Ord 680 12/21/1925 THE STA,PTE OF TEXT-S
r,OUI,,vTy OF ,,,,IICHITA
CITY 01 ','IICHITP- FALLS
COUTWIL CHAMBER., DECETYBER 21, 1925.
The Board of Aldermen convened in Regular Meeting on the
above date with the following members present:
R. E. Shepherd Mayor
Oral Jones
Frank Quelsser
N, 'y. Clifford a Aldermen
J. H. ?at ton
P. B. Curd
E. McBroom City Clerk and Ex-OfilciO
Clerk of the Board
14. E. George Cit,)? Attorney
With the following members absenti None- constituting a qu0r=* among
9
other things transacted the following business:
The Mayor presented to the Board for consideration an
Ordinance entitled: ORDINNCE R,043-0
AN OBDIN,,'14CE APPT- VING :�jNrj ADOPTING 7HE CO172RLCT
By j.-ND BET';IE-, N THE CITY OF V11CHIT& FALLS AND
L. E. -qHITWX & COMPANY FOR THE IMpROVE,,jEyT OF THE
RO,Z;,,ky x�UTTIKG AND SERVING muNICIPAL PMR s
THE ISSUANCE OF $200 OOO.UO ILiTaTL:3T
PROVIDING F01� -,TS IN pkyMENT THEREFOR, LEVYING
TA';
TO FLY THE PRIM IFAL Al rD INTEREST THEREOF
ATE'? AN E=M"-.qLCy-
The Ordinance was read in full by the City Clerk.
Alderman Patton made the following :notion:
tt, move that the rules in Section 37 Of the Charter
requiring ordir-ancw to be read on three separate days be suspended
and dis-pended with."
The motion was seconded by Alderman Jones.
The motion to suspend the rules was passed by the
unanimous vote of all members of the Board, to-wit:
TEASt Aldermen Jones, Queisser, Clifford, Patton, Curd.
The Mayor asked to be recorded as voting "Yea".
NAYS: None.
Alderman Patton made a motion that the ordinance be
placed on itsfinal peading and passage.
The motion was seconded by Alderman Curd.
The motion carried by the following vote:
YEAS; Alderman Jones, cuisser, Clifford, Patton and Curd.
The Mayor asked to be recorded as voting "YOW -
NA4 YS: None.
The Clerk read the ordinance in full on its final passage.
Alderman Patton made a motion that the ordinance " passed
finally. The motion Was seconded by Alderman Clifford.
The motion carried bN,,r the unanimous vote of all members of
the Board, to-witt
W-3: Aldermen Jones , Qneisser, Clifford, Patton and Curd*
The Mayor asked to be recorded as voting "Ysa"-
11kyst None*
The Mayor announced that the ordinance had been passed
finally.
The ordinance; f011Owst
ORDINANCE NO.
2- %DOpTILTG THE CONTRACT
D
AN ORDINANCE APPROVING 'AN,
BY AM BEWLIEN TIM CITY OF 71ICHITA FALLS AND
L. .0VEy_PjjT OF THE
E. %VHITHAU & 0010ANY Fo " PARK,
VILWAY iiBUTTING .,,'-,WD j,Wjj�ZG =TI012AL
PROVIDING FOR THE ISSUANCE OF $20,000,00 INTER:uST
,%p mEyREFOR, LEVYING
BFd,RING Tl= 'JARRANTS IN PAT.,Z:' � ,
A TAX TO 1':'AY THE PRINCIPAL A INTER.LST TY OF
AND DECLARING AN EUERGENCY.
