Ord 1387 6/12/1944 ORDINANCE NO. 1387
"AN ORDINANCE, by the Board of Aldermen of the City
of Wichita Falls, Texas, expressly granting to
the purchaser, or purchasers of the Waterworks
System of said City, the exclusive right, priv-
ilege and franchise to operate the said Systemp
in the event of default in the payment of all
or any portion of the OtWOiOOO-00 ICITY OF
WICHITA FALLS2 TEXASt FIRST MORTGAGE WATERWORKS
SYSTEM REVENUE IMPROVEMENT BONDS' authorized
at the election held in said City on April 11,
1944, for the purpose of paying offl refunding
and cancelling 051,000-00 City of Wichita
Falls, Texas2 Waterworks System Improvement
Revenue Bonds' , dated October 19 1940, and for
the purpose of purchasing additional water
powers, riparian rights, improvingg enlarging)
extending and repairing such System at a cost
of not exceeding $3,149v000.00, authorized by
the Constitution and laws of the State of Texas,
particularly Articles Jill et seq. , Revised Civil
Statutes of 1925, as amended, and which franchise
shall run for a term of twenty years from the
date the properties of said Waterworks System may
be acquired by such purchaser or purchasers, by
judicial sale, or otherwise; and enacting
provisions incident and relating to the subject
and purpose of this Ordinance."
WHEREAS, heretofore, to-wit: on the 11thday Of
May, 1944, the Board of Aldermen of the City of Wichita Fallso
Texas� pursuant to authority conferred by the Constitution and
laws of the State of Texas, particularly Articles Jill et seq. ,
Revised Civil Statutes of 1925, as amended, and also pursuant to
authority conferred by a vote of the qualified property taxpaying
voters of said City, voting at an election held for the purpose
on the llth day of April, 1944, passed and adopted that certain
ordinance, the caption of which is as follows:
"ORDINATYCE NO. 1384 -_
"AN ORDINANCE by the Board of Aldermen of the City
of Wichita Fallst Texas, authorizing the issuance
of bonds in the principal sum of 090001000-00,
designated as ' CITY OF WICHITA FALLS9 TEXAS9
FIRST MORTGAGE WATERWORKS SySTEM REVENUE IMPROVE-
111ENT BONDS, ' (being part of a total authorized
issue of $39500, 000.00 bonds authorized at an
election held on April 11, 1944, for the purpose
of paying offt refunding and cancelling $3519000-00
fCity of Wichita Falls$ Texas, Waterworks System
Improvement Revenue Bonds, ' dated October 1, 1940,
I
and for the purpose of purchasing additional water
powers, riparian rights, improving, enlarging, ex-
tending and repairing such system at a cost of not
exceeding $3, 149sOOO.00, as authorized by the
General Laws of the State of Texas, particularly
krticles Jill et seq. , Revised Civil Statutes of
1925, as amended) ; providing that the said
$3,000,000,00 bonds shall be issued in two series,
being 'Series 11 for the sum of $1,0001000,00,
of which $351, 000-00 will be used for the purpose
of paying off, refunding and cancelling a like
principal amount of the aforesaid outstanding bonds,
and $649,000-00 thereof will be used for the pur-
pose of acquiring the authorized waterworks
improvements, and being 'Series 21for the sum Of
$2,,00o,00,0.00, which amount will be used for the
purpose 6f acquiring the authorized waterworks
improvements; prescribing the form of bond, interest
coupons, and certificates of registration; pledging
the revenues of the City's waterworks system to the
payment of principal and interest of the bonds,
after providing for the expenses of operating and
maintaining said system; further securing said bonds
by a first mortgage on all the properties cmprising
the City' s entire waterworks system, acquired or to
be acquired; enacting provisions incident and re-
lating to the subject and purpose of this ordinance;
and declaring an emergency; "
and which ordinance is of record in Ordinance Book Number 8 1
of the Ordinance Records of said City; andt
VvHEREAS, it is expressly provided in the aforesaid
ordinance that it is not desired at this time to issue all of the
bonds in the amount of 0, 50OPOOO-00 voted for on the proposition$
and that 63,000,,000-00 is the amount of bonds to be issued under and
