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Ord 1435 7/14/1947 ORDINANCE NO. 1435 "AN ORDINANCE by the Board of aldermen of the City of Wichita Falls, Texas, authorizing the issuance of bonds in the principal sum of $500,000, desig- nated as 'CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEP11ENT BONDS, SERIES 1947' (being the unissued balance of a total authorized issue of $3,500,000 bonds authorized at an election held on Aril 11, 1944, for the purpose of paying off, refunding and can- celling �351,000 'City of VTichita Falls, Texas, Waterworks System Improvement Revenue Bonds' , dated October 11 1940, and for the purpose of pur- chasing additional water powers, riparian rights, improving, enlarging, extending and rewiring such system at a cost of not exceeding $3,149,000, as authorized by the General Lairs of the State of Texas, particularly Articles 1111 et seq. , Revised Civil Statutes of 1925, as amended) ; providing that said $500,000 bonds shall be issued for the purpose of purchasing additional water powers, riparian rights, improving, enlarging, extending and repair- ing the City' s Waterworks System; prescribing the form of bond, interest coupons, and certificates of registration; pledging the revenues of the City's Waterworks System to the payment of principal and interest of the bonds, after providing for the ex- penses of operating and maintaining said system; further securing said bonds by the first mortgage on all the properties comprising the City' s entire Waterworks System, acquired or to be acquired, as provided by the terms of that certain Trust Inden- ture dated as of the 1st day of May, 1944, includ- ing all supplements thereto heretofore or hereafter given, to secure the entire authorized issue of ,P3,500,000 revenue bonds; enacting provisions inci- dent and relating to the subject and purpose of this ordinance; and declaring an emergency. WHEREAS, under and by virtue of an ordinance duly passed and adopted by the Board of Aldermen of the City of Wichita Falls, Texas, on the 13th day of March, 1944, an election was ordered to be held in said City on the llth day of April, 1944, and at which election the following proposition was submitted to the qualified voters of said City: "SHALL the Board of Aldermen of the City of Wichita Falls, Texas, be authorized to issue the revenue bonds of said City in the principal sum of not exceeding THREE MILLION FIVE HUN- DRED THOUSAND DOLLARS ($3,500,000) , maturing serially over a period of years not to exceed forty years from the date thereof, bearing interest at the maximum rate of THREE AND ON.E- H1LF PER CENTUI,T (326) per annum, for the pur- pose of paying off, refunding and cancelling not exceeding $_51,000 of bonded indebtedness of the City' s 1 aterworks System and for the purpose of purchasing additional water powers, riparian rights, improving, enlarging, extending and repairing such System at a cost of not ex- ceeding $3,149,000, as authorized by the General Laws of the State of Texas, particularly Articles 1111 et seq. , Revised Civil Statutes of 1925, as amended, said bonds to be special obligations of the City of Wichita Falls, Texas, payable as to both principal and interest solely from the revenues of the City' s Waterworks System; and SHALL the Board of Aldermen be authorized to encumber the City' s Waterworks System or the revenue thereof, or both., for the purpose of securing the payment of the principal of and interest on said bonds, said encumbrance on said revenues to be an exclusive first lien on and pledge of said revenues, after the deduction of reasonable expenses of operating and maintaining said System, as said expenses are defined by statute, and all bonds of said series are to be ratably secured in such manner that no one bond shall have priority of lien over any other bond of said series; the indebtedness to be paid off, refunded and cancelled now being in the principal sum of $351,000, represented by 'City of .: ichita Falls, Texas, V aterworks System Improvement Revenue Bonds ' , dated October 1, 1940, bearing interest at the rates of 36 and 31` per annum, due serially in each of the years 1945 to 1960, both inclusive; but redeemable on October 1, 1955, or on any interest