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Min 12/12/1949 722 Wichita Falls,, Texas Memorial Auditorium Building December 12, 1949 THE STATE", OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS On this the 12th day of December, 1949, the Board of Aldermen of the City of Wichita Falls., Texas., convened in regular meeting at the regular meeting place., with the following members present: Harold Jones Mayor., L. R. Abbott J. R. Ray Lloyd C. Thomas Aldermen Berry Brown Roy W. Parish B. C. Hunter George T. Henderson Cit y Clerk Frank Wood City Manager Guy McNeeley City Attorney and with the following absent: None., constituting a quorum, at which time the following proceedings were had: Alderman Thomas presented for the consideration of the Board of Alderman a resolution. Alderman Ray made a motion that the resolution be adopted finally. The motion was seconded by Aldeiman Parish. The motion was carried by the following vote: YEAS: Aldermen Abbott., Ray) Thomas., Brown., Parish and Hunter and Mayor Jones. NAYS: None. The resolution as adopted is as follows-. RESOLUTION NO. 45 BY THE BOARD OF ALDFA-01EN OF THE CITY OF WICHITA FALLSp TEXAS, CANVA33ING RETURNS AND DECLARING R&SULT OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF $1,,250,,000.00 WATERI-K)RKS BONDS; ON THE QUESTION OF THE ISSUANCE OF $8002000.00 STREET IMPROVEMENT BONDS; ON THE QUESTION OF THE ISSUANCE OF $200,,000.00 PARK BONDS; ON THE QUESTION OF THE ISSUANCE OF $100,9000.00 FIRE STATION BONDS AND ON THE QUESTION OF THE ISSUANCE OF $900,000.00 SEVM REV�,NUE BONDS. WHEREAS,, heretofore on the 14th day of November,, 1949.. the Board of Aldermen of the City of Wichita Falls, Texas, adopted a resolution calling an election to be held in said City on the 6th day of December, 1949, on the following proposit-I.ons: PROPOSITION NO. 1 "Shall the Board of Aldermen of the City of Wichita Fa2ls,, Texas., be authorized to issue the bonds of said City in the amount of $1.,250.,000,00., maturing serially in such in- stallments as may be fixed by the Board of Aldermen., the maxi- mum maturity date being not more than Twenty Five (25) years from their date, and bearing interest at a rate not to exceed Three and one-half (3L'5%) per cent per annum, payable annually or semi-annually, and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds., for the purpose of constructing., repairing,, improv- ing and extending the water works of said City., as authorized by the Constitution and laws of the State of Texas." 723 PROPOSITION NO. 2 Falls "Shall the Board of Aldermen of the City of Wichita .1 Texas,, be authorized to issue the bonds of said City in the amount of $8OOyOOO,OO, maturing serially in such in- stallments as may be fixed by the Board of Aldermenj, the maxi- mum maturity date being not more than Twenty Five (25) years from their date., and bearing interest at a rate not to exceed Three and one-half OW per cent per annum, payable annually or semi-annually, and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said isaue of bonds, for the purpose of constructing permanent street improvements within said City., as authorized by the Consti- tution ans laws of the State of Texas,t' PROPOSITION NO. 3 ItShall the Board of Aldermen of the City of Wichita Falls, Texas, be authorized to issue the bonds of said City in the amount of $200,000.00, maturing serially in such in- stallments as may be fixed by the Board of Aldermen, the maxi- mum maturity date being not more than Twenty Five (425) years f rom their date,, and b earin., interest at a rate not to exceed Three and one-half (31%) per cent per annum, payable annually or semi-annually, and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds, for the purpose of improving lands for park purposes., as authorized by the Constitution and laws of the State of Texas.1t PROPOSITION NO. 4 "Shall the Board of Aldermen of the City of Wichita Falls., Texasj, be authorized to issue the bonds of said City in the amount of $100,,000.00.. maturin- serially in such in- stallments as may be fixed by the Board of Aldermen, the maxi- mum maturity date being not more than Twenty Five (25) years from their date., and bearing interest at a rate not to exceed Three and one-half (32'%) per cent per annum., payable annually or semi-annually., and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds,, for the purpose of constructingj, repairing and im- proving fire stations within said Cityj, as authorized by the Constitution and laws of the State of Texas.11 PROPOSITION NO. 5 "Shall the Board of Aldermen of the City of Wichita Falls, Texas, be authorized to issue the bonds of said City in the amount of $9000000.00, maturing serially in such in- stallments as may be fixed by hhe Board of Aldermen., the maxi- mum maturity being not more than Twenty Five (25) years from their date., bearing interest at a rate not to exceed Three and one-half per cent per annum.,--- for the purpose of constructing, repairing,. improving and extending the sanitar7 sewers of said City, to be issued in accordance with and secured in the manner provided in Articles 1111-1118, both inclusive, of the Revised Civil Statutes of 'Texas., 1925, as amended, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obli- gation out of funds raised or to be raised by taxation,, secur- ed by a pledge of the net revenues from the operation of said system." and WHEREAS., said election was duly held at the time and places specified after due notice as required by law had been given by posting and publication; and WHEREAS,, there were cast at said election the following votes: PROPOSITION NO. 1 "FOR THE ISSUANCE OF WATERWORKS BONDS" 3671 Votes; "AGAINST THE ISSUANCE OF WATERWORKS BONDS" 1000 Votes. PROPOSITION NO. 2 "FOR THE ISSUANCE OF STREET 111PROVEMENT BONDS" 3583 Votes; "AGAINST THE ISSUANCE OF STREET MPROV34ENT BONDS" 1058 Votes. 724 PROPOSITION No. 3 "FOR THE ISSUANCE OF PARK BONDS11 3"0 Votes; "AGAINST THE ISSUANCE OF PARK BONDS" 1213 Votes. PROPOSITION NO. 4 "FOR THE ISSUANCE OF FIRE STATION BONDS" 3706 Votes; ItAGAINST THE ISSUANCE OF FIRE STATION BONDS" 959 Votes. PROPOSITION NO. 5 "FOR THE ISSUANCE OF SEWER REVENUE BONDS" 3618 Votes; "AGAINST THE ISSUANCE OF SEWER REVENUE BONDS" 1042 Votes. as is reflected in the election returns heretofore filed with the City Clerk; and WHEREAS,, only qualified taxpaying voters owning taxable property in said City and who had duly rendered their property for taxation were allowed to vote; BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That said election was duly called; that notice was given in accordance with law and in accordance with the resolution calling the election; that the 4lection was held in accordance with law; that the re- turns of said election have been made by the proper officers; that a majority of the qualified voters who own taxable property in said City and who have duly rendered the same for taxation voting at said election have voted in favor of the issuance of the bonds. 2. That the Board of Aldermen be and it is hereby in all things authorizeds ordered and directed to issue said bonds and to do any and all things necessary or convenient in connection therewith. - - - - - - - - - - - Moved by Alderman Parish that the Board of Aldermen approve the Amended Contract by and between Shields & Co. and Associates., as hereinafter set forth, and further to authorize and empower Mayor Harold Jones to execute the said amended Contract for and on behalf of the City- of Wichita Falls. Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Abbotto Ray.. Thomas, Brown., Parish and Hunter. Nays: None. CONTRACT December 72 1949 To the Honorable Mayor and City Council., City of Wichita Fallso Wichita Falls, Texas Gentlemen: Reference is made to our contract with you dated November 7. 1949, for the purchase of $2,350,000-00 City of Wichita Falls, Texas, General Obligation Bonds to be dated December 1. 1949v Under the provisions of the above mentioned contract, you agree to sell us and we agree to purchase from you the total amount of these bonds as voted on December 6, 1949, in accordance with the following terms: All bonds maturing 1950 through 1962 inclusive to bear interest at the rate of 3 1/2%., and all bonds maturing 1963 through 1974 inclusive to bear interest at 2 3/4%. with all bonds maturing on December 1. 1965, and thereafter to be optional for redemption on December 1. 1964 at par and accrued interest. For the bonds bearing interest as described above, we agree to pay the par value thereof plus a premium of $2,179-75 plus accrued interest to date of delivery. This represents a total net interest cost over the life of these bonds to the City of $1,139,582.715, or an effective average interest rate of 2.8464%. Respectfully submitted,, Shields & Company & Associates By Isl Arthur E. Goodwin, Jr. Authorized Representative. 725 Alderman Brown presented for the consideration of the Board of Aldermen an ordinance. The ordinance was read in full by the City Clerk. ORDINANCE NO. 1508 Moved by Alderman Brown that Ordinance No. 1508 be approved and passed as read on its first reading, Motion seconded by Alderman Abbott and carried by the following vote: YEAS: Aldermen Abbott, Rays Thomasj Browns Parish and hunter and Mayor Jones. NAYS: None. ORDINANCE NO. 1508 Moved by Alderman Ray that the rule requiring that ordinances be read on three separate days be and is hereby suspended, and declaring an emergency, Motion seconded by Alderman Hunter and carried by the following vote: YEAS: Aldermen Abbott', Rays Thomas, Browns Parish and Hunter and Mayor Jones. NAYS: None. - - - - - - - - - - ORDINANCE NO. 1508 Moved by Alderman Thomas that Ordinance No. 1508 be approved and passed as read on its second reading. Motion seconded by Alderman Abbott and carried by the following vote; YEAS: Aldermen Abbott, Rays Thomas,, Brown, Parish and Hunter and Mayor Jones. NAYS: None. ORDINANCE NO-1508 Moved by Alderman Brown that Ordinance No. 1508 be approved and passed as read on its third and final readings and declaring an emergency. Motion seconded by Alderman Parish and carried by the following vote: YEAS: Aldermen Abbott, Ray, Thomas, Brown, Parish and Hunter and Mayor Jones. NAYS: None. ORDINANCE NO. 1508 BY THE 130ARD OF ALDERMEN OF THE CITY OF, WICHITA FALLS, TZXAS.V PROVIDING FOR THE ISSUANCE OF CITY OF WICHITA FALLS, TEXAS., WATER1,URKS BONDS, SERIES 1949$ IN THE AGGREGATE AMOUNT OF $1,250.,000.00; CITY OF WICHITA FALLSs TEXASp STREET IMPROVEME14T BONDS, SERIES 1949, IN THE AGGREGATE AMOUNT OF $800,000.00; CITY OF WICHITA FALLS, TEXAS., PARK BOND8., SERIES 1949, IN THE AGGRE- GATE AMOUNT OF $200POOO.00 AND CITY OF WICHITA FALLS, TEXAS, FIRE STATION BONDS, SERIES 1949$ IN THE AGGRE- GATE AMOUNT OF $100.,000.00,o BEARING INTEREST AT THE RAThS HEREINAFTER SET FORTH., AND PROVIDING FOR THE LEVYs ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST OF SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDWTION THEREDF AT MATURITY2. PRESCRIBING THE FORM OF BONDS AND DECLARING AN EMERGENCY. WHEREAS., heretofore on the 14th day of November., 1949s the Board of Aldermen of the City of Wichita Falls, Texass adopted a resolution calling an election to be held in the City of Wichita Falls., Texas, on the 6th day of December, 1949, on the following propositions: 726 PROPOSITION NO. 1 "Shall the Board of Aldermen of the City of Wichita Fallso Texaso be authorized to issue the bonds of said City in the amount of $1,,250.,000.00, maturing serially in such in- stallments as may be fixed by the Board of Aldermen, the maxi- mum maturity date being not more than Twenty Five (25) years from their date., and bearing interest at a rate not to exceed Three and one-half (31%) per cent per annum, payable annually or semi-annually.. and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds, for the purpose of constructing,, repairing, improv- ing and extending the water works of said City, as authorized by the Constitution and laws of the State of Texas." PROPCSITION NO. 2 ItShall the Board of Aldermen of the City of Wichita Falls,, Texas,, be authorized to issue the bonds of said City in the amount of $800,000.00., maturing serially in such in- stallments as may be fixed by the Board of Aldermen, the maxi- mum maturity date being not more than Twenty Five (25) years from their date, and bearing interest at a rate not to exceed Three and one-half (312%) per cent per annum, payable annually or semi-annually,, and to levy a tax sufficient to pa 'y inter- est as it accrues and principal as it matures on said issue of bonds., for the purpose of constructing permanent street improvements within said City, as authorized by the Consti- tution and laws of the State of Texas.tt PROPOSITION 140. 