Ord 1364 7/12/1943 y q,i� ��i BOX,:,,.D OF 2 in
F035; MASS ADTHORIZIPG THE !S6u',.HCh Olt' TD�,' �iAi Il' THE
PRIMA! oUL OF 161,000-00 DKIW"L) ,j "CITY OF _'ICEITi, F�d,!,��,
I - - . q, - -- , it!178" FOH THE PURPOWE
'_�U�:THY CLUB WaTal CF
')F j�"YI1�G Th-, p aCh AD OF
1- C
CCU! T!Y CLUB W_.T.L;L� W ME CITY CF �IjHIT'�
,,U-�,Cj BY Th- CITY CF 'I(,T1IT �
FaL' CF =M WT 101201 COUPOE31 PLIDGIN A PART
0-F wL, ALWAYU! OF TH a CITY AIT41 :W6 SYSTI: TO TV 10. M OF r 21,;!�
lip L T V AQ A TH" 1T,
TO CITY OF
TEXAS 4SWCUM vyon?. M573 :1 T invil 0 lclh� K
I oy SECOW
Is6ujL �J�D OUTjT.'17DI1,'G; FUIRTH.' Rt S-',.ID
01"' LL THE PHOPERTIES COEFAMIN THE CITY16
OR TO BE AGINIM; AKD GnMING A 1AAACEIS10 EMACTIM
CF T',IIS
6�u!ATD.�,,]� TC THE' SUBJ.-JOT AITL� ic _PC-
1hereasl the Cit.,, of Whita Falls has contracted to purchase
from the Hamilton-Lartin Investment Company all of the water lines
and waterworks system and systems; all of the sanitary sewer lines
and sanitar,,' sewer system and systems and all of the storm sewer
linesand stonu sewer system or systems now located in what is known.
as the Country Club Estates Wditions in and adjacent to Ohe City
of Kchita Falls, Texas, together vdth all easements, r?Zht of ways
and ot'nier rights and properties noq used in connection with smae or
thit ray be necesnAry hereafter in the operation, maint�nance and
extension of said systems for a total consideration of 178,710-46;
V17,710.46 in cash and the issu%nce and delivery as part of the pur
chase price thereof revenue time warrants in the sum of 061,000-00;
to z., o 6 years from the date thereof, bearing
-ature sei-ini-1y from 1 L
interest at the rate oftwo and one-half (2') per cent, per annum�,
rtgage on the
pay-able zame to be secured by a second mor
waterworks system of said city and the franchise an.6 incane thereof;
anb
-,liereas, it is necessary before the consunnation of said
contract and the purchase of said systems, easements and etc., that
provision be made for the consum�,�i tion of saij contoact and for the
issuance and delivery of said ti ,-,.e warrants.
OF
�i:]D BY cF
B E Ili, I
CITY OF ICHM'i F�Li,bp A�D YOLLCIij:
Section 1, That the action of the Board of UderrLen in ',_uthorizin.-�
the purchase from the Hamilton-hartin Investment Company all of the Amter
lines and wate-f, works syshum and systems; ail of the sanitarly sewer lines
�LnJl sanit�-_-,,.ry 3eNer system wad systems and all of the storm sewer line and storm
sewer system. r systems now located in Mat is known as the Country Club Estates
together with all
i,�dditions in nd adjaceM to the City of Aichita Falls, Texas n
ease2ants, right of jja,,,�s %1�j r)ther rignts and properbies now used in connecM
c, `=eafter in the opera ion, mamintenance And
,ith snne Ur th:_�t aay be necessarY ,
extension of said sysh!W for a total consideratioi of 178,710.46 is hereby
_1tifieJ and confir_�ed.
Section 2. That the action of the Board of approvil-�..' Z-ft'd ratifyinz
the purchase of the above descuibed properties from the Hamilton-whrtin Inwestment
(,,or,1pajay is ��ereby specially ratified and confinned.