payment date thereafter, which bonds were authorized and issued pursuant to an election held in said City on September 30, 1938, and an ordinance adopted by the Board of Aldermen of said City on September 23, 1940, recorded in Ordinance Book Number 8, and to which ordinance reference is hereby made for further description of said indebtedness?" AND, WHEREAS, upon consideration of the returns of said election, the Board of Aldermen found that said election had been conducted in the manner prescribed by law, and was in all respects legally held, after due and proper notice as required by law; that due returns of said election had been made by the proper officers; that said election resulted favorably to the issuance of said bonds; that a majority of the qualified electors, voting at said election, voted in favor of the issuance of said bonds; and that the Board of Aldermen was and is in all things authorized to issue said bonds and to do any and all things necessary and/or convenient in connection therewith; and WHEREAS, on the llth day of May, 1944, the Board of Aldermen duly passed and approved Ordinance Number 1384 providing for the issuance of $3,000,000 bonds, it being therein found and determined that it was not desired at that time to issue all of the bonds in the amount of �3,500,000 voted, and that said $3,000,000 was the amount then to be issued and that the remaining amount of said bonds, to-wit: $500,000 should be issued at a future date or dates when, in the judgment of the Board of Aldermen of said City, the amount was needed by the City for the purpose for which it was authorized; and WHEREAS, by said Ordinance Number 1384, passed and ap- proved on May 11, 1944, the Board of Aldermen duly authorized the issuance of $3,000,000 revenue bonds and provided therein that same should be issued in two series; that is to say -- (a) "Series 1" for the principal sum of $1,000,000, with interest rates, maturities and option of redemption, as thereinafter stated in said Ordinance Number 1384, of which series $351,000 was used for the purpose of paying off, refunding and cancelling a like principal amount of the aforesaid outstanding bonds, and $649,000 thereof was used for the purpose of acquiring the author- ized waterworks improvements; and (b) "Series 2" for the sum of $2,000,000, with interest rate, maturities and option of redemption, as there- inafter stated in said Ordinance Number 1384, and the said amount was used for the purpose of acquiring the authorized waterworks improvements; and 1,THEREAS, under the terms and provisions of said Ordinance Number 1384 it is recited that all of the said $3,500,000 bonds, authorized at the aforesaid election, should be, when and as the same were issued and sold, ratably secured by such pledge of revenues and by the terms of such motgage or indenture and/or any supplemental mortgage or indenture, in such manner that no one bond shall have priority of lien over any other bond of the entire authorized amount or series; and WHEREAS, pursuant to authority given under the terms and provisions of said Ordinance Number 1384, the Mayor and City Clerk have heretofore executed a proper Indenture or Deed of Trust, making effective the lien on the City' s entire Waterworks System, and on the revenues and income of such System, to pay the principal of and interest on the entire series of $3,500,000 bonds, authorized at the aforesaid election, when and as such bonds are issued, pursuant to ordinances passed by the Board of °Aldermen, and in which Indenture the City National Bank in Wichita Falls, Wichita Falls, Texas, is named as Trustee; and WHEREAS, the said Mayor and City Clerk have filed a duly authenticated copy of such Indenture with the City Clerk and have also filed a duly authenticated copy thereof with the County Clerk of Wichita County, Texas, and of 1`�.rcher County, Texas, and same has been placed of record in the Deed of Trust and Mortgage Records of Wichita County, Texas, and of Archer County, Texas; and WHEREAS, it is the finding and judgment of the Board of Aldermen that the balance of the aforesaid bonds, authorized at said election but remaining unissued, to-wit: $500,000, is needed at this time for the purpose of acquiring