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Ord 1753 3/26/1956OFFICE MEMO TO Dale THE STATE OF TE:AS C0t172Y OF WICHITA CITY OF WI6HITA FALLS On this the 26 day of March , 1956, the Borird of Aldermena of the City of tichita Falls, Texas, convened in regular meett-ti7 at t' a re,.;'lar meeting place, with the following members present, to-w: ,: Lloyd Thomas, r.syor, 'toy Hyatt, • . E. .ieichmuth, • Gene Liepold, • Alderme Elie Lam, Dr. E. A:brey Cox, uac'. G. Banner, Gee. T. Henderson, City Cler,., and wit?; the followiA, absent: Mayor Lloyd C. Thomas const'.t ping a quorum, at wl:'c' time the following proceedings were had: Alderman Roy C. Hyatt presented for the. con- siderat'on of the Board an ordinance and made a mo' {on tha it be passed. The riot-on was seconded by Alderman Jack G. Banner . The ordinance was read in full by the City aerk. The motion carrying with it the passage of the ordinance prevailed :y the following vote: AYES: Aldermen Hyatt, iteichmuth, 3©m[, Cox, :nnner and :ayor Inca- .Protein Elie Lam. NOES: None. Proton The Playor announced that the ordinance had bee passed. The ordinance as passed is as follows: AN ORDINANCE NO. 1753 AUTHORIZING THE ISSUANCE OF CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS REVENUE REFUNDING BONDS, SERIES 195'~, IN THE AMOUNT OF $2 ,000.00, BEARING INTEREST A . THE RATE OF SY PER ANNUM, FOR THE PURPOSE OF REFUNDING A LIKE AMOUNT OF LEGALLY OUTSTANDING WATERWORKS REVENUE BONDS OF SAID CITY; AUTHORI[ING THE EXECUTION AND DELIVERY OF A SUPPLEMENTAL DEED OF TRUST SUPPLEMENTING THE DEED OF TRUST SECUR- ING SAID ORIGINAL ISSUE OF BONDS AND PRES•', IBING THE DUTIES OF THE CITY OFFICIALS AND OF THE COMPTROLLER OF PUBLIC ACCOUNTS IN REFERENCE TO THE EXCHANGE OF SAID BONDS. WHEREAS, on llth day of May, 1944, the Board of Aldf° of the City of •Wichita Falls, Texas, passed an ordinance authorizing the issuance of .3,000,000.00 of bonds, to-wit: (a) $1,000,000City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 1, dated May /, 1944, numbered from 1 to 1,000, both inclusive, of the denomination of 1,000.00 each, bearing interest at the rates as follows: Bonds Nos. 1 to 450, both incl., 3% per annum; Bonds Nos. 451 to 1000, " " 3410 per annum, and maturing serially on April 1st each of the years 1945 to 1960, both in- lusive; and (b) $2,000,000 City of Wichita Falls, Texas, First Mortgage Waterworks 6ystem Revenue Improvement Bonds, Serves 2, dated 'day 1, 1944, numbered from 1 to 2,000, both inclusive, of the denomination of $1,000.00 each, bearing interest at the rate of 2-3/4% per annum, and mati.ring serially on April 1st each of the years 1945 to 1979, both inclusi✓e;and WHEREAS, for the purpose of paying and securing the pay- ment of said above described bonds, said City pledged the revenues of is waterworks system and executed to the City National Bank in Wichita Falls, Wichita Falls, Texas, a deed of Trust dated May 1, 1944, creating a lien gainst all of the waterworks system properties and income. Said Deed of Oust is in the form attached to said ordinance and is recorded in Vol. 27, page 5.', et seq. of the Deed of Trust Records of Archer County and Vol. 162, page 5, et seq. of the Deed of Trust records of Wichita County; and WHEREAS, on the 14th day of July, 1947, the Board of Aldermen of the City of 4ichits Falls, Texas, passed an ordinance authorizing ,.he issuance of City of ..ichita Fulls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 1947, dated June 1, 1947, numbered from One (1) to Five Hundred (500), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Five Hundred Thousand ($500,000.00) Dollars, bearing interest at the rate of Two and Three-fourths (2-3/4%) per cent per annum, and maturing serially on April lat each of the years 1950 to 1979, both inclusive; and WHEREAS, for the purpose of paying and securing the pay- ment of said above described bonds,. said City pledged the revenues of its waterworks system and executed to the City National Bank in Wichita Falls, Wichita Falls, Texas, a Supplemental Deed of Trust dated June 1, 1947, creating a lien against all of the waterworks system properties and income. Said Supplemental Deed of Trust is in the form attached to said ordinance ' and is recorded in Vol. 30, page 24 , et seq. of the