VIHMM&S, pursuant to charter requirements the Board
of Aldermen did, on the 7th day of December, 1925, adopt a
resolution entitled;
"Resolution approving and adopting plans,
profiles, specifications and estimates of the
proposed improvement of a portion of a public
place of said city: The roadNmy abutting and serving
Municipal Park of the City of '7ichita Falls, Texas,
and directing the City Clerk to advertise for competi-
tive bids for the making and construction of such
improvements."
which resolution is duly recorded in the minutes of the Board of
Aldermen; and
va ERZAS, thereafter, on December 7th, 1925, the Board
of Aldermen did receive from the City Engineer a letter transmitting
and submitting plans, profiles, specifications and estimates, -which
plans, profiles, specifications and estimates are made a oart hereof
by reference, marked Exhibit "A" and identified by the signature
of the City Clerk, to °.,,hich is affixed the seal of the city; and
`-,MRRLAS, thereafter, a notice to contractors advertising
the letting of said work was published in 'Nichita Falls iecor3 TtieWs
a newspa?er published in the City of Wichita Fulls, Texas , in its
issues of December Sth to December 10 1 ; 5i.nelusive, which notice
Is as follOVIs, to-wit:
"NOTICE TO COKTRACTOR i
Sealed proposals will be received until 7:30 P.M.
December 14th, 1925, for the improvement of a portion
of the roadway abutting and serving Municipal Park of
the City of Wichita Falls, witlr the following materials,
to wit: One-course reinforced concrete pavement with
necessary appurtenances, plans and specifications may
be secured at the office of the City
Engineer.id. The L.
certified check must accompany e
ual
rights reserved.
�. E e cBroom
—_� City Clerk."
yy'AEREAS, thereafter, in accordance with said notice
bids were opened immediately after 7:30 P. M. , December 14th, and
among other bids received was that of L. E. ',Vhitham &, Company, which
bid is in words and figures as follows, to-wit:
PROPOSAL TO
THE HONORABLE MAYOR & BOARD OF ALDERMEN
FOR :WIDENING COUNTY ROAD
4;W ad jaoent�5 to MuniOipal Park
e the undersigned have examined the plans and spec-
ificationsfor street paving to be q in Wichita Falls� �exas,
for which bids are to be opened the day of Deoem a ,192 5
and understand fully the amount and character of work, an the
conditions for doing same, and hereby agree thereto.
WO agree to provide all necessary materials, labor,
tools and quipment necessary to complete the work contemplated
in these specifications, for the following prices:
4866 sq yds Reinforced One 0 Two & 80A00 ( 2.80) Dollars
Course Concrete Pavement for Per sq y wi h five year
(Above subgrade) maintenance
sq yds 2 N Asphaltic
Concrete Wi li e rocess on five inch
concrete base for
(above subgrade) per sq yd with five
year maintenance
sq yds 'Asphaltic
Concrete i lite Process Pavement on
inch Asphaltic Ooncrete base for per sq yd with five
(Above subgrade) year maintenance
sq yds 311 Vertical
Fiber ric Pavement on five inch �
concrete base for per sq yd with eve
(above subgrade) year maintenance
lin ft separate curbing $
co`mplet'�n. place for per IM foot
7300 lin ft monolithic $ No & 36AOO ( 0.36) Dollars
curbing; omplete in place for per M FOOE
lin ft combined curb
ancgu ter complete for (in place)
por n
tin ft separate gutter
comp .etc in place for per lin foot
lin ft concrete or oak
,ea ers complete in place for per lin foot
sq ft 44' 1:2:4 concrete
Mle—wa"=n place for per sq rt with five
year maintenance
5000* sq yds excavation NO & 07 AOO 00.07) Dollars
per sq y
Signed L. . . 'Whith8m & Co. ,
Date Dooember 14th , 1925
By H. Z. Goldstueker
Please state if any cash discount is offered property owners
for cash settlement of deferred payments .