pursuant to said ordinance; and that the remaining amount of said
bonds, to-wit: $500tOOO-OOt shall be issued at a future date or
dates, when, in the judgment of the Board of ILldermen of said City,
the said amount is needed by the City for the purpose for which it
was authorized; and that all of the said $3, 500, 000.00 bonds, au-
thorized at the said election, shall be, when and as the same are
issued and sold, ratably secured by pledge of the revenues of the
Waterworks Systeml and, by the terms of the mortgage or Indenture
executed to further secure the same, 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 series ; and,
V,MEREASt it is also provided in the aforesaid or-
dinance that the Mayor and City Clerk will execute a proper Inden-
ture or Deed of Trust, making effective the lien on the City' s
entire Waterworks System, and on the revenues and income of such
Systemt to pay the principal of and interest on the entire series
Of $3,5OOtOOO.00 bonds authorized at the said election, when and
as such bonds are issued, naming the CITY NATIONAL BANK IN WICHITA
FALLS, WICHITA FALLSI, TEXAS, as Trustee, and shall file a duly au-
thenticated copy of such Indenture or Deed of Trust with the City
Clerk and the same shall also be placed of record in the Deed of
Trust and Mortgage Records of Wichita County� Texasq and of Archer
County2 Texas; and2
W�EREAS, such Indenture or Deed of Trust has been
duly executed and filed for record in accordance with the afore-
said Ordinance No* 1384 ; and,
IvVHEREAS� the Board of Aldermen has duly ascertained
that such Indenture, or Deed of Trust, has been recorded in Volume
162 . page 5 et seq. , of the Deed of Trust and Mortgage
Records of Wichita County, Texas2 and that the same has been filed
in the office of the County Clerk of said County as a Chattel
Mortgage, being Chattel Mortgage No. 81(1 , registered in Volume
62 , page 65 , of the Chattel Mortgage Register of Wichita
Countyv Texas; and,
WHEREAS, a part of the lands ccmprising the City' s
Waterworks System being in Archer County, Texas, the Board of
Aldermen has also duly ascertained that such Indenture, or Deed of
Trust, has been recorded in Volume 27 , page 58 , et seqo , of
the Deed of Trust and Mortgage Records of Archer Countyl Texasq and
that the same has been filed in the office of the County Clerk of
said County as a Chattel Mortgage, being Chattel Mortgage No. 2244
registered in Volume — 22 , page _ 538 , of the Chattel Mortgage
Register of Archer Countyp Texas; and,
�vIHEREAS, in accordance with the aforesaid Ordinance
No. 1384 the said Indenture, or Deed of Trust, does stipulate
and provide for a. grant to the purchaser, or purchasers, under any
sale or foreclosure thereunder, a franchise to operate said Water-
works System, and properties so purchased, for a term of twenty
years dating from the purchase; andp
VVIHEREAS, as provided by Section 121, of the Wichita
Falls Charter, the following public written report ccataining re-
commendations in respect of the proposed franchise has been made
Acting
to this Board by the/ Gity Manager:
To the Honorable Mayor and Board of Aldermen,
of the City of Wichita Falls:
Pursuant to Section 121 of the Wichita Falls Charter,
I hereby recommend the adoption of an ordinance granting to
the purchaser or purchasers, of the Waterworks System of said
City, the exclusive right, privilege and franchise to operate
the said System, in the event of default in the payment of all,
or any portion of the $3, 5009000-00 "CITY OF WICHITA FALLS,
TMSp FIRST YiORT(1AGE WATERWORKS SYSTEM REVENUE IMPROVEMENT
BONDS, " authorized at the election held in said City on the
llth day of April, 1944, for the purpose of paying off, re-
funding and cancelling $351, 000-00 "City of Wichita Falls,
Texas, 'fiaterworks System Improvement Revenue Bonds, " dated
October 1� 1940, and for the purpose of purchasing addi-
tional water powers, riparian rights, improving, enlarging,
extending and repairing such system at a cost of not exceed-
ing $3, 149, 000-00, as authorized by the general laws of the
State of Texas, particularly Articles 1111 et seq. p Revised
Civil Statutes of 1925, as amended.