Deed of Trust Records • of Archer County and Vol. 191, page 323, et seq. of the Deed of Trust Records of Wichita County; and • WHEREAS, after said bonds had been executed, approved 1 he A'.torney General of the State of Texas, registered in the office of Comptroller of Public Accounts, and authenticated by said Trustee, they were duly sold and delivered, and of said Series 1 Bonds above described Two Hundred Eighty Eight Thousand ($28i3,000.00) Dollars thereof are now outstand- ng and unpaid; and WHEREAS, the City now has an option to redeem at a price of par and accrued interest, Bonds Numbers Seven Hundred Thirteen (713) to One Thousand (1,000j, both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Eighty Eight Thousand ($2f' ',000.00) Dollars; and WHEREAS, it is considered to be to• the best interest the City that said bonds be called for redemption; and e 6 • • WHEREAS, the Board of Aldermen has taken such steps as are legally necessary as required in the ordinance authorizing the issuance of said bonds and as required in the bonds themselves to exercise its option of redeeming said bonds prior to maturity and has given such notice as is thus required; and WHEREAS, the Board of Aldermen deems it advisable and o the best interest of the City to issue refunding bonds having identical provisions except that they shell bear interest at the rate of Two and one- )alf (21%) per cent per annum; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That for the purpose of refunding Two Hundred Eighty Eight Thousand ($288,000.00) Dollars of bonds, numbers Seven Hundred Thirteen (713) to One Thousand (1,000), both inclusive, of the denomination of One Thousand Dollars each, there is hereby ordered to be issued Two Hundred Eighty Eight Thousand ($288,000.00) Dollars of coupon bonds, to be known as "City of Wichita Falls, Texas, First Mortgage Waterworks Revenue Refunding Bonds, Series 1956", to be dated April 1, 1956; numbered consecutively from One (1) to Two Hundred Eighty Eight (288), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, and to bear interest from their date at the rate of Two and one-half (2i) per cent per annum, evidenced by coupons payable October 1, 195(, and semi-annually thereafter on April 1st :nd October 1st of each year, said refunding bonds to mature as follows: BONDS NUNBERS MATURITY DATES AMOUNTS 1 to 70, both incl., April 1, 1957, $ 70,000.00 71 to 140, " " April 1, 1958, 70,000.00 141 to 214, " " April 1, 1959, 74,000.00 215 to 288, " " April 1, 1960, 74,000.00 2. Said Refunding Bonds and coupons shall be in sub- -lolly the following form: (FORM OF BOND) • $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS FIRST MORTGAGE WA'TP;ctWORKS REVENUE REFUNDING BOND SERIES 1956 gte The City of Achita Falls, in the County of Wichita, in State of Texas, for ,value received, hereby acknowledges itself indebteL to and _r,rorises to ?ay to the bearer, or if this bond be registered as to prr cipal, to tle registered holder hereof, as hereinafter stated, on the 1st day of April, 19 , the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date at the rate of Two and one-half (21, ) per cent per annum, payable October 1, and semi-annually thereafter on April 1st and October 1st of eac'. ;;ear, until the principal sum thereof shall have been paid, which interest is payable in lawful money of the United States of America upon presentation and surrender of proper coupons as they severally become due, both principal and interest being payable at the Mercantile National Bank at Dallas, Dallas, Texas, withoLt exchange or collection charges to the owner or holder 'aereof. Each successive holder of this bond during such time as 1t is payable to bearer, and eaci successive holder of each of the coupons hereto attached, is conclusively presumed to forego and renounce his equities in favor of subsequent holders for value without notice, and to agree tl.at t is bond while so payable to bearer, and each of the coupons hereto attached, may be negotiated by delivery by any person having possession hereof, howso- ever such possession may have been acquired, and that any holder who shall have taken this bond or any of the coupons from any person for value and with- out notice, thereby has acquired absolute title thereto, free