3 "Shall the Board of Aldermen of the City of Wichita Falls, Texas, be author-ized to issue the bonds of said City in the amount of $200.,000.00., maturing serially in such in- stallments as may be fixed by the Board of Aldermen,, the maxi- mum maturity date being not more than Twenty Five (25) years from their date, and bearing interest at a rate not to exceed Three and one-half (31%) per cent per annum, payable annually or semi-annually, and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds, for the purpose of improving lands for park purposes., as authorized by the Constitution and laws of the State of Texas." PROPOSITION NO. 4 "Shall the Board of Aldermen of the City of Wichita Falls, Texas, be authorized to issue the bonds of said City in the amount of $100,000.00, maturing serially in such in- stalLnents as may be fixed by the Board of Aldermen,, the maxi-, mum maturity date being not more than Twenty Five (25) years from their date,, and bearing interest at a rate not to exceed Three and one-half (3'%) per cent per annum, payable annually or semi-annually., and to levy a tax sufficient to pay inter- est as it accrues and principal as it matures on said issue of bonds, for the purpose of constructing,, repairing and im- pr6ving fire stations within said City, as authorized by the Constitution and laws of the State of Texas*" and WHEREAS,, said election was duly and legally held in the City of Wichita Falls, Texas, on the 6th day of December, 1949, at which election a majority of the legally qualified electors., owning taxable property in said City and who had duly rendered the same for taxation,, voting at said election, sustained the propositions to issue the bonds hereinafter described by the following vote: PROPOSITION NO. 1 "FOR THE ISSUANCE OF WAT109ORKS BONDS" 3671 Votes; "AGAINST THE ISSUANCE OF WATERWORKS BONDS" 1000 Votes. PROPOSITION NO. 2 "FOR THE ISSUANCE OF STREET IKPROVEKENT BONDS" 3583 Votes; "AGAINST THE ISSUANCE OF 3TRSET DIPROVEMENT 3ONDS11 1058 Votes. 727 PROPOSITION NO. 3 "FOR THE ISSUANCE OF PABK BONDS" 3"0 Votes; "AGAINST THE ISSUANCE OF PARK BONDS" 1213 Votes. PROPOSITION NO. 4 "FOR THE ISSUANCE OF FIRE STATION BONDS" 3706 Votes; "AGAINST THEi ISSUANCE OF FIRE STATION BONDS" 959 Votes, as is reflected in the election returns heretofore filed with the City Clerk; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: PERTAINING TO THE WATERWORKS BONDS 1. That the bonds of said City to be called "City of Wichita Falls, Texas, Waterworks Bonds., Series 194911., be issued under and by virtue of the Constitution and laws of the State of Texas, and the Charter of said City, for the purpose of constructing., repairing., improving and extending the water works of said City, in the principal sum of One Million Two Hundred Fifty Thousand ($1,250,000-00) Dollars. 2, That said bonds shall be numbered from One (1) to One Thousand Two Hundred Fifty (1,250). both inclusive, of the denomination of One Thousand ($-ljOOO.00) Dollars each, aggregating One Million Two Hundred Fifty Thousand ($1,250,00) Dollars. 3, That said bonds shall be dated December 1, 1949, and shall become due and payable serially as follows: BONDS NUMBERS MATURITY DATES AMOUNTS 1 to 21., both incl., December 111 1950, $ 21.,000.00 22 to 35, if It December lj 1951, 14.,000.00 36 to 679 It It December 12 19520 32,000.00 68 to 101,, it December 11 19532 342000-00 102 to 137, it December 11 1954, 36,000.03 138 to 171., is December 12 19551 34.,000,00 172 to 203., It December lj, 19562 32.,000.00 204 to 237., It December 11 1957, 34.,000.00 238 to 273, December 1, 1958., 36,000.00 274 to 311., December lj 1959, 382000.00 312 to 3381 December 11 1960, 27.,000.00 339 to 373j, December 11 1961j 35�000-00 374 to 409, December lj 1962,, 36,000.00 410 to "7, December 1, 1963, 38,000.00 "8 to 482., December 1, 1964, 35jOOO-00 483 to 514, December 1, 1965j 32,000.00 515 to 552, December 1, 1966, 38j,000.00 553 to 593, December 1, 19671, 41,000.00 594 to 629, December 1, 1968j 361$000.00 630 to 667, December 1, 19692 38.9000.00 668 to 777j, December 1, 1970, 1101000.00 778 to 890, December li 1971� 113,000-00 891 to 1005, December IJI 1972., 115,000-00 1006 to 1126, December li 1973., 121,000.00 1127 to 1250,, December 1, 1974, 124,000-00 4. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 409, both incl., 31% per annum; ;z Bonds Nos. 410 to 1250, It it 2-3/4% per annum, payable December 1., 1950., and semi-annually thereafter on June lst and December lst of each year. 5. In Bonds Numbers Four Hundred Eighty Three (483) to One Thousand Two Hundred Fifty (1,250), both inclusive, the City shall reserve the option of calling each such bond for redemption prior to maturity at par and accrued interest, on any interest payment date on and after December 'l. 1964j by giving thirty (30) days' notice in writing to the place of payment and by publication of such notice in a financial publication having general cir- culation in New York City, Said notice shall appear in said publication in at least one issue, the date of said issue being not less than thirty days prior to the date so fixed for redemption, If any such bond is called for redemption in said manner and funds sufficient to pay the principal and accrued interest thereon shall have been duly placed in the place of payment and it shall not be presented for payment it shall not thereafter bear interest. 728 6. The form of said bonds shall be substantially as follows: NO. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS WATERWORKS BOND SERIES 1949 of Texas The City of Wichita Falls., in the County of Wichitat, State ., a municipal corporation duly incorporated under the laws of the State of Texass ,for value received.. hereby promises to pay to the bearer hereof on the lst day of December., 19 the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date hereof at the rate of (*%) per cent per annum., interest payable December 1, 1950, and semi-amnually thereafter on the lst day of June and the lst day of December of each year, both principal and interest payable upon presentation and surrender of bond or proper coupon at the Chase National Bank, New York, New York, or, at the option of the holder, at the Mercantile National Bank at Dallas,, Dallas,, Texas,, and the City of Wichita Falls., Texas.. is hereby held and f irmly b ound and it s f ai th and c redi t and al I -"Jaxable p rope rty in s aid City are hereby pledged for the prompt payment of the principal .of this bond at maturity and the interest thereon as it accrues. This bond is one of a series of One Thousand Two Hundred Fifty (1,250) bonds of like tenor and effect', except as to numbey, interest rate, maturity and right of prior redemption., numbered from One (1) to One Thousand Two Hundred Fifty (lj250)., both inclusive,, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating One Million Two Hundred Fifty Thousand ($1,250.,000.00) Dollars., issued for the purpose of construct- in&,, repairing,, improving and extending the water works of said City., under and by virtue of the Constitution and laws of the State of Texas, the Charter of said City, and pursuant to an ordinance passed by the Board of Aldermen of said City of Wichita Falls, Texas, which ordinance is duly of record in the minutes of said Board of Aldennen. **(The City reserves the right to redeem this bond prior to maturity on any interest payment date on and after December 1. 1964, at par and accrued interest to date fixed for payment, provided thirty (30) days' notice in writing is given to the place of payment, and by publication of such notice in a financial publication having general circulation in New York City, Said notice shall appear in said publication in- at least one issue, the date of said issue being not less than Thirty (30) days prior to the date so fixed for redemption. If this bond is called for payment in said manner and money is placed in said place of payment prior to the date so fixed for redemption sufficient to pay the principal and interest to said date and this bond is not so presented for payment, it shall not thereafter bear in- terest.) The date of this bond in conformity with the ordinance above mentioned is December l.. 1949. P14D IT IS HEREBY CERTIFIED WD RECITED that the issuance of this .bond., and the series of which it is a part,, is duly authorized by law and by a vote of the resident., qualified electors who own taxable property in said City and who had duly rendered the same for taxation in the City of Wichita-Falls, Texas, voting at ail election held for that purpose within said City on the 6th day of December, 1949; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of trds bond, have been properly done and performed and have happened in regular and due time., form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which, when collected shall be appropriated exclusively to the payment of this bond, and of the series of which itu is a part, and to the payment of the interest coupons,heretc, annexed as the same shall become due; and that the total in- debtedness of said City of Wic�dta Falls, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitatione IN WITNESS WHEREOF I the City of Wichita Falls., Texas., by its Board of Aldermen has caused its cor-porate seal to be affixed hereto, and this bond to be signed by the Mayor and countersigned by the City Clerk and the interest coupons hereto attached to, be executed by the lithographed or printed facsimile signatures of the Mayor and C-1-ty Clerk as of the lst day I 729 of December, 1949, Mayor., City of Wichita Falls,, Texas COUNTERSIGNED: City Clerk, City of Wichita Falls, Texas. *(Bonds Nos. 1 to 409, both incl., 3i% per annum; Bonds Nos. 410 to 1250s 11 11 2-3/4% per annum.) **(This paragraph should be omitted from Bonds Numbers 1 to 482, both incl.) 7. The form of coupon shall be substantially as fbllows: NO. $ ON THE lst DAY OF .,19 The City of Wichita Falls, Texas,, will pay to bearer, *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made), at the Chase National Bank, New York, New York,, or,, at the option of the holder, at the Mercantile National Bank at Dallas,, Dallas� Texas, the sum of Dollars, in lawful money of the United States of America., being months' interest due that day on "City of Wichita Falls,, Texas., Waterworks Bond, Series 19491, dated December 1, 1949, No. City Clerk Mayor *(This parenthetical expression should be printed only in coupons maturing June 1, 1965, and subsequent). PERTAINING TO THE STRE6T IMPROVEM24T BONDS 8. That the bonds of said City to be called "City of Wichita Falls., Texas, Street Improvement Bonds, Series 1949"., be issued under and by virtue of the Constitution and laws of the State of TexasP and the Charter of said City., for the purpose of constructing permanent street im- provements within said City., in the principal sum of Eight Hundred Thousand ($800,000.00) Dollars. 9. That said bonds shall be nu#bered from One (1) to Eight Hundred (800)2 both inclusive, shall be of the denomination of One Thousand ($1,000.CO) Dollars each, aggregating Eight Hundred Thousand ($800,000.00) Dollars. 10. That said bonds shall be dated December 1,, 1949, and shall become due and payable serially as follows: BONDS NUMBERS MATURITY DATES- AMOUNTS 1 to 112 both incl., December 1.9 19509 $ ll.,000.00 12 to 19, December 1, 1951, 8,000.00 20 to 36, December 1, 1952, 17,000.00 37 to 55, December 11 1953, 19,000.00 56 to 76, December Is 1954., 21,000.00 77 to 95., December 10 1955, 192000,00 96 to 112, December 12 1956, 17.,000.00 113 to 131P December I., 1957s 19,00O.Co 132 to 151, December 1, 1958, 20.,000.00 152 to 173., December 11 1959., 22,000.00 174 to 189., December 11 1960, 161OOO.CO 190 to 207., December 1, 1961., 18,000.00 208 to 227,, It tt December 11 1962, 2O.,OOO.CO 228 to 249,9 " it December 11 1963, 22,000.00 250 to 267., " It December 11 1964o 18,000.00 268 to 284, if December 11 19652 17.,000.00 285 to 306,, It December 1, 1966, 22,tOOO.00 307 to 3290 it December 12 1967, 23,000-CO 330 to 359, it December 1, 1968p 30,,000.00 36o to 396., il ti December 11 1969j 37,000,00 397 to 473, 11 It December 1p 1970, 77�000,00 474 to 552, December 1., 1971, 79,000-00 553 to 632, December 11 1972, 80j,000.00 633 to 715, December 1, 1973, 83,000-00 716 to 800., December 11 1974., 85,000-00 730 11. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 227s both incl., 31% per annum;' Bonds Nos. 228 to 800, to 11 2-3/4% per annum, payable December ls 1950., and semi-annually thereafter on June Ist and December Ist of each year. 12. In Bonds Numbers Two Hundred Sixty Eight (268) -to Eight Hundred (800)2 both inclusive2 the City shall reserve the option of calling each such bond for redemption prior to maturity at par and accrued interest, on any interest payment date on and after December 1) 1964., by giving thirty (30) days' notice in writing to the place of payment and by publication of such notice in a financial publication having general cir- culation in New York City. Said notice shall appear in said publication in at least one issue, the date of said issue being not less than thirty days prior to the date so fixed for redemption. If any such bond is called for redemption in said manner and funds sufficient to pay the principal and accrued interest thereon shall have been duly placed in the place of payment and it shall not be presented for payment it shall not thereafter. bear inter- est. 13. The form of said bonds shall be substantially as f ollows: NO. $10000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA - CITY OF WICHITA FALLS STREET IMPROVEK2NT BOND SERIES 1949 The City of Wichita Falls, in the Countyof Wichita.. State of Texas, a municipal corporation duly incorporated under the laws of the State of Texas, for value received, hereby promises to pay to the bearer here- of on the lst day of December, 19 the sum of, ONE THOUSAND DOLLARS in lawful money of the United States of Amenica., with interest thereon from date hereof at the rate of (*%) per cent per annums interest payable December ls 1950., and semi-annually thereafter on the lst day of June and the lst day of December of each year, both principal and interest payable upon presentation and surrender of bond or proper coupon at the Chase National Bank, New York, New Yorks or, at the option of the holder, at the Mercantile National Bank at Dallas, Dallas., Texas., and the City of Wich-ita, Falls., Texas., is hereby held and firmly bound and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. This bond is one of a scries of Eight Hundred (800) bonds of like tenor and effect$ except as to number, interest rates maturity and right of prior redemption, numbered from One (1) to Eight Hundred (80O)s both inclusive., of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Eight Hundred Thousand ($800,000.00) Dollars, issued for the purpose of constructing permanent street improvements within said Citys under and by virtue of the Constitution and laws of the State of Texas, the Charter of said City, and pursuant to an ordinance passed by the Board of Aldermen of said City of Wichita Falls, Texass which ordinance is duly of record in the minutes of said Board of Aldermen. **(The City reserves the right to redeem this bond prior to maturity on any interest payment date on and after December 1. 1964, at par and accrued interest to date fixed for paymemt, provided thirty (30) days' notice in writing is given to the place of payment, and by publication of such notice in a financial publication having general circulation in New Said notice shall appear in said publication in at least one York City. issues the date of said issue being not less than thirty (30) days prior to Id the date so fixed for redemption. If this bond is called for payment in 3ai manner and money is placed in said place of payment prior to the date so fixed for redemption sufficient to pay the principal and interest to said date and this bond is not so presented for payment, it shall not thereafter bear in- t-erest.) The date of this bond in conformity with the ordinance above mentioned is December 1. 1949, 731 AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part.,. is duly authorized by law and by a vote of the resident,, qualified electors who own taxable property in said City and who had duly rendered the same for taxation in the City of Wichita Falls., Texas., voting at an election held for that purpose within said City on the 6th day of December, 1949; that all acts., conditions and things required to be done precedent to and in the issuance of this series of bonds,, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has ,been made., which., when collected shall be appropriated exclusivels, to the payment of this bond, and of the series of which it is a part, and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total in- debtedness of said City of Wichita Falls, Texas, including the entire series of bonds of wl-iich this is one, does not exceed any constitutional or statutory limitation. IN WITTIESS WHEREDF,, the City of Wichita Falls,, Texas., by its Board of Aldermen has caused its corporate seal to be affixed hereto, and this bond to be signed by the Mayor and countersigned by the City Clerk and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Clerk as of the lst day of December., 1949. COUNTERSIGNED: Mayor, City of Wichita Falls, Texas City Clerk, City of Wichita Falls, Texas. *(Bonds Nos. 1 to 227, both incl �19 3z% per annum; Bonds Nos. 228 to 800., -3/4% per annum), **(This paragraph should be omitted from Bonds Number 1 to 267, both inclusive). 14. The form of coupon shall be substantially as follows: NO. ON THE 1ST DAY OF "19 The City of Wichita Falls., Texas., will pay to bearer., *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made), at the Chase National Bank., New York,, New York., or., at the option of the holder, at the Mercantile National Bank at Dal7as, Dallas Texas L the sum of -) Dollars., in lawful money of the United States of America, being months' interest due that day on '?City of Wichita Falls,, Texas,, Street Improvement Bond., Series 1949". dated December 1. 1949, N&, City Clerk Mayor *(This parenthetical expression should be printed only in coupons maturing June 1. 1965, and subsequent). PERTAINING TO THE PARK BONDS 15. That the bonds of said City to be called "City of Wichita Falls Texas.. Park Bonds., Series 1949".. be issued under and by virtue of the Constitution and laws of the State of Texas, and the Charter of said City, for the purpose of improving lands for park purposes, in the principal sum of Two Hundred Thousand ($200,000.00) Dollars. 16. That said bonds shall be numbered from One (1) to Two hundred (200)., both inclusive, shall be of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Thousand ($200,000.00) Dollars. 17. That said bonds shall be dated December 1, 1949, and shall become due and payable serially as follows: 732 AMOUNTS BONDS NUMBERS MATURITY DATES 1 22 December 11 1950, $ 2,000.00 3 4 December 11 1951o, 2,000.00 5 to 8s both incl., December 1, 1952, 4,000-00 9 to 13., It if December 11 1953o 5sOOO-O0 14 to 19.- 11 it December ls 19542 6sOOO.00 20 to 24s 11 if December 11 1955, 5.,000-00 25 to 28s 11 it December 12 1956, 4..000.00 29 to 33.0 It if December 11 1957, 5,,000.00 34 to 39j, 11 it December 13 1958p 62000.00 40 to 45., 11 to 9 December 11 1959, 6POOO.00 46 to 50., " December 11 1960, 5..000,00 51 to 55s of December 19 19610 5,000,00 56 to 61, of 11 December 12 1962, 6,000.00 62 to 67.. December 11 1963s 6,000.00 68 to 72s December 12 1964, 5.,000.00 73 to 76, it it December 12 19652 4,,000.00 77 to 82., 11 it December 12 19661' 6,000.00 83 to 90s of it December 11 1967s 8,000.00 91 to 96, 11 December 11 1968, 69000.00 97 to 102, It December 11 1969, 6,000.00 103 to 120.4 If December 11 1970, 18,000.00 121 to 138, it December 1, 19713 18.,000.00 139 to 158., If if December 11 1972, 203000.00 159 to 179., 11 to December 11 19732 21.,000.00 180 to 200., December 11 19742 21,000.00 18. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 61s both incl., 3z'% per annum; Bonds Nos. 62 to 200, It It 2-3/4% per annum, payable December ls 1950., and semi-annually thereafter on June lst and December lst of each year. 19. In Bonds Numbers Seventy Three (73) to Two Hundred (200), both inclusive, the City shall reserve the option of calling each such bond for redemption prior to maturity at par and accrued interest, on any interest payment date on and after December 1, 19642 by giving thirty (30) days' notice in writing to the place of payment and by publication of such notice in a financial publication having general circulation in New York City. Said notice shall appear in said publication in at least one issue., the date of said issue being not less than thirty days prior to the date so fixed for redemption. If any such bond is called for redemption in said manner and funds sufficient to pay the principal and accrued interest thereon shall have been duly placed in the place of payment and it shall not be presented for payment it shall not thereafter bear interest. 20. The form of said bonds shall be substantially as follows: NO. $1sOOO.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA ,CITY OF WICHITA FALLS PARK BOND SERIES 1949 The City of Wichita Fallsj in the County of Wichita2 State of Texas., a municipal corporation duly incorporated Under the laws of the State of Texas., for value received., hereby promises to pay to the bearer here- of on the lst day of Decembers 19 , the sum of ONE THOUSAND DOLLARS in lawful money of the United States of Americas with interest thereon from date hereof at the rate of (*%) per cent per annums interest payable December ls 1950, and semi-annually thereafter on the lst day of June and the lst day of December of each year, both principal and interest payable upon presentation and surrender of bond or proper coupon at the Chase National Bank, New York, New York., ors at the option of the holder, at the �Iercantile National Bank at Dallas., Dallas., Texas., and the City of Wichita Falls., Texas., is hereby held and firmly bound and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. 733 This bond is one of a series of Two Hundred (200) bonds of like tenor and effect, except as to number, interest rate, maturity and right of prior redemption., numbered from One (1) to Two Hundred (200), both inclusive,, of the denomination of One Thousand ($1,000.00) Dollars each., aggregating Two Hundred Thousand ($200,000.00) Dollars,, issued for the purpose of improving lands for park purposes., under and by virtue of the Constitut-ion and laws of the State of Texas., the Charter of said City., and pursuant to an ordinance passed by the Board of Aldermen of said City of Wichita Falls,, Texas., which ordinance is duly of record in the minutes of said Board of Aldermen. **(The City reserves the right to redeem this bond prior to maturity on any interest payment date on and after December 1, 1964, at par and accrued interest to date fixed for payment, provided thirty (30) days' notice in writing is given to the place of payment, and by publication of such notice in a financial publication having general circulation in New York City. Said notice shall appear in said publication in at least one issue, the date of said issue being not less than Thirty (30) days prior to the date' so fixed for redemption. If this bond is called for payment in said manner and money is placed in said place of payment prior to the date so fixed for redemption sufficient to pay the principal and interest to said date and this bond is not so presented for payment, it shall not thereafter bear in- terest.) The date of this bond in conformity with the ordinance above mentioned is December 1,, 1949. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part,, is duly authorized by law and by a vote of the resident, qualified electors who own taxable property in said City and who had duly rendered the same for taxation in the City of Wichita Falls, Texas., voting at an election held for that purpose within said City on the 6th day of December, 1949; that all acts.,, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time,, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made., which., when collected shall be appropriated exclusively to the payment of this bond, and of the series of which it is a partj, and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total in- debtedness of said City of Wichita Falls,, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitation, IN WITNESS WHEREOF., the City of Wichita Falls., Texas., by its Board of Aldennen has caused its corporate seal to be affixed hereto and this bond to be signed by the Mayor and countersigned by the City Clerk and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Clerk as of the lst day of December, 1949. Mayor., City of Wichita Falls Texas COUNTERSIGNED: City Clerk, City of Wichita Falls., Texas. C *(Bonds Nos. 1 to 61, both incl., 31% per annum; Bonds Nos. 62 to 200., if it 2-3/4% per annum.) **(This paragraph should be omitted from Bonds Numbers 1 to 72, both incl.) 21. The form of coupon shall be substantially as follows: NO. ON THE 1ST DAY OF ., 19 The City of Wichita Falls, Texas, will pay to bearer, *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made), at the Chase National Bank, New York., New York, or., at the option of the holder, at the Mercantile National Bank at Dallas., Dallas, Texas, the sum of ($ ) Dollars. in lawful money of the United States of America, being monthst interest due that day on "City of Wichita Falls, Texas., Park Bond, Te—ries 1949". dated December 1. 1949, No. City Clerk Mayor 734 *(This parenthetical expression should be printed only in coupons maturing June 1, 1965, and subsequent). PERTAINING TO THE FIRE STATION BONDS 22. That the bonds of said City to be called "City of Wichita Falls.* Texasp Fire Station Bonds$ Series 19491to be issued under and by virtue of the Constitution and laws -of the State of Texas, and the Char-ter of said City, for the purpose of constructing,, repairing and improving fire stations within said City, in the principal sum of One Hundred Thousand ($100,000.00) Dollars. 23. That said bonds shall be numbered from One (1) to One Hundred (100)0 both inclusive, shall be of the denomination of One Thousand ($1,000,00) Dollars each, aggregating One Hundred Thousand ($100,000.00) Dollars. 24. That said bonds shall be dated December 1,, 1949., and shall become due and payable serially as follows: BONDS NUMBERS kATURITY DATES AMOUNTS 1 December 11 1950., 3 10000.00 2 December 12 19510 1.,000.00 3 - 4 December 12 1952, 2..000.00 5 - 6 December 11 1953, 2,000.00 7 - 8' December 11 1954� 2.*000.00 9 - 10 December 12 1955, 2,000.00 11 - 12 December 10 19562 2j,000.00 13 - 14 December 1� 1957, 2,,000.00 15 to 17 2 both incl., December 1, 1958, 3,000-00 18 to 21., 11 it December 11 1959p 4jOOO.00 '22-- 23 December 11 1960, 2..000.00 24 - 25 December 1,, 19612 23000.00 26 to 28, 11 it December 11 1962, 3�000-00 29 to 32, December 11 1963, 4,000.00 33 - 34 December 12 1964, 2,000.00 35 - 36 December 11 1965, 22000.00 37 to 40 December 11 1966s 43000-00 41 to 43., December 12 1967o 3,000.00 to 46, December 11 19682 31000-00 47 to 50, December 12 1969, 4,000-00 51 to 600 December 1p 1970, 100000.00 61 to 70., December 11 1971t 10SO00.00 71 to 80, December 11 1972, 10.,000.00 81 to 909 December 1p 1973, 1OP000.00 91 to 100" December 1p 1974,9 10P000.00 25. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 28., both incl.., 3z% per annum, Bonds Nos. 29 to 100, it it 2-3A% per annum, payable December 11 1950, and semi-annually thereafter on June lst and December lst of each year. 26. In Bonds Numbers Thirty Five (35) to One Hundred (100). both inclusive, the City shall reserve the option of calling each such bond for redemption prior to maturit�p at par and accrued interest, on any interest payment date on and after December 1., 1964., by giving thirty (30) clays, notice in writing to the place of payment and by publication of such notice in a financial publication having general circulation in New York City. Said notice shall appear in said publication in at least one issuej, the date of said issue being not less than thirty days prior to the date so fixed for c� redemption. If any such bond is called for redemption in said manner and funds sufficient to pay the principal and accrued interest thereon shall �Bve been duly placed in the place of payment and it shall not be presented for payment it shall not ther(,,after bear interest. 27. The form of said bonds shall be substantially as follows: NO. $1.,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS FIRE STATION BOND SERIES 1949 735 of Texas The City of Wichita Falls, in the County of Wichita,, State ., a municipal corporation duly incorporated under the laws of the State of Texas, for value received., hereby promises to pay to the.bearer here- of on the lst day of December., 19 0 the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America,, with interest thereon from date hereof at the rate of (*%) per cent er ani,11D-a., interest ,payable December 12 1950, and semi-annually thereafter on the lst day of June and the lst day of December of each year, both principal and interest payable upon presentation and surrender of bond or proper coupon at the Chase National Bank., New York., New York., or, at the option of the holder, at the Mercantile National Bank at Dallas, Dallas, Texas, and the City of Wichita Falls., Texas, is hereby held and firmly bound and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. This bond is one of a series of One Hundred (100) bonds of like tenor and effect, except as to number,, interest -rate, maturity and right of prior redemption, numbered from One (1) to One Hundred (100), both inclusive., of the denomination of One Thousand ($1,000' 00) Dollars each, aggregating One Hundred Thousand ($100jOOO.00) Dollars issued for the pur- pose of constructing, repairing and inproving fire stat2ions within said City, under and by virtue of the Constitution and laws of the State of Texas, the Charter of said City, and pursuant to an ordinance passed by the Board of Alderman of said- City of Wichita Falls,, Texas., which ordinance is duly of record in the minutes of said Board of Aldermen. **(The city reserves the right to' redeem this bond prior to maturity on any interest payment date on and after December 1. 1964., at par and accrued interest to date fixed for payment, provided thirty (30) days' notice in writing is given to the place of payment, and by publication of such notice in a financial publication having general circulation in New - York City. Said notice shall appear in said publication in at least one issue, the date of said issue being not less than Thirty (30) days prior to the date so fixed for redemption. If this bond is called for payment in said manner and money is placed in said place of payment prior to the date so fixed for redemption sufficient to pay the principal and interest to said date and this bond is not so presented for payment,, it shall not thereafter bear in- terest.) The date of this bond in conformity with the ordinance above mentioned is December 1, 1949. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly authorized by law and by a vote of the resident, qualified electors who own taxable property in said City and who had duly rendered the same for taxation in the City of Wichita Falls., Texas., voting at an election held for that purpose within said City on the 6th day of December, 1949; that all acts, conditions and things required -to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time,, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes-,has been made, which when collected shall be appropriated exclusively to the payment of this bond, and of the series of which it is a part., and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total in- debtedness of said City of Wichita Falls, Texas, including the entire series of bonds of -.4hich this is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF.. the City of Wichita Falls., Texas., by its Board of Aldermen has caused its corporate seal to be affixed hereto, and this bond to be signed by the Mayor and countersigned bythe City Clerk and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Clerk as of the lst day of December, 1949. Mayor, City of Wic)Xita Falls, Texas COUNTERSIGNED: City Clerk, ,City of Wichita FallsP Texas. *(Bonds Nos. 1 to 28 2 both incl., 321% per annum; Bonds No.s 29 to 100, it 11 2-3A% per annum). **(This paragraph should be omitted from Bonds Numbers 1 to 34, both incl.) 736 28. The form of coupon shall be substantially as follows: NO. ON THE 1ST DAY OF , 19 The City of Wichita Falls, Texas, will pay to bearer, *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made), at the Chase National Bank.. New York,, New York, or., at the option of the holder., at the Mercantile National Bank at Dallas, Dallas, Texas, the sum of ($ ) Dollars, in lawful money of the United States of America, being months' interest due that day on 11City of Wichita Falls., Texas,, Fire Station Bond, Series 194911, dated December 1. 1949., No. City Clerk Mayor *(This parenthetical expression should be printed only in coupons maturing June 1, 1965., and subsequent). PERTAINING TO ALL ISSUS ABOVE DESCRIBED 29. That substantially the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and the Charter of said City,, and that it is a valid and binding obligation upon said City of Wichita Falls, Texas., and that said bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas. Comptroller of Public Accounts of the (SEAL) State of Texas. 30. That the principal and interest of said bonds shall be payable upon presentation and surrender of bond or proper coupon at the Chase National Bank., New York, New York, or, at the option of the holder., at the Mercantile hational Bank at Dallas, Dallas, Texas. 31. That each of said bonds shall be signed by the Mayor and countersigned by the City Clerk and the corporate seal of the City of Wichita Falls, Texas, shall be impressed upon each of them. 32. That 'he facsimile signature of the Mayor and City Clerk may be lithographed or printed on the coupons attached to said bonds and said facsimile signatures shall have the same effect as if they had been executed manually by the said officials. 33. That special funds shall be created and are hereby created to be designated as follows: "City of Wichita Falls,, Texas, Waterworks Bonds., Series 1949 Fund?; IlCity of Wichita Falls, Texas, Street Improvement Bonds, Series 1949 Fund,'; t'City of Wichita Falls, Texas, Park Bonds, Series 1949 Fund"; "City of Wichita Falls, Texas, Fire Station Bonds, Series 1949 Fund". The proceeds of all taxes collected for or on account of each series of bonds shall be credited to each such fund for the redemption of said bonds at maturity and to pay the interest as it accrues thereon, and said funds shall be used for no other purpose. To create said funds, a tax on the One Hundred ($100.00) Dollars, Valuation of taxable property in the City of Wichita Falls., Texas, is hereby levied for the year 1950, for the respective issues of bonds as follows: Waterworks Bonds - - 18 Street Improvement Bonds 11�O Park Bonds 3� Fire Station Bonds - - - - - - - - - - - JZT Each year thereafter while any of said bonds or interest due thereon are un- 737 paid, and at the time other City taxes are levied during said years, there shall be computed and ascertained what rate of tax., based upon the latest approved tax rolls of said City will be necessary, requisite and sufficient to fully make, raise and produce in eacin, of said years the current interest and the required amount of the principal for such year, for each issue of bonds, or a proportionate part thereof, and a tax at such rate within the permitted rate on the One Hundred Dollars' valuation shall be levied, assessed and collected during each of said years, for each issue of bonds and said tax is hereby levied and ordered to be assessed and collected, and the taxes collected shall be applied to said purpose and to no other purpose. 