By said Article 1111 it is expressly provided that
any city issuing bonds thereunder, and as additional security
therefor, by the terms of such encumbrance, may grant to
the purchaser under sale or foreclosure thereunder, a
franchise to operate the system and property so purchased
for a term of not over twenty years after purchasef subject
to all laws regulating same then in force.
It is believed that it will be to the best interest
of the City in the issuance of said bonds to support the
same with all security authorized by the pertinent statute.
Respectfully submitteds this the 22nd day of May,
1944.
Garland F�ranks
Actiric, City Manager.
AND VMREAS, the Board of Aldermen also deems it
advisable and to the interest of said City to grant by ordinance
to the purchaser, or purchasers, of said Waterworks System, pur-
suant to any judicial sale, or otherwise, of the mortgaged prop-
ertiesl the right, privilege and franchise to operate the Water-
works System of said City; therefore,
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1: That in the event of judicial sale or
otherwise, of the mortgaged properties, in order to enforce the
payment of the THREE MILLION FIVE HUNDRED THOUSAND DOLLARS
($3� 5009000-00) "CITY OF WICHITA FALLS, TEXAS2 FIRST MORTGAGE
WATER71KORKS SYSTEM REVENUE DVIPROVEMENT BONDS, " authorized by the
qualified electors of said City, voting at an election held for
the purpose on the llth day of April, 1944, in conformity with
the Constitution and laws of the State of Texas, particularly
Articles 1111 et seq. , of the Texas Revised Civil Statutes of
1925, as amended, the said City of Vvlichita Falls herein and hereby
grants to the purchaser, or purchasersl under any sale or foreclosure
thereunder, the exclusive right, privilege and .,franchise to operate
said Waterworks System, and properties so purchased, for a term
of twenty years, dating from the purchase, subject to all laws
regulating same then in force, as is provided by Articles 1111,
et seq. , Texas Revised Civil Statutes of 1925, as amended; it
being the intent hereof to grant a franchise which shall bec=e
operative and effective only in the event of sale of the Waterworks
System under foreclosure proceedings, pursuant to the Indenture, or
Deed of Trust, hereinabove mentioned; provided, however, that as
authorized by Section 122 of the Charter of said City, such franchise
may be terminated by ordinance at specified intervals at the end
of each five (5 ) year period from and after date of purchase of
said System and properties under foreclosure proceedings. The
term "specified intervals" is here construed to mean that any
ordinance adopted by the Board of Aldermen for the purpose of
terminating such franchise shall be adopted by said Board within
one month from and after the end of each five ( 5 ) year period
during the existence of such twenty (20) year franchise, whenever
the City shall determine to acquire by condemnation or re-purchase
said System and all properties necessarily used in or convenient-
ly useful for the operation thereof; and the method of determin-
ing the price to be paid for said System and properties, in. event
condemnation proceedings are not instituted by the City, shall be
by arbitration as provided by the statutes of this State, with
the right of appeal reserved; and provided further, that such
franchise shall be subject to the right reserved by the City in
Section 123, of its Charter; that is to say - - -
(a) To repeal the same by ordinance at any
time for misuse or nonuse;
(b) To require proper and adequate extensions
of the System and service, and the maintenance of the
System and fixtures at the highest practicable standard
of efficiency;
( c) To establish reasonable standards
of service and quality of water furnished con-
sumers and to prevent unjust discrimination in
service or rates;
(d) To prescribe the form of accounts,
and at any time to examine and audit the accounts
and other records of the System; and,
(e) To imDose such other regulations
as may be conducive to the safety, welfare and
accomodation of the public.
SECTION 2: That, in addition to the ocnsideration,
which is the basis for this franchise, grantee wLll pay herein
annually to the City of Wichita Falls, the sum of Five Dollars
($5.00) for each year this franchise shall be operative.