from any de- fenses enforceable against any prior holder ana free from all equities and claims of ownership of any such prior holder. Neither the City of .,ichita Fal nor its officials nor the paying agent hereinabove named shall be affected by any notice to the contrary. At the option of the holder this bond may be registered as to principal at the office of the City Clerk in the City of Wichita Falls, State of Texas, and such registration noted hereon by the City Clerk, as Registrar. After s• ch registration, upon delivery to the City Cler.: of a written instrument of transfer, in the form approved by the City of ;ichita Falls, executed by the registered holder in person or by his attorney there- unto duly authorized, this bond may be transferred, and such transfer shall be similarly noted hereon, and no transfer hereof shall be valid, unless so made; but this bond may be discharged from registration by being in like manner transferred to bearer, and thereupon transferability by delivery shell be restored, end this bond may again from time to time be registered or transferred to bearer as before. No such registration shall affect the negotiability of the coupons appertaining hereto, which shall continue to be transferable by delivery merely, and shall remain payable to bearer. This bond is one of a series of bonds of like tenor and effect, except es to number and maturity, numbered from One (1) to Two Hundred Eighty Eight (2`38), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Eighty Eight Thousand ($2;a,000.00) Dollars, issied by the City of Wichita Falls, Texas, for the purpose of• refunding, cancelling and in lieu of a like amount of outstanding waterworks revenue bonds, in accordance with the Constitution and laws of the State of Texas and pursuant to an ordinance passed by the Board of Aldermen duly recorded in the minutes of said Board. The date of this bond in conformity with the ordinance above mentioned is April 1, 1956. The principal end interest of this bond and the series of which it is a part , City of ..ichita Falls, Texas, First Mortgage Water- works System Revenue Improvement Bonds, Series 2, dated May 1, 1944, and City of • ichita Falls, Texas, First t•;ortgage Waterworks System Revenue Improvement Bonds, Series 1947, dated June 1, 1947, are ratably secured by an exclusive first pledge of the net revenues of said Waterworks System and are additionally secured by a closed first lien Deed of Trust dated May 1, 1944, Supplemental Deed of Trust dated June 1, 1947, and Supplemental Deed of Trust dated April 1, 1956, on said system, end the franchise and income thereof and everything pertaining thereto, acquired or to be acquired. This bond sad the series of which it is a port constitute special obligations of said amity, and the holder stall never }gave t]a rigs:t to demand payment hereof ott of moneys raised or to be raised by taxation. This issue of bonds, the Series 2 Bonds and the aeries 11,7 Bonds, are of equal dignity in all respects. AND I' IS IEREBY CERTIFIED AND RECITED that the issuance of t}is bond, and the series of which it is a part, is•duly authorized by law and t at all acts, conditions and t'ings required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid, have been properly done, have happened and have been performed in rcj_lar and due time, forn and manner, as required by the Constitution and laws of the State of Texas, and the ordinance hereinabove mentioned, and that t}:is series of bonds does Lot exceed any constitutional or statutory limi- tation and that pro,ision :las been made for the payment of the principal of avid the Interest on this bond and the series of which it is a part by irrevocably pledging the revenues of said Waterworks System of said City of Wichita Falls, Texas. II. TESTIMONY WHEREOF, the City of Wichita Fells, Texas, has caused its corporate seal to be affixed hereto, and this bond and the annexed coupons to be executed by the facsimile signature of the .:ayor and countersigned by the facsimile signature of the City Clerk, and has caused this bond to be authent'cated by said Trustee. Mayor, City of Wichita Falls, Texas. ATTEST: City Clerk, City of Wichita Falls, Texas. (FORM OF COUPON) ON THE 1ST DAY OF , 19 The City of Wichita Falls, Texas, will pay to the