6ection 3, That in order to purchase the waterworks system, sanitary
sewer sy5too, and ston" sewer system and all easements in what is kno,,,�Jn as the
Country Club EstAtes Ad2itions to We CMV 0''' KIK41 711133 Nnas, for the
2=90s e Cf ippTovinZ, an ' erivrZinZ and axtendinE, the water works sys-
tem of said city, it is round necessary by the Mard of Aldermen to issue
Q61,000.00 of water improvement revenue narralInts by virtue of authority eX_
Pressi - n—fered by tho Charter of the Cit, of jdchita Falls and the laws
of the,the-State of Texas., particuilarly 1131 et seq., Texas aevised
Civil Statutes of 1-1,25 as ,u,!�:_erZed, determined to Drovide for a serial
1
""ity of -,1ichita Fal ls, Texas, Coantry
of coupon warrants to be designated as le az to both principal and interest
Club !states 4ater 'farrants" Payab
he citys water works system and further se
solely from the revenues of t water works system subject to and
cured by a mortgage on the city' s entire"Ater dorks System Improvement Revenue
second to City Of �ichita Falls, Texaco iny. Said- encuEbrance on R& Jed7e
Bonds heretofore issued and now outsta& ior of the reasonable ex-
of said revenues as above proviNd after the deduct
penses of operatinE animaintaininE said water works system as said- erpenses
are defined by statute.
ACTION 4. That said warravts shall be numbered consecutively from I
to 61, both inclusive, shall be of the dencAnations of 01,000.00 each,,
- I
a77re7atinZ the sum of IA41 000-06-
MAUL 5, That said warrants shall be dated the 15th day of July &.D..,
1043; and, shall become due and payable serially according the the following
schedule: -1 UrTS
�--MT Vul IRS IAT jTY DATI� ill--Cl
,,�;V Is-,—h-S,-, L
-Tall inclusive July 15, 1944 11,000.00
1-il July 15, 1945 10,000.00
12-21 July 15, V46 10,000.00
22-31 July 15, 1947 10,000.00
32-41 July 15, 1948 10,000.00
42-51 10,000.00
52-61 Judy 15, 1949
SECTION 6. That the principal of and interest on said series of warrants
shall be payable on presentation ar? --urvender of varranQ of proper coupons, in
lawful money of the United States of America, at the Office of The First Yational
Company of Aichita Falls, Texas.
NNW 7, That each of said varrents shall be signed by the Layort
countersivnet by the City Clerk, and. sealed with the sea! of the City; and the
interest coupons attached to said warrants shall be executed by the Yayor
and City Clerk; and each warrnnt may be reFistered ac to principal only by the
City Clerk, at the option of the holder.
NOTION 8, That the -�.-arrants to bc issued hereunder and the coupons to
pro the 7rasteels Certificate to be endorsed on the asrrprts,
be attached hereto, respective-1- mitt appropriate
are to be substartiallY in the followin; forms, as hereinafter
omissions, Wertiors Pro variations permitted or otherwise,
provid2d:
(K-1�� OF
KO.� UNITIM 6T,,Thb OF A1`111i'-,ICA $13000.00
STATE OF ThIAW -t
CITY OF ACHIT;,� TAXAS COULT12Y
CLUB ST Ma
.&MITT6.
The City of nichita Falls in the CountY Of `�ichita in the State of Texas
n acknovled�es AMIT indebted and here y pro ses to
for a valuable consideratic I
t- its assignee on > e 15th 6ay
in Investment Company or 11
pay to the Mylltr 0, ychita Falls, "exas
, f-I The First K,- -1
of July itiona.
OYE THOUSAND DOLLAN
in lawful money Of the United States of Inerica with interest thereon from the
(Q ) per centum. per annum, interest
date hereof at the rate of two ant one half i
payable January 15, 1944 and semi-annually thereafter on January 15) and July
15 of each year upon presentationand surrender of proper coupons ani the
Treasurer of said City is hereby authorized, ordered) and directed to pay to Ham
ilton !Artin Investment Coapany or assignee said principal sum toyetYer with
interest thereon evidenced by couporE hereto annexed interest and principal pay-
able at the bank above named.
In the event the sum of rnoney represented by this Viarrart and annexed coupons
shall not be paiC at the same shall thereafter bear interest at the rate
of three (3) per cent per annwu until fully paid and in the event of such default�
of any coupons attached
and it becomes necessary for ths holder hereof Or hcl"rs
hereto to place claim therefore in the hands of an attorney for collection or
to institute suit Wepeon the City of Falls promises to pay to the holder
fees and that said warrants are issued under and
an additional 10% as attorneys ecuml1v secured by a Trust Indenture or Yortga,
in accordance with, and are all of the 15th day of july, 1943
(hereinafter referred to as "Indenture"), dated as
Texas to The First National COMMY Of e where-
of �dchita Falls, stee) Trustc ,
6-1ven by the cit'' er ,mEtines referred to as 7ru d >yr6 all the
.1chita Falls Texass (hereiraft crks sYstcm,
Lty has mmrtyaled its entire water w
in and whereby the 0: nable operating an't
revenues of the suid system after deduction of reaso escrM100 of the prop
0 vjjjicj-., Indenture reference is hereby ma6e for a C e Wits of the holders
t -ity and th
pledged, the nature of the secur
erty mortgaged and p stoo and of the City in rcoPect to &uch s
herdn and of the Tru the right to demand payment of this
The holder hereof sh;ll never have J by taxation.