SECTION 3: When this franchise becomes effec-
tive by reasm of foreclosure and sale, as is hereinabove
provided, if grantee desires to operate under said franchise,
it shall file a written acceptance with the City Clerk of the
City of Wichita Falls#
SECTION 4: The properties covered by this fran-
chise shall be all properties, real, personal, mixed, or other-
wise, comprising the Waterworks System owned and operated by
said City at the time of any such foreclosure and sale*
SECTION 5: This ordinance will not beccme
effective until adequate public hearings have been held thereon
and until two weeks after its official publication in final form,
as provided by Section 121, of the Wichita Falls Charter ; that
public hearings will be held on this ordinance on the 29 day
of key —9 1944, and on the 5th day of June
1944; that this ordinance is to be published twice, the first pub-
lication being not less than 5 days prior to the first
public hearing, to-wit: May 24 —, 1944, and the second
publication in final form to be not later than oAe
days after the second public hearing, to-wit : June 6
1944; and the City Clerk is hereby authorized and directed to
publish this ordinance in WICHITA FALLS RECORD NE11S, which is
the official newspaper of said City, and. in the time and nanner
herein prescribed.
PASSED AND APPROVED, this the day of
1944.
Mayor-, City of Wichita Falls, So
ATTEST;�,,,
Falls,
City 'Clerk, Cit-
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, 1;�f:z -1
adopted the Board of Aldermen of said City on the
day of, 1944, at a regular meeting of said Board
13
of AlFermen, and that it has been properly enrolledt placed
in the office of the City Clerk and approved by yor,
having been recorded in Ordinance Book Number
of the Ordinance Records of said City.
WITNESS MY HAND AND SEAL OF THE SAID CITY OF
WICHITA FALLS, TEXAS, this the ZL_day of 1944.
Clerk, City of Wichita
Falls, Texas.
(City Seal)
PUR61JAIN 1 10 Ille P- - ------- --
21 of �he Wichita Falls Charter, pub- find mortgage records of Wichita Coun- necpa.�p
Ic heariiig on Ordinance No. 1387 will ty, TexR�. and of Archer CukintY. tlzie eve4 of saV, of the waterworks
be held by the board of aldermen In Texas; And, i ,; system tinder for�closure proceedings,
the council room of the Memorial Au- Whereas, such Indenture or deed of pursuant to the indenture, or deed of
ditorium at 8 1 o'clock, p. m., on the trust lips been chily executed and filed trust,hereirilbovo mentioned; provided. IAVIT OF PUBLICI
29th day of May, 1941, and final pub- for record in accordance with the however, that as authorized by Sec-
he hearing on Ordinance No. 1381 will sforessid ordinance No. 1384; and, tion 122 of the charter of ssid city,
be held by the board of Aldermen In Whereas, the board of aldermen hsq Such franchise may be terminated by, XAS
the council room of the Memorial duly Ascertained that su Ch indenture, ordinance at specified Intervals At the
Auditorium at 8 o'clock, p. m., on or deed of trust, has been recorded in end of each five (5) year period from
the 5th day of June, 1944.-W. B. Hain- volume 162, page 5 et seq., of the deed and after date of purchase of said sy�,- ITA
ilton, mayor, city of Wichita Falls, of trust and mortgage records of tern, and properties tinder foreclosure
Texas. Attest: Geo. T. Henderson, city Wichita County, Texas, and that the prVeeding.g. The terib "specified In-
clerk, city of Wichita Falls, Texas. same has been filed in the office of tervals" is here construed to mean that
(3eal). the county clerk of said county as a any ordinance adopted by the board of,
ORDINANCE NO. 1387 chattel mortgage, being chattel mort- Aldermen for the purpose of terminat-
of A, gage, No. 831, registered In volume 62, ing stich franchise shall be adopted by -------------------------- day of ------------------J1
"An Ordinance by the board said board within one month from and ......
