Ord 901 5/9/19270i '110M,
CUINCIL 0FAVB1,:i, "',JkY 9* 1927.
The 3o rd of ildermen convent)d in on
ti,le a'60W) :late V4th the followlut� members pros(mi,:
13. W'-. 6hephordo Iayo r
Oral Jonoa,
-arter,
ja -�V* 14unt, ,ldennen
eine;,
".oj3room, (At'v 4-")fA,10
("lc.rk of the oard.*
"'helbart " ;artint City -t*k1,DrrqV,
with the followir4.,, members Absent: LOns, co-tiatit'vUm" a
among rather tAAgastransaoted the followliv, 11 business.
C
The ,,rosertted to the 30 -.-,rd for an
ordinapxe entitled:
---- -- ------
ORDe4'idwil IX.
AN ADOPTING TIM
STT 1??L,1aM!T&L CONTRAX"T 3-',
CITY OF ,vICHIT1;. FALLS AN) L. E. vVH17VAM
COA101PANY k1OR V 11 IMFROVIVZI;�V", OF "FE MAW, �.y
A.
AWIr2ING AN -1) :3IMVIING A' ITUNICTPAL PARK,
2ROVIDM; FOR
IN
T14D 401i , L !XYVL,;G A MX 7110 11A Y
j A!
11VEliv, ilal- Gy
The ordinance wras read In full b the City Clerk.
Alderman Jones made the follovAng motion:
"I move the rules In jeotion Z7 of the Charter
requiring ordinances t) be read on three separate days be suspended
nnd dispensed ",vith."
The ,.,otion -,as Seconed by Aldern= Carter. The
motion to suspend the rules was L.)assed by the unanimous vote
of all mcmbers .)f the Hoard, to -wit$
AIL�Z- 9,11dermen Jones, Carter, Hunt, King and Curd.
The Mayor asked to be recorded as voting "AY,V.
ROL:3: None.
Alder -An Jones made a motion bast the ordinance be
olaced on Its final readinp, and passage. The v*tion was sodonded
by Alderman Carter* The motion carried by the following vote.,
AY : Alderman Jones, Carter, Hunt, King, and Curd.
The Mryor asked to be recorded as voting "AY",,".
NO S3 i None.
The Clerk read the ordinance in full on its final
ba3sagO- IiIderman Jones made a motion that the ordinance be
passed finally. %he motion xas st..;oonded by tUderman Carter.
The motion carried b;7 the unantmoiza vote of all members of the
Board, to -wit:
AY3 IA ldermen Jdne4o Carter, Hunt, i(ing
,4 , and Curd.
Ze Mayor asked to be recorded as votinf, "AYE".
finally*
V011'3: N201400
The Msyor announced that the ordinance had been passed
The ordinance rollqwu
ORDINANCE 110.4?.Dt
r—
AN OiDIWOE AIM ADGPTING Th",�
SUMTWeIlTAL CONTR,",,CT BY A13) THE
CIT"y 01" '31CHTA FALLS 14,1) L. E. 7411THL17 8-
CO!'�R,Uff -i�OR OF 1111!P ROA-1X7AY
ABUTI"ING A1:D SWIDIG A =-UC[P,,AL PARK,
PROVIDING FO''i '11HE ISsUANCL OF `39500.UO
INTEM'ST 8XkR1NV.T' Ti "Ib' 'iARRAQ,'.1106 IN PAY17L2-WT
THERIII;FOR, LITYING A TAX TO Z'iy TIM In INCI3AL
YUO) DECL'_RITS G All
wn_i,"St pursuant te) charter rw,zulrements the lioard
of zildermen did, on the 14th day of 114arehs 1927, adopt a resolu-
tion entitledi
"Resolution approving and adopting planes
profiles, specifications and estimates of the
proposed Improvament of the west side of
iiroad Str<:,ot from the South property line of
Ighth Street to the zsorth property line of
Ninth :street, In the City of Achlta, falls,
Texas, and directing the City Clerk to adver-
tise for c=p9titIve bids for the mrking and
construction of such improvements."