34. Be it further ordained that the Mayor of said City shall be authorized to take and have charge of all necessary records pending investigation by the Attorney General and shall take and have charge and con- trol of the bonds hereinautlorized pending their approval by the Attorney General, registration by the Comptroller of Public Accounts and their actual delivery to the purchaser thereof. 35. The fact that the passage of this ordinance is necessary for the immediate preaervation of the public business and property of the City creates an emergency and an imperative C> - public necessity that the rule requiring ordinances to be read at more than one meeting be suspended 0 and that this ordinance be effective immediately from and after its passage, and it is so ordained. Alderman Parish presented for the consideration of the Board of Aldermen a Resolution. Alderman Thomas made a motion that the resolution be adopted finally. The motion was seconded by Alderman Hunter. The motion was carried by the following vote: YEAS: Aldermen Abbott., Ray.. Thomas, Brown, Parish and Hunter and Mayor Jones. NAYS: None, The resolution as adopted is as follows: RESOLUTION NO. 46 BY THE BOARD OF ALDER14EN OF THE CITY OF VICHITA FALLS,, TEXAS,, AWARDING TO THE PURCHASERS $1,,250.,000.00 WATERWORKS BONDS, SERIES 1949; $800,000.00 STREET IMPROVI�MiENT BONDS, SERIES 1949; $200,000.00 PARK BONDS, SERIES 1949, AND $100,000.00 FIRE STATION BONDS, SERIES 1949. WHEREAS, the Board of Aldermen of the City of Wichita Falls,, Texas,, has under consideration the sale of its bonds, briefly described as follows: City of Wichita Falls,, Texas., W aterworks Bondsl Series 1949, dated December 1. 1949, numbered One (1) to One Thousand Two hundred Fifty (1.,250), both inclusive., of the denomination of One Thousand ($1,000.00) Dollars each, aggregating One Million Two Hundred Fifty Thousand ( I $.L1250SO00.00) Dollars, bearing interest at the rates as follows: Bonds Nos. I to 409, both incl., 31% per annum; 2 Bonds Nos. 410 to 1250., It it 2_3/4% per annum, payable December 1, ,950., and semi-annually thereafter on June lst and December lst of each year and maturing serially throughout the years 1950 to 1974, both inclusive. CitT, of Wichita Falls, Texas, Street Improvement Bonds, Series 1949, dated December 1, 1949, numb-red One (1) to Eight Hundred (800), both inclusive., of the denomi- nation of One Thousand ($1,000.00) Dollars each, aggregating Eight Hundred Thousand ($800,000.00) Dollars, bearing inter- est at the rates as follows: Bonds Nos. 1 to 227, both incl., 3z'%per annum; Bonds Nov. 228 to 800, 11 it 2-3/4% per annum, payable December 1, 1950, and semi-annually thereafter on June lst- and December lst of each year and maturing serially 738 throughout the years 1950 to 1974, both inclusive. CD I City of Wichita Falls, Texas, Park Bonds, Series 1949,, dated December 1., 1949,, numbered One (1) to Two Hundred (200), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Two Hundred Thousand (200,000.00) Dollars, bearing interest at the rates as follows: Bonds Nos. 1 to 61, both incl., 31"' per annum; BoInds Nos. 62 to 200 2-3�� % per annum, payable December 1, 1950, and semi-annually thereafter on June lst and December lst of each year and maturing serially throughout the years 1950 to 1974, both inclusive. City of Wichita Falls, Texas, Fire Station Bonds, Series 1949, dated December 1, 1949, numbered One (1) to One Hundred (100). both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating One Hundred Thousand ($100,000.00) Dollars., bearing interest at the rates as follows: Bonds Nos. 1 to 28, both incl., 312% per annum; Bonds Nos. 29 to 100P It if 2-3/4% per annum, payable December 1., 1950., and semi-annually thereafter on June lst and December lst of each year and maturing serially throughout the years 1950 to 1974, both inclusive, and WHEREAS., after having received and considered the offer of Shields and Company, New Yorko New York, and associates, for said bonds., being par and accrued interest to date of delivery, it is considered to be to the best interest of the City that said offer be accepted; BE IT RESOLVED BY THE BOARD OF ALDERIM OF THE CITY ,OF KCHITA FALLS., T&XA3: 1. That the-offir ofS hields and Company, New York, New York, and associates,, for said bonds, being par and accrued interest to date of delivery, be and the same is hereby accepted. 2. That the Mayor, City Clerk and City Treasurer be and they are hereby ordered and directed to do any and all things necessary to complete the delivery of said bonds to said purchasers in accordance with their offer, and the receiving of the money for the benefit of the -City. Alderman Thomas presented for the consideration of the Board of Aldermen an ordinance. The ordinance was read in full by the City Clerk. ORDINANCE NO. 1509 Moved by Alderman Brown that Ordinance No. 1509 be approved and passed as read on its first reading. Motion seconded by Aldenuan Hunter and carried by the following vote: Yeas: Aldermen Abbott, Ray, Thomas., Brown., Parish and Hunter and Mayor Jones. - Nays: None. - - - - - - - - - - 739 ORDINANCE NO. 1509 Moved by Alderman Hunter that the rule requiring that ordinances be read on three separate days be and is hereby suspended, and declaring an emergencyo Motion seconded by Alderman Abbott and carried by the following vote: Yeas: Aldermen Abbott, Ray, Thomas, Brown, Parish and�hunter and May-or Jones. Nays: None. ORDINANCE NO. 1509 Moved by Alderman Abbott that Ordinance No. 1509 be approved and passed as read on its second reading. Motion seconded by Alderman Parish and carried by the following vote: Yeas: Aldermen Abbott, Ray, Thomas, Brown,, Parish and,Hunter and Mayor Jones. Nays: None. ORDINANCE NO. 1509 Moved by Alderman Brown that Urdinance No. 1509 be approved and passed as read on its third and final reading and declaring an emergency. MI otion seconded by Alderman hunter and carried by the following vote: Yeas: Aldermen Abbott, Ray2 Thomas, Brown, earish and Hunter and Mayor Jones. Nays: None. The ordinance as passed is as follows: ORDINANCE NO. 1509 BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS., TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF WICHITA FALLS., TEXAS,, SEWER REVENUE BONDS., SERIES 1949., IN THE AGGREGATE AMOUNT OF NINE HUNDRED THOUSAND ($9002000.00) DOLLARS., BEARING INTERbST AT THE RATES HEREINAFTER SET FORTH, TO SECURE FUNDS FOR THE PURPOSE OF CONSTRUCTING, REPAIRING, IMPROVING AND EXTENDING THE SANITARY SH31LRS OF SAID CITY; PRESECIBI14G THE FORM OF BOND; PLEDGING THE REVENUES OF THE CITY'S SEWER SYSTEM TO THE; PAYMENT OF THE PRINCIPAL AND INTEREST OF SAID BONDS; PROVIDING. FOR THE EXPENSE OF OPERATING SAID SYSTEM; MAKING CERTAIN COVENANTS OF THE CITY IN REFERiLNCE TO THE BONDS AND THE BOND FUND FROM WHICH SAID PRINCIPAL AND INTEREST ARE TO BE PAID; PROVIDING THAT THE' HOLDSH OR HOLDERS OF SAID BONDS SHALL NEV_k2 HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATIONS OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATIONJ$ REPEALING ALL ORDINANCES IN CONFLICT HERE- IWITH., AND DECLARING AN EMERGENCY. WHEREAS,, the Board of Aldermen of the City Of Wichita Falls, Texasp has heretofore determined that it is to the best interest of the City and of its inhabitants that it issue revenue bonds of said City for the purpose of constnuctingj, repairing, improving and extending the sanitary sewers of said City; and WHEREAS, pursuant to such determination, the Board of Aldermen of the City of Wicl-Lita Falls, adopted a resolution on November 14., 1949, calling an election on the following proposition: "Shall the Board of Aldermen of the City of Wichita Falls., Texasp be authorized to issue the bonds of said City in the amount of $900,000.00, maturing serially in such in- 740 stallments as may be fixed by the Board of Aldemen,, the maxi- mum maturity being not more than Twenty Five (25) years from their date,, bearing interest at a rate not to exceed Three and one-half (321%) per cent per amrium,, for the purpose of constructing, repairing, improving and extending the sanitary sewers of said City, to be issued in accordance with and secured in the manner provided in Articles 1111-1118, both inclusive, of the Revised Civil Statutes of Texas., 1925, as amended, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obli- oation out of funds raised or to be raised by taxation,, secur- ed by a pledge of the net revenues from the operation of said system.11 and MHEREAS, at the election held ins aid City on the 6th day of December., 1949., a majority of the resident,, qualified electors owning taxable property in said City., and who had duly rendered the same for tax- ation., voting at said election sustained the proposition to issue the bonds hereinafter described by the following vote: "FOR THE ISSUANCE OF SEWER REVENUE BONDS" 3618 Votes; "AGAINST THE ISSUANCE OF SEWER REVENUE BONDS" 1042 Votes; and WHEREAS., the City has authority., generally., to pass this ordinance authorizing the issuance of revenue bonds for the purpose of con- structing., repairing, improving and extending the sanitary sewers of said C City, under the Constitution and Statutes of the3tate of Texas, including particularly Articles 1111 to 1118, both inclusive, of the 1925 Revised Civil Statutes of Texas., as amended 0 and Chapter 163., Acts of the Regular Session of the Forty Second Legislature, as amended; and WHEREAS., it is now necessary and proper that the Board of Aldermen proceed with the issuance of such revenue bonds; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS., TEXAS: 1. That to provide funds for the purpose of constructing, repairing, improving and extending the sanitary sewers of said City., pur- suant to the Constitution and Statutes of the State of Texas, including particularly Articles 1111-1118, both inclusive, of the 1925 Revised Civil Statutes of Texas, as amended, and Chapter 163, Acts of the Regular Session of the Forty Second Legislature, of Texas, as amended, there shall be issued "City of Wichita Falls., Texas, Sewer Revenue Bonds, Series 194911., aggregating Nine Hundred Thousand ($900.,000.00) Dollars, numbered from One (1) to Nine Hundred (900) both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each. 2. That said bonds shall be dated December 1, 1949, and shall bear interest at the rates as follows: Bonds Nos. 1 to 375, both incl,., 34% per annum; Bonds Nos. 376 to goo, tt 11 -3/4% pet annum, payable June 1., 1950,, and semi-annually thereafter on December lst and June lst of each year. 3. That the principal and interest of said bonds shall be payable in lawful money of the United States upon presentation and sur- render of bond or proper coupon at The Harris Trust and Savings Bank, Chicago, Illinois, or, at the option of the holder, at the Mercantile National Bank at Dallas, Dallas, Texas,, and they shall mature as follows: 741 BONDS NU'IABERS MATURITY DATES AMOUNTS 1 to 20, both incl., December 11 1950, 20,000.00 21 to 40., December 11 1951., 202000.00 41 to 65,s December 12 1952j 25j,000,00 66 to 90., It December 10 1953, 25,9000-00 91 to 115, December 12 1954, 252000,00 116 to 145,, December 11 1955, 30,9000-00 146 to 175, December 12 1956, 30P000.00 176 to 205,, December 11 1957, 30,,000.00 2o6 to 235s. December 12 1958, 30"000.00 236 to 270., December 11 1959, 35.,000.00 271 to 305., December 10 1960, 35,000-00 306 to 340., December 1, 19612 35�,000-00 341 to 375., December 11 1962, 35,000-CC 376 to 4109 December 11 1963, 35,000-00 411 to 450.1 tt 11 December 1 P 1964, 40,000.00 451 to 490JP December 12 1965, 40.,000.00 491 to 530., December 1, 1966, 40,000.00 000.00 531 to 570P It December 11 19671 40.9 571 to 615,, December 12 19682 45s,000.00 616 to 660 December 12 1969, 45sOOO.00 661 to 705.. December 1, 1970, 45.,000.00 706 to 7502 December 1., 1971, 45.,000.00 751 to 800,, December 11 1972, 50.,000.00 801 to 850., It It December 1, 19739 50"OOO.QQ 851 to 900j, December 10 1974, 50,000,00 4. The City reserves the option of redeeming bonds numbers Four Hundred Fifty One (451) to Nine Hundred (900)., both inclusive, on December 11 1964, or on any interest payment date thereafter at a price of par and accrued interest to date fixed for redemption. Notice of such redemption is to be published in a financial publication in the City of Chicago., State of Illinois, and in the official newspaper of the City of Wichita Falls, Texas, at least once, not less than thirty (30) days before the date fixed for re- demption., and thirty (30) days notice in writing is to be given to the banks of payment before the date so fixed for redemption. If by the date fixed for redemption funds sufficient to pay the bonds called and accrued interest thereon shall be placed in one of the banks of payment to be designated in the notice, they shall not thereafter bear interest. In the event less than all of the bonds outstanding and eligible for prior redemption shall be thus called the bonds then proposed to be redeemed shall be called in the inverse order of their maturities, and if less than all outstanding bonds of a maturity are called, the bonds of such maturity shall be called by lot. 5. Each of said bonds shall be signed by the Mayor and countersigned by the City Clerk, and the corporate seal of the City of Wichita Falls shall be impressed upon each of them. The facsimile signatures of the Mayor and City Clerk may be lithographed or printed upon the coupons attached to said bonds and shall have the same effect as if they had been signed by said persons. o. That said bonds shall constitute special obligations of the City of Wichita Falls and each of said bonds shall contain the pro- vision that the holder hereof shall never have the right to demand payment of said obligation out of any funds raised or to be raised by taxation. 