Ord 1312 11/4/1940 ORDINANCE NO. 1312
CIRD14�14CE by the Board of Aldermen of the
Ci�y of Wichita Falls , Texas , expressly
granting to the purchaser, or purchasers ,
of the Waterwork's 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 A00,000-00 'CITY OF
WICHITA F'�LLS, TE�� , VIATERIUORKS SY,3=11
ruTUOVEKENT REVEIqUE BONDS, ' dated October
1, 1940, authorized at the election held
in said City on the 30th day of September,
1938, for the purpose of improving, enlarg-
ing, extending and, repairing the ',,Vaterworks
System of said City, and which franchise
shall run for a term of twenty years from
the date the properties of said I�Vaterworks
System may be acquired by such purchaser,
or purchasers, by judicial sale, or other-
wise; and enacting provisions incident and
relating to the subject and purpose of this
ordinance ."
14-EAS, heretofore , to-wit: on the 23rd day of September,
1940, the Board of Aldermen of the City of Wichita Falls, Texas,
pursuant to authority conferred by the Constitution and laws of
the State of Texas, particularly Articles 1111 et seq. , of the
Texas Revised Civil Statutes of 1925, as amended, and also pursuant
to authority conferred by a vote of the qualified property tax-
paying voters of said City, voting at an election held for the
purpose on the 30th day of September, 1938, passed and adopted
that certain ordinance, the caption of which is aa follows:
ORDINANCE NO. 1308
ORD_TIT��ZCE by the Board of Alderraen of the
C i`�y ,of Wichita Falls, Texas$ authorizing
the issuance of bonds in the principal sum
of §400,000.09, d 'griR ted as 'CITY OF
WICHITA FALL T"'EM ',nIATERWORKS 6YSTEIVi
I1EPR OVMENT 1 ONDS for the purpose
of improving, enlar ing, extending and re-
pairing the Waterworks System of said City;
prescribing the form. of bond, interest cou-
pons and certificates of registration;
pledging the revenues of the City's `�Vater-
works System to the payment of principal
and interest of the bonds, after providing
for the expense of operating said System;
further securing said bonds by a mortgage
on all the properties comprising the City' s
entire Waterworks System, acquired or to be
acquired; enacting provisions incident and
relating to the subject and purpose of this
ordinance ; and declaring an emergency,"
20
and which said ordinance is of record in Ordinance Book No. 8t
of the inance Records of said City; and,
MEiEAS, it is expressly provided in the aforesaid
ordinance that the Ivilayor and City Clerk will execute 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 onds and interest �hereon as they mature, nam-
ing the CITY HATION.AL BANK IN V,1ICHITA 31A, LLSS , `,7ICHI FAILS1 TEIL_�Sp
as Trustee, and shall file a duly authenticated 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, Texas; andt
� MHE", , such Indenture, or Deed of Trust, has been
duly executed and filed for record in accordance with the afore-
said ordinance No. 1308; and,
(,,,WHIE�EAS , the Board of Aldermen has duly ascertained
that such Indenture) or Deed of Trust, has been recorded in
Volume 145, page 123 et seq. , of the Deed of Trust and 1,41ortgage
Records of Wichita County, Texas , and that the same has been filed
in the office of the County Clerk of said Uounty as a Chattel
1,11ortgage , being Chattel lJortgage No. 9729, registered in Volume
62, page 65, of the Chattel Mortgage Register of Wichita County)
Texas; and�
a part of the lands comprising the
City' s Waterworks System being in Archer County, Texas , the
Board of Aldermen has also duly ascertained that such Inden-
ture , or Deed of Trusts has been recorded in Volume 24, page
605 et seq. , of the Deed of Trust and Mlortgage Records of
Archer County, Texas, and that the same has been filed in the
office of the County Clerk of said Uounty as a Chattel
M-ortgage, being Chattel Mortgage No. 9970, registered in Volume
22, page 224, of the Chattel 'Mortgage R,,gister of Archer County;
Texas ; and,
EAS, in accordance with the aforesaid
O.-dinance No. ""13082 the said Indenture, or Deed of Trusts does
4
stipulate and provide for a grant to the purchaser, or purchas-
ers, under any sale or foreclosure thereunder, a franchise to
operate said Waterworks System,, and properties so purchased, for
a term of twenty years dating from the purchase; and,
_�VHIkIAS as provided by Section 121, of the
Wichita Falls Charter, the fb1lowing, public written report con-
taining recomaendations in respect of the proposed franchise
has been made to this Board by the City Manager:
Al
��, o the Honorable Tuayor and Board of
Aldermen , of the City of INichita 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 fran-
chise to operate the said System, in the event of default in
the payment of all , or any portion of, the 4, 400,000-00 "CitY
of Wichita Falls , Texas, Waterworks System Improvement Revenue
13onds ," dated October 1 , 2-940 , authorized atthe election held
in said Uity on the 30th day of September , 1938., for The pur-
pose of improving, enlarging, extending and repairing the "Nater-
ty.
