Ord 1439 07/15/1947 c C,
ORDINANCE No. 1439 /
"AN ORDIUVJ�TCE by the Board of Aldermen of the City of Wic'dta
Falls, Texas, ratifying; and approving the Sup;)lemental Trust
Indenture dated as of the first day of June, 191,7, executed
by the Mayor and attested b7, the City Clerk of said City,
r;hi_ch with the ori`rirhal Trust Indenture dated as of May 11,
19i.;d,, was executed for the purpose of securing payrnent of
,'J,5CO,OCO tCITY OF ;1IC11?'7A FALLS, Tr MS, FIRST
':`AT;;it�JGRKS CYSTS it VL,IvUE IA;PitCV :r1i`JT i3Gi1DS' , as authorized
at the election held in said City on the 11th day of April,
1944, for the purpose of ,),—ri ne off, refundinE and cancelling
.. 351,000 tCit r of ti;ichita F ,lls, Te,�as, ;v'aterworks System
Im,)rovenent Revenue Bonds' , dated October 1, 191;0, and for the
purl,ose of purchasing- additional .,rater po-.•;l:rs, riparian riuhts,
imorovi.nEr, enlar inrT, extendinL and repairing; such strstcm at a
cost of not exceedirrrr `3,11+9,000, as <authorized by the general
laws of tI_e State of Texas, particularly Articles 1111 et seq.,
Revised Civil Statutes of 1925, as amended, and which said
Supplement,-,,1 Trust Indenture was executed by the Ilaror and
City Clerk in accordance pith Ordinance No. •1435 passed and
adopted by the Board of Aldermen on the 14th day of Jitly, 1947,
recorded in Rook No. 8 of the Ordinance Records of s.tid City;
approving; and confirming the execution of .such Suppl omen t..l
Trust Indenture by the Mayor and City Clerk, respectively, of the
City of "dichita. Falls, Texas; enactinL provisions incident and
relating to the subject and purpose of this ordinance; and
declaring an emert ency."
;IHER.`AS, heretofore, to-inrit: on the llth day of Mav, i9L�1�, tlhe Board of
Ald: ,en of the Ci..ty of Wichita Falls, Texas, being in Re,-ialar Session, adopted
all ordinance authorizing the issuance of ,p'3,000,OCO Revenue Bonds of sai" City-,
de ,i gated as "(:I` Y OF %TICHITA FALLS, T !�,3,
HOidDS, S.;RIhS 1", dated May 1, 944, age=r ,,;�rti �,; i i amount
and "CITY OF WICHI`l'A FALLS, TiulAS, FIHST i{`aT':t1^1 �vAT .,.Z?IG:�i;5 SYM22
.�:_,V.-11 1 I:;l-itUV:�,-24T '1OJTDS, S ;tILS 2", dated M<a • 1, 191�l a ,-re--atin,- in amount
"-2,000,00G; be'�ng a part of a tot.+l aut,hori.zed issue of 3,5C: ,GCO toads
m:: norized <,t an election l;eld on April 1.11 191+4, for the pur,;ose of ,; . rir.b off,
and cancelling "351,000 "Cit�r of ;rich_' to Falls Te .:, as, at .rt.or ks S.)-stem
Lmr r ovwn<ent. Revenue Bonds", dated October 1, 191,0, and for t-le r . pose. of pur-
c .a.;la,r n;.: ".tional water pow(�n,, riparian riLhts, i.mprovin,;, enlarrir,L., extending,
:: rcpniri_ng such s„rstem at a_ cost of not exceediri- '3,149,000 and for
the ,,went of t,",e entire series of „,3,,500,000 Fonds from tl:e inco;re and revenue
derived from the operation of the Waterworks Svsteri of ; a d City, and Further
securing s .i<1 'oonrls by a mortgagee lien on all of the ,)ro,)ert.ies of s.,lid ,%'ater-
works S.—Item, ti:';ica ordinance is recorded in Book Number I of the Ordin..rce Records
of ; _d Cit;;-, rind reference thereto is here made for further tnd more detailed des-
eri ;i.on of spid bonds; and
it was ;)rovided in the afores,-J d ordinance t}:at the M,'--or and
.1 r Clerk ohould execute a groper Indenture or Deed of Trust making, effective
+l ien on the City's entire Waterworks S'irstem, ='rid on the revenues aid income
,)I :inch S1-stem, to pater the principal of nzid int�-rast on the entire series of
„,j,�v0,00G Monde authorized at the afor,=s J.d election, r:aming the CITY NA'PICNAL
s`.Idly 1N ';4IC '.ITA FALLS, WICHITA FPI LS, TiMS, as Tn:stee, and should file a duly
authenticated copy of such Indenture with the City Clerk and the s.me should also
be placed of record. in the Deed of Trust and 111ortg-ar;e `records of Wichita County,
Texas, and of Archer Count;r, Texas; and
WHEREAS) it appearing that such Trust Indenture was duly si z-r.ed and ae-
1<ro.;led ed for on behalf of said City on the first clay of Maur, 191,1,, b- 11. B.