bearer out of the revenues specified in te bond to which this coupon is attached at the Mercantile National Bank at Dallas, Dallas, Texas, without exchange or collection charges to the owner or holder hereof, the sum of • ($ ) Dollars, in lawful money of the United States of Ameri said sum being six months' interest due that day on "City of Wichta Falls, Texas, First Mortgage Waterworks Revenue Refunding Bond, Series 1956", bear- ing the number hereon specified, dated April 1, 1956. The holder hereof shall never have the right to demand payment of this obligation out of funds raised or to be raised by taxation. Bond No. City Clerk Mayor. (FORM OF TRUS'i'M:N;'S AUTHENTICATION CERTIFICATE) It is hereby certified that this bond is one of a series of City of .dichita Falls, Texas, First Mortgage Waterworks Revenue Refunding Bonds, Series 1956, described in the within mentioned Supplemental Deed of Trust, executed by the City of Wichita Falls, Texas, to the undersigned. Trustee BY (FORM OF COMPTROLLER'S CERTIFICATE) OFFICE OF COMPTROLLER . STATE OF TEXAS . I HEREBY CEliTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the 1 1 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 that it is a valid and binding special obligation of said City of Wichita Falls, Texas, payable from the revenues pledged to its payment by and in the ordinance authorizing same, and said bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas. (FORM OF REGISTRATION ENDORSEMENT) NOTICE: No writing on this bond except by the City Clerk, the duly designated Bond Registrar: DATA' OF REGISTRATION PT WHOSE NAME REGIS.'r.HED BOND REGISTRAR 3. That each of said bonds and interest coupons shall be executed by the imprinted facsimile signature of the Mayor and countersigned by the imprinted facsimile signature of the City Clerk and the corporate seal of the City of Wichita Falls, Texas, shall be impressed upon each of them. Such facsimile signatures shall have the same effect as manual signatures. 4. That the principal and interest on said refunding bonds shall be payable in lawfv1 money of the United States of America upon presentation and surrender of bond or proper coupon at the Mercantile National Ban' at Dallas, Dallas, Texas, without exchange or collection charges to the owner or holder thereof. 5. The refunding bonds authorized herein shall be special obligations of the City and the holder thereof shall never have the right to demand payment thereof out of moneys raised or to be raised by taxation. 6. That a Supplemental Deed of Trust in substantially the form of the instrument attached hereto marked "Exhibit A", be executed and delivered to City National Bank in Wichita Falls, Wichita Falls, Texas, Trustee. 7. That said Supplemental Deed of Trust be signed by the Mayor and attested by the City Clerk and the Corporate Seal of the City im- pressed thereon. That the Mayor be, and he is hereby authorized to have said aefundin„ Bonds printed as soon as practicable after the passage of t'. is ordinance; to take and have charge of necessary records pending invest gation and approval by the Attorney General, and shall have control of said refunding bonds during said time. After the record has been approved by the Attorney General, the Mayor is authorized to leave the refunding bonds in the office of the Comptroller pending the exchange for the original bonds and registration, which may be at one time or in installments. 9. The Comptroller shall not register said bonds except as and when there shall be surrendered to him said original bonds herein authorized to be refunded, aggregating in amounts the respective amounts of the Refunding Bonds then to be registered. The holders of said original • bonds shall be entitled to the accrued interest on the Refunding Bonds as compensation for not drawing interest. on the original indebtedness beyond date of the Refunding Bonds. 10. Said bonds shell be presented to the Trustee who shall'execute the authentication certificate appearing on the reverse side thereof. This supplemental deed of trust shall be recorded in the Deed of Trust Records in Archer and '.:ichita Counties, and a copy hereof shall be filed as a Chattel Mortgage in said Counties. 