works System of said Ci
The above mentioned bonds were authorized, and
will be issued, under authority of Articles 1111 et secl. ,
Texas Revised Civil Statutes of 1925, as amended by Chapter 122t
Acts 1933, Regular Session, and by Article 1111 it is expressly
provided that any city issuing bonds thereunder, and as addition-
al security thereforp by the ten-as of such encumbrance, may grant
to the purchaser under sale or foreclosure thereunder , a franchise
to oDerate the systerti and properties so purchased for a term of
not over twenty years after purchase , subject to all laws regulat-
ing same then in f orceo
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 submitted, this 19th day of October
1940.
J. Bryan h1iller,
City Manager,
J�tD 'VVAEREAS, the Board of Aldermen also deems it
advisable and to the interest of said City to grant by ordi-
nance to the purchaser, or purchasers, of said Waterworks Sy8-teri,
pursuant to any judicial sale , or otherwise, of the mortgaged
properties , the right , privilege and franchise to operate the
Waterworks System of said City; therefore,
�Bt; IT ORDAII 7- D BY -6� BOARD OF ALDEE RJEN OF TlrD�
CITY OF WIC-HITA FAL15f as follows:
IN14-7014ON-1 That in the event of judicial sale ,
or otherwise, of the mortgaged -,properties, in order to enforce
the payinent of the f400,OOO-OO -UITY OF IVICIHEITA FALLS , TE:MS,
-P
WATERVIORK3 SYST12dr IMP'R0TT,,'7,1NT REVMM BONDS ,11 dated October 1,
1940, authorized by the qualified electors of said City, voting
at an election held for the purpose on the 30th day of
September, 1938 , 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 Wichita Falls herein and hereby grants to the purchaser, or
purchasers , under any sale or foreclosure thereunder , the
exclusive right, privilege and franchise to operate said Vlater-
works Systar-1, and properties so purchased, for a term of tiventy
years , dating from the purchase, subject to all laws regulating
same then in force, as is provided by Article 1111 et seq. , Texas
Revised Civil Statutes of 1925, as amended; it being the intent
hereof to grant a franchise which shall become 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 authoriz-
ed by Section 122, of the Charter of said Gity, 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 themethod 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 Chai-ter; 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-
4
A
SiLmers 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 impose such other regulations
as may be conducive to the safety, welfare and
accomodation of the public.
SECIfIOIXII 2: That, in addition to the considera-
tion, which is the basis for this franchise, grantee will pay
herein annually to the City of Wichita Falls, the simi of Five
Dollars 45.00) for each year this franchise shall be operative,
SECT�ON 3: When this franchise becomes effect-
ive by reason of foreclosure and sale , as is hereinabove
provided, if grantee desires to operate under said franchise,
it shall file a written acceptance wi h the City Clerk of the
City offichita Falls .
\�'., SEC(TION 4: The prope�rties 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 tlie time of any such foreclosure and sale .