additional authorized waterworks improvements, and that same should now be issued and sold, and ratably secured by a pledge of the revenues and by the terms of the Indenture and/or any supplemental mortgage or indenture, as aforesaid; therefore BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : SECTION 1: That, in order to borrow the said sum of FINE HUNDRED THOUSAND DOLLARS ($500,000) for the purpose of pur- chasing additional water powers, riparian rights, improving, enlarging, extending and repairing the City' s Waterworks System, the Board of Aldermen of the City of Wichita F:�lls, Texas, by virtue of authority expressly conferred by the qualified electors of said City, at the aforesaid election, and pursuant to the General Laws of the `tate of Texas, particularly Articles 1111 et seq. , Revised Civil Statutes of 1925, as amended, has deter- mined to provide for a series of coupon bonds to be designated as "CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVE14ENT BONDS, SERIES 1947" , aggregating in amount FIVE HUNDRED THOUSAND DOLLARS ($500,000) , payable as to both principal and interest solely from the revenues of the City' s Waterworks System, and further secured by the terms of that certain Trust Indenture dated as of the 1st day of May, 1044, including all supplements thereto heretofore or hereafter given, to secure the entire authorized issue of $3,500,000 revenue bonds, hereinabove mentioned, said encumbrance on said revenues being an exclusive first lien on and pledge of said revenues, after the deduction of the reasonable expenses of operating and maintaining said 1,1aterworks System, as said expenses are defined by statute . SECTION 2: That the bonds to be known as "CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 1947" shall be dated June 1, lQ47; shall be numbered consecutively from One (1) to Five Hundred (500) both inclusive; shall be in denomination of One Thousand Dollars ($1,000) each, aggregating FIVE HUNDRED THOUSAND DOLLARS ($500,000) , and shall be due serially in accordance with the following schedule: BOND NUMBERS JA11 Inclusive) MATURITY DATES AMOUNTS 1 to 3 April 1, 1950 $ 3,000 4 to 6 April 1, 1951 3,000 7 to 9 April 1, 1952 3,000 10 to 12 April 1, 1953 3,000 13 to 16 April 1, 1954 4,000 17 to 19 April 1, 1955 3,000 20 to 23 April 1, 1956 4,000 24 to 27 April 1, 1957 4,00o 28 to 31 April 1, 1958 4,o00 32 to 35 April 1, 1959 4,000 36 to 38 April 1, 1960 3,000 39 to 57 April 1, 1961 19,000 58 to 77 April 1, 1962 20,000 78 to 98 April 1, 1963 21,000 99 to 118 April 1, 1964 20,000 119 to 139 April 1, 1965 21,000 14o to 161 April 1, 1966 22,000 162 to 183 April 1, 1967 22,000 184 to 206 April 1, 1968 23,000 207 to 229 April 1, 1969 23,000 230 to 253 April 1, 1970 24,000 254 to 278 April 1, 1971 25,000 279 to 303 April 1, 1972 25,000 304 to 330 April 1, 1973 27,000 331 to 357 April 1, 1974 27,000 358 to 385 April 1, 1975 28,000 386 to 413 April 1, 1976 28,000 414 to 441 April 1, 1977 280000 442 to 470 April 1, 1978 29,000 471 to 500 April 1, 1979 30,000; PROVIDED, HOWEVER, that the said City of Wichita Falls reserves the right to redeem said bonds Numbers 119 to 500, both inclusive, in whole or in part, on April 1, 1964, or on any interest payment date thereafter, by paying par and accrued interest; PROVIDED, FURTHER, that if less than all of said bonds are redeemed on any such date, the same shall be redeemed in inverse numerical order; and, PROVIDED, FURTHER, at least thirty days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of intention, signed by the City Clerk (specifying the serial numbers and amount of bonds to be redeemed) shall have been published once in a newspaper of general circulation pub- lished in the State of Texas, and shall have been filed with the MERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS (the paying agent named in each of said bonds) , and should any bond not be delivered to the City for redemption, pursuant to such notice, the same shall cease to bear interest from and after the redemp- tion date specified in such notice. SECTION 3: That the said "CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 1947" shall bear interest at the following rates per annum; that is to say -- (a) Bonds