11. That all things required by law to be done in the issuance of said original bonds refunded herein have happened and been per- formed in due time, form and manner, as required by law; that the City re- ceived full and lawful value for all of said bonds refunded hereby; that all acts heretofore performed by the Board of Aldermen and by the City Officials in reference thereto are hereby expressly ratified and said original indebted- ness is hereby ratified and validated; that all acts required by law to have happened in reference to this issue of refunding bonds have happened and been performed in due time, form and manner as required by law; that this finding is made for the benefit of the holders of said original indebtedness and of said refunding bonds, and for the benefit of the Attorney General of the State of Texas. 12. In addition to all other rights, the holders of the refunding bonds herein authorized, shall be and are hereby subrogated to all the rights possessed and enjoyed by the holders of the original bonds refund- ed herein, 6f 13. The Mayor and City Clerk are hereby authorized, ordered and directed to do any and all things necessary and convenient to accomplish the purposes and objects of this ordinance, including the per- formance of all acts required of the City and of said officers by said Supplemental Deed of Trust, and by the provisions of this ordinance.e. PASSED AND APPROVED this the V 4 day of d"vG,tGelv, 1956. lie‘e; Mayor Pro 'P City of Wichita Falls, Texas. Ate_•n t _. er:, .:ity of 'c}l alls, Texas. APPROVED AS TO FOR1:: it- t:.orney, :i of Wici i.ta jails, Texas. THE STATE OF TEXAS •• COUNTY OF WICHITA THIS SUPPLEMENTAL DEED OF TRUST dated as of the 1st day of April, 1956, by and between the City of dichita Falls, Texas, a municipal cor- poration duly incorporated, organized and existing under and by virtue of the laws of the State of Texas, situated in Wichita County, Texas, hereinafter called "City", acting through its Board of Aldermen duly authorized by an or- dinance passed the 26th day of March, 1956, and the City National Bank in Wichita Falls, Wichita Fells, Texas, a corporation duly incorporated under end by virtue of the Banking Laws of the United States, hereinafter called "Trustee". WITNESSET H: WHEREAS, on the 11th day of May, 1944, the Board of Aldermen passed an ordinance authorizing the execution and delivery of a Deed of Trust to be dated the 1st day of May, 1944, to said City National Bank in Wichita Falls, Trustee, which said Deed of Trust was thereafter duly executed end delivered in the form and manner required by said ordinance, and is duly recorded in Vol. 162, pages 5, et seq., of the Deed of Trust records of Wichita County, Texas, and Vol. 27, pages 58, et seq., Deed of Trust records of Archer County, Texas, as supplemented by ordinance passed on the 14th day of July, 1947, authorizing the execution of a Supplemental Deed of Trust, dated June 1, 1947, to the said Trustee, duly recorded in Vol. 191, pages 323, etseq., of the Deed of Trust records of Wichita County and in Vol. 30, pages 248, et seq., of the Deed of Trust records of Archer County, which said Deed of Trust as supplemented is hereby referred to and made a part hereof as though fully written herein; and WHEREAS, said Deed of Trust, as supplemented, among other stipulations, created a first lien upon the real and personal property of said waterworks system and the income therefrom, for the purpose of securing payment of the following described bonds: (a) City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 1, dated May 1, 1944, numbered from 1 to 1,000, both inclusive, of the denomination of $1,000.00 each, aggregating $1,000,000.00, bearing interest at the rates as follows: Bonds Nos. 1 to 450, both incl., 13% per annum; Bonds Nos. 451 to 1000, 3i per annum, and maturing serially on April 1st each of the years 1945 to 1960, both inclusive. v r (b) City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 2, dated May 1, 1944, numbered from 1 to 2,000, both inclusive, of the denomination of $1,000.00 each, aggregating $2,000,000.00, bearing interest at the rate of 2-3/4p per annum, and maturing serially on April 1st each of the years 1945 to 1979, both inclusive; (c) City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 1947, dated June 1, 1947, numbered from 1 to 