dermen of the city of Wichita Falls, page 65, of the chattel mortgage reg- a
ister of Wichita County, Texas; And, fter the end of each five (5) 7crtr
Texas, expressly granting to the pur- Whereas. a part of the lands com- period during tile existence of,such
chaser, or purchasers of the water prising the City's waterworks system twenty (20) year fronchise, wh never efore me, the undersigned autho.
works system of said city, the ex- being in Archer County, Texas, the the city F-.bqll determine to acquire by
elusive right. privilege and franchise condemnation or re-purchn.ge said syr-
to operate the said system, In the event board of aldermen has also duly As- tein and All properties necessarily used
of default in the all or certsined that such Indenture, or deed
payment of o f trust, has been recorded In volurne in or conveniently useful for the Oper- Isibert.........................................................
any portion of the $3,500,000.00 'City of
Wichita Falls, Texas, First Mortgage 27, page 58. et seq.. of the deed of ation thereof: and the method of de-
Water Works System Revenue Improve- trust and mortgage records of Archer terraming the price to be paid for said
ment Bonds' authorized Fit the elec- County, Texas, and that the same has -system and properties, In event con- ipany of Wichita Falls, publish
tion held in said city on been filed in the office of the. county deranatlon proceedings Are not nsti-
April 11, tuted by the City, shall be by arlittra-
1944, for the purpose of Paying Off, clerk of said county a,% a Chattel mort- tion as provided by the statute.% of
refunding and cancelling $351,000.00 gage, being chattel mortgage No. 2244. tbig stat'r' with the right; of Appeal re- newspaper published at Wichi
'City of Wichita Falls, Texas, Water registered In volume 22, page. 5381 of served' and provided further, that such
Works System Improvement Revenue the chattel mortgage register of Ar- franci�tse shRII be. siibject to the right
Bonds,' dated Oct. 1, 1940, and for the cber County Texas: and. resrrved by the city in Section 123, of
purpose of purchasing, additional wa- Whereas, In Accordance with the its chartef,; that is to ,;.,iy- )n being duly sworn by me, on
ter' powers, riparian rights, improving, Aforesaid ordinance No. 1384, the said (a) To repeal the same by ordinance
enlarging, extending And repairing such Indenture, or. deed of trust, does st'P- at any time for misuse or nonlise;
system at a cost of not exceeding $3,- :ulate and provide for R grant to the (b) To require proper and adequate
149,000.00, authorized by the constttu- �purchascr, or purchasers, tinder any extensions of the system and service, is a true and correct copy of a
tion and laws of the State of Texas, sale or foreclosure thereunder a,fran- and the maintenance of the system and
particularly articles 1111 et Seq Re- chise to operate,� said waterw�rks *sys- filture.� at the bighest practicable
vised Civil Statutes of 1925, as a�iend- tem, and propefiles so purchased, for sta -d of effljency;
ed, and which franchise shall run for m term of 20 yl6ars. dating from the ndsi
c) To est,blish reg.sonable standards
a term of twenty years from the date purchase; And, f service and qklftlity Of WAter fur- ................ issues thereof on
the properties of said water Works sys- Whereas, as provided by Section 121. 0 nished consurners And to prevent Lin
tem way be acquired by such p6r- of the Wichita Falls charter, the fol just discrimination In service or rates;.
chaser or purchasers, by judicial sale, lowing public written report containing (d) To prescribe the form of Fie-
or otherwise; and enacting provision, recommendations In respect of the counts, and at any time to examine
incident and relating to the subject proposed franchis has been made to ad audit the accounts and other le-----Q*...............
And purpose of this iordinance." , ' thl.4 board by tht4 Acting city manager: records of the system; and, ------.........................................
Whereas, heretofore, to-wit: On the To the Honorable Mayor and Board (e) To impoee such other regula-
I I lth day of May, 1944, the board of Of Aldermen, of the City of Wichita tions as may be conducive to the
aldermen of the city Of Wichita Falls, Falls: saf#y, welfare and accommodation of
Te pur uant to authority conferred Pursuant to Section 121 of the Wi6h- the'public.
byxatsh'e constitution and laws of the ita Falls charter, I hereby recommend Section 2: That, in addition to the
state of Texas, particulnAv Articles 1111 the adoption of An ordinance granting consideration, which is the basis for
to the purchaser or purchasers, of the this franchise, grantee will p.-:y herein, Book7ceeper for...