and;
rdH%REAS, the bid submitted by L. L. Whitham & Company
was then and there considered by the Board of Aldermen to be the
most advantageous to the City; and
^lR.EA3, on said December 21-st► 1925, a contract was
made and entered into by and between. the Oity and the said
L. L. idhitham & Company in words and figures as follows:
State of Texas,
County of Wichita :
This memorandum of agreement made and entered
Into by and between the City of Wichita Falls, Texas,
acting by and through its Mayor, R. L. Shepherd, first
party, and L. L. vahitham and Company, a partnership
composed of L. L. Uhitham. and R. 11- Whitham, hereinafter
called second parties, `dJI1'i" :1a1C :
v AREAS, the City is desirious of havin?, certain
permanent paving improvements ma- de to and on the roadway
abutting and serving Municipal Park, the enact nature and
amount of said improvements being described ir.. the plans,
profiles, specifications and estimates of the proposed
improvement, duly filed in the office of the City- Clerk,
marked Exhibit "A" to the ordinance approving and adopting
this contract; and
the Contractors herein have filed with the
city a bid which is expressly made a part hereoft and
H-j,,h-A8, the City has accepted said bid;
12a'-a: v:FQRE, BE I." AGEXED s
(1) The plans, profiles, specifications and estimates
of the proposed improvement as described above are expressly
made a part of this contract.
(2) The bid and proposal of the Contractors, as
described above, are hereby made a part of this contract.
(3) The City bidds itself to 1, ssue,and the
Contractors are bound to receive inpayment for the labor
performed and materials furnished under said contract , the
legally Issued City o.,:f -vAchita Pallas Pae& Improvement
1 0 Coer 15, 1925, bearing
,,11arrants, aeries 1925-k, dated Dece,,-
51", Interest, due and payable over a series of years
averaging appmximatelY ten years, subject to legal approval
by the Attorney for the Contractors.
(4 ) The interest bearing time warrants provided for
herein, are to be delivered to the Contractors on properly
approved estimates authorized by resolutions to be adopted
from time to time by the Board of aldermen, as is also set
forth in the bid and proposal and the specifications*
Executed at s;ichita pails, Texas, this 21stday of
December, 1925.
CITY OF 1 IGHITA FALLS- IF—IXAS,
B
First Party
AT T
71. L'. '—IcAao-0:41
City Clerk.
B
Second Parties-
WRLM-AS, at the same time said contract was executed
the Contractors furnished to the City an adequate bond securing the
prompt and proper performance of the contract; and
at the time the City determined to rn.ake the
improvements contemplated herein and at this t:Lre said improvements
were and are considered necessari for the propor use and availability
of Municipal Pa-k, and it is considered to the best Interest of the
City that said Im2roven,:ntq be made.
1,T !!,'ANIX BY L�,TT 33A"iD OF ALDERYI:id 02 TFI-' CITY
OF FALLS,
(1 ) Said contract is hereby made the contract of the
City of 'joichita Falls, Texas, for all purposes.
(2 ) Interest bearing time, warrants of the City Of
'wichita calla to be denominated. City of Vlichit a- yells , Tex-as, Park
Improvement Warrents, �ieries 1925-A., shall be Issued in, the amount
of 420,UW-OU, numbered from one (1 ) to twenty (20), inclusive,
of the denominatiOrk Of r louo.00Gachq payable to L. E. %,,Ihitham & COMD=Y,
contractors or bearer.
(j) 1`11ey shall be dated December 15, 1925, and shall
become due and payalcile as follows- �
.ggW NUS MATURITY DAU AUOUNT-8
March 1, 1928 $1000.00
1 it 1, 1929 1000,00
2 it 10 1930 1000.00
3 Wt 1, 1931 1000.00
4 It 1, 1932 1000.00
5 Qt 1, 1933 1000.00
6 ti 1, 1934 100U.00
7 It 1, 1935 1000.00
8 ff 1, 1936 1000,00
9 to 1, 1937 1000.ou
1U 11 - 12 it 1, 1938 2000100
2000,00
13 - 14 3000.00
15 - 16 - 17 1940 3000.OU
18 - 19 - 20 1, 19 41-1
(4) Said Funding Warrants shall bear interest at the rate
of five and one-half (51;j larch lt 1926,
,%) per centum per annum, payable L
and semi-annually thereafter on September 1 and March 1 Of each Year,
which shall be evidenced by coupons attached to said funding warrants*
(5) Principal and. interest shall be payable upon surrender
of warrants or proper coupons at the office of Hanover 14'ationr_l
Bank i`ew York City, New York.