SECTI�N �:, This ordinance will not become
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 28th day
of October, 1940, and on the 4th day of November, 1940; that
this ordinance is to be published twice, the first publication
being not less than 5 days prior to the first public hearing,
to-wit: October 23rd, 1940, and the second publication in
final form to be not later than one day after the second public
hearing, to-wit: November 5th, 1940; and the City Clerk is
hereby authorized and directed to publish this ordinance in
Wichita Falls Record News, which is the offical newspaper of
said City, and in the time and manner herein prescribed.
PASSED ND A this the _�2 day of
1940.
MAY OR, C ITY OF Wd�UXI TA FA LIS 3'
T E X A S.
ATTEST:
CLERK,, _CJ_T_Y OF IUCHITA
�ALLS Ti�
(C S�a
'47- W
/1,1111011 IIA_
T on 0�section,
P A�
T,_,"111 Of the No. 1312, AFFIDAVIT OF PUBLICATION
P 1,,ddel,inen
board of I
in the council room of the eniorlsl.,
00 rn
-look P THE STATE OF TEXAS
23rd
uditoriura 0'0
�Itdnnesdgky,
0 tobel �)L4 nc�
I C,ing on Or4in No
lingi I,)ubb1ic u, UNTY OF WICHITA
1 hot' Of
1312 w' held by the bokrq,th:'Ur-_. CO
f
"Men ill the CO roo-0 %look P. M..
morial auditoriu 1040 qqpq!��
Monday N6vember 4th, ---194----0.
pit.gerald, maYO�, -city. of I D ........
W. 2-6TH day of --------
Wichit Fall§, Texas- On th--------------------------------------------------------------
H Crouch, City cle"k- city
Attestt Texas (Seal).
of Wichita I
ORDINANCE NO. 1312 me, the undersigned authority,
board of� personally appeared before
F ORDINANCE by the
"AN of Wichita F&118,�,
aldermen of the city
Texas expressly granting to the Plir_� Rot3l'. A . WILL.IAMS
of the water- ................................................ bookkeeper for the
chaser, or purchasers, I ive ... ..................................
works 8YFtcfrl Of said city, the eXC�1�11sate .....------ -------
right, privilege ancl franchise to 01
in the event Ol the Wichita
the ,;aid sYstemi all, �r any
fault in the Payment of Times Publishing Company of Wichita Falls, publishers of
portion of the $400000-00 'City ol�
�Vaterworks sys-�
Wichit� Falls, Texas, I date&
tem im�rovement revenue bonds, ublished at Wichita Falls in Wichita
Oct. 1 1940, authorized at the election Falls Record News, a newspaper p
te 30th day of Sep-
held i� said city on ti
te ber, 193B, for the purpose of improv
extending and repairing
inmg enlarging, 0 nd Texas, and upon being duly sworn by me, on oath states that the
,w f skid citY, a County,
the &terworks SY8tel term
Which franchise shall run for a
of twenty Years from the de,te the Prop- sing published
aterworks sYsterr' may I
ortig-% of said w
purchaser, Or Pu attached advertisement is a true and correct copy of adverti
be acquired by such W,r,
or othe se;
h -ors, by judicial sale
as ' incident and
enacting provisions
and ct and purpose Of�
11 0 issues thereof on the following dates:
relating to the subje, ..............N.
I in --------------
this ordinanCe�" to�witz on the!
Whereas, heretofore,
f September, 1940 the boardl
23rd day 0 �j Wjchita�
M of the city
of alderme 'suent to &U'thoritY.con- ---------- 194-0.4.
pglis Texas, Put of ............... .......................................
ferre� by the constitution and laws R----Rliv-----------...... ................... ...
the-state of Texas, particularly article QCTW�E....
1,111 ot spq., of the Texas revised ctvll�
statutes of 1925' as amended, and
''Pursuant to auLthority confqred by RI
'led property taxpaying:
il vo�e of the'qualif ' voting at an elte- ---------------------
voters of said city pose on the 30th
tl6n. held for the F iur 1938, passed and Bookkeeper for Times Publishing Compa,1111
��day of Septembe-r tal,n ordinance, the'
adopted that cel is as follows: of Wichita Falls
caption of which
NO, MB
y t e board of-I
"A ty of ic ita Falls
alder en of t e Ci t e issuance -
Tex '' authorizi it Subscribed and sworn to before me this the day and year first above
bond In the ri ci al 8 Of $4
,clt of, johits,FSL118,�
:OM;'designate as -s 1 provement; written.