lton, its Iiayor, and Geot•ge T. Hr>r j-rson, its City Clerk, and also duly sig;r ed
acknowledged for and on behalf of the City Na.iional Bank in 61ichit,- :galls,
l c t _to Falls, Tex:,,3, Trustee, named in said Indenture, by the I)ro;)er officer:- :of sa i d
an(. said Trust Indenture was in all things r itified, confirmed ;3nc,
nr.1 t,h:e execution thereof by the officers of snit City and officers of seal..;
rustee bank, was in all things ratified, confirmed and approved by t ;at L�rt-.
( rdin,,nce Number 1386, passed and approved by the Board of Alderracn of the Cit -.l
i
Wif-hita.alls, Texas, on the 22nd day of May, 1944, which ordinance is recorded in
Book Number 8 of the Ordinance Records of said City, and referen-ejis'here ran.de,
for further and more detailed informatioh; and
WHEREAS, heretofore, to-,,1t: on the 14 day of July, 1947, the Board of
Aldermen of said City, being in regular Session, adopted an ordinance authorizen,-
the issuance of 500,000 "CITY OF WIC''iI'PA FALLS, TLXI',:S, FIRST LOWMACE `.JAT�df;JUitKS
SYSTi.h; it ,V�1.1\'UE IA:PROVUIENT BONDS, S„iii: S 19L7", dated June 1, 1947 (bein ; the un-
issued balance of said total authorized issue of ">3,SUO,000 bonds authorized at the
aforesaid election. of April 11, 1944), and provided for the payment of said
tit500,000 bonds from the income and revenue derived from the operation of the later-
works System of said City, further securin said bonds by the aforesaid Trust In-
denture of TSay 1, 1944, includin- all suppiements thereto theretofore or thereafter
given, to secure the entire authorized issue of "3,500,000 revenue bonds, which
ordinance is recorded in Book Number 8 of the Ordinance Records of said City, and
refer?nce thereto is here made for fhrther and more detailed description of said
bonds; ^.nd
KI&I'EAS, it was and is Provided in the aforesaid ordinance that the
1.-;�yor and City Clerk will execute an appropriate supple rent to the Trust Indenture
Of May 1, 1944, so as to specifically include therein the said 0500,000 series of
revenue bonds, and so as to otherwise adopt, for the benefit of such series of
bonds, all provisions of said Indenture ap;)licable in making effective the loan
on the City's entire Waterworks System, and on the revenues and income thereof,
to ,)sy the principal of and interest on the entire issue of $31500,000 bonds
authorized at the aforesaid election of A)ril 115 1914, including; said "'�00,000
bonds, in such manner that no one bond of any of the several series shall have
priority of lien over any other of said bonds; and shall file a duly authenticated
co; y of such ju;);,lement Vrith the City Clerk and the same shall also be placed of
record in the Decd and flort€;age Records of Wichita County, Texas, and of
Archer County, Texas; and
WHEAZAS, it appearing that the Mayor and City Clerk, respectively,
of the City of Wichita Falls, Texas, acting pursuant to authority conferred upon
each of said officers by the aforesaid. Ordinance No. 1435, have executed and
acknowledged, for and on behalf of said City, that certain Supplemental Trust