which re iiolution is duLy recorded In the mlnutt,,s of the Board of
:,ldernen4 and
thereafter on XarohA, 1927, the Board of
i�ldormen did receive from the City Lw;sneer a letter trararAtting
and submitting plans, profiles, spool fioatlon,.'. and estimates, which
.dans, profiloss specifications and eatinates are made a part hereof
by reference, iurkod Form II of Exhibit "A", and identified by the
sIgnat-,ire of the Citj Clerk, to Ailoh is affixed the seql of the
c ty; 'WA
thereafterl a crotid; to oontractorz. advertising
the lottine, of acid work was published 1>3 71ohita Dally Times, a
uowsw).ijer published In the Cit:.; of Achita 1.1'allss Taxast In its
issues of March 15s 1927, to Uarch 17, 1927, inclusive, which notice
is as follows, to -wits
,,`=M: TO COUTTVI-C'MIS
Sealed proposals for the Vrprover=t of a
portion of liollywood Avenue, Baylor, west
side of :road, Misslostp.pi, Jalonle, Virginia
streets will be received at the office of the
city clerk until 700 p. me) Yaroh 21st, 1927,
then publicly opened. Bids will be received
or brick, concrete# 'arren-Ite bit-14thic, sheet
asphalt (111111te process) pavements with
necessary appurtenanceso Purther Information
can be obtained at the office of Vhe City
4ngineer whore plans and specified-At')ns are on
file. Certified check for five per cent of the
mount required =with proposr.1, 'Usual rights
reserved.
,,7. �;o McBroom,
Cit,, Clerk.,'
WHER'AS, thereafter, in accordance with said notice
bids were opened Imodiately of 7t-30 '. M*# Mardh 21,, 19270
and among other bids received was that of L. B. -.�Wltham &
CompaW - and
'24UK'UAS, the bid submitted by Le E. 16'hitham & GompaAy
was then and the considered by the Board of Aldermen 1.o be the
most advanta-eons to the City; arts
13." 3, on said i�Aril 4, 1927, a contract was mde and
entered Into by and between the City and the sald L. E. 'Mhltham
Companj In words and fi,,gurcs as si-)wn In the actual copy of Vm
contract which Is desigxAted as .-,om X11, of LxMbit "A" attached
hereto; and
E"U IS, thereafter, to -wit; on the 9th day of ^Tsy,
1927, a supplemental contract was executed by and between the City
of ,Iohita calls In words a-na gigures, as follows:
STA° OF T: i S
COLT14TY CP WICHITA
CITY U 4CHITA FALL53
This memorandum of agreement made and entered
into by and. between the City Of Wichita Falls,, Texas,
& municipal corporation, acting by and through its Vayor,
hereinafter called "City", and L. S. '4hitham & Company,
a partnership, composed of L. E. !,,'fttham and a. 1L Whitham,
hereinafter called "Contraotorsll, 'UITTTVCaSF," M's
WHER&4Z, the parties hereto have heretofore, on
the 4th day of April, 1927, made and, entered into a
contract In reference to the paving of the West side of
Broad Street from the South property line of 1-lighth ::treat
to the North pro,perty line of Ninth Strct, which section
of the Street is abutted by a municipal Dark owned by the
Ci tSr and
W71
under the tome of said contract the
contractors agreed to accept from the City certain paving
certificates constituting a lien against the property and
bearinp 6.j interest, payable In Inst illments throe r
ho t
a period of five years; and
R! under the terns of said contract the City
has bound Itself to deliver to the contractor said paving
06TItificateo In tho amount of .0,550995,-, and
WRM"FlAso, the contractors have atre-ed to accept
from the City, In 1101, of said paving certifiouteop tnteroat
bearing time warrants of the AV in the amount of"-#500.(jG
10- 0
dated 'Tay 15th, 19270 bearing 4-3/4% interests payable semi-
annually, maturing 500*00 on 'jay l6th of each of the yosr3
1926 to 1932, Inclusive# and -i'?'1000.00 on 150 1933.
(1) That the City binds Itself to issue intere3t
bearing warrants as described above, In the amount of
p"05UO.00:
(P-) The Contyaotors agree to rely se the Olt, -,y, from
the Issuance and, delivegr to them of the paving oertif 'cates
above described;
(3) The Interest bearing warrants are to be delivered
to the Contractors upon the ampletlou of the work and Its
acceptance by the City;
(4) The City agrees to furnish to the Contractors
two complete copies of the transcript of ?roceedings suthortz-
tng the issuance and dellverj of said warrants, which
deliW.ry shall be made to the contractors sub -loot to approval
of legality by their attorneys; sub-;
coot
This contract Is supplemental to and in points
where iri conflict supersedes the contract dated April 4, 1927.