Numbers 1 to 27, both inclusive, maturing on April 1st in each of the years 1950 to 1957, both inclusive, shall bear interest from date until paid at the rate of TI10 PER CENTUM (2%) per annum; (b) Bonds Numbers 28 to 161, both inclusive, maturing on April lst in each of the years 1958 to 1966, both inclusive, shall bear interest from date until paid at the rate of TWO AND ONE-HALF PER CENTUM (2-21-%) per annum; and (c) Bonds Numbers 162 to 500, both inclusive, maturing on April 1st in each of the years 1967 to 1979, both inclusive, shall bear interest from date until paid at the rate of TWO AND THREE-FOURTHS PER CENTUM (2-3/4%) per annum; such interest to be evidenced by proper coupons attached to each of said bonds; and said interest shall be payable semi-annually on April lst and October lst in each year, the first interest payment date to be October 1, 1947. SECTION 4: That the principal of and interest on said series of bonds shall be payable on presentation and surrender of bonds or proper coupons, in lawful money of the United States of America, at MERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS. SECTION 5: That each of said bonds shall be signed by the Mayor, countersigned by the City Clerk, and sealed with the seal of the City, and the interest coupons attached to said bonds shall be executed with the lithographed or printed facsimile sig- natures of said officers; and each bond may be registered as to principal only by the City Clerk, at the option of the holder. SECTION 6: That the bonds to be issued hereunder and the coupons to be attached hereto, and the Trustee' s Certificate to be endorsed on the bonds, and Comptroller' s Certificate, are to be substantially in the following forms, respectively, with appropriate omissions, insertions and variations permitted or otherwise, as hereinafter provided: (FORM OF BOND) NO., UNITED STATES OF AMERICA $1,000 STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEMENT BOND, SERIES 1947 FOR VALUE RECEIVED, the City of Wichita Falls, in the County of Wichita, State of Texas, hereby acknowledges itself indebted to, and hereby promises to pay the bearer, or, if this bond be registered as to principal, to the registered holder hereof, as hereinafter stated, the sum of ONE THOUSAND DOLLARS ($1,000) , on the FIRST DAY OF APRIL, 19 in lawful money of the United '-testes of America, and to pay interest thereon from the date hereof until paid at the rate of PER CENTUM (� %) per annum, payable semi-annually on :,pril 1st and October lst in each year, first interest payment date being October 1, 1947, upon the presentation and surrender of coupons hereto appertaining as they severally become due; both principal and interest shall be payable at MERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS, and the said City of Wichita Falls, Texas, is hereby held and firmly bound to apply the pledged appropriated revenues of its 1- aterworks System to the prompt payment of prin- cipal and interest of this bond at maturity, and to pay said principal and interest as they mature . THIS BOND is one of the bonds issued in the aggregate principal amount of THREE MILLION FIVE HUNDRED THOUSAND DOLLARS 0 3,500,000) , under and in accordance with, and all equally secured by an Indenture or Mortgage or Deed of Trust dated May 1, 1944, including all supplements thereto heretofore or hereafter given by the City of Wichita Falls, Texas, to the City National Bank in 17ichita Falls, 1- ichita Falls, Texas (herein- after sometimes referred to as the "Trustee") , including partic- ularly the Supplemental Indenture dated June 13 1947, ( said origi- nal and supplemental indentures being hereinafter sometimes referred to collectively as the "Indenture") , wherein and whereby, for the purpose of securing the payment of all of said bonds, the City has mortgaged its entire Waterworks System and the revenues to be de- rived from the operation thereof, to �,,ihich Indenture reference is here made for a description of the property mortgaged and pledged, the nature and extent of the security, and the rights of the holders of the said bonds, and of the Trustee, and of the City in respect of such security. By the terms of the said Indenture the bonds to be