500, both inclusive, of the denomination of $1,000.00 each, aggregating $500,000.00, bearing interest at the rate of 2-3/4% per annum, and maturing serially on April 1st each of the years 1950 to 1979, both inclusive. ; and WHEREAS, all of said bonds were duly executed and issued in the form and manner required in said ordinances; were approved by the Attorney General of the State of Texas; registered in the office of the Comptroller of Public Accounts; authenticated by said Trustee and thereafter were sold and delivered in accordance with law; and WHEREAS, of said Series 1 Ponds above described, Two Hundred Eighty Eight Thousand ($288,000.00) Dollars thereof, represented by Bonds Numbers Seven Hundred Thirteen (713p to One Thousand (1,000), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, are now outstanding and unpaid; and WHEREAS, for the purpose of refunding, cancelling and in lieu of a like amount of outstanding waterworks revenue bonds, an ordinance was passed by the Board of Aldermen on the 26th day of March, 1956, authorizing the issuance of City of Wichita Falls, Texas, First Mortgage Waterworks Revenue Refunding Bonds, Series 1956, dated April 1, 1956, numbered consecutively from One (1) to Two Hundred Eighty Eight (288), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Eighty Eight Thousand ($288,000.00) Dollars, bearing interest at the rate of Two and one-half (2 ) per cent per annum, evidenced by coupons thereto attached payable October 1, 1956, and semi-annually thereafter on April 1st and October 1st of each year; said Refunding Bonds being payable at the Mercantile National Bank at Dallas, Dallas, Texas, and maturing serially as follows: BONDS NUMBERS MATURITY DATES AMOUNTS 1 to 70, both incl., April 1, 1957, $ 70,000.00 71 to 140, April 1, 1958, 70,000.00 141 to 214, " April 1, 1959, 74,000.00 215 to 2$$, April 1, 1960, 74,000.00 Said Bonds are in substantially the following form: NO. $1,000.00 UNITED STATES OF AMEERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS FIRST MORTGAGE WATERWORKS REVENUE REFUNDING BOND SERIES 1956 The City of Wichita Fails, in the County of Wichita, in the State of Texas, for value received, hereby acknowledges itself indebted to and promises to pay to the bearer, or if this bond be registered as to principal, to the registered holder hereof, as hereinafter stated, on the 1st day of April, 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 Two and one-half (214) per cent per annum, payable October 1, 1956, and semi-annually thereafter on April 1st and October 1st of each year, until the principal sum thereof shall have been paid, which interest is payable in lawful money of the United States of America upon presentation and surrender of proper coupons as they severally become due, both principal and interest be- ing payable at the Mercantile National Bank at Dallas, Dallas, Texas, without exchange or collection charges to the owner or holder hereof. Each successive holder of this bond during such time as it is payable to bearer, and each successive holder of each of the coupons hereto attached, is conclusively presumed to forego and renounce his equities in favor of subsequent holders for value without notice, and to agree that this bond while so payable to bearer, and each of the coupons hereto attached, may be negotiated by delivery by any person having possession hereof, howsoever such possession may have been acquired, and that any holder who shall have taken this bond or any of the coupons from any person for value and without notice, thereby has acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from ell equities and claims of ownership of any such prior holder. Neither the City of Wichita Falls nor its officials nor the pay- ing agent hereinabove named shall be affected by any notice to the contrary. At the option of the holder this bond may be registered es to principal at the office of the City Clerk in the City of Wichita Falls, State of Texas, and such registration noted hereon by the City Clerk, as Registrar. After such registration, upon delivery to the City Clerk of a written instrument of transfer, in the form approved by the City of Wichita Falls, executed by the registered holder in person or by his attorney thereunto duly authorized, this