Ord 1386 5/22/1944 ORDINANCE NO. 1386
"AN ORDINANCE by the Board of Aldermen of the City
of Wichita Falls, Texas, ratifying and approving
the Trust Indenture dated as of the First Day
of May, 19449 executed by the Mayor and attested
by the City Clerk of said City to secure payment
of $3, 5OOvOOO.00 ' CITY OF WICHITA FALLS, TEXA.S,
FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVE-
MIENT BONDS19authorized at the election held in
said City on the llth day of April, 19449, for the
purpose of paying off� refunding and cancelling
$351000.00 'City of Wichita Falls, Texas, Water-
works System Improvement Revenue Bonds' dated
October 1, 1940, and for the purpose of purchasing
additional water powers, riparian rights, improving,
enlarging, extending and repairing such system at
a cost of not exceeding $3,149000.00, as author-
ized by the general laws of the State of Texas,
particularly Articles 1111 et seq. t Revised Civil
Statutes of 1925, as amended, and which said Trust
Indenture was executed by the Mayor and City Clerk
in accordance with Ordinance No, 13P4
passed and adopted by the Board of Aldermen on the
11th day of May, 1944, recorded in Book No. 8
of tR—e—Urdinance Records of said City; approving
and confirming the execution of such Trust Inden-
ture by the Mayor and City Clerk, respectively,
of the City of Wichita Falls, Texas; enacting
provisions incident and relating to the subject
and purpose of this ordinance; and declaring an
emergency,"
WHEREAS, HERETOFORE, to-wit: on the 11th day
of May,, 1944, the Board of Aldermen of the City of Wichita Falls,
Texas, being in Regular Session, adopted an ordinance authorizing
the issuance of $3000, 000.00 Revenue Bonds of said City to be
designated as "CITY OF WICHITA FALLS, TEXAS2 FIRST MORTGAGE WATER-
WORKS SYSTEM REVENUE IMPROVMUNT BONDS, SERIES 1", dated May 1,
1944, aggregating in amount $12OOOo000.000 and, "CITY OF WICHITA
FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM REVENUE IMPROVEMENT
BCNDS, SERIES 2, 11 dated May 1, 1944, aggregating in amount
$29000yOOO.00; (being parcel of a total authorized issue of
$33, 5002000.00 bonds authorized at an election held on April 11,
1944, for the purpose of paying off, refunding and cancelling
$351,000.00 "City of Wichita Falls, Texas, Waterworks System
Improvement Revenue Bonds, " dated October 1, 1940, and for the
purpose of purchasing additional water powers, riparian rights,
Improving, enlarging, extending and repairing such system at a
cost of not exceeding $39, 149000-00) and Providing for the pay-
ment of the entire series of $39500, 000.00 bonds from the income
and revenue derived from the operation of the Waterworks System
of said City, and further securing said bonds by a mortgage lien
on all of the properties of said Waterworks Systemj which ordi-
nance is recorded in Book Number 8 of the Ordinance Records
of said City, and reference thereto is here made for further and
more detailed description of said bonds; and,
WHEREAS, it was and is provided in the aforesaid
ordinance that the Mayor and City Clerk will execute a proper
Indenture or Deed of Trust making effective the lien on the City's
entire Waterworks Systems and on the revenues and income of such
System, to pay the principal of and interest on the entire series
of $395009000.00 bonds authorized at the aforesaid election, naming
the CITY NATIONAL BANK IN WICHITA FALLS, WICHITA FALLS, TEXAS, as
Trusteep and shall file a duly authenticated copy of such Inden-
ture with the City Clerk and the same shall also be placed of record
in the Deed of Trust and Mortgage Records of Wichita Countyq Texas,
and of Archer County, Texas; and,
WHEREAS, 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. 1684 , have executed and acknowledged,
for and on behalf of said City, that certain Trust Indenture (herein-
after referred to as the "INDENTURE") dated as of the lst day of
May, 1944, naming the CITY NATI%TIAL BANK IN WICHITA FALLS, WICHITA