Tex waterwor s Yste r OSe Of Im-,
reven�e bonds�' for t e
exten i g and re-[
'proving, en r I �orkg system of said
airing the-waterl in-i, .......... ............. I----------------------
'pLty-, prescribing the form of bond,
ARY.
ublIc in and jor 2hi
is and certificates of reg-1 S _1�t lChita C070101,
teresV cOUPOI g the revenues of the I Notary Public in and for W
Istration; pledgin, T"
city's �w&terworlct system to the� pay Texas.
uAnt''Of Principal and interest of the�
bonds after providing for the,expense!
system; further secur-�
of'op�rating,said all the I -
ing said bonds by ft mortgage on entirel
toperties cO rising t city's
rties red or to be
go ire-_t- e acting provisions 111-ur".
and rela g to t t subject and purpose
of this r,ina ce;band declaring an1
a Job. Paid ordinance'
n
W,rn ,', trh tM
e a UL U VLUL,,,,,,, � th,���mayor
nd City Clerk Wil I �.ec.�e per in-;[
denture, or deed of trust, making effec-�
tive,the lien on the city's entire water-
works system, and on the revenues and
iftQQMe Of auch system, to pay the 1
,hofift arid interest thereon as they mLa.
Ivib� AaMing tlie�City National bank in
iolift",Palls, Wichita Falls, Texas, as
iiGted,' ah.tl shall�file a duly,&Uthenti-
ffia0d,copy 'Of such indenture, or deed
of trust, with the city clerk, and the
same shall also be placed of record iftl
the de6d of trust'arid Mortgage records
of Wichita county, Texas; and,
Wherega, such indenture, Qr doed of
tru6t, hag bteri dully executed and filed
for record in stccordance With the afore-
gaid Ordinance No, 1308; and,
� Whereas, the board of aldermen has I
'duly ascertained that such indenture,
or deed of trust, has been recorded in
volume 145, page 123 et seq., of the deed
of trust and mortgage records of Wich-
ita county, Texas, and that the same
has been filed in the office of the
county clerk of said county as a chat-
tel mortgage, being Chattel Mortgage
No. 9729, registered in volume 62, page
65, of the chattel mortgage register of
Wichita county, Texas; and,
,Whereas, a part of the landA compris-
frig the city's waterworks system being
in Archer county, Tekss, the,board of
Atdermen;hag alSo duly ascertained that
such Indenture, or deed of trust,,has
been recorded in volume 24, page 605
et'-seq., of the doed of trust and Mort.,
gage records of Archer county, T"as,
and that the same has been filed in,
--the, office of' the county clerk of said
106,11,ty�sgl a chattel Mortgage, being'
Chattel Mortgage NO. 9970, registered in
volume 22, page 224, of the Chattel
mortgage register of Archer county,
Texas; and,
Whereas, in accordance ' with the
aforesaid Ordinance Nb. 1.308, the raid
�Jddtntun, Ordeed Of trUbt. d0ek
frjj�,�_&nd Pr6v de for a grarit--to the-
'purohaser,� or purchasers, under any
,sale or foreclosure thereunder; a fran.
chise to.operate said waterworks rys-
tern, and Properties so purchased, for
a term of twenty years dating from the
,purchare; and,
. Whereas, as provided by section 121,
,of the Wichita Falls charter, the fol-,
lowing,'public written report contain.