(6 ) They shall be signed by the City Clerk, countersip-ned
by the Mayor, and registered by the City Treasurer, and the seal of
the City shall be itTressed on each of them; the fac simile signatures
of the Nayor and the City Clerk may be lithographed upon the coupons
attached to each of said warrants.
(7) Said funding ,-,,arrants shall be substantially in the
following forms
No. $1,000.00
UNITED STATES OF A RICA
STATE OF TEXAS
CITY OF 'WICHITA FALLS
PARK IjTR0VmmNm. JIAR:-ANT
SERIES 1925-A
T10, CITY OF WICHITA FALLS, a municipal corporation, duly
incorporated under the laws of the State of Texas, and acting under
its Special Charter, for value received acknowledges itself Indebted
and -)romises to pay to bearer, on the lst day of March, at
the Hanover 1,F-tioriti1 Bank, in New York City, New York, the sum Of
ONE TAOUSA�I�TD DO LLARO
in lawful money of the United States of America, with interest thereon
at the rate of five and one-half %(5- a) per centum per annum, payable
March lst, 1926, and semi-annually thereafter on the 1st day of
September and the 1st day of March of each year, upon presentation
and sufrender of proper coupons; and the City Treasurer of the City
of 'r11'ichita Falls is hereby authorized, ordered and directed to Pay to
the bearer hereof at the bank above named said principal sum, together
with interest thereon as it matures. In the event the sum Of mOnPJY
evidenced by this warrant ani the annexed coupons shall not be paid
at maturity, t-hG stwr* sball thereafter bear Atertat A tie Me
of six ?or ot.,,A ",er azMtM until fli1y paij, =o In ths event
of uVAh default and it w*comes rooessary for the holdor or this
warrant or K on; couponz attu(Sbed hnwouQ is place the some In the
hands of an attorney ton 00000M or to Institute Sult hereon, the
cito an W1040" 1"W 9511gates Mello 4)ivyndscL-" to jv:sy tv'l L"he
ivoldor her(:of An additinnA ton (105) per nort as atturnov*0 Anne
of 3pricz or NqrrAnts numbered
consecutively from 1 to 20, inclusive, in the denOminAtivr Of
each, aggrv9stin; QMUG,ou, jusmod for the purposo of port Imp"Ovc-
I b,,,,- be t o'A
iri nzaordnnaa with a 00nmot axsavtor WOOn A"
,d th, Cjtv of =johita usils, dated Deamnbi�r 21
claims for "Lich wort duly nortifled by the :roper offluer, 'Mrovsa
lxi;l 'ill'ovIed b,-,,,- the Board 3f "Iderman of �Ad City prior t" their
,0,d,,0c witil tj,,e '*,Ojt.-,tjtutIon and laws of the atAe,
the city Charter of thm Olt; of Achitu MIS , On)
PUrsuant to an 4uly and legally passed by the Ao .rd of'
St UU11Y Of
1derman Of said city on the 21E
,,, 1, that. jinates of tre 3oard of "Idermar Of th; MY Of
IV x; wy &M, On th'it all acts, 0001tions
j ir, the IWII�-zzce Of
requirea to be done orecedent
this varrant have Mn oruperly 't-P -gin d performed,
reguLar an! due time an requj),e43, b.y law, and tbal the IMMI indebteinpos
,jd Cjq, including this Warrant, unes n0t 0=0=
statutofy or anartur Witaticn, t"t n " ho-
in amoubt to —�r laysent of t&'
tj-)f�, series oe w"jqn it qnrtt at their
fly thJ5
t"a full fq1th' Cry"" An' rosourcen 0
tho &Ity of 4jahjtA is art h6roby j)lpdpod for tlrc
of this nvr,q,t Inc of the internst ooupoun hiroto ann=a*
IN W ITNESJO WIE R M- F, the City of Wichita Palls has
caused the corporate sp-11 of said City to be hereto affixed and
this warrant to be si-oned by its Clerk, countersip.)2ed by its
Mayor and registered by the City Tressr-cr, as of the fifteenth
day of December, 1925.