secured thereby are i ssuable in series, which may vary as to date, amount, date of maturity, option of redemption, rate of interest, and in other respects as in the said Indenture provided. The principal and interest of said bonds are payable out of the revenues of said Waterworks System pledged for that purpose, after deduction of reasonable operation and maintenance expenses. �"The bonds of the series, of which this is one, are all of like tenor and effect, except as to interest rate and maturity, and are is- sued in the aggregate principal amount of FIV""; HUNDRED THOUSAt\TD DOLLARS (4500,000) for the purpose of purchasing additional water powers, riparian rights, improving, enlarging, extending and re- pairing such system in accordance with the Constitution and laves of the State of Texas, particularly Articles 1111 et seq. , Revised Civil Statutes of 1925, as amended, by authority of a vote of the qualified property taxpayinjZ voters of said City, who had duly rendered their property for taxation, voting; at an election held on the llth day of April, 1944, and pursuant to an ordinance passed by the Board of Aldermen of said City, and duly recorded in the minutes of said Board. AS PROVIDED in the ordinance hereinabove mentioned, the City reserves the right to redeem the bonds of this series which mature in the years 1965 to 1979, both inclusive, in whole or in part, on April 1, 1964, or on any interest payment date thereafter, by paying par and accrued interest; provided, if less than all of said bonds are redeemed on any such date, the same shall be redeemed in inverse numerical order; and, provided further, at least thirty days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of intention, signed by the City Clerk ( specifying the serial numbers and amount of bonds to be redeemed) shall have been published once in a newspaper of general circulation published in the State of Texas, and shall have been filed with the MRCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS (the paying agent named in each of said bonds) , and should any bond not be delivered to the City for redemption, pursuant to such notice, the same shall cease to bear interest from and after the redemption date specified in such notice. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN CASE an event of default, as defined in the Indenture, shall occur, the principal of this bond and all other bonds se- cured or to be secured thereby, may become or be declared due and payable at the time or times, in the manner and with the effect provided in the Indenture. 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 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 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 shall be restored, 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. AND IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to be done precedent to and in the issuance of this bond 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 revenue bonds does not exceed any constitutional or statutory limitation; and that provision has been made for the payment of the principal and interest of this bond, and the series of which it is a part, by irrevocably pledging revenues of the Waterworks System of said City of Wichita Falls. NEITHER THIS BOND nor any interest coupon appertain- ing hereto shall be or become valid or obligatory for any purpose unless and until this bond shall have been authenticated by the execution of the certificate endorsed hereon by the Trustee or its successors in trust under the Indenture. IN TESTIMONY WHEREOF, the City of Wichita Falls, Texas, by its Board of lkldermen, has caused this bond to be signed by its Mayor and countersigned by its City Clerk and sealed with the seal of said City, and has caused the annexed coupons to be signed by the lithographed or printed facsimile signatures of the Mayor and City Clerk; the date of this bond, in conformity with the ordinance hereinabove mentioned, authorizing its issuance, being the first day of June, 1947. Mayor, City of Wichi a Falls, Texas. COUNTERSIGNED: z v Clerk. City of Winhi-Fn Pn„ _ M-._-- (FOPI'i OF INTEREST COUPON) NO. ON 'ice DAY OF P 19 , the CITY OF WICHI`1'A FALLS, a municipal corporation of the