Ing,rdbrnmendations in respect of the
Bed. franchise has been made to
�bfiF'board by the city manager:
�,To the'Honorable Mayor and Roard
'I-,,AlderrAen, of the City of Wichita
rsuant to section 121, of the Wich-
IFalls charter, I hereby recommend
th adoption of an ordinance granting
t6the purchaser, or purchasers, of the
'erworks system of said city, the ex-
al sive'righti..privilege and franchise to
'Ith Ulp
in 111101dance the aid
Dres id ordina,11ce No� 1308
8 f tr 6t, oeg A
denture, or deed 6
te and provide for t to the
rcha�els, n er f any
Ircluiser, Or Pu er. a ran
,le or foreclosure there a
sa d terwor s sY5
to operate . for
us, s
properile so tirchase
in rind rs a fro the
te. of twenty Yea
Lirchase; Ful tried by section 121,
bereaq ns rol,',,, the fOl'
i r�, " 't -
eeeeeeee"111111 I I tten repo' cOnta'
ati ns I, respect of the
Ig reco 8. 0 lins be'en made to
ro se fr Ile Ise city InIger:
It's onr y the . nu
ors le Mavor and Board
e b �ty of Wichita]
e the Cl
er of
S' 121 of the Wich-
ursuant to section re�y recommend
Falls charter, I lie
adoption of an ordinance granting
the purchaser. Or purcilasers, Of the
of said city, the ex
,I lerworks systerri,ege
I Lvsive ri , pr.I 'I ' and francIlise to
y, event
stem, in the or
)1erate e sai S
:� e It I e ayn"ient Of All�Jt
'Y rtio of, t e $400,000-00 1 ty
ic ita Fa Is exas Waterworks
1� IM, , , Bonds."
i1ste mprove e, t Revenue
[ate ctobor 11 19 0, authorized at the
!Iecti held n kald city on the 30th
lay f eptember, 1 38, for�the purpose
If I roving, enlarging, extending and
:ep iring the waterworks syl'�erl' O� said
'itv. tioned bonds were FLU-
,the above men
bhorized, and will be issue(r, under an
Texas
thority Of Rrtiles 1111 et seq.,amend-
revised civil statutes Of 1925, 11
ed by chapter 172, acts 1(.)33, regular
1111 it 'I ex-
session, and by nrtIcicS
presslY provided that any CitY. issuing
bonds thereunder, and as additional se-
curity therefolr by the terms of such
encumbrance, �nav grant to the pur-
chaser under sale or foreclosure there-
under, a, franchise to operate th Sys-
tem and Properties so purcbas,,,�d;
tm of not OV er twenty Ye nisiti,g
�T"rchase, subject to all laws reg
2L�;e then in force.
It I., believed that it will be to the
�6,.t interest of the city, in the iSsu-
f aid bonds, to support the same
��wltle 011, security authorized by the
pertinent statute.m
Respectfully sub itted, this 19th day
of October, 1940. City Manager.
J. Bryan Aliller. I . a
And whereas the board of Idermen
also deerns It �dvisable and to the in-
ter's
't Of
said city to grant by ordinance
to the purchaser, or purchasers,t�l s�allyl
waterworks system, plu'SlUalot '. ,
otherwise, Of theriro(lergt;
judicial sale, 01' , the right" , vI
ga�ed Properties, operate the water-
aQ franchise to
work, system of aid ci Y; therefore,
ard of RI-
t,
t
Be it ordlilled by the bo
dermen Of tile city Of Wichita Falls,
Tells. as follows:
Section I- That in the event of rt-
diciRl sale or otherwise, Of the M()
ga ed perties, in order to enforce
t 9 the $400,000 "City Of
he )a e as, Waterworks Sys-
Nlrich'i Its. exR,
e...n improve e t Revenue Bonds,"
a
at,, Oct.1 0. authorized by the
ate city. voting
q u �d
alified ele�t r 5 Of said _e on
at arl elect on In Id for the purpos
t, 3 f September, 1938, in
e Oth dayt the constitution and
le f r I as particularly
laws of t p at te of TeX "
. .1 of the Texas Re-
Articles 1111 Ot lect 25 as amend-
�vised Civil StRtu es Of l' ' here-
ed, the iid city Of ichit alls
s� 'a is th rchaser,
in and hereby gl to e
'or purchasers, u er a V,xsa e r fore-
closure thelreunder, ,e a c-I sive right,
*anch s to er te said
privilege I and fr en. a e ro ertieg so
water�;;rks sY1t I ears, dat-
purcha�ed, for a tcrm f s all
r s.
