Min 02/04/1921 (2) •
Then there came before the Board for its third reading and
final passage an Ordinance No.3O8.
"AN ORDINANCE CONFIRMING CONTRACT BETWE1Z THE CITY OF WICHITA
FALLS AND C. H. NICHOLS, CONTRACTOR, FOR THE FURNISHING OF MATERIALS
AND LABOR IN THE CONSTRUCTION OF A COMPLETE SEWER SYSTEM IN AND FOR THE
CITY OF WICHITA FALLS: PROVIDING THE METHOD OF PAYMENT FOE SAID MATERIALS
AND WORK BY THE ISSUANCE OF WARRANTS AND BONDS: PROVIDING FOE THE LEVY OF
A TAX TO PAY THE INTEREST THEREON AND THE CREATE A SINKING FUND FOR THEIR
REDEMPTION AT MATURITY: AND DECLARING AN EMERGENCY".
Moved by alderman M. 0. McDowell seconded by Alderman W. S.
Curlee that the ordinance be read in full.
Motion carried and the City Clerk read the ordinance in full.
Moved by Alderman M. 0. McDowell, seconded by Alderman W. S
Curlee that the ordinance be finally passed.
ayes: M. 0. McDowell, W. S. Curies, W. N. Bonner, W. G.Bralley,
J. M. McFall.
Mayes: None.
The Ordinance Follows:
"AN ORDINANCE
CONFIRMING CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND C.R.
NICHOLS, CONTRACTOR FOR THE FURNISHING OF MATERIALS AND LABOR IN THE
CONSTRUCTION OF A COMPLETE SEWER SYSTEM IN aND FOR TEE CITY 01' WICHITA
FALLS: PROVIDING THE METHOD OF PAYMENT FOR SAID MATERIALS AND WORK BY
THE ISSUANCE OF WARRANTS AND BONDS: PROVIDING FOR THE LEVY OF a TAX TO
PAY THE INTEREST THEREON AND TO CREATE A SINKING FUND FOR THEIR REDEMPS
TION AT NATUHITY: AND DECLARING AN EMERGENCY".
WHEREAS, the Board of Aldermen of the City of Wichita Falls,
Texas, has heretofore determined the necessity for the construction of
sewer improvements within and for the said City, and on the 21st day
of February 1920, entered into contract with U. H. Nichols, of said
Wichita County and State of Texas, for the construction of certain sewer
improvements in and for said City, as in hereinafter more fully set out;
and,
?MMF S, certain changes have been agreed upon in the plans
and specifications, and said specifications and the contract hereinbefore
referred to changed and modified in the matter of the method of the pay-
ment of the contractor and the rate of interest the evidenoes of the
indebtedness issued to the Contractor shall bear, and other ohanges,which
changes and modifications have been agreed upon, in writing, by and bet-
ween the parties hereto, after approval by the Board of Aldermen, said
changed or modified contract being in words and figures as follows, to-
wit:
f# #########
The Board of Aldermen then adjourned.
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Friday, February 4,1921.
The Board of Aldermen of the City of Wichita Fails, Texas, met
in regular adjourned session on the above date with the following present;
W. D. Cline, Mayor
W. S. Curlee
W. G. Bralley 9
R. E. Shepherd 1 aldermen
W. N. Bonner p
M. 0. McDowell 0
Geo. W. Thorburn, City Clerk.
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Among other proceedings the following were had:-
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moved by Alderman Bralley, seconded by Alderman Curlee that
following resolution be passed.
motion carried by following vote:-
Yeas: Bralley, Curlee, Shepherd, M Dowell, Bonner.
Nayes: None.
iiESOLUTION
1. That whereas, the Sanitary Sewer Outlet construction is in-
cluded in the work contemplated in a certain contract with C. A. Nichols
dated day of 1920 and is not "Extra Work", and
2. Whereas, the larger portion of the outlet construction is
not covered by prices in the contract, and
3. Whereas, since the price for only a small portion of this
construction is provided in the contract, and it is the opinion of the
Board of Aldermen that the proper rule to be applied in paying for this
said work would be the amount that it is reasonably work, and
4. Whereas, the City has received the following bids for the
total construction and completion of the said work, to-wit:
(a) Wichita malls Pairing Co., N18,600.00
(b) J. C. Paskins 18,506.00
(c) L. E. Whitham 18,085.00, and
5. Whereas, the City deems it advisable and proper to notify
the contractor, C. E. Nichols, what it considers the reasonable amount
that the total construction is worth, and the amount for which the City
can get the said work done, and
6. Whereas, the Board of Aldermen deems it imperative that this
outlet construction should be prosecuted and completed at the earliest
possible date, before the spring rains, floods, and other weather con-
ditions interrupt and delay the said outlet construction,
Now Therefore, be it resolved by the Board of Aldermen of the
City of Wichita Palls, that,
It deems the total construction of said work to be reasonably
worth the sum of eighteen thousand five hundred dollars (?18,500.00)
and will expect said C. n. Nichols, Contractor, to do said work for said
amount and hereby orders the City rjngineer to instruct said C.A.Nichols
in writing to begin construction of said work within ten (10) days from
date of notice, and to him that he will be paid the above mentioned sum
for said work; and in the event the said C.A.iiichols fails br refuses to
comply with said instructions and notice within the time mentioned, that
the City will have said work done as it deems proper and to the best
advantage, and the City will assume and does state that if said C. A.
Nichols does not begingwork within ten (10) days from date of notice he
does not care to and will not do said work and waives all claims that
he may have under his contract for doing said work.
The board of aldermen then adjourned.
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State of Texas
Countt of Wichita # I, w. E. Mcnroom City Clerk of the City of Wichita
Palls, Texas, hereby certify thatthe foregoing is a true and correct
copy of minutes had in minute nook 6, of the records of Minutes log in
the City Clerk office. Witness mylhand and official seal of the city
this day of 1923.
Ur Y CI,EttK