State of Texas, hereby promises to pay to the bearer, out of the funds specified in the bonds to which this coupon is attached, and in lawful money of the United States of America, at NTERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS, the sum of - - - - - - - - DOLLARS said sum being months? interest that day due on "CITY OF WICHITA FALLS, TEXAS, FIRST 1V_ORTGA.GE V1ATE1G1ORKS SYSTEMI REVENUE IMPROVETJENT BOND, SERIES 1947", dated June 1, 1947, Bond No, City Clerk M Mayor ( "TRUSTEE'S CERTIFICATE"} IT IS =MEBY CERTIFIED that this bond is one of the series of bonds described in the Trust Indenture dated as of May 1, 1944, and the Supplemental Trust Indenture dated as of June 1, 19471, executed by the City of 71ichita Falls, Texas, to the under- signed Trustee. CITY NATIONAL BANK IN WI CHITA FALLS, Ia;'ICHITA FALLS, TEXAS, Trustee, By Its (FOP11 OF COMPTROLLERS CERTIFICATE OFFICE OF COMPTROL1.10 0 0 REGISTER NO. STATE OF TEXAS 0 I 11EREBY CERTIFY that there is on file and of record in my office a certificate o-- the AttDrney 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 lairs of the State of Texas, and that it is a valid and binding special obligation of the 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 r.ustin, Texas, Comptroller of Public Accounts of the State of Texas. ("REGISTRATION CERTIFICATE") (No writing hereon except by the City Clerk of the City of Wichita Falls, Texas, as Registrar) : DATE OF REGISTRATION IN WHOSE NAME REGISTERED: REGISTRAR City Clerk City Clerk City Clerk . City Clerk : City Clerk SECTION 7: The Mayor and City Clerk will immediately execute an appropriate supplement to the Indenture or Deed of to Trust, here/fore given by the City of Wichita Falls, Texas, to the City National Bank in Wichita Falls, Wichita Falls, Texas, as Trustee, dated May 1, 1944, so as to specifically include therein the said *500,000 series of revenue bonds, and so as to otherwise adopt, for the benefit of such series of bonds, all provisions of said Indenture applicable in making effective the lien on the City' s entire Waterworks System, and on the revenues and income thereof, to pay the principal of and interest on the entire issue of $3,500,000 bonds authorized at the election of April 11, 1944, including said $500,000 Series, 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 the said Mayor and City Clerk shall file a duly authenticated copy of such Supplemental Indenture with the City Clerk and same shall also be placed of record in the Deed of Trust Records and Mortgage Records of Wichita and Archer Counties, Texas. SECTION 8: All rights existing under the aforesaid Indenture and/or supplements thereto shall be and are hereby expressly recognized and incorporated herein for the protection of the bonds hereby authorized and their enforcement . SECTION 9: That except in those particulars appro- priately applicable only to the bonds therein authorized, the provisions of Ordinance Number 1384 passed and approved May 11, 1944, authorizing the two series of revenue bonds dated May 1, 1944, aggregating the principal sum of $3,000,000, are hereby adopted by this reference in support of the series of bonds herein authorized, and said ordinance is hereby recognized and re- affirmed in all its term; and provisions. Particularly the pro- visions of said ordinance set out in Section 8 thereof relating to the creation of the "SPECIAL WATERWORKS SYSTEM REVENUE BOND FUND" , are hereby adopted for the support and payment of the series of bonds herein authorized, and for the purpose of pay- ing the principal of and interest on such bonds as the same mature, and in addition to the amounts required for such pur- pose as regards the Series 1 and 2 bonds, dated May 1, 1944, under schedules of the aforesaid ordinance Number 1384, the following amounts in the following years shall be deposited in said Special Fund for payment of the principal of and interest on the "CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 1947" , aggregating $500,000 in principal amount as herein authorized; that is to say -- YEAR ENDING March 31st PRINCIPAL INTEREST TOTAL AMOUNT 1948 11,OIO.42 ll,01o.42 1949 13,212.50 13,212.50 1950 3,000 13,212. 50 16,212.50 1951 3,000 13,152. 