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Ord 308 9/13/1920 ORDIRAITC , 30$. Ali OT;DII)AITCL CONFI_d:IIITG C OITTR4CT BET4dEEI4 THE CITY OF ViICNJTA FALLS AND C . R. 11ICHOLS, CONT.LACTOR, FOR THE FIT-d1I3HING OF LILT' IALS AND :1.ABOii IN THE COIvST.�tUCTION • OF A COKPLETE SEtiM SYSTEM IIu AIM FOB TIT" CITY OF VICHITA FALLS: PROVIDING THE 11ETHOD OF' PAYIvIEENNT FOR SAID LUTERIALS AND ';r ORH BY THE ISSUANCE OF IYARR4UTS AND BONDS : PROVIDING FOR THE LEVY OF A TAX TO' PAY THE INTER"ST TH:.?BON AND TO CREATE A SINKING FLUD F OIi TIMIR RED121-12TION AM I:IATUI1ITY: AIID DECIu1RIITG AIT EI,, 1 GEI;CY. WHEREAS. The Board of Aldermen of the City of Wichita Falls , Texas, has heretofore determined the necessity for the construction of sewer improvements within. and for the said City, and on the 21st day of FEBruary, 1920, entered into contract with C. R . Nichols , of said Wichita . County and State of Texas, for the construction of certain sewer improveN ments in and for said City , as is hereinafter more fully set out ; and- "'HE EAS , certain chars es have been agreed u,,on in the plans and specifications, and said specifications and the contract hereinbefore referred to clanged and modified in the matter of the method of the payment `+ of the contractor and the rate of interest the evidences of the indebtedness 3ssu -Ato the Contractor shall bear, and other changes , which changes and -difications have been agreed upon, in writing, by and between the parties ner,ato, after a ,roval by tLe Board of Aldermen, said changed or modified contract being in v:ords and figures as follows , towit : THE STATE OF TEX S X COUNTY OF 't-;I CHITA TIEIS AGr,EE1,TENT , made and entered into in triplicate , this the llth day of September A. D. 1920, by and between the City of 7Jichita FALLS, party of the first part , hereinafter called the "CITTY", and C . R. Nichols , of said city of Wichita Falls , Texas, party of the second part , hereinafter called the "Contractor", i',itnesseth: _.. TH'T 'iVHE a.AS , parties of the first part and second part , o on the 21st day of Febraary, 1920, entered into Contract for the constru- ction for said City of Vdichita Falls, sevier additions , extensions and improvements , to be riad.e by second party, w iich contract is in words and figures as following, to wit : STATE OF TEX.,1S HNO'd ALL I,IEN BY THESE C0UITTY OF 15TICIIITA PRESENTS : That this agreement in writing made this the 21st day of FEbruary 1920 by and between the City of Wichita Falls, Texas , a muni- cipal corporation, hereinafter sty" ed first party and C . R. Nichols , here- inafter called second party. ,I Ti'1E S.ETH _ ( 1) . For the considerations hereafter stated the second party agrees to construct for the fir:;t party, and the first party agrees to have second party construct for it , daring the year of 1920, ail sewer ✓ � additions , extensions and improvements , to be made by the firL�t party in the year 1920. Said additions , extensions, and improvements to be design4 ated from time to time by the first party's repreentative. Said work to be made in and for the City of Wichita Falls, a.r,d additions thereto. w i f: (2) For excav€tin in earth, lying pipe and back filling ditch Second party is to be paid by the first party the following prices : for 6 - 8 -10 and 12 inch Vit. Sever Pipe . 0 feet to 3 feet in depth 43 cents , 3 TT TT 4 IT IT IT 47 IT 4 IT IT 5 IT TT TT 53 TT 5 TT IT 6 IT TT IT 62 IT 6 IT TT 7 TT IT IT 7 3 IT 7 IT TT 8 TT IT IT 87 IT 8 IT IT 9 it IT IT 113 TT 9 TT IT 10 IT IT It 147 IT For excavation for trench over ten feet in depth by maximum width.; price to be in cents twenty eight ti_rries the depth in feet. The above prices are based upon per lineal foot of trench to be of sufficient width to permit the laying; of 6-8-10 and 12 inch pipe maximiva width of 24 inches. For a pipe of larger size which requires an additional width of trench, the above schedule will be UNJI- n as a basis for the maximum width of 24 inches; and additional payment will be made proportioned udon the ; dditional width of trench over the maximum. (3) Excavation in material other than earth, the additional price of �3.50 per cubic yard. (4) For furnishing material, labor, and buildin man-holes complete up to 7 feet in de ,th ; -; 50.00 For each additional foot $5 .00 Said prices applying to each man-hole. (5) e First xr--,,.rty is to furni_sli necessary piY)e for the constru- ction of said levier add.