At seq., Revised Civil Statutes of 1925, t orks system of said city. the ex- annually to the City of Wichita Falls,
As amended, and also pursuant to An- wa erw
thority conferred by a vote of the clusive right, privilege and franchise the, sill, of five dollars ($5.00) for of WichitaFalls
party taxpaying voters of to operate the said system, in the event each year this franchise shall be op-
qualified pro' ent of all, or a
said city, voting at an election held of, default In the paym rative.
for the purpose on the 11th day of Any portion of the $3,500,000 "City of Section N: Whfn this, franchise be-
April, 1944, passed and adopted that Wichita Falls, Texas, First Mortgage comes efffTtive by reason of foreclosure,
C rove- -ale, - n to before me this the day air
certain ordinance, the caption I Which Waterworks System Revenue Imp and F A., Is hereinabovp provided, if
itient Bonds," authorized at the elec- grantee desires to operate under said
Is as follows: tion held In said city on the llth day franchise, it Fliall file, it writlen ar-
ORDINANCE NO. 1384 of April, 1()44, for the purpose of pay- ceptance with the city clerk of the
"An ordinance by the board-of-al- Ing off, refunding and cancelling $351,- City of Wichita Falls.
dermen-of,the City.,Of Wichita Falls,l� 00() -,(Iitv Of Wichita Falls, Texas, Section 4: The properties covered by
om
Tey,a,.,, autborizing the. issi ance of' System�,Improvemenbr-,,r, this franchi�e Phall be Fill properties,
0
bonds In the princip0l slull Of $3.0 0,- cnue Bonds" dated Oct. 1, 1940, real, pergoriml,mixed. or otherwise, c
Wichita .. ..... ..............
......... ........... ......... ....
000.00, designated As 'City Of and for the �urpose of purchasing addi- pri��ing the wnterworks system owned .......
Falls, Texas, First Mortgage Water tional Water powers, riparisn rights, Ill- and operqtcd by Faid city at the ti e XNotary Publi, in and
me
Works System Revenue ,Improvement proving, enlarging, extending and re- of any such foreclosure and salO.. T
Bonds,' (being part of a total author- pairing such system at a cost of not Section 5: This ordinance will not be- Texas.
ized issue of, $3,500,000.00 bonds ftu- exceeding $3,149,000, as authorized by come effective until adequate public �� _I A
thorized at an election held on April the general laws of the State of Texas, hearings have been held thereon find JESS IVICLARRY, NOT�
11, 1944, for the PU1*POse Of Paying particularly Articles 1111. et seq., Re- until two weeks after its official pub- AND FOR WICHITA CC
off, refunding and cancelling $351,000-00 vised Civil Statutes of,,1925, as amended. lication in final form, As provided by
'City of Wichita Falls. Texas, Witter By said Article 1111 It is expressly Section 121, of the Wichits. Falls char-
Works System Improvement Revenue provided that Any city Issuing bonds ter; that public hearings will be held
Bonds,' dated Oct. 1, 3.940, and for the thereunder, end as additional security on this ordinance on the 29th day of
purpose of purchasing additional W11- therefor, by the terms of such encum- May, 1944, and on the 5th day of June,
ter powers, riparian rights, improving, brance, may grant to the purchaser 1944; that this ordinance Is to lip
enlarging, extending and repairing such under sale or foreclosure thereunder, a published twice, the first publication
system at a cost of not exceeding $3,- franchise to operate the system and being not less than five days prior to
149,000.00, as Authorized by the gen- property so purchased for a term of the first public hearing, to-wit: May
eral laws of the state of Texas, par- not ovp
.r 20 years after purchase, sub- 24, 1944, and the second publication
ticularly Articles 111.1 et seq., Revised ject to, All laws regulating same then In final form to be not later than one
Civil Statutes of 1925, as amended); in force. day after the second public hearing,
providing that the said $3,000,000.00 It is believed that It will be to the to-wit: June 6, 1.944: and the City
bonds shall be Issued In two series, best interest of the city In the Issuance clerk Is hereby authorized and directed
being 'Series V for. the sum Of $I,- of said bonds to support the same with to publish this ordinance in Wichita
000,()00.00, of which $351,000.00 will be all'�ecurity authorized by the pertinent Falls Record News, which Is the of.