50 16,152.50 1952 3,000 13,092.50 16,092.50 1953 3,000 13,032.50 16,032.50 1954 4,000 12,972.50 16,972.50 1955 3,000 12,892.50 15,892.50 1956 4,000 12,832.50 16,832.50 1957 4,00o 12,752.50 16,752.50 1958 4,000 12,672.50 16,672.50 1959 4,000 12,572.50 16,572.50 196o 3,000 12,472. 50 15,E+72.50 1961 19,000 12,397.50 31,397.50 1962 20,000 11,922.50 31,922.50 1963 21,000 11,422.50 32,E+22.50 196E 20,000 10,897.50 30,897.50 1965 21,000 10,397.50 31,397.50 1966 22,000 9,872.50 31,872.50 1967 22,000 9,322.50 31,322.50 1968 23,000 8,717.50 31,717.50 1969 23,000 8,o85.00 31,085.00 1970 24,000 7,452.50 31,E+52.50 1971 25,000 6,792.50 31,792.50 1972 25,000 6,105.00 31,105.00 1973 27,000 5,417.50 32,417.50 1974 27,000 4,675.00 31,675.00 1975 28,000 3,932. 50 31,932.50 1976 28,000 3,162.50 31,162.50 1977 28,000 2,392.50 30,392.50 1978 29,000 1,622.50 30,622.50 1979 30,000 , 825.00 30,825.00 No mistake in the foregoing calculations, or any of the provisions hereof, shall in any manner operate to diminish the amounts, of either principal or interest, to become due, but an amount is hereby ordered to be set aside for each of the years specified, sufficient in all respects to meet the obliga- tions of the City as evidenced by the bonds and interest coupons herein provided. The aforesaid total amounts shall be deposited in such Special Fund in equal monthly installments on or before the 15th day of each month; and so long as said bonds or interest coupons, or any of them, shall remain outstanding and unpaid the Board of j'ldermen of said City shall fix and maintain rates and col- lect charges for facilities and services afforded by its W,.;:ter- works System, which will produce revenues sufficient at all times -- (1) To pay for all operation, maintenance, deprecia- tion, replacement and betterment charges of the said Waterworks System; (2) To establish and maintain the said "SPECIAL WATERWORKS SYSTEM REVENUE BOND FUND" ; and (3) To pay all outstanding indebtedness against its said Waterworks System, other than the said bonds, as and when the same becomes due . Any funds remaining on hand, after provision for the maintenance and operating expenses of the 1,1aterworks System, and after paying the amount required to be paid into the "SPECIAL WATERWORKS SYSTEM REVENUE BOND FUND" , as above provided, may be used by the City for any other purpose permitted by law. SECTION 10: That the sale of the bonds herein authorized to -- DALLAS RUPE AND SON, DALLAS, TEXAS, MOSS, MOORE AND COMPANY, DALLAS, TEXAS, R. J. EDWARDS, INC. , DALLAS, TEXAS, and FIRST OF TEXAS CORPORATION, SAN ANTONIO, TEXAS, at the price of par and accrued interest to date of delivery, is hereby confirmed. Delivery of the bonds shall be made to said purchasers as soon as may be after the adoption of this ordinance, upon payment therefor in accordance with the terms of sale . SECTION 11 : That the Mayor, City Clerk and the Trustee named in the Indenture to secure payment of said bonds, shall be and they are each hereby expressly authorized to do any and all things necessary in respect to the issuance, approval and certification, the registration and delivery of said bonds. SECTION 12: IT IS HEREBY DECLARED that the afore- said ordinance is an emergency measure; that in order to improve, enlarge, extend and repair such Waterworks System at the earliest possible date, there exists urgent public need for 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 l,, - day of July , 1947. Mayor, Cal y o aic i a alls, Texas . ATTE l Cit- lerk, City of Wichita Falls, Texas (City Seal) CERTIFICATE OF CITY CLERK THE STATE OF TEXAS CITY OF WICHITA FALLS COUNTY OF WICHITA I, George T. Henderson City Clerk of the City of Wichita Falls, Texas, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 1435 , adopted by the Board of Aldermen of said City on the J4 day of ju y , 1947, at a regular + meeting of said Board of Aldermen, and that it has, been properly enrolled, placed in the office of the City Clerk and approved by the Mayor, having been recorded in Ordinance Book No. 8 , of the Ordinance LLLecords of said City. WITNESS MY HAND AND SEAL OF THE SAID CITY OF WICHITA FALLS, TEXAS, this the 15 day of July, 1947. ity C erk, City of 111chita Fall s. (City eat)