SCJ-DIn duplicate originals this the 9th day of
May, 19 27 .
CITY -.-F 'd1VP-TTA F2kLV3,
BY
A'11-'r;T i
W. B. McBroom
City Clerk. CM -TA"
lfemi;er of V,e arm.
WHERUSs, at the same dme said contract was executed
the Gontraators furnished to the City an adequate bond securing the
prompt and proper performance of the contract; and
at the time the Cit4r determined to make
the LWrovanents oonte,rplated herein and at this time said Improve-
ments were and are considered necessary for the proper use and
availability of the park owned by the City, and It Is o�nsldersd
to tire best Interest of the Cit, that said improvements be made;
and
SII ERF
A31 the ";,)enditure contracted was contedated
4nd Included in the annual bad f
,et ordinance, but the City does
not now have funds on hand sufficient to pay said obligation$
but oan pay the warrants hereinafter described,-
B!r IT 0!ZDA1N;,,2) BY V!.' BOARD OF !TD.MTP_X OF '.11TE CITY
OF VUIUV V�.',LTZ, T -MS,.
V (1) A complete certified copy of the transcript of
IX
proceedings in refereace to the adtertisment for bids, lettinf�
of contract, and asseSsme'at PrOOeedinfyls MAereunder pertaining, to
the improvemu-nts for which the present Issue of warrants to
authorizadq is made as part hereof and attached hereto, designated
(I - A) raid contract and said supplemental contract
(hereinafter desoribod an "Vie contract") are hereby made the
contract of the Cit' Of Wichita galls, TOxIS, for all purposes;
(2) TAterest bsqaring time warrants of the City of
41ohita Falls to be denominated "City of #11'ichita ?a-1139 e'er s,
Park ,%ving '.Varrants, emeries 1927", shall be Issued in the anount
of1,3,,500*W, numbered fram one (1) tseven (7), Inclusive, of
11
the denomination of AjO*UU oaoh, parzible to Le L�, 4hithem & Company#
contractors, or bearer;
(3) They shall be dated May lbs 19279 xnd shall become
d,,je and payable as follow$:
(4) Said warrsats shall bear Interest at the rate of
four wd - t hree. e -fourths (1-3/4%b) Per Cent per annum, payable
Navember 15, 1927, and seri-annuajly thereafter on May 15th and
,,tiovember 15th of each year, which shall bo evidenoed by coupons
attached V) said warrants;
(5) Principal and Interest shall be payrible upon
surrender of warrants or proper coupons at the office of Hanover
National Banks 'yew York City, New Yorkj
(6) The,,,; shall be signed by the (:Ity -,Ilerk, countersigned
by the Aryors area. rmAstered by the City Treasurer, and the seal
of the City shall be i:-presk;cd on each of themt the faottmile
slexatu res of the ,'uyor and City Clerk may be lithographed aeon
the coupons attached to each of said .,,arra nts:
(7) "id warrants shall be substantially in the follow W.,
form i
NO.
$500.00
3TATIE 11')iil
CITY Oi' 41C11117A YVA-3
PA -RL"' PAVIING !-'WiR.!JTT
SF.;JTKS 1927
The alt y of Aohita a municipal cor.poraticn, duly
Incorporated under 'the laws of the �1)tate of Texas, and acting
under its ".4'peolal Oharter, for value received, acknowledges Itself
indebted 9W xomises to pay L, Com.PsM, or bearerp
oil the lath of 71ay 9 19
_0 at the Fanover National flank, In
New York Ulty, Yew :fork, the sum of
FIVE IIUMYR,�D "'OLL"T-U3,
�x
'Il
VMTET
may
15,
1928
500.00
MAY
15,
1929
500,00
LW
15,
1930
500.00
4
Uny
15,
1,931
500.00
5
'4-!V
15,
153---
5W. OU
6-7
May
15,
193-7
1000. �O
(4) Said warrsats shall bear Interest at the rate of
four wd - t hree. e -fourths (1-3/4%b) Per Cent per annum, payable
Navember 15, 1927, and seri-annuajly thereafter on May 15th and
,,tiovember 15th of each year, which shall bo evidenoed by coupons
attached V) said warrants;
(5) Principal and Interest shall be payrible upon
surrender of warrants or proper coupons at the office of Hanover
National Banks 'yew York City, New Yorkj
(6) The,,,; shall be signed by the (:Ity -,Ilerk, countersigned
by the Aryors area. rmAstered by the City Treasurer, and the seal
of the City shall be i:-presk;cd on each of themt the faottmile
slexatu res of the ,'uyor and City Clerk may be lithographed aeon
the coupons attached to each of said .,,arra nts:
(7) "id warrants shall be substantially in the follow W.,
form i
NO.