City Clerk of the City of '�'Jiohitf:-;.
Falls, Texas,
c0UNTBr4IG1v'1Z-
Mayor, City of Wichita
Falls, Texas*
City Treasurer, city of 'Uichita Fqlls ,
T e xa,s.
(8) The interest coupons attached to each of said
warrants shall be substantially in the f011Ow%ng form:
ON THE lstDAy OF
, 19
The City Treasurer of the City of �[Ichlta Falls, in the
State of ,,Oxs� S, �,;ill pay to bearer at the Honaver National Bank
Xv,j York City, in the sum Of ($ )Dollars,
said sum being months' interest due that day on City Of
Wichit eries 1 92 5
a Falls park Improvement r;arrant , S
dated. Deceydber 15, 1925, to which tllis coupon is att!-.r;hot:! -a.nd is
part 1lereof.
City Clerk
J.Jayor
(9) To pay the interest on said -,vllarrants as the
same shall accrued and become due and to create a sinking fund to
discharge the principal thereof at maturity, there shall be annually
levied and there is hereby levied for the current tax year
19L6 on each 4100 valuation of taxable property in the City of
'dichita Falls, Texas, a tax of one-half cent, which tax is
hereby apportioned and levied out of the tax of twelve (124)
cents authorized to be levied by the Charter of the City of
',r,jichita .Falls for the purpose of current expenses in maintaining
and improving and beautifying public parks and cemeteries and
imiintaining and Improving public play grounds within the limits
of said City; that for the year 1927, and each succeeding year
while any of said funding ,varrants are outstanding and unpaid,
there shall be computed and ascertained what rate of tax based
upon the latest approved tax rolls of said City will be required
to fully make, raise andproduce in each of said years a sum of
inoney 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 shill be levied, assessed and collected in each
of said years.
(10) The am of 4780.00 is hereby a,,Vropriated out of
unappropriated funds available therefor, for the purpose of paying
the coupons maturing respectively on 11aren lst and September 1st,
1926. The City Clerk and the mayor are hereby ordered and directed
to draw a warrant on the Treasurer, and the Treasurer is instructed
to cash the warrant and to hold the funds derived from the warrant
for the specific purpose named and for no other purpose*
(11) All ordinances and parts of Ordinances in conflict
with this ordinance or any part thereof are hereby exoressly repealed
insofar as they conflict herewith.
(1N ) 'The fact that there is a urgent publio need for
the postponement of the payment of the indebtedness as herAinabove
provided, without unduly burdening current revenues, ,vhich improvements
are needed for the health, safety and property of the taxpayers
of the City, creates an emergency andoublic necessity that this be
declared an emergency measure as provided in Section 47 of the
Charter demanding that the rule requiring that ordinances be read
on three separate days be susliended and that this ordinance be
effective and in force inm diately from its passage, and it is
so ordained.
PASSED this the 21st iay of December, 1925.
APPROVED this the 21st day of December, 1925.
R. E. he herd
Mayor, City of Wichita Falls, Yexas.
APPROVED i,.S TO FFORYit
City Attorney, '1�4 chi ta Fails, Texas.
r.{r""T[:n4._�a3
riL
STATE OF T=,.S
COUN'2Y OF `,"i'ICHITA
I, W. E. MoBroom, City Clerk of the City of
Vichita Falls , Texas, hereby certify that the foregoing is a
true and correct copy of the Minutes of a meeting of the Board
of aldermen of the City of Wichita Falls, 'Texas, held in the
City Hall of said City, on the2lst day of December, 1925,
showing the passage of the ordinance therein referred to as
the same aivears of record in Book _, Page _ , et
seqe , of the Minutes of said. Board, and in Book page
of the Ordirmince Records.
GIV-11111 under my hand and the seal of said City this
the - day of December, 1925.
City Clerk and ex-offioioftlerk
of the Board of Aldermen,
1,11ichita Falls, Texas*