7. The form of said bonds shall be substantially as follows: NO. $lLqOO.00 UNITED STAT&S OF AMERICA STATE OF TEXAS COUNTY OF WIDHITA CITY OF WICHITA FALLS S94E,R REVENUE BOND SERIES 1949 The City ofNlichita Falls, in the County of Wichita, State of Texas,, a municipal corporation duly incorporated under the laws of the State of Texas, for value received, hereby acknowledged itself indebted to and promises to pay to the bearer hereof on the lst day of December, 19 the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America., with interest thereon from the date hereof at the rate of (*%) per cent per annum, payable June 1, 1950p and seiai-annually thereafter on December lst and June lst of each year. In- terest shall be payable in lawful money of the United States of America, upon 742 presentation and surrender of proper coupons as they severally' become due, both principal and interest being payable at the Harris Trust and Savings Bank, Chicago., Illinois, or, at the option of the holder, at the Kercantile National Bank at Dallas, Dallas, Texas. This bond is one of a series of bonds of like tenor and effect, except as to number, interest rate, maturity and right of prior redemption, numbered One (1) to kne Hundred (900), both inclusive, of the denonination of One Thousand ($1,000.00) Dollars each., aggregating Nine Hundred Thousand ($900,,000.00) Dollars, issued by the City of Wichita Falls, Texas,I for the purpose of constructing, repairing, improving and extending the sanitary sewers of said 'City, in accordance with the Constitution and laws of the State of Texas., and pursuant to an ordinanc� passed by the Board of Aldermen duly recorded in the minutes of said Board of Aldermen. The date of this bond in conformity with the ordinance above mentioned is December 1. 1949. '--,(The City reserves the option of redeeming this bond on Dece.-mber 1, 19642 or on any interest payment date thereafter at a price of par and accrued interest to date fixed for relemption. Notice of such re- demption is to be published in a financial- publication in the City of Chicago, state of Illinois and in the official newspaper of the City of Wichita Falls,, Texas, at least once, not less than thirty (30) days before the date fixed for redemption, and thirty (30) days notice in writing is to be given to the banks of payment before the date so fixed for redemption. If by the date fixed for redemption, funds sufi'" cient to pay this bond and accrued int&r"st thereon shall have been placed in one of the banks of payment, to be des-*Lgnated in the notice, it shall not thereafter bear interest. In the event less than all of the bonds outstanding and eligible for prior redemption shall be thus called t-he bonds then proposed to be redeemed shall be called in the inverse order of their maturities and if less than all outstanding bonds of a maturity C� are called., the bonds of such maturity shall be called by lot.) This bond and the series of which it is a part constitute special obligations of the City of Wichita Falls" Texas, payable both as to principal and interest from and secured by a first lien on and pledge of the revenues of the Sewer System, after deduction of reasonable operation and main- tenance expenses, including all salaries., labor, materials, repairs and ex- tensions necessary to render efficient serv-1ce. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. AITD IT IS HEHEBY CERTIFIED AND RECITED that the issuance of this bond and the series of which it is a part, is duly authorized by law and by a majority of the resident, qualified elector3 owning taxable p c roperty in said City, and who have duly rendered the same for taxation, voting at an election held for that purpose within s�dd City on the 6th d�y of December, 1949; that all acts,, conditions and th-ings required to exist precedent to and in the issuance of this bond to' render the same lawful and valid have been properly done., have happened and been performed in regular and due time, form and manner as required by the Conatitution' and laws of the State of Texas, the Charter of said City and the ordinance hereinabove mentioned, and that tKis series of revenue bonds does not exceed any constitutional, statutory or charter limitations., and that provision has been made for the payment of the principal and interest of this bond and the series of which it is a part by irrevocably pled6ing to the payment thereof the net revenues of said sewer system of the City of Wichita Falls. IN TESTIY40NY WHEREOF, the Board of Aldermen of the City of Wichita Falls, Texas,, has caused tile seal of said City- to be impressed hereon and this bond to be signed by the Mayor and countersigned by the City Clerk, and has caused the annexed coupons to be signed by the lithographed or printed facsimile signatures of the Mayor and City Clerk. Mayor, City of Wichita Falls., Texas CCUNTER31GNED: City Clerk, City of Wichita Falls,, Texas *kBonds Nos. 1 to 375., both incl., 3Z'% per annum; Bonds Nos. 376 to 9003, If If 2-3/4%. per annum.) *�(This paragraph should be omitted from Bonds Nos. 1 to 450J, both incl.) 742 8. The form of said coupons shall be substantially as follows: NO. ON THE 1ST DAY OF " .19 The City of Wichita Falls, Texas, out of revenues specified in the bond to which this coupon is attached, will pay to the bearer *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made)., at the Harris Trust and Savings Banks Chicagos Illinoiss or, at the option of the holder, at the Viereantile National Bank at Dallas, Dallas, Texas, the sum of ($ Dollars in lawful money of the United States of America., said sum being months' interest due that day on "City of Wichita FallsTexas, Sewer Revenue Bond, Series 194911, bearing the number hereinafter specified, dated December 11 1949p The holder hereof shall never have the right to demand payment of this obligation out of funds raised or to be raised by taxation., Bond No. City Clerk Mayor *(This parenthetical expression should be printed only in coupons maturing June 1. 1965, and subsequent). 9. The form of Comptroller's certificate, which shall be printed on the bank of each bond shall be substantially as follows: OFFICE OF COMPTROLLER STATE OF TEXAS I HEREBY CERTIFY That there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and charter of said City, and that it is a valid and binding special obligation of said City of Wichita Falls, Texas, payable from the revenues pledged to its payment by and in the ordinance authorizing same and said bond has this day been regEstered by me. WITNESS MY HAND and seal of office at Austin., Texas, Comptroller of Public Accounts of the (SEAL) State of Texas. 10. After the bonds have been executed by the City offi- cial-s as hereinabove provided, they shall be presented to the Attorney General of the State of Texas, for examination and approval. After the bonds have been approved by the Attorney General, they shall be registered by the Comptroller of Public Accounts of the State of Texas. 11. All properties of every nature now or hereafter while any of the bonds of this issue remain outstanding, owned by the City and used or useful in the operation of its sewer system, including real estate, per- sonal and intangible propertiess whether lying within or without the boundaries of the City, and including all improvements, additions and extensions which giay be made to said properties are in this ordinance referred to as the ttSystemit. The term t1net revenues" shall mean the gross revenues from the System minus the expens*es of operation and maintenance thereof., including all salaries, labor, materials., interests repairs and extensions necessary to render efficient service and every proper item of expense, including such items required by Article 1113 of the Revised Civil Statutes of 1913, as amended; and where used in this ordinance the term "operation and maintenanceft shall include all such items. The tem Bonds or "bonds"s as used herein I shall mean any of the issue of revenue bonds aggregating $900,000.00 authorized in this ordinance. 12. Said "City of Wichita Falls., Texas, Sewer Revenue Bonds"s are payable from and secured by a first lien upon and pledge of, the Net Revenues of said System. SPECIAL COVENANTS AS TO RATES AND FUNDS 13. The Board of Aldermen hereby covenants and agrees that it wil1J, at all times while any of the Bonds, or any interest thereon, are outstanding and unpaid, charge and collect for services rendered by said System rates sufficient to pay all maintenances depreciation., replacement� 743 betterment and interest charges and to provide an Interest and Sinking Fund sufficient to pay the interest and principal of the bonds as such interest and principal mature and any outstanding indebtedness against the System as is required by Article 1113., ReNised Civil Statutues of Texas, as amended. For the benefit,of the original purchaser., and for the benefit of any and all subsequent holders of said Bondss coupo*ns,, or any part thereof., and in addition to all other provisions and covenants in the laws of the State of Texas and in this ordinance, it is expressly covenanted: A. RATES: The City shall fix and maintain rates and collect charges for the facilities and services afforded by the System, which will provide revenues sufficient at all times: (1) To pay for all operating2 maintenance,, depreciation., replacement and betterment charges of the System, as required under Article 1113, Revised Statutes of Texas as amended; (2) To establish and maintain the Interest and Sinking Fund (including the Reserve Account) hereinafter defined; (3) To establish and maintain the Operating Reserve Fund (hereinafter defined); (4) To pay all outstanding indebtedness against the System other than the Bonds, as and when the same becomes due. B. 3SE OF IUWE�'NUES: The City,will deposit as collected all revenues derived from the operation of the System into a separate account (herein called the "Sewer System Fund"), which shall be kept separate and apart from all other funds of the City, The Sewer System Fund shall be administered as follows: (1) There shall be set aside monthly in a separate account in the Sewer System Fund to be known as the "Maintenance and operation ,Fundtf., such an amount as shall be found necessary to keep such fund at all times sufficient to pay the reasonable expenses of operation and maintenance of the System and such expense shall be paid out of said Fund. (2) INTER-LIST AND SINKING FUND: There is hereby created and ordered to be established in the Depository of the City a "Sewer Revenue Bond Interest and Sinking Fund". From time to time as specified in this Subsection (2),, money shall be tr,-Li-isferred froyn 11"t. Sewer System Fund., after provision shall have been made for the Maintenance and Operation Fund, to be used in paying the principal of and interest on theBonds. The following provisions shall remain effective so long as any of the Bonds shall rewain outstanding and unpaid: On or before January 10., 1950., -arid on or before the 10th day of each month thereafter while any of the Bonds are outstanding the City shall pay into said Fund an amount of money not less than one-twelfth of the next installment of principal scheduled to mature; one-si'Xth of the next semi-- annual installment of interest; plus an amount equivalent to twenty per cent of both such items, until a date when all of the following conditions exi s t: . (a) There shall have been no default in the payment of any of the bonds or interest thereon; (b) All of the payments required by this ordinance (herein- after sometimes called the "Bond Ordinance") to be made into the Interest and Sinking Fund prior to aarid on such date shall have been made; and (c) There shall have been accumulated and shall exist in such Fund an amount (herein called the "Reserve") sufficient to pay the prin- cipal and interest scheduled to mature during the next succeeding calendar .Year* After the one year Rexerve shall have been completed and so long as it remains intact, the monthly payments to Interest and Sinking, Fund may be made without the 20% margin requirement; but if at &ny time ict becomes necessary to use temporarily an.y part of such Reserve for the payment of principal or interest., any amounts thus used shall be restored by a resumption of such margined payments until tire Reserve is again intact. In order that sufficient funds will be available to pay the installment of interest maturing June 1, 1950, and the principal maturing Dece�mber 1. 