Ob3inatier out of ary funds raised or to be raiseu , 1THOUNUD
warrants awrewating &XTY-OFT
This warrant is ann of a series of 'W - I red WE One (1) to
DCW�nd of a like date and tenor exce-';t to 11�"�turit�" rluj .-"(- "l,000.00)
(61) inclusive, of the denondn,ticr of OKE THOUSM DOWAS
sixty.one -t of the purchase price and as
each and is MUM Wr tit jM11C&C of jayiEE a 1ST r works system, sanitary sewer
of a part of a purchase price of the wate ountry
eviderce merts in rhat is kno7n as the 6
system, storr,-, se-vqer_,systen, and all ease -, Texas, which Kaye been I-r-
the City of �dchjta Falls h the lams
iditj _ of the
Club Estates -d . f -,,;ichita Falls, Texas in accordance Tit ised Civil
nyased by the City 0 Texas Rev
Texas anC particularly Article 1111 et seq'' of the
btate of nt to an ordinance passed by the Board
, ammended and pursua I-� '� Of
ttatutes of 1925 as ; , 1 - , is, Texas dujL,- recorded in the T_-aIUte,
of "IderNer of the City Of TA"Ita Fal
said Board of Aldermen. in confornityidth the ordinance above mentioned
The date of this warrant
is July 155 1943. unts, conditions, and
And, it is hereby certified and recited that all accO
to ari in tLE issuaywo of this uarrr,nt
thinZs recuired to be done and been performed in regulation and due
Love been -properly done, have happened
time as reqyired by law. or any interest coujon app,�� hereto shall be
Neither this warrant n thi s
� become valid , Iji2atory for any purpose unles,,, u.r.ti'_
-alid o.r xecution Of the certificate endorsed hereon
shall have been authenticated by tLe e
by the Trustee or its suc""rs "'I Trust under the Indenture.
WHEMOF, the City of idehita Fallss Texas, by its poard of
IN TEMIMONY rrart to be signed by its Layor and Countersigned
Aldermen has causeV this wz seal of said City and has caused, anrexed
City Clerk and sealed lith the yy the City Clerk.
by its ' count
coupons to be b, its 1,,,.ayor anc, djj�nue hereinabove
The date of tpis Parrant is in conforydty with the 0 1943.
mentioned, authorisinw its issuance being the l5tV day of July A-D-,
y of dchita Falls,Texas
------------- - !chita Falls,Texas
City Clerk,City of (FORK OF IMERMT COUPON) -
19
OF THL __ _DAY OF .........2 as her& y
cipal corporatioa Of the 6tate cf Teza j I-
the CITY OF dCHITA F-L", a mmuni r assi7nee, out of the f inds
Invost�ent Conw�rO� money of the
pro.-,,.ises to pay to is attached, and in lawful
this coupon ny of .,ichita Falls.,
specified in �;arranU to *h'ch
at the office',of The First Vaticrlal
United states of America> D&:nM W said
Masp M sum of "City of ;dchita Falls Texas, Country Club
sum heint 6 Xrrant ro.
Lstates jater Warrants"Nated
L-a-yor
City clan: TTJj,�T L��1�3 C,:�TJFIC��T_,E' _
--y P—TojID that this warrant is one of the series of Barrants
IT IS denture executed by tne City Of 4Lchita Foils, Texas,to
described in the Trust In T�
the undersign,ed Trustee, as of Jul! 15, 1943.
ME FI26T RATIQLAn
BY------- -
C�,:-ITIFICATE)
(No writinz hereon except by the city Clerk of the CKY of Tdch" Falls,
Texan
OF' D!Qwn��T: M;
---J--"Cdty CYark-
ity Clerk
City C'Ier:,-�
Cit, cier��,
City Clerk-
y Clerk
Avy Via&
e:�:ecidte a
--niediat
dIMIUNI 9. That the Layor and City Clark wi'
proper Indenture, or Deed of Trust, makinZ effedtive the lien on the CitYls
entirc ',Later-,�01",',s System, end on the -- evenuea and income of such System, to pay
the warrants and interest thereon as they mature, naming The First National Company
of '.,ichita Falls, Texas as Trustee; and the 1.,f,,yor and. City Clerk shall file
a duly authenticated copy of such Indenture sith the CKY Clerk, and the same
shall also be placed of record in the Deed of Trust and 15ortgage Records of lv;'ichita
the Indentare shall stipulate and provide
County, Texas, .4aong other provisions, nder.,
�or a Zrant to the purchaser or punchaserc under any sale of foreclosure thereu
JL nd properties so purcKased, for
a franchise to operate said ,jateri,,�orl-,s System, a fl.Ulating
a term of twenty (20) years, dating from the purchasel subject to all laws regu.