- tioris , and is to f'_1rnish the necessary sand, and cement for the laying of said 6-8-10 and 12 inch pine, ancl to deliver same upon ground t:'r ere seconc,_ party i; to use same . (6) Said first party is to pad;- the second party in cash every two weei?-s , the amotuits earned as per scheduled herein stated and upon the completion of z,aorL, first party agrees to make payments in full to second party'. (7) Said -tvor? is coumience immddiatel:v upon the execution of this agreement by the parties herein, and shall be completed as rapidly as pos- sible under the supervision of the City Sngineer. WITINES)S our hands in duplicate this the 2lat , day of Feb- ruary , 1920. CITE' 0-F FALLS T,�:US. {� J. F. Reed. ( Signed) by J. B. Ylarlow. Party of the first part . ATTEST: ueo. ;T. Thornburn C . R: Nichols City Clerk. (Si fined) by C . R. Nichols, Party of the second part . aa'hi ch contract was awarded to said second party in all things as required- by lal,7, and �'Ix YriS , it is desired by the parties to said Contract that sa.re be modified and. clianged in the matter of the method of pa ,Tjdents , schedule of prices , the execution of warrant and bonds, and other changes , as in the plans and specifications and in the contract provided, so that said contract as so modified and changed, shall be and read as hereinafter stated; and WIiE EkS, details of plans and specifications of the prop- osed work and estimates th reon, :nave been submitted to the Board of Ald- ermen by the I,rayor, and a- pproved by said Board, coy of which specificatie ons, containing 'prices, etc. , is attached hereto and made part hereof. T i IT IS AG. yED,' by and beti,.,een the parties hereto that such eonntra.et as so modified and changed shall be read as follo1rs :-- That for and in consideration of the paymnts and agxeer:.ents hereinafter mentioned, to be made and performed by ti_e said ?arty of the firs` part , and tinder the penalty expressed in a bond bearing even date VJa_th these presents and hereto annexed, the said party of the second part agrees with party Of fthe first part to begin the construction and construct a complete Sanitary sewer system in and_ for the City of 'Vichita Falls, Texas, and to do all extra work in connection therewith, for the prices and as stated in the general specifications and. at his ovin cost and expense , except as in said specifications provided, to furnish all lumber for sheathing, and material for manholes , which mate.°ials shall include all machinery, tools , labor and equipment for said manholes, and shall furnilsh all machinery, tools and equi pment necessary to excavate the trenches, lay ,pipe and back fill the trenches all in accordance with the schedule price and the specifications made a part of this contract , all payments to be made and the said Mork to be performed and materials furnished in the manner in said plans and specifications stated Said first party agrees to pad for said work and materials in the manner provided for in the attached specifications; that is to say, the City agrees to isue and to deliver to the said Contractor , and the Dontract- or agrees to accept , legally issued City of ;ichita Falls Sanitary Stover warrants , to the amount of 2509 000.00, said deliveries to be made as the said work ,progresses , and in accordance with the unit prices named in the $ schedule of prices attached, said warrants to mature from two to ten years from their date, and