FALLS, TEXAS, as Trustee, wherein and whereby, for the purpose of
securing the Payment of all of said bonds, the City has mortgaged
and Pledged its entire Waterworks System and the revenues to be
derived from the operation thereof and which said Indenture has
been also executed and acknowledged for and on behalf of the said
CITY NATIONAL BANK IN WICHITA FALjjS2 WICHITA FALLS2 TEXAS, by
H. R. Y—r;, —, its duly authorized wc� esider)+
and by Claud lrhaug,ir- its duly authorized U-,0iii-r
and the same has been duly recorded in Volume Page 5
of the Deed of Trust and Iklortgage Records of Wichita County, Texas,
and has been also duly recorded in Volume 29 , Page 59
of the Deed of Trust and Mortgage Records of Archer County, Texas,
and reference thereto is hereby made for a description of the
properties mortgaged and pledged, the nature of the security,
the rights of the holders of said bonds; and of the Trusteet and
of the City, in respect of such security; therefore,
BE IT ORDAINED BY TBE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS:
,SECTION 1: That the Trust Indenture between the
City Of lifichita Falls, Texas, and the City National Bank in Wichita
Falls, Wichita Falls, Texas; dated as of May 1, 1944; to secure
Payment of THREE MILLION FIVE -HUNDRED THOUSAND DOLLARS ($3; 5001000.00)
"CITY OF WICHITA FALLS, TEXAS, FIRST MORTGAGE WATERWORKS SYSTEM
REVENUE UTROVEMENT BONDS, " and which said Trust Indenture
was duly' 'signed and acknowledged for and on behalf of said City
on the — , 16 day of May, 1944, by W. B. Hamilton, its Mayor, and
George T. Henderson, its City Clerk, and also duly signed and
acknowledged for and on behalf of the City National Bank in Wichita
Falls, Wichita Falls, Texast on the __ 11; day of May, 1944, by
i-T. R, You rw its Vice President, and by
ClAild—Yaughn its —Cashier all in pursuance
of authority conferred by the aforesaid Ordinance Numb er
Passed and adopted on the ' 11 day of May, 19442 and recorded in
Book No. 8 of the Ordinance Records of said City, shall be and
the said Trust Indenture is hereby, in all things) RATIFIED,
CONFIRI-TED, and APPROVED, and the execution thereof by the officers
Of said City and officers of said Trustee bank, hereinabove named,
shall be and the same is hereby, in alithings, RATIFIED, CONFIRMED
and APPROVED; such bonds being the 0., 500,000.00 "CITY OF WICHITA
FALIS; TEXAS; FIRST MORTGAGE WATERWORKS SYSTEM RETEVUE IMPROVEMENT
BONDS, " authorized at an election held on April ll,, 1944� for the
purpose of paying off, refunding and cancelling $351, 000,00 "city
of Wichita Falls, Texas, 101aterworks System Improvement Revenue
Bonds.. " dated October and for the purpose of purchasing
additional water powerso riparian rights, improving, enlarging,
extending and repairing such system at a cost of not exceeding
$3t149000-00, as authorized by the general laws of the State
of Texas, particularly Articles 1111 et seq. , Revised Civil
Statutes of 1925, as amended,
SECTION 2: It is hereby declared that the
aforesaid ordinance is an emergency measure; that in order to
improve, enlarge, extend and repair such Waterworks System at
the earliest Possible date, there Oxists urgent Public need for
Preservation of peace, health an'd safety of property that this
ordinance shall take effect from and after its Passage, and it
is so ordained.
PASSED AND APPROVED, this the 22nd day of
Way
1944.
10.
Mayor,- CiEY of WiCKTt`aa`llsj�exa� s,
ATT:ES
Of Wic 1`taa=ss,
Tex;s*
(City Seal)
CERTIFICATE OF CITY CLERK
THE STATE OF TEXAS,
CITY OF WICHITA FALLSt
COUNTY OF WICHITA.
Il George T. Henderscn, City Clerk of the City
of Wichita Falls, Texas, DO HEREBY CERTIFY that the foregoing
is a true and correct copy of Ordinance Not 1386
adopted by the Board of Aldermen of said City on the 22nd
day of may 1944, 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 Records of said City.
WITNESS My HAND AND SEAL OF THE SAID CITY OF
WICH.ITA FALLSj TMS, this the 2;5rd day of May 1944.
c c t er , C ty of W chl- a F
Texas .
(City Seal)