used for the purpose of paying off, stpitu'te. ficial newspaper of said city, and in
refunding and cancelling 8, like, prin- R,espectfully AubmItted, this the 22nd the. time and manner herein prescriber].
cipil amount of the Aforesaid o"t- day of May,. 1944. Passed and approved, this the - day
standing bonds. and $649.000.00 thereof GARLAND FRANKS. of May, 19A4.
will be used for the purpose of ac- Acting City. Manager. mayor, City of Wicli,
quiring the authorized water works And whereas. the board of aldermen Its,Falls, Texas.
improvement,s� And being 'Series 2' for also deems It advisable And to the in- Attest: city clerk
the sum of $2,000,000-00, which arnolant terest of said city to grant by ordinance City of Wichita Falls, Texas.
will be used for the purpose of PC- to the purchaser or purchasers, of said
authorized water works w (City Seal)
quiring the aterworks syst;m, pursuant to any
improvements; prescribing the form of judlci�* sale. Or otherwise., of the
bond, interest cotipons, And certificates mortgaged properties, the right. priv-
of registration; pledging the revenueA ilege and franchise to operate the
of the city's water works system to the
of principal and interest of waterworks system of said city; there-
payment fore,
the bonds, after providing for the ex- Be It ordained by the board of alder-
penses of operating and maintaining men of the city of Wichita Falls,
said system; further securing said bonds Texas:
by a first mortgage on all the prop- Section 1: That in the. event of Judi-
ertieq comprising the city's entire wa- cial sale or otherwise, of the mortgaged
ter works system, Acquired or to bO�ac- properties, In order to enforce the pay-
quired; enacting provisions incident and ment of the three million five hundred
relating to the subject and purpose Of thousand do)lars ($3,500,000) "City
this ordinance' and declaring an emer- of Wichita Falls Texas'First Mortgage
gency"; and which ordinance. Is of Waterworks Sysiem Re'venue Improve-
record In Ordinance Book No. 8, of the meilt Bonds," v6uthorized by the quali-
Ordinance Records of said city; and, fled electors of said city, voting at An
Wheress, it is expressly provided in election held for the purpose on the
the aforesaid ordinance that it Is not Ilth day of April. 1944, in conformity
desired a,t this time to Issue All of the with the constitution and laws of the
bonds in the Amount Of $3,500.000.00 State of Texas. particularly Articles
voted for on the proposition, and that JUI at seq,, of the Texas Revised Civil
$3,000,000.00 is the amount of bonds to Statutes of 1925, as amended, the said
be issued tinder and pursuant to sa.ld City of WlChItA Falls herein and here-
ordinance', and that the remalnlng by grants to the purcb�,qser, or pur-
Amount of said bonds, to'w't: $500'_ chasers, under any sale or foreclosure
000.00. shall be issued at a future date thereirrider, the exclusive right, priv-
or dates, when, In the judgment of the leg` And franchise to operate said
Board of Aldermen of said city, the watfprVvorkO system, and properties so
,said Amount is needed by the city for purchased, for a term of 20 years,
the purpose for which it Was author^ dating from the puriChase, subject to all
ized; And that all of the said $3,500.- laws regulating same then In force,
00().0 bonds, A uthorized at the sai3d as 1.9 provided by Articles 1111,3et seci-.�v
r
r
id
eledt?on, shall be. when and as the Texas Revised Civil StAtUtes of 1925,
same, are:last A__ amended; It being
,led,-1trid.soJdj,,rqtaply' as- the intent here-,
tr*ry
sotwe ---glc0e, rt�
e
waterworks system, And by the tering
of the mortgage or Indenture executed
'to �Mrther secure the same, and o
any supplemental mortgage or inden
ture. in such manner that no o
bond shall have priority of lien or
any other bond of the entire series; ad"
Whereas, it is also provit ed in
aforesaid ordinance that the mayor at,
city clerk will execute a proper Inde
ture or deed of trust, making effec.