to bear interest at the rate of seven per cent (7;L) per ann un, payable semi-annually, and to. be made payable at Bach places as second party may designate, or as provided by Attorneys of second party upon forms of said turpose. It is agreed that second party shall receive for all materialE furnished under extra ,pork (except certain pipe and segment block necessary to complete the said sewer con: t.ruction, list of ;: ich, together r-Ith price is attached to the general specifications and marl_.ed "Exhibit B") , cost plus ten per cent ; that party of the second -:art shall act as agent of the first party and shall purchase for said CitIT the pipe and segment Block, necessary to comple''#e said Sanitary System, in the amoi.uits , sizes and at the prices roamed in 111;xhibit B" attached to the general specifications for said work; but as to all other material used in the construction of said sewer improvements sunder extra worY_, party of the second part shall be entitled to full payn.ent for the cost them.;of plus ten per cent . party of the second part agrees to perform the work and furnish the materials in accordance with tl-.e i)lans and speci.fications ,under ' the penalty of a bond in the sum of �85 ,000.00 payable to the 1,11ayor of said City and his successors in office, for the use and benefit of the City of Wichita Falls, as well as to all Sub-Contractors, workmen, laborers , mechanics and furnishers of material who may f o ni sh material or who may perform labor In said work. + It is agreed that when payment of the Contractor has been made by the delivery of the legally issued vrarrants of the City in the amount as hereinafter provided, the contractor , for further work performed , and materi als furnished in the completion of ry sale unitary Sewer co struction, sheon- be paid formthe proceeds from the ale of sewer bonds of y templated to be issued by the City, or by furth r contract entered into be- tween the parties hereto , or should the proceeds from the sale of said bonds be available prior to the time that said i�250,000.00 shall be exhausted,then said contractor shall not be required to accept further warrants as herein provided but shall accept elsa lieu ebonds thereof,be soldstofrom secondepartceeds from the sale of said bonds, unless It is agreed that the Board of Alaerrr.en of the City of '�ichita falls shall pass all necessary ordinances and resolutions author- izing and directing the issiance of said :aria;:its and bonds , and shall provide proper a,prr onriations and levy sufficient taxes to t_�rovide tiie interest and a. s__nring _fund for the redemption of said necessary annual i warrants and the pro-,�osed bonds then voted. The contractor agrees to cof mince or as soon as suifficient mate,-jai is on the gro�:;nc? to a.s;:,'are a continoUs prosec:Jtion of the work, sale at the earliest date possible. and to complete the It is agreed by .and between the 'parties hereto , that party of the second =a -t shall not as i,°i or Iran s-1-er th.i 1 cone ;,act to any individ ual, ass ociation oT indivic?.-gals, cor oration or partnc-rship, wit�!ol_zt the consent , in �,.ri.tir.�. of party o first part. �11 of the Y)rovisions of this agreei.ent shall be .�erforr,ied in the City of 6ichita Falls, Texas, anti! any st.,dA to enforce its 7rovisions or for dk�ma,;;es for breac:ca heroof, shall toe brought in r,,ric j,jta Coiulty ,Texas. II1 'fIT::T1�; ;D a_EOF , the City :teas caused its seal to be here- to affixed and these presents to be signed by its Mayor and attested by its CitvT C1er' and aid party of the second pa:_A has hereto set his hand on this the day o fSeptember , A. D. 1920 CITY Oi' FALLS, n party of the first part . BY 'ayc r ATTEST : Ci y Clerk. Bar. y o he second par . Approved as form CITY A orneuT, Ci y o Iichi a. a 1s, Texas. Approved by the Board of lclerrcen, of the City of ,riciAta Falls, i'exas , ;� nin,g the da„: of sent ember in open session, and before