bond may be transferred, and such transfer shall be similarly noted hereon, and no transfer h:reaf shall be valid, unless so made; but this bond may be discharged from registration by being in like manner transferred to bearer, and thereupon transferability by delivery shall be re- stored, and this bond may again from time to time be registered or transferred to bearer as before. No such registration shall affect the negotiability of the coupons appertaining hereto, which shall continue to be transferable by delivery merely, and shall remain payable to bearer. This bond is one of a series of bonds of like tenor and effect, except as to number and maturity, numbered from One (1) to Two Hundred Eighty Eight (288), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Eighty Eight Thousand ($288,000.00) Dollars, issued by the City of Wichita Falls, Texas, for the pur- pose of refunding, cancelling and in lieu of a like amount of outstanding water- works revenue bonds, in accordance with the Constitution and laws of the State of Texas and pursuant to an ordinance passed by the Board of Aldermen duly re- corded in the minutes of said Board. The date of this bond in conformity with the ordinance above mentioned is April 1, 1956. The principal and interest of this bond and the series of which it is a pert, City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 2, dated May 1, 1944, and City of Wichita Falls, Texas, First Mortgage Waterworks System Revenue Improvement Bonds, Series 1947, dated June 1, 1947, are ratably secured by an exclusive first pledge of the net revenues of said Waterworks System and are additionally secured by a closed first lien Deed of Trust dated May 1, 1944, Supplemental Deed of Trust dated June 1, 1947, and Supplemental Deed of Trust dated April 1, 1956, on said system, and the franchise and income thereof and everything pertaining thereto, acquired or to be acquired. This bond and the series of which it is a pert J constitute special obligations of said City, end the holder shall never have the right to demand payment hereof out of moneys raised or to be raised by taxation. This issue of bonds, the Series 2 Bonds and the Series 1947 Bonds, are of equal dignity in ell respects. AND 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 that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid,have been properly done, have happened and have been performed in regular and due time, form and manner, as required by the Constitution and laws of the State of Texas, and the ordinance hereinabove mentioned, and that this series of bonds does not exceed any constitutional or statutory limitation and that provision has been made for the payment of the principal of and the interest on this bond and the series of which it is a part by irrevocably pledging the revenues of said Waterworks System of said City of Wichita Falls, Texas. IN TESTIMONY WHEREOF, the City of Wichita Falls, Texas, has caused its corporate seal to be affixed hereto, and this bond and the annexed coupons to be executed by the facsimile signature of the Mayor and countersigned by the facsimile signature of the City Clerk, and has caused this bond to be authenticated by said Trustee. Mayor, City of Wichita Falls, Texas. ArthST: City Clerk, City of Wichita Falls, Texas. (FORM OF COUPON) NO. ON THE 1ST DAY OF , 19 The City of Wichita Falls, Texas, will pay to the bearer out of the revenues specified in the bond to which this coupon is attached at the Mercantile National Bank at Dallas, Dallas, Texas, without exchange or collectia charges to the owner or holder hereof, the sum of ($ ) Dollars, in lawful money of the United States of America, said sum being six months' interest due that day on "City of Wichita Falls, Texas, First Mortgage Waterworks Revenue Refunding Bond, Series 1956", bearing the number hereon specified, dated April 1, 1956. The holder hereof shall never have the right to demand payment of this obligation out of funds raised or to be raised by taxation. Bond No. City Clerk Mayor. (FORM OF TRUSTEE'S AUTHENTICATION CERTIFICATE) It is hereby certified that this bond is one of a series of City of Wichita Falls, Texas, First Mortgage Waterworks Revenue Refunding Bonds, Series 1956, described in the within mentioned Supplemental Deed of