tive the lien on the city'A entire wa-
terworks And on, the revenues
and income of such system to pay
the principal, of Find interesi on the
entire series of $3,500.000.00 bonds au-
thorized at the said election, when
and as such bonds are issued,,�W,�l rig�
1� �iIt
the City National Bank In cl ta,
Falls. Texas, As trustee, and shall,file.
u0,,!1.a
@q AFFIDAVIT OF PUBLICATION
,s,nor, ,,S �q P uaaq aAEq,
J�01 10juas 'Ll, sdol,,
Ka @q1 - THE STATE OF TEXAS
�' '-'V-1
�Sam aM Ple
aql 10 SSE,, @jq, se sqniz) U-131sea COUNTY OF WICHITA
,dop TL10s2GS_@:La
Paloqel SJOI aaAojq
�u�;@q jou sE!Ll Uapis auul?!�
0�1?�DILJO PU'a 194.4
Is , Lmd5 - Dn this----- ... ......J.i"
'2��-Uaj"Ds I a Paq 4�0.[Jac[ --6.th...................................... day of ......
LU -1q all� alltliv� P0
110�0 �io()� Sul", -dfjD '00�' 9- ap�e I �
.1 It-ej '�luo W, personally appeared before me, the undersigned authority,
_Ueui o; �ftll , S plaq e,
Is d,
sin I"
at,, p@p, a_ez)!q'3:
'4!043C'�
Me"Selbert................. .................................... bookkeeper for the
pUp. e Jos
L99* Appi o1a �ql t
0q11A sajuNl blishers of the Wichita
;0 OT PUE GLU13t P- 'Paooas��h Times Publishing Company of Wichita Falls, pu
0 115eq AX3,q E U! :3
UT 'tu��Juls
01
jq�la ISOT
pue , PU'2 Falls Record News, �t newspaper published at Wichita Falls in Wichita
U@1Lv& PE01 ;'Eq
'e P�q Sjju%�� qZ'n0TA;lV
Swelu se UIN, o; alqe SUN, UE! County, Texas, and upon being duly sworn by me, on oath states that the
U, qnJ'j
I@W'V aq,[ I U,
��u 'Pu-_ J�nle'L �Mol 19-Til 01
UTqs attached advertisement is a true and correct copy of advertising published
d 1011 S-1Q1'aU@S uol� .
-peg P C a
que 0
n the following dates;
;sea I jn 0.
............... issues thereof o
....................
o[lpinq
q U, ;Sol pu-e ir
U,
Tjj�'� U1 lleq pa"',
jo 40"a �'U. P- - May 244....aXId----j1M.q....0.0.................................................................... ........... 1944
,, SMoA�iAlnos All.a
spal'a Pa _Sj_.4t),e@q-ajq 0
saijas y
'�epuns tw-"A papua qz)IqA,,
Puoz)@s @q' 'a' s@[Jolol-
0 0
� guolloas.1alu! a'usloap Pula SP T,33 e ............................:��_...................................................................
aLj� —,u,oed Sa1uA\-`9 1440q U, Bookkeeper for Times Publishing Company
auop S A"oq ul@Ll; pa,,oqs s�noi of Wichita Falls
aunr A902� 2�9M
1+ MDVc
'94OUILUO Subscribed and sworn to before me this the day and year first above
written.
PU--# spjo:)
oAs
�_i-c___in---a---
.............. ......... .... ...... ...... ..... ... ....
No tary Pub lic in a n d for Wi c h ita,
�V i
(SEAL) x
Texas.
JjEsS MCLARRY. NOTARY pUBLIC IM
_ry. TEXAS
AND FOR WICHITA COUN