Indenture dated as of the first day of Juice, 1947, naming the CITY NATIONAL BANK
ILti ':JIGHITA FALLS, :IIC!iITA FALLS, TLXAS, as Trustee, wherein and whereby, together with the
t,rovioions of the ori7inal Trust Indenture dated as of Lay 1, 1944, for the purpose of
securinc; the payment of all of said bonds, the Citv has mortgaged and pled`ed its en-
tire intenrorks S;,rstem and the revenues to be derived from the operation thereof and
which said Supplemental Indenture has been also executed and acknowled�_ed for and on
behalf of the said CITY NATIONAL BANK IN 11TCHITA FALLS, ViICHITA FAIi,S, ^1 M,13 by
Oral Jones, its duly authorized Vice-President, and by G. E. Pa,,Tne, its duly authorized
Assistant Cashier, and the same has been duly recorded in Volume 191, pare 323, of
the Deed of Trust and Mort-age Records of .-Iichita County, Texas, and has been also
duly recorded in Volume 30, page 248 of Deed of Triist and Iiort,r-age records of
Arc;:er County, Tex,,,;, and reference thereto is here made for further description;
therefore
Ti;XAS: BE If BtOAINdd By ME BdkiD OF OF THE CITY OF WICIiITA Fj'J LS,
SEC`IiC11 l: That the Supplemental Trust Indenture betireen the City of
wic iit.a Falls, Texas, and the City National Bank in Wichita. Falls, `Michita. F^lis,
Texa:�, dated as of June 1, 1947, to further secure payment of principal and interest
of the entire $'31.)5009000 authorized issue of boricis, aforesaid, includi.nr* the FIVE
I'L'?:Dr:;D THUGSAIjD DOLLARS (" 50O,000) "CITY OF WIC1iITA FALLS, TLXA01- FIf6T MUKTGA Gi;
SYST! i itSVi I?U II i'RUVIIII�P;T BONDS, S'W:tI J_947", and which said Sun;le-
~:cntal Trust Indenture was duly signed and acknowledged for and on behalf of said
Ci tv on the 15 day of Jul. , 1947, by W. B. Hamilton, its M yor, and George T.
H.r.c1,::rson, its City Clerk, and also duly signed and acknowledged for and on behalf
01' t.i:c City National Bank in Wichita Falls, Wiciiita. Falls, Texas, on the 15th
dawn of July, 1947, by Oral Jones, its Vice-President, and by G. E. Payne, its
,%,,;LA- Stant Cashier, in pursuance of au-Ghori`,y �-),1J ^rrcd
nance pas s e c and a0opted on the 14 day of Jtkly, ' �",7, an;' rccorkned
in Nook Nr.). 8 of the Ordinance Records of said City, be anc, said
Trust Indenture is hereby, in all things, RL"IFIF ), Co17Fj!1-7 I T7
�IpPi-OVFDI and the execution thereof by the ;
officers ()f saZ City and officers of
srid Truotco, wank, hercinabove named, shall be and the same is hcreb"y, in all
thins, RATIFIED, CONFIRMED AND APPROVED,
2: It is hereby deci.,arcd that the aforesaid ordinance is an
emero,oney that in order to improve c n1a r,,e .1
I _ , ex
tend and repair such
V aterworks System at the earliest possible date-I .thore exists urgent public need
for the preservation of peace, health and safety of property that this ordinance
shall take effect from and after its passage,, and it is so ordained.
PASSED AND APPROVED., this the 15 day of July., 1947.
Mayor, 'Cit,, of Wichita Falls, Texas
AT1'hST:
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