Trust, ex- ecuted by the city of Wichita Falls, Texas, to the undersigned. Trustee BY (FORM OF COMPTRALLER'S CERTIFICATE) OFFICE OF COMPTROLLER STATE OF TEXA3 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 Constitution and laws of the State of Texae, and that it is a valid and binding special obligation of said City of Wichita Falls, Texas, payable from the revenues pledged to its payment by and in the;.erdinance authorizing same, and said bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas. FORM OF REGISTRATION ENDORSEMENT NOTICE: No writing on this bond except by the City Clerk, the duly designated Bond Registrar: DATE OF REGISTRATION IN WHOSE NAME REGISTERED BOND REGISTRAR Said Refunding Bonds after being approved by the Attorney General of the State of Texas, shall be filed with the Comptroller who shall register the same as and when there shall be surrendered to him said original bonds herein authorized to be refunded, aggregating in amounts the respective amounts of the Refunding Bonds then to be registered. Said Refunding Bonds thereupon shall be presented to the Trustee who shall execute the authenti- cation certificate thereon. NOW, THEREFORE, in consideration of the premises, and of the sum of One ($1.00) Dollar to it in hand paid by said Trustee, receipt of which is hereby acknowledged, the City of O ichita Falls hereby agrees and warrants: 1. When such Refunding Bonds shall have been authenticated by the Trustee, the said original Deed of Trust as supplemented, the lien thereof, the pledge of the revenues, and all the conditions, covenants and stipulations therein contained, shall continue in full force and effect to secure payment of said Two Hundred Eighty Eight Thousand ($288,000.00) Dollars Refunding Bonds, dated April 1, 1956, until said bonds and interest thereon are paid in full. 2. That said Refunding Revenue Bonds are special obli- gations of theCity, and the holder thereof shall never have the right to demand payment thereof out of moneys raised or to be raised by taxation. 3. That said refunding bonds are secured by a deed of trust on the same properties included in the original Deed of Trust, as supplemented, and a pledge of the same revenues, securing said original issue of bonds. 4. The said $288,000.00 of Refunding Bonds dated April 1, 1956, and the remaining outstanding bonds of Series 2 dated May 1, 1944 and the Series 1947 Bonds dated June 1, 1947, shall be of equal dignity in all respects. All rights of the holders of said issues of bonds shall continue the same as though said $288,000.00 of Series 1 Bonds had not been refunded. IN WITNESS WHEREOF, the City of Wichita Falls, Texas, acting by and through its Board of Aldermen, has caused this Supplemental Deed of Trust to be signed in its name and behalf by Lloyd Thomas, its Mayor, and its cor- porate seal to be hereunto affixed and to be attested by its City Clerk, and the said City National Bank in Wichita Falls, herein called the "Trustee" has hereunto set its signature and seal, acting through an officer thereunto duly authorized to evidence its acceptance of the foregoing trusts, the day and year first above written. CITY OF WICHITA FALLS, TEXAS BY Mayor. ATTEST: City Clerk. ACCEPTED: CITY NATIONAL BANK IN WICHITA FALLS BY Vice-President or Trust Officer. ATTEST: Cashier. THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned authority in and for Wichita County, Texas, on this day personally appeared Lloyd Thomas, Mayor, and George T. Henderson, City Clerk of the City of Wichita Falls, Texas, each known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed and in the capacity therein stated, as the act and deed of said City of Wichita Falls, Texas, a municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1956. Notary Public in and for Wichita County, Texas. (SEAL) THE STATE OF TEXAS • COUNTY OF WICHITA •• BEFORE ME, the undersigned authority, in and for Wichita County, Texas, on this day personally , Vice-President or Trust Officer, and , Cashier of the City National Bank in Wichita Falls, Wichita Falls, Texas, known to me to be the persons whose names are subscribed to the foregoing instrument, and each acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1956. Notary Public in and for Wichita County, Texas. (SEAL)