$500.00
3TATIE 11')iil
CITY Oi' 41C11117A YVA-3
PA -RL"' PAVIING !-'WiR.!JTT
SF.;JTKS 1927
The alt y of Aohita a municipal cor.poraticn, duly
Incorporated under 'the laws of the �1)tate of Texas, and acting
under its ".4'peolal Oharter, for value received, acknowledges Itself
indebted 9W xomises to pay L, Com.PsM, or bearerp
oil the lath of 71ay 9 19
_0 at the Fanover National flank, In
New York Ulty, Yew :fork, the sum of
FIVE IIUMYR,�D "'OLL"T-U3,
In lawful money of the United States of laerica, with interest
thereon at the rate of four and three-fourthe (4-3/4"4) per cent
per annum, pV�ble November 15* 1927, and scum-annuall.-J there-
after on the 15th :ar, of May and the 1,5th (Jay of -ovember of each
year, upon presentation� and surrender of prober coupons, and the
City 1:reasurer of Vie City of 'Jlohita Zills Is hereby authorized,
ordered and directed to pay to th-y, bearer hereof at the bank
above named said principal suns togethex with interest thereon
as it matures. In the event the ann of rnoney evidenced by this
warrant ano. the annexed coupons shall not be paid at w%,turity,
the same shi,11 thereafter bear tntert�st at the -rate of six (6:')
per overt or annum until fully paid, and In the evmt of wich
default and It i)ecomes necessar:, for the holder of this <Tar_- -lit
or of any coupons *ttached hereto t,: l,.koe the zone In the h-Mds
of an attornW for collection or to Institute suit hereon, the
(Atq of-lohita ialls obligates Itself and promises to pay to the
holder hereof an additional ten per cent ab attorneys' fees.
TjIL; _n.,O., 7'' is one of a series of warrants numbered
consecutively from one (1) to seven (7)t Inclusive,, In the
denomination of „50u,i�O each, aggregatinp :' , , issued ,, �135UU 00, iss for
the T3urpose of park Improvements, to -wit, p,�Wtng, s part of the
cost of paving the street serving and abutting a municipal park,
in accordance with the oontruct executed by and between
L. J�. '4hitham CompazW and the City of Wichita falls, Texas,
dated Anrtl 49 1927# as amended May 91 19279 the clairns for vhioh
were duly certified by the proper officer, approved and allowed
by the 3-oard of :'Lldermen of said CiV prior to their Issuance,
In aocordanoo with the Constitution and laws of the State
of Texas, and the City Charter of the Cit.,., of Wichita Falls,
and pursuant to an ordinance duly and lew;ally passed by the
board of Alderman of said City an the 9th, da,-- of 11%yq 1927,
duly of record in the minutes (11f the Board of _Udermen of the
Citi of '41chita Falls*,
IT IS H12 CER111191:0 AND RD011M That all acts, Gondi-
tions and thing5a required to be done precedent to and In the
issuance of this warrant have been properly &)ne$ happened
and performedo in reVilar and due time as required by law, and
that the total Indebtedness of said. City, Including this warrant,
aocs not exosed any constittitionalostatw,ory or charter limitation,
that a tax has bow levied Sufficient to amount to provide for
the payment of the principal and Interest of this warrant "rd
of the series of which It Is a partp at their respective maturities
and the full faith, credit and resp-,rves of the City of '4i'lchi ta
Falls are hereby pledged for the punctual payment -,f this warrant
wki of the interest coupons hereto --.nnezede
IN WIM83 the City of �Jlchita Falls has caused
the corporate seal of said Ciiy to be hereto affixed mid this
warrant to be signed by its Clerk, countersigned by Its UVor and.
24;
registered by the City Treasurer./of the fifteenth day Of *ftyq
City Clerk of the Otty of
C0tJNTM,Z3a`1D: 'Achita Falls, 'Texas.