same then in force; such franchise to become operative and effective only in the
event of sale of the naterworks System under foreclosure proceedirZs; and as provided
22, of the Charter of said City, such franchise may be
and authorized by Section 1 intcr7ils at Ve vrd of each five (50 year
terminated by ordinance at specified a , y SZshem ard vroperties uoder fore-
period from knd after date of purchase oi Mk- -11" is here construed to meaa thadt
closuro proceedings, The term. specified intery.0
nay ordinance adopted by the 3oard of Aldermen for the yur;ose cf terLdnating such
franchise shall be adopted by sniC Board within one month from art after the cnd
of each five f5) year period durinZ the existence Of such twenty (20) year fran-
-in- e-pur-
,,all. deter-mine to cquire by conc'.e,,- ati n or r
chise, whenever the CKY S used in or convenient!! usefu
chase said 3ystem and all properties necesszK ermindn�- the price to be paid
for the operation thereof; and the method of det not
for said System an6 pr�pertiesf in event condemnation proceedinjs are
shall be by arbitration as provided by the statutes of
instituted by tim Min hise shall be subject
this State, with the right of appeal reserved. 6uch franc
to the right reservej by tne City in Section 123 of its Charter; that is to say"—
(a) To repeal the same by ordinance at any ti�6 for i-ird- suse or nonuse;
(b) To require proper and adequate extensions of the System and service,
and the maintenance of tke System and fixtures 0 the hivest practicable standard
of efficiency;
(c) To establish reasoniblo standards of service and quality of water
. � 1. scrimination in service or rates;
furnished consumers and to prevent unjusu al
(d) To prescribe the form of accounts, and at any time to exymine and audit
the accounts and other records of the System; and,
(e) To impose such other rec;qlations aE rpl ve copducive to the svfety�
welfare and accomod�--Ltion of the
All riZhts e:Kistin2- under such Indenture shall be and are hereby expressly
tection of said warrants and their
recognized and incorporntV herein for the pro
enf orc ement.
MOTIOU 10: That a Special FUM, which is hereby created and designated
as "City of �dchita Falls, TexaL Country Club Estates 1ater System Narrart Fund''
shall be set aside ouL of tpe operatinZrevenue of the City' s �aterworhs System,,
- n , qy expenses
after deduction of reasonable operation and maintenance expenses, — -,--
are definea by statute, and which 3pecial Fund shall be maintained and used for the
1.
of an I d interest on said warrants at maturity and for no other
payment of principal reby narn�ed and desiEnatcd as -the custodi��-J- Of said
pur-,)ose; and tile Trustee is he I— I
of such j n.com-e and r evenues of s JG '4ater'�Orl'�s
bpecial Fundl a sufficient anount d set aside, and such incorije anj reveriuP-3
Lys-ter, is hereby irrevocably Pledo-ed an and interest
ID 1110T -r,roraptly the princi,,,)al Of
be at all ti,,'-les sufficient to 11'-�) ,- V _,aturity dat escribed
n and as the saiLie mature, on the , e nerein pr
on said warrants whe of, tyc 4f,,.ca,--,e and revenues of
t C')ut
and the Cit., herelblir coveriants �--ind agrees a
E_j�_ and punctu-n1ly deposit the f ollowin- ano its
-s jYst it yill duly uthorized,
said iatenijork City P ordered
with -the Trustee, and the Clerk of saJ d City is hereby a
'a m ients direct to the
and directed to remit such amounts in equ Ont*,,-jv ins-talli-i
S4 ld by said Trustee and applied solely to
_L .4 mes Suffic-
fP jall be at all t1j.,
Irustee) and which depo ts are to be he
the purposes herein stated; such incomes and revenues si
-;dn�-, years so long as said warrants
jent to produce the followin- araount in the folio and unpaid; that is to
or any interest coupons theretoappertainir,�"?, shiall be outstandin-
to say 7)OT, CII�,�',�L 11 T
-`TS
0 UL__3
LTL
",�12525-
000 00.00 1�
July 15 1944 .00 .10 _11250.