Ing frprn the pli chas ject to
law,, regulating saille en in force, as
is Provided by Article 1111 et seq.,
Texas Revised Civil Statute's Of 1925,
as amended; it being the intent hereof
to grant a franchise which shall be-
come operative and effective Only 111
the event of sale of he waterworks
e rocee ings-
.,ysten, under foreclOsur
pursuant to tile indtnture,'Or ee Or
trust, 11eirtrinbove �mentione ; rovi
�ed, howevM that as ,,,_It ori?e by sec
tjon 122, of the charter Of said city'
such franchise mny be ter inated by
-vatf; at t e
e6fied Intel"'_'n d from
d" e a per froill
a nc a
Id
t sp Y � Y9
nd 01 each five e. of sa 'a
-ch 'I e
lod after d. e f pul r or e_I os-r
d _'_
e s c I le ut'
t-M and , tie -, ,
"O�ec". a.'."e ter p -fea. that
T
g si.,d to
Val I h re on 1, aid
s s _'r, by t b.
lase
__urcT
Ystem and all properties neces
sarily Used in or conveniently useful
for the operation thereof; and the
method of determining tile 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 ft1lY 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 fur,
nished consumers and to prevent un-
just discrimination in service or rates;
(d) To prescribe the form of ac-
counts, and at any time to examine
and audit the accounts and other rec-
ords of the system; and,
(e) To impose such other regula-
tions as may be conducive to the safe-
ty, welfare and accommodation of the
public.
Section 2: That, in addition to the
consideration, which Is the basis for
this franchise, grantee will pay herein
annually to the city of Wichita Falls,
the suill of five dollars ($5) for each
year this franchise shRII be operative.
Section 3: When this franchise be-
comes effective by reason of foreclosure
and sale, as is hereinabove provided,
0!
�� 1b utualnecl Cy une uoara 0, al-!
dermen of the city of Wichita Falls,'
Texas, AS follows:
S(,ction 1: That In the event of ju-
dicial Sala, or otherwise, of the mort-
faged PiOPertie8, In order to enforce
lie payment of the $400,000 "City Of
Wichita Falls. Texas, Waterworks Sys-
tern Improvement Revenue Bonds,"
dotted Oct. 1. 1940, authorized by the
qualified electors of said City, voting
at an election held for the purpose on
the 30th day of September, 1938, In
conformity with the constitution and,
laws of the state of Texas, particularly
lArticles 1111 et sect., of the Texas Re-
� Ised Civil Statutes of ID25, as amend-
ed, the said city of Wichita Falls here-
in and hereby grants to the purchaser,
`Cr purchasers, under any sale or fore-
closure thereunder, the exclusive right,
privilege and franchise to operate said,
waterworks system, and properties so I
purchased, for a term of 20 years, dat-'
Ing frpm the purchase, subject to all�
laws regulating,, same then in force, as,
Is provided by Article 1111 et seq.,
Texas Revised Civil Statutes of 1925,
as amended; it being the intent hereof
to grant a franchise which shall be-
come operative and effective only in
the event of sale of the waterworks
system under foreclosure proceedings.
pursuant. to the.indenture,I or deed or
trust, .46reffiabove .mentioned; provid-
ed, however� that as authorized by see-
tion 122, of the charter of said-city,
such franchise may be terminated by
ordinance at �,PeCill,e)d intervals at the
end of each e (5 year period from
,and after date of purchase of said sys-
tem �nd Prop�rtles under foreclosure
'ding Th m
pro - s' c ter specified inter
vals��e
Is here construed to mean that
the board
Sys n """ a"Pr'
"d or con v'
c 0 c ti-n t'"'
c de le'rot-Ing
-'Y8
at n
c C de n '0
et
s b e t
said 11 01--repurclift-8e)
sYsteni and 11 Properties neces-
sarily 'Used in Ora onvenlently useful
for the Operation cthereof; and the!