1950, and to provide the 20% margined payment for the Reserve there is hereby appropriated from revenues currently accruing from the operation of the City's Sanitary Sewer system the sum of $4,700.00. On the occasion of the passage of each ordinance authoriz- ing the issuance of any additional bonds of equal dignity as hereinafter per mitted (hereinafter called "Additional Bonds") proper provision shall be made 744 therein for payments into said Fund of money sufficient to pay the installments of interest on and principal of such Additional Bonds plus the twenty (2016) per cent margin for creation of a proportionate part of the Reserve. It is the intention of this Subsection that the same provisions for meeting the semi- annual interest and maturities, as they fall due and a Reserve be created to secure the payment of any Additional Bonds which may be issued as permitted by Section 14 hereof. The monies in the Interest and Sinking Fund shall be used solely for the purpose of paying interest on and principal of the Bonds of this issue until all Bonds have been retired; provided, that, when the total amount in the Interest and Sinking Fund (including the Reserve) is equal to the aggregate principal amount of the Bonds outstanding plus all unpaid coupons thereto appertaining unmatured and matured., no further pa3rnents need to be made into the Inter-,st and Sinking Fund. Not less than 10 days prior to each interest and principal payment date it shall be the duty of the City to withdraw from the Interest and Sinking Fund primarily., but, if necessary from any other Fund (except the Maintenance and Operation Fund) established in this Section 13, moneys sufficient to pay the interest and the instalLment of principal, and to forward such money to the said banks df payment. At the same time the Cit-y shall remit to said banks of payment, out of the Sewer System Fund, an amount suffi- cient to pay the charges made by such banks for making such disbursements for payment of principal and interest. (3) The moneys paid into the Interest and Sinking Fund shall be continuously secured by a valid pledge of direct obligations of, or obligations unconditionally guaranteed by the United States of America, having a par value or market value when less than par.. exclusive of accrued interest, at all times at least equal to the money deposited in the Interest and Sinking Fund. The Reserve, at the option of the City, may be invested in direct obligations, of, or unconditionally guaranteed by, the United States of America, and deposited in escrow under an escrow agreement, or deposited in the trust department of the depository. If such money is so invested and the bonds deposited in escrow or in the trust department of the depository., theCity shall have the ri6ht to have sold throu,�-�h the escrow agent or through the trust department of such depository on the open market a sufficient amount of said securities in order to meet its obligations of principal and interest in event it does not have sufficient funds uninvested on hand for such purpose. Under such circumstances, the Mayor is hereby authorized, ordered and directed to give written notice to such escrow agent or such depository bank of the necessity to sell said securities on the open market. After such sale, the monies resulting therefrom shall belong to the Interest and Sinking Fund and shall be available to pay such obligation of principal or interest or both principal and interest, In the event the Reserve is depleted in instances as provided in the last preceding paragraph, it shall be the duty of the City to restore such monies by resuming the monthly deposit of funds margined by 20% in excess of actual requirements as hereinabove in this section provided. (4) OPSHATING RESERVE FUND. The "Operating Reserve Fund" is hereby created. Except as hereinafter provided in this Subsection (4) money in such Fund shall be used only for extensions and replacements of and improvements to the City's Sewer System, such as are not ordinarily consider- ed as maintenance and operation expenditures, Payments into such Fund shall be made and the money in the Fund may be used in the following manner: (a) At all times money in such Fund which shall not be committed actually under construction contracts, shall remain available and shall be used by the City to prevent or relieve any default in the payment of the principal of or interest on the Bonds; (b) At any time when the Fund contains not less than $25,000.00 not committed under construction contracts, any money in excess thereof .L., maj% ,, within the discretion of the Board of Aldermen, be withdrawn for the purpose and used for the purpose of redeeming Bonds- prior to their maturity in accordance with the redemption provisions contained in this ordinance and in the Bonds; (c) There is hereby created and ordered to be established in the Depository of the City a Fund to be known as the ItOperating Reserve Fund.'? On or before the 10th day of each month after the required monthly payments have been made to the Interest and Sinking Fund,, including the 20/10 margined for Reserve, there shall be placed in the Operating Reserve Fund out of the funds remaining in the Sewer System Fund such monies as will in approxi- 745 mately equal monthly installments acculnulate in said said operating Reserve Fund within the two fiscal years next succeeding the date of this ordinance a sum at least equal to one half of the total operating and maintenance expenses for the previous fiscal year. It is tile intention of this provision that so -ional Bonds are outstanding there shall long as any of the Bonds or Addit always be on deposit in said Operating Reserve Fund a sum equal to not less than one half of the preceding yearls operating and maintenance costs. The deposits into this Fund shall be subordinate to those required to be made into the Interest and Sinking Fund. Whenever any money is paid out or when for any reason said operating Reserve Fund shall be depleted., payments into said Fund shall be resumed and continued until such time as the minimum amount te-quired to be in such Fund has been fully restored. (5) When the City is not in default in any of its obli- gations under said ordinance, and after the Reserve hereinabove prescribed shall have been completed and is intact, and when there shall be in the Operating Reserve Fund a sum of money not less than one half of the previous year operating and maintenance expenses, nothing in this ordinance shall pro- hibit the City from utilizing monies in the Sewer System Fund in excess of all such requirements within the discretion of the Board of Aldermen for any city purpose permitted by law. (6) If in any fiscal year the City shall, for amy reason,, fail to pay into the Interest and Sinking Fund, including the Reserve, and the Operating Reserve Fund the full amoants above stipulated, moneys equivalent to such deficiencies shall be paid into said Funds from the first available and unallocated revenues of the next fiscal year or years., and such payments shall be in addition to the amounts hereinabove required to be paid into said Funds during such fiscal year or years. 14. General Covenants: The City covenants with the holders of the Bonds so long as any of the Bohds are outstanding: (1) The City shall not issue any other Sewer Revenue Bonds'. secured by a pledge either superior to or on a parity with the pledge securing the bonds of this issue (hereinafter called "Additional Bonds") payable from the revenues of the System, while any of the Bonds of this issue are outstand- ing except under the following condit-Lons: (a) That such bonds shall be authorized by the qualified electors of the City at an election held for that purpose; and (b) That the Net Revenues of the System for each of the two completed fiscal years next preceding the date when it is proposed to issue such Additional Bonds have been an amount not less than 1-3/4 times the highest aggregate of annual principal and interest reqlirements of the Bonds of this issue and such Additional Bonds; and also when the annual New Revenues antici- pated to be received Lhrpughott the term of the Bonds and such additional Bonds shall be an amount not less than 1-3/4 times the highest aggregate of annual principal and interest requirements of the Bonds of this issue and such Additional Bonds; (c) The proceeds of such Additional Bonds shall be used solely for the making of renewals, replacements, improvements, betterments and extensions of the Sewer System which are determined by the Board of Aldermen to be necessary and economically feasible; M The Citr shall not at the time of the issuance of such Additional Bonds be in default of any of the provisions,, requirements or covenants of this ordinance. (e) That the principal of the Additional Bonds shall mature on December 1 of each of the years in which they are scheduled to mature and that the semi-annual installments of interest shall mature on.June land December 1 of each such years. Addition,�l Bonds issued under such conditions shall be secured by a pledge of revenues on a parity with the pledge securing the issue of bonds authorized by this ordinance. (2) INSLHANCE: That so long as any of the Bonds are out- standing the City will maintain insurance on the insurable property of the System in amounts and against hazards substantially in accordance with the practice of pu`blic c.orporat-Jons which own and maintain sewer systems similarly encumbered, 746 (3) ACCOUNTS AND PERIODIC STATE�MT: The City will in- stall and maintain a complete system of records and accounts pertaining to the System in the manner provided by Article 1113 of the Revised Civil Statutes of 1925 as amended by Chapter 139 Acts of the Regular Session of the Forty Eighth Legislature. The City shall cause an audit of the records pertaining to the System to be made each year by an independent auditor, and a copy of such audit together u-ith a copy of the latest available operating and income statements shall be furnished to John Nuveen and Company, 135 La Salle Street, Chicago., Illinois, and to any holder of any of the Bonds, at the written re- quest of such holder. (4) That money in the Sewer System Fund shall be secured in the manner prescribed by the applicable laws of the State of Texas. (5) Inspection: Any holder or holders of 25 per centum in aggregate principal amount of theBonds at the time then outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relatin,, thereto, (6) That nothing in this ordinance shall require the City to