July 15 10/45 2f.% 50,00(00 10,Ooo.00 3-250-00
40,000.00 103000.00 1000.00 11000.
Julv 15 1946 2 -1 C),
0 _L 000.00 750-00 10750.
July 15 1947 30100G-OO
July 15 1948 20 000.00 10.,000.00 500-00 10500-
Lg�.00 0
P 00.P
01! 000.00 10 ID '10
July 15 1949 10 10
1�1 I
Such total amounts shall be d posited in such special fund in equal monthly
91
before the IS *�l day of each month; and so lonlf-I as said warrants
installments on or _warrants or coupons, shall. be outstanding- and
,and interest cowpons, or any of said(� City sl-iall fix' and maintain rates and collect
unpaid, the Board of Aiderrien of sRi I i,,jhich
afforded b, ':-!ater,,vcn,-s System,
charges Lor the facilities and services ies;
Droduce revenues sufficient at all tii,
ii�tenance� depreciation, replacement and
(1) To pay f or all. operation� j-,qa
betterment charges of th.e said .,17ate-,-wor'l-�s System;
(2) To establish and maintain the -said "CITY OF ;1CHIT1c`1 F_,,-1L"., TLX�6
COU',�.L'_�Y GLU,`, LS'1;�,TE 6ybi an d.,
all. outstandin:-, indebtedness a�Dainst its said 1aterworks
(3) To pay L
System, includinl- Aaterwor'n-s System Improvem,:,ift, _�,evenue_ 13ond heretof,,)re issued
id warrartsi as and when the same becomes
and no-;,T outstandin�-,�, other than the sal.
due.
Any funds remainin`u on hand', after provisicrl for the i' intenance and
I ',!a
s of the 'iiater,,,,jorks System, and after payin-M t h e astio unt
�I
or)eratin�-, expense ELY CLUB E�3TATES
I .'I CH,IT .16 T
required to be paid into the CITY OF '
% j� 111 _tl I, s above provided, �-A�ay be used by the City for any
.LITE�l 6Y6T_,2:_ i r � L', a
other purpose -permitted by law.
The 'Layor� City Clerk, and City 'Eanarrer arc, here'-.)-- ingtnactPd.
6".13TION 11: U
=O. directed to do any and all things necessary in reference to the installing,
V Z,
and maintaining Of a complete system of records and. accounts pertainin�g to said
revenu.�) warrants in the manner provided by �`irticle 1113, Revised Civil Statutes of
of the He- n
of the Forty-third
as amended
1925 by Chapter 122, i�'�cts 1 Nlar Sessio
,-- for the olaeration of such System shall be January
Le,gidature; the fiscal Ye-` I constitute
ist to December 31st each year; and the remainin3 part of 1943 shall
a fractional part OIL a fiscal year; and any purchaser of twenty-five (25) per centum
in agZregate principal a-,mount Of the w,,i.rrants at the ti�me then ()utstandingor any
.11 of said amount of outstandin,� war-
ho' der. or holders a�� twenty-f ive (25) per centu-i
.L at -all I-reasonable ti_ies to insoect the systefri ard all-
rants.1 shall have the right relatinz thereto.
records) accounts and data of the Cit.,
SL;CI0j,-, 12: It shall be the duty of the L:ayor to subrLit the records of said
warrants) and -the warrants, to the Trustee� and by the Trustee authenticated and
delivered to the purchaser or purchasers thereof� upon written order- of the Yayor-
SEC�,101,' 13: The fact that it is deemed necessary bY tile Board of jaderr,-�en to
systen in the
purchase the water system, the sevier system� and the sanitary sewer .
-,r to improve, en--
,�-e City of ilichita F,112-s in orde
Country Club :��st,-ates Additions to t � U at -the earliest possibl �,� datc), and the fact
large and extend such water wor-�s system�
that there is an urEent public need for the preservation of the peace and ',-n-Ith., and
-1c' -eates an emer�,enc-, and the rules re�-
safety of propert�T and by reasorl� thereo ) ci C� d
three separate days is hereby suspended and
quirinF,r the reading or ordinances on
ID e effective and in fuliforce and effect immediately upon
this ordinance shall becom
its Dassage and approval.
Passed and approved this the day of July, �-D-1943-
Ilayor o e City of ".Vichita Falls.Texas
I Al T
Cit5 ','ails, Texas
,�/Clerk of the City of Achita