sic-c,_n , this A. Do 1920 T,ayor CITY C LMa A.11D, -,71111'. S3 , -aid cb.an( ed or modified contra. ct has been approved b the Board of Aldermen, and oij--ned b,7- the Mayor on behalf of y �y the city of Falls , and by the contractor , and has been read, duly considered and under. stood : TIE,_`iT 0-1.2]' BE IT, BY 02 SiLDIX21YEN OF '-I C HT JJ_Lj a, 3 THE CITY 01 . Tc� IIA17.13, T�,'� S That said later,&d, ariendod, ciiay,uea and modified contract be and the ;,,aj-.ie is hereby in all things a-pproved, ratified and confirmed as the act and contract of the City of "Wic1lita Falls, Teas, arid. of the hoard of ,Ilder.men of said City : and it a- havino- been reed by and between - L' a- reed parties hereto i,-rj writin-, a-p- ,):-,,o-ired by the Board of ,Ilderraen, that the second party shall receive in rart pa.,-,rment for said Sanit4r­ sewer City construction, ji�,'iita Falls Sanitary Sewer �.,;'arra t,-,,* legally issued O..L 0 'If'250 000.00, maturing in a-Di,-)ro7,,i?ra)tely equal annual in- ill the amoiuit of I _ -v;hicli warrants the City of staimerits in the dears 19,22 to 1930,incl-i-12-ive Wichita Falls an-reesto issue ; B , 1 12 -,1 TT T that , in accord�a_nce With said con- E U�)TTL tract ,-,.n,� ac­reemeiat , vv��.rraat or the City or 7.'.,1ichita Falls , to be called IT 'be issi.Led in the s-um of 0 1 1 TA 11!31T;'� ;J M Nichols , contractor , his assi � i %�250vOOO.009 ,ayable to the said. C . PL. _'_ _,,a s or deicj__-n.r- the indebtedooss dune the said Contractor by the Cit',T of bearer , evi U - -, i tue of said conk 7,richita Falls for said sevrer constr�lction under and by , r 1) tract . Se.id viarrants shall be nz-e-ibered from 1 to 250 inclutstve shall be in the denomination -.f 1 0,'-)0.00 each, a� regating ��p250,000.00 r u They shall be dated -a-. :"r lst ,192 n 0 ad shall become d..Le aU12 pa .,able a mbr as f o 11 o-,x s " 0" 'AL, UTIT 0, ':�25,000.00 2 1 to 25 j� 11 -ist , 19' 26 11 5099 T ar c h lst , 1923 25 ,000.00 51 IT r15 ;;;arch is,t , 1924. 25 , 000.00 76 11100 1.1arell lst ) 1925. 20 ,000.00 101 to 130 1"-arcli last 0 1926. 30t000.00 131 to 160 starch lst , 1927. 30,000.00 161 to 190 1;'Ua r c h lst f 19128 30f000.00 191 to 2120 1,1.ar c h lot , 1929 _'0 9000.00 221 to 250 '.Llar c h I-It V 1930 7.0 9000.00 3aid warrants shall bear interest at, the rate of Seven per per anntz,i date tu-.�til i,a` d , -,c�c,-alib I e oi, i-ann4i -Lla 11 7 7 on !,:'-arch lst and September lst of each year , a part of the contract -price to be paic'_: principal and inter s-st on -aid warrants shall be pu3rable �,t the office of the City Treasarer , 'Wichita, , Chicago , C'01 tl , .0 0 Falls, Tezas , or at tTe I I., I,F-Crltal & Com�mercial !�ationai Ba- IllinoiS , at tile o-Ption o:- the holifl-er . The Ci.t­ O:r s I -a iij reserve to -*.t- if the righ-t t,-), I Jntcrest ng to redeei_-1 warral-tt­ II-L7 ae'l , 0_:r a a 1' 1 to 2-5)0 1 ­-!,ve , at an7T -Led in period after five ; ears'eac -;f�r(D r_�I their (D A eir date by a -in- rincinal and accrued the -'act of _, j L jjarrc t,, 11"all reser7-a to ti,e City said .'Jght -hall lbu b17 the City Clorl--Z-, coiinter- siT-nod b t - o aind -cal oF the Cit,y 0ha1-L be im,. osed ,- r Clark them. T:-o c 2iT1Ut,-LK'0" 0' the 2-ayor and City;u '11 1 upon eacl o d 'j ma-,! be litho-rcl-,-Iled u '.­_n t le co w1c, at'uac: od to each QJc -aid the f 0110�11?ing shall be in s-..i1sta tial-177 TY NO 000.00 UITIM L C, 3 T1r "TA-YE OF T ZU V IT.Lo 0 CITY 07- '.'1 1,,"*, 1"1 ,.!,11 y o. CITY 01' P,,ILL;� (` J 2i�ij 4. i-Joi The City of m,_nici,,_-a1 corporation, aui­ incor- Te",as , for vv.1u,) received, is porated under the of The State of _,-I 7; T11 C1 justly indebted wid- hereby promise .___I to C . R. ­ (101S , contractor , his assigns or bearer , on ti-Le lst d;.y o:11' at the OffiUe of 0 -1tal & Commer- Texas , or a�_ the Conti lei the City_'Tr.easarer ,i -,iiichita Falls , cial 11ational Ba1,LP Chicago , Illinois , at the option of the holder , the sum of in la,,,-,,ful money of the United States of America, interest thereon -9 -L seven her cents un per anniva, . from date hereof until paid at the rate Of payable on th lst day of 1.