Method Of d0tellnining the price
be Paid fof said system and Propertletso
ru
In event condernnatioll Proceedings are
tin tt.t d
not Instituted by the city, shall be by
s " " _,
arbitration as Provided by the statutes
Of this state, With the
reserved; and right Of IPpeal
s provided further that
Ile franchise shali be subject �o the
right resprved �Y the city in section
123, Of its V arter- that is to say—
(a) 0 repeal th'e
at any ti e for is sarne by ordinance
(b) 0 require p 01' nonuse*
extensions Of the roPer and adequate
9
and. the niaintenany'tem and service,
And*flXtures at the cc Of the system
Staradard of efficielle highest practicable
(C) To establish r Y;
eFI80nable standar
of Service and quality of water f cis
.Irhed consumers anq to prevent U1
Just discrimination I un-
(d) To Prescribe nthe'ervice or rates;
counts, and at a form Of ac-
'y time to examine
and audit the accountsland other rec-
"cls Of the system-, a d,
(e) To impose such
tion other regula-
I I's May be conducive to the safe-
tY, welfare and accomnlociation
Public. Of the
Section 2: That in addition to the
consideration, wh�ch - the basis for
41118 franchise, granteelswill Pay herei
annually to the city of Wichita Fallsn
the suol Of five dollars
Ise ($5) for each
Year this franch shall be Operative.
Section 3: When this franchise be-
comes effectiVe by rea f foreclosure
and sale, as is hereisnoanboove Provided
ft grantee desires to operate uncle�
said franchise, it hall
acceptance file a written
city With the city clerk of the
Of Wichita Falls
Section 4: The properties covered by
this franchite 'hall be all properties
real, Personal, mixed, or OtherwlEie'
Comprising the Waterworks systcll�
Owned and operated by said city at tile
time Of any such foreclosure and sale.
Sect 0 5: is Ordinance will not'
become effective ntil adequate public
hearin 9 ave been eld thereon anct
until 0 eeks after its
licatio in final for Official Pub-
,c as provided by
Rectio 121, Of t e, hita Falls bar-
ter; t at Public earings will be held
on this or inance on the 28th day of
October, 1940, and on the 4th clay Of
November, 1940- that this Ordinance is
I
I to be Publishe4 twice, the first
licmtioft being not I Pub-
J e8s than 5 days Prior
to the first Public heari
23, 1940, and the secon 11g. to-Wit: Oct
Publication in'
I inAl torM to be not later than One!
day after the Second public h'earihg
tO-Wit: Nov. 5, 1940; and the city cltr�
is hereby authorized and directed to
P_ublisli this ordinance in Wichita Falls
Itecord Xtwa, which is the Official news-
P"Per Of said city, and
ein Pre cribed.
and Manner hel An the time
Patted and aPPI-Oved,s this the
day Of —, 1940.
Mayor, city of Wichita Falls, Texas.
Attest: city clerk,
City Of Wic4ita Falls, Texas. (sex.
102s, PARAGRAPH LIKE COPY.. RECORD NEWS�. OCT 23t NOV
PURSUANT TO THE�pROVISION OF SECTION
rr,JE WICHITA FA s C14A--)TER PUBLIC Hf-ARING
No. 121 OF L J- ,
, 1, -1, E BOARD OF
jV LL BE 1ELD BY TH
ON ORDINANCE NO * 1312 )
kLDERIPEN IN THE COUNCIL GOI�! OF TFE
pjEvjoj?,IAL �--UDITORIUI'41
AT 8: 00 O' CLOCK P. 1J. ATEDNESDAY OCTOBER 23RD, 1940s
AND FINAL PUBLIC H-0��' 1312 WILL BE
RITIG 01' ORDINANCE NO .
HELD BY THE BOARD OF ALDER:,EEN IN TIE COUNCIL ROOM OF
TTH:.,�,' IvEIVIORIAL, AUDITORIU1,11 i-J 8:00 O' CLOCK p. V1. 1FIONDAY
NOVEIVIBER 4TH, 1940.
FITZGERALD
C OF U —CH.ITA FALLS ,
T E X A S.
�..ATTEST:
Q!-TY OF WIC,,'-ITA
FALLz), T-�X-�-
(Seal)