS REFUNDING BOND, SERIES TWO the City of Wichita Falls, Texas, County of Wichita, a municipal corpor- ation, for value received hereby promises to pay to bearer hereof, on the 15th day of January, 19 , the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon, from date thereof at the rate of four and one-yhalf percent (42�/) per annum, interest payable January 15, 1930, and thereafter semi-annually on the 15th day of January and the 15th day of July of each year, prin- cipal and interest payable upon presentation and surrender of proper coupons or bonds at the National Bank of Commerce, New York, and the City of Wichita Falls is 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 interest and principle of this bond, and this series of bonds as they mature. T$IS BOND is one of a series of two hundred fifty (250) bonds, numbered from one (1) to two hundred fifty (250) both inclusive, of One Thousand Dollars (41,000.00) each, of like tenor and efreet, except as to date of maturity, aggregating Two Hundred Fifty Thousand Dollars ($250,000.OQ), issued for the purpose of refunding, paying off, can- celling and discharging a like amount of legally issued and outstanding interest bearing warrants of the City of Wichita Falls. This Bond and Series of Bonds of which it is a part is issued under the authority of the Constitution and laws of the State of Texas, and the Charter of the City of Wichita Falls, pursuant to an ordinance passed by the Board of Aldermen of the City of Wichita Falls, duly recorded in the minutes of said Board of Aldermen. The Date of this bond, in conformity with the above men- tioned ordinance is November 1, 1928. IT IS HEREBY CERTIFIED bND RECITED AND REPRESENTED THAT all acts. conditions and things necessary to be done precedent to and in the issuance of these bonds in order to make them legal, valid and binding obligations of the City have been done, happened and performed in regular and due time and manner tts required by law; that the holder or holders of this bond and of any of the series of which it is a part, in adaition to all other, shall be subrogated to all the rights and privileges against said city had and possessed by the holders of the original warrants; that due provision has been made for levying, as- sessing and collecting annually by taxation an amount sufficient to pay the interest on this bond and on this series of bonds as it be- comes due, and to provide a sinking fund for the final redemption of said bonds at maturity; that the issue of bonds, of which this one, together with all other indebtedness of said city is within every debt and other limit prescribed by the Constitution and laws of the State and by the Charter of the City. IN '4ITNESS WHEREOF the City of Wichita Falls, by its Board of Aldermen, has caused its corporate seal to be signed hereto, and this bond to be signed by its Mayor, counter -signed by its City Clerk and registered by its Qity Treasurer, and the interest coupons hereto attached to be executed by the lithographed signature of the ;:Mayor and City Clerk. Mayor, City of Wichita Fails, Texas. COUNTERSIGNED: City Clerk, City of Wichita Fa s, Texas. NO. REGISTERED: City Treasurer, City of Wichit Falls VIII THE FORM OF THE coupons shall be substantially as follows: Dv- THE 15TH DAY OF 19 the City of '„ichita Falls, Texas, will pay to bearer at the National Bank of Commerce, New York, New York, the sum of Dollars in lawful money of the United States of America, einng months interest on the City of ',Jichita Falls Refunding Bond, 5er es Two, dated , 1928, No. Cdty Clerk 1;ayor IX SUBSTAIJTIALLY the following certificate shall be printed on �-4,\ the back of each bond: OFFICE OF THE COMPTROLLER Q STATE OF TEXAS 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 law and constitution of the State of Texas, and the Charter of the City, and it and binding obligation of said City of Wichita Falls, Texas, and that this bond has this day been registered by me. WITNESS my hand and seal of office, Austin, Texas, this the day oT 1928. Comptroller of public Accounts of the State of Texas. X That while said bonds or any of them are outstanding and un- paid, there is hereby ordered that it be annually levied, assessed, and collected in due time, form and manner, tax upon all taxable; property in the City of Wichita palls, sufficient to pay the current interest on said bonds and to create a sinking fund for thefirst year, tiiere is hereby levied for the current year a tax of and at the rate of five cents on each One Hundred Dollars (4100.00) valuation of taxable prop- erty in said City, aria while said bonds or any of them are outstanding and unpaid, a tax for each year at such rate, or so much thereof or in addition thereto, as will be ample and sufficient to provide funds to pay the interest on said bonds and to provide the sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year respectively while said bonds or any of them are outstanding or unpaid, and the said tax shall each year be assessed and collected and applied to the payment of interest there- on and the principal of said bonds for which purpose the Treasurer shall honor warrants against said fund and for no other purpose. All moneys to the credit of the various interest and sinking funds of the several interest -bearing time warrant issues included in this refunding bond issue are hereby ordered transferred to the interest and sinking funds of this bond issue. All taxes heretofore levied and in the process of collection for said issues are hereby ordered trans- ferred when collected to the credit of this issue of bonds. XI J. W. Akin, Mayor of the City of Wichita Falls, shall take and have charge of the record and the bonds pending their examination and approval by the Attorney General and registration by the Comptroller, and he is hereby authorized to do any and all things necessary to secure said approval, registration and exchange. . After the record and the bonds have been approved the Mayor is authorized to leave the bonds in the office of the Comptroller, pending the exchange for the original warrants and pending their registration, which exchange may be affected at one time or in installments. XII All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby expressly repealed in so far as they conflict herewith. a valid 00, XIII The fact that the indebtedness hereby funded is drawing a greater rate of interest and that the various creditors of the City are anxious and insisting that parts of the warrants hereby funded be paid and the relief assured by this ordinance designates this as an emergency measure to provide for the continued and usual daily operation of all the municipal departments, demanding that the char- ter provision requiring ordinances to be considered and read three several bays, be suspended, and this ordinance shall become effective immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED this 15th day of October, A. D. 1928. Moved by Alderman carter that the meeting be adjourned. „lotion seconded by Alderman King and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 22nd day of October, 1928. 565