-_arch, and on the lst day of Sett ei-i,bor of each -year; and the City Tr%asurer is authorized, ordered and directed to pay to the said C . R. 11icholo , his as-,­1-_t,r;ns or bearer, said princi -r,,ai sum, together with interest thei,eon, evid,onced- by co,.i,,-,on_- attached hereto, )rincipal and ii-Iterect payable at eit'D.or of the place , above nauzed , at the option of the . holder , upon presentation and sarrender ,of ,,,,arrants or proper coupons. 7 T11 CITY OF '1 1'�ICT I 1 ILA hcreb-,�,- reserves the right to w redeem arrants ',Jiiumbers lZl to 250, InclOSive O Vf this series s jes of warrants I _ at any time after -five Years, from their date , by paring principal and e t and 1 p accrued inter s , -1-1 case t-h­-, saL,,ie --hall be called in for redemption be- fore matarity notice t.1-Lereof, be -i.ven to the Continental 0 , 0 Treasurer of COMT;lo :cial J,,Tatj 01-1al ',�a V .n:-. of Chicago , Illinois , by the City Treas the City of 'Falls, at least t!2 irt,,.7 dalTs before the date fi ---ed for redemption and sho,Uld either or any, of < aid .warrazltc numbers to 250 tlks series not be -.�-;resented for redern, �,tion vi�ller. called, inclusivet O.L !i 1 9 the ramie shall cease to bear intcrczt from and after saic_ date so fixed. for r ede M-A ion. THIS ',',,rai)d1Ui!T is one of a series of 250 varrants numbered consecatively from 1 to 250 inclusive , in the denomiration of %-?'1,000.00 000.00 issued for the r, each, aggregating ur�pose of evj.,. encing the C) - . indebtedness due by ti-e Cit7' of Vlichita Falls , Texas to the said C . R I Nichols his assigns or bearer , for the construction of 5, sanitar-IT sewer system in and for the City of 'Vichita Falls, in accordance with the terms and stipulations of a contract of date September 1920, and. in accordance with the plans and -pecifications attached hereto and made part f thereof, wider and by virtue of til.e constitution and lavis of the State 6 Texas and the City Charter of the City;, of Wichita Falls, Texas , ind pur- suant to an ordinance passed b'I.1T the Doa- ra of AllorlAon of the City Of Vii- chita Falls passed finally by the Board of il1.1.ermen of the City of ';ichita FAlls, on the llth da,-NT of September, A. D. 1920, of record in Book the H -Ltes of at pages et seq. , of e T ini L said Board* T TT E DkTE of this sarrt-1-nt , in conformitl.,' with the ordinance 11 1 above mentioned, is so,_-,tembet lst , 1920. AND IT 12 %,"BY CMTI-01 T.I-D _!-D .-ECITED that all acts , conditions u ance and things required to be done precedent to and in the i-s of this warrant , have been properly done , happened and perfo-cmed in regular .7 -�i and The State of and due time as required b7� the constitution I laws of Texm_s, and the City Charter' �)f the City of Wichita Falls,and r that the total i 1-) Cite , - i,� varrant ,does not e.-.ceed. any con- ndebtedness of said including t1l stitational or statutory lit,,itation. ITd Tj ITT uS ',rYii:�'=FCI' , the City of oichita Falls has caused the corporate seal of said City to be hereto affined and this warrant to be signed by its Clerk, countersigned by its ?:iayor and registered by the City Treasurer as of the date lest above written. C er! CITy of-Wichita .Falls , Texas. Cocanter i`ned; Ujyor, CI-of ; icni i galls , Te..a.s. REGIS : 0 My reasurer, City of '. is ai Ta Falls, Tazas.". The Form of interest coupon attached to each of said warr- ants shall be substantially as follows : No. ON TIE 1ST DAY OF 135. IxLA .CN, 1920. the City Trea2urer of the City of ';Wichita Falls, Texas, will pay to C . N. T�ichols, his assigns or bearer, at the Office of the City Treasurer, Wichita Falls, Texas , will pay to C . h. Mchols , his assigns or bearer , at the off- ice of the City Treasurer, Tichita Falls, Texas , or at the Continental and Commercial Fational Bank, Chicago , Illinois, at the option of the holder, the sure of Thirty five N35. )Dollars , same begin; six months interest-,due that day on City of Wichita Palls , Texas, Sanitary; Sewer 7arrant No . dated September lst , 1920, to which this coupon is attached and is a pater thereof. City Clerk. Myor.. On the back of each of said warrants shall be printed an assignment in 2abstantially the following fora: ASS ICrE7-TTT. "This is to certify that I have received the within warrant and interest coupons thereto annexed from the City of Wichita, Falls,Texa.s, and for value received , hereby transfer , assign; sell and deliver the said warrant , with the interest coupons thereto annexed, to bearer, without re- course on me, and the said bearer is hereby sub-rogated to all claims, liens rights and title, whether in law or in egaity, which are or may be secured t to me by said warrant or the contract under which same was issued and I hereby authorize .said bearer to collect same and give full receipt and aequI ittance therefor . Witness my signature this the day of 19 Contractor . Said warrants shall be executed and shall be delivered to the said C . R. Nichols, contractor , upon completion of the work to be per- formed under said cont-.,act , in accordance with the terms and provisions thereof, upon certified accounts , or upon ertiniates of materials furnished and alabor performed, and accepted by said city prior to the date of app- roval of such estimates , " uch delivery to be made only after an inspection and accentance of materials fuxr_ish.ed and labor performed. IT IS 1:,'Uy TI '.%n O DAINED BY THE BOARD ALDMT:=E1,T OF THE CITY OF ;�`ICITIT-. FA_:LS THAT TO rAY the interest on the warrants herein authorized to be issued and to create a sins>ing f�.ind sufficient to retire them at maturit r, a tax off�,,,__ cents on the •1100.00 valuation of taxable property in said city Qf ':`'icr'_iti_7alls, is hereby levied. for the year 1920# out of the tax authorized to be levied in Subdivision (f) of Section 74, of the City Chest - r of the City of lk�,ichita. Falls, or. other taxes available for said purp pose ; that for the year 1921, and each year thereafter while any of said war- rants are outstanding and u.n; aid , and at the tirLe oth :r city tastes are levied �-' in each of said years t ere shall be computed and ascertained gnat rate of tax, based upon. the latest ap;- owed tax rolls of said city , will be necessary requisite and sufficient to fully ma're , raise and rroduce in each of said years, the arlo,7nt of -rincipal necessary- to be raised for that year, plus the interest mat.zrinr in said year, and for each of said years , there is hereby ordered to be levied, assessed and collected in due tinie , a tax at such rate as shall be found necessary as aforesa.i.d. , which tax shall for any of said years, never T)e less than the said V,g�_.__cents herein levied for the year 1920, and all of the proceeds from s .chtaxes shall be placed in a separate special fund for t As series of vrarranbs, kno, n and designated as "SPACIAL SAITI ,_ff SE"i'JE W.L- LziTT FU110" , and the City Treasurer shall not hon- on any draft upon said fund or pay out any of tiie same except in the payment of interect. on said warrants or for retiring the same . The fact that an adequate system of Sanitary Seders has been and is an urgent public need for the preservation of the public health, ere- ates an emer-,ency and an imperative necessity that the tule requiring ordin- ances to be read at three several meetings of the board be suspended, and said rule is hereby suspended, and this ordin'nce shall take effect from and- a:Lter its pa.ssa_ e, and it is so ordained. �- PASSED this the 13th day. of September A. D. 1920. APP_:OV ;D this the l�-th, da , of September A. D. 1920. W. D. Cline - iTayor, i y o G is it a ails, Texas. ATTEST: 01 y C er.F, Cl y -ofDichita Falls,Texas.,