Uayor, city' of
chi to Valls, Texas#
T W I " J, 7! 1 � R j."ID I
City Treasurer, City of '41ohivi Falls,
Texas*
('8) The interest coupons attached to each, of said
warrants shall be adboUntially In the followlar, forms
NO.
ON TUX 15TH TXLY OF
19
The0 1 ty Treasurer of the Cit;, of -*A chi ta Pal Is s in
the State of Texas, will PaY to bearer at the Hanover National
Bank, New York. CitV, Now York, the SM Of
("I ) I)OIlcLrso &aid sum beinf; months' interest due thtt
day On City ofJjahltaValls Park Paying ',rjrrants, eerie 1927*
No._, :fated 1jay 15, 1927, to which this coupon to attached and
is a part thereof -
mayor
Ot ty to erk
(9) -To pay the interact on said warrants as the same
shal.1 accrue va become due and to create as slnkinP, fund to dis-
charge the principal thereof at maturity, there shall :,c annuAllY
levied and there is hereby levied for the current tax ,,)ear 1927
.)jj each �loo.00 v�,J-,�iatjon of taxable PrOPGrV ty' th(J"ity of
.4,ohit& Falls$ %xas, r, tax of one-fifth cents shish
tax to hereby a.jpOrtiOnGd arld levied Out of "o tax of twelve
(1 4) cents Puthori.,.ed to be levied by t1ke Chrter of the City
of alchita i,,alls for the purpose of mirreat 0X0(_nsqs in maintain-
ing and IY'Vrov-jng aW beautifying public :)arkB and oeveterjea
and mdnta"ning and imPrOvinfI VubtiO ply` grounds within the
limits of a. -Ad City, that for the year 1928, and each succeeding
year while any of said warrants are outstanding and unpulds there
shall be computed WA ascertained w1rat rate of tax based upon
the latest sE)proved tax rolls of said City will be required to
rally make, raise and produce in each of sai-d, years a am of
moW necessary to pay all of the principal and Interest of
said warrants maturing in said year, and a tax, at such rate
as shall be found necessary shall be levied, assesed and
collected In each of said years.
(IC) The si= of )81*00 is hereby appropriated out of
unappropriated funds availrible therefor, for the �9.urpose of
paying the coupons maturingNovember 15, 19270 The City Clerk
and the I ayor are hereby ordered asst. directed to draw a warr,-,nt
on the Treasurer, and the Treasurer is Instructed to cash the
warrant " to hold the fuAds derived from the warrant for the
dpeolfio purpose ns-ied and for no otter purpose,
(11) .111 ordinayiees and parts of ordinances In conflict
with this ordinance or any part thereof are hereby expressly
repealad insofar ;as they conflict herewith.
(12) The fact that there Is a very urgent public need
for the UVrovetaentso as hereinabove provided, and fbr the
resulting reduction of interest to be paid by the C"Itys which
improvements are needed for the health, safety and *property of
the taxpayers of the Citys creates an emorgoney and public
neoessity that this be declared an emeremoy measure as Provided
in 6eation 37 of tLe Charter dem�tndlng that the rule requiring
that ordinwicesbe read on three ser,)arste -Jay% be suspended mid
that tits ordirDir=�: be effective and in force i=ediately from
its pasW-e, and it is so ordain(A.
PAz3t3i,Z this the 9th day of 14 -ay, 19-27.
this the 9th day of May: 1927.
&_-AL=qAgR=— -
Mayor, city of Wichita ?alls,'Toxag-
13??ROVLD 113 TO iWIC's
City Attorney, ',Yichita
F"allso Tom$.
ATT i!ZT,
alty Clerk.
STATE Of TEW
COUNIN OF WICHITA
I, wo L. Mosroom, City Clark of the City of Wichita
Fallst Taicas, hereby certify viat t!=e foregoing is a true
end oorroot copy of the Minutes of & Meeting Of the Board of
Alderman of theCity of WtOhita ?-Mlle, Texas$ hold In the
Morgan Building of said city on the 9th day of May, 1927*
showing the passage of the ordinance therein referted to as
the s appears of record In Book Ho*_* ?age --t
at seq*f of thy:, !�Inutas of a -:,.Id Board, and in Book_,
of the Ordinance Records.
Gil --,i; under nW hand andthe sf)al of the said City this
the - d'%NT of I'llayl 1927*
City Clerk Z;d-br-Offjaio Clerk
of the Board of Alderman, City
of ',Achita Falls, Tcj�=-
(goal )