make any expenditure except from money in the Sewer System Fund, but nothing herein shall prohibit the City from dolng so; (7) That (except under conditions set forth in Subsection (1) of this Section 14) the City will not suffer any indebtedness on a parity with or superior to the bonds other than the Bonds of this issue to accrue against the System, but that if the System should become liable for any other indebtedness the Board of Alder-aen will fix and maintain rates and collect charges for the services afforded by the System sufficient to discharge any such indebtedness. (8) That no free service of the System shall be allowed., and should the City or any of its agencies or instnmientalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds other than the revenues of the System. (9) That Revenue Bonds authorized hereunder shall be spe- cial obligations of the City, and the holder thereof shall never have the right to demand payment thereof out of funds raised or to be raised by tax- ation. (10) That it has the lawful power to pledge the revenues supporting this issue of Bonds and has lawfully exercised said power under , the Constitution and laws of the State of Texas, and the Charter of this City, including said power existing under Articles 1111 to 1118, both in- clusivej, Revised Civil Statutes of the State of Texas, with amendments theretos Chapter 163, Acts of the Regular Session of the Forty Second Legis- lature and Chapt-.r 249, Acts of the Regular Session of the Fifty First Legislature; that the Bonds of this issue shall be ratably secured under said pledge of income, in such manner that one Bond shall have no preferences over the other bonds of said issue. (11) That other than for the payment of the bonds herein provided for, the rents., revenues and income of the said System have not in any manner been pledged to the payment of any debt or obligation of the City or of said System, (12) Covenant to Operate. That the City will maintain and operate the System with all practicable efficiency while any of the bonds of this issue or Additional Bonds remain outstanding and unpaid and that it will faithfully and punctually perform all duties with reference to the System re- quired by the Constitution and laws of the State of Texas, and this ordinance, including the malfing and collecting of reasonable and sufficient rates for services rendered by the System and the segregation and the application of the revenues of the System as required by the provisiDns of this ordinance. (13) Retention 2f_gXstem. The City hereb,,, covenants that it will not sell, lease, or in any manner dispose of the System or any sub- stantial part thereof so long as any of the bonds of this issue are outstand- ing and unpaid; provided that this covenant shall not be construed to prevent the disposal by the City of property whiclx in its judgment has become useless or whose use would be uneconomical in connection with the System. (14) Competing System. That so far as it legally may the City covenants and agrees for the protection and security of the Bonds of this issue or Additional Bonds that it will not grant a franchise for ,the operation of any competing sewer system so long as any of the bonds are out- standing and unpaid. 747 (15) That the City will cause to be rendered monthly to each customer receiving water and sanitary sewer service a single statement, and will not accept payment for one service without payment for the other service, and will use its powers under existing ordinances and under all such ordinances to become effective in the future to enforce payment to withhold service from delinquent cuctomers and to enforce authorized reconnection charges; further that the City will endorce all applicable ordinances under which it may require the owners of property to connect with and use sanitary sewer service where such service is available to serve such properties. 15. The City Manager and City Auditor are hereby in- structed and directed to do any and all things necessary or convenient in reference to the installing and maintaininE, of a complete system of records and accounts pertaining to said System and to make the monies available for the payment of the Bonds in the manrer provided by Article 1-113 of the Revised Civil Statutes as amended. 16. It shall be the d4ty of the Mayor (or attorneys acting for the City) to submit the record of said bonds and the Bonds to the Attorney General of the State of Texas for approval and thereafter to have the Bonds registered by the Comptroller of the State of Texas. 17. The revenue bonds when properly executed by the City Officials, approved by the Attorney General and registered by the Comptroller of Public Accounts of the State of Texas., shaU be held by the Mayor of the City until delivered to the proper purchaser or purchasers thereof. The Mayor,, City Auditor and City Clerk, and City Treasurer are authorized and directed to do any and all things necessary or convenient to effect delivery thereof to purchaser. 18, The sale of theBonds to John Nuveen and Company,, Chicago., Illinois., and associates at a price of par and accured interest to date of delivery., plus a premium of $2,131-39, is hereby ratified and confirmed. 19. All ordinances and resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict hert'-with. 20. The fact that the City of Wichita Falls is in great need of funds for the improvement, extension,, enlargement and repair of its Sanitary Sewer System, creates an urgency and an emergency, for the immediate preservation of public health., peace and safety and re-uires that this ordinance shall take effect immediately upon and after its passage, and it is accordingly so ordained. - - - - - - - - - - Iloved 1by Aldeimaji Parish t, at ", a 3oand of A'! an approve the I � Li L­1 - III Amended Contract by and between John Nuveen & Co. and Associates and the City of Wiebita Falls, as �ereinafter set forth; further to authorize and empower Mayor Hai-old Jones to execute the said Amended Contract for and on behalf of the City of Wichita Falls, Motion .9econded by Alderman Ray and carried. Wichita Falls ,, Texas To the �Ionorable Mayor and Board of Aldem.en December 14-1., 1949 City of Wichita Falls WichitaFalls., Texas Gentlemen: Supplementing our contract with your city dated November 7, 1949, with reference to the purchase by the undersigned of your $900,000.00 Sewer Revenue Bonds, we wish to comply -with the terms and conditions of the bidding and with particular reference to Paragraph 3 that states: "The basis for adjustment of the interest rates named shall be the Dow-Jones Index of Municipal Bond Averages as pub- lished weekly in the 11all Street Journal, and the final weighted average interest rate after giving effect to im- provement in the municipal bond market, if any, shall be arrived at by deducting from the average rates as named in the Successful bid or bids, a percentage eauivalent to the difference between published Dow-Jones averages current for the week endinE November 7, 1949, and the published Dow' -Jones average current for the week in which the ordinances author- izing the issuance of the several issues of bonds shall be passed.11 748 The Dow-Jones averages as published by -111-heWall Street Journal dated December 1w, 1949 are 2.09%. In accordance, we, therefore, wish to establish interest rates for the $900,000 Wichita Falls,, Texas Sewer Revenue Bonds as follows: For bonds maturing 1950 to 1962 inclusive to bear interest at the rate of 314% from date. For bonds maturing 1963 to 1974 inclusive to bear interest at the rate of 2-3/4% from date. It is agreed and understood that we will pay par and accrued interest from date to date of delivery for the bonds as above described and., in addition thereto ,, a premium of $2.,'31-39. The above combination of interest rates plus the premium., as above stated, the City of Wichita Falls will receive the adjusted weighted average inte�est rate of 2.8419%. Respectfully submitted, JOHN NUVEEN & Co. B. J. VAN !NGEN & CO.) INC. A14D ASSOCIATES - - - - - - - - - - Alderman Ray presented for the consideration of the Board of Aldermen an ordinance. The Ordinance was read in full by the City Clerk, - - - - - - - - - - ORDINANCE NO. 1510 Moved by Alderman Ray that Ordinance No. 1510 be approved and passed as read on its first reading. vote: Motion seconded by Alderman Hunter and carried by t.he following YEA3: Aldermen Abbott., Ray., Thomas., Brown, Parish and Hunter and Mayor Jones. NAYS: None. - - - - - - - - - - ORDINANCE NO. 1510 Moved by Aldei-man Parish that the rule requiring that ordinances be read on three separate days be and is hereby suspended, and declaring an emergency, Motion seconded by Alderman Thomas and carried by the following vote: YEAS: Aldermen Abbott., Ray, Thomas,, Brown, Parish and Hunter and Mayor Jones. NAYS; None. ORDINANCE NO. 1510 Moved by Alderman Ray that Ordinance No. 1510 be approved and passed as read on its secnd reading. Motion seconded by Aldennan Hunter and carried by the following vote: YEAS: Aldermen Abbott., Ray,, Thomas, Brown, -Parish and Hunter and Mayor Jones. NAY3: None, - - - - - - - - - - ORDINANCE NO-.1510 749 Moved by Aldei-man Brown that Ordinance No. 1510 be approved and passed as read on its third and final reading., and declaring an emergency. Motion seconded by Aldeman Parish and carried by the following vote: YEAS: Aldermen Abbott,, Ray., Thomas., Brown., Parish and Hunter and Mayor Jones. NAYS: None. The ordinance as passed is as follows: ORDINANCE NO. 1510 FIXING THE SEWER RATES FOR THE CITY OF �,,TICHITA FALLS, TEXAS, AND ORDAINING OTHER MATTERS RELATIVE TO RENDERING SEWER 31ffiVICE, Tb.XAS: BE IT ORDAINED BY THE BOARD OF ALDEiDTIEN OF THE CITY OF 7,11CHITA FALLS, 1. That the sewer rates to be charged and collected by the City of Wichita Falls., Texas., from all customers obtaining service from said Sewer System of said City shall be and are hereby fixed as set forth below. A. For domestic users comprising one family residences., two family residences,, three family residences, 10oarding houses and rooming houses, that the charges paid by these users of the sewer service furnished by the City Municipal Sewer System shall be 25 percent of the average water bill for the months of November through April inclusive,, with a minimum charge of fifty cents per month. B. For all apartment houses, hotels, tourist courts, commercial businesses, creameries and laundries, the monthly charge to be paid by these users of the sewer service furnished by the `Iunicipal Sewer System shall be 25 per- cent of the users' monthly water bill, when such water bill does not exceed $10.00. When the users monthly water bill is in excess of $10.00, but does not exceed W.CO, a charge of 25 percent shall be made on the first $10.00 and a charge of 20 percent for all in excess of $10-00 up to $30-00. Where the users monthly water bill is in excess of $30.00 and does not exceed $60.00, a charge of 25 percent shall be made on the first $10.00, a charge of 20 percent on the next $20.00 and a charge of 15 percent for all in ex- cess of $30.00 up to $60,C0. Where the users monthly water bill is in ex- cess of $60.00, a charge of 25 percent shall be made for the first $10.CO, a charge of 20 percent shall be made for all in excess of $10.00 up to $30-00, a charge of 15 percent shall be made for all in excess of $30-CO up to $60.CC, and a charge of 10 percent shall be made for all over $60.00. C. For industrial users such as Railroads, ice companies, bottling works, refineries, flour mills and similar users, the monthly charge to be paid by these users shall be as follows: A charge of 20 percent of the users month- ly water bill shall be made where h water bill does not exceed $10.00. - Where the users monthly water bill is in excess of $10.00, but does not ex- ceed $30.00, a charge of 20 percent shall be made on the first $10.00 and. a charge of 15 percent on any amount in excess of $10-00 up to $30-00. Where the users monthly water bill is in excess of $30.00 but does not ex- ceed $60.00, a charge of 20 percent shall be made on the first $10.00., a charge of 15 percent for all in excess of $10.00 up to $30-00, a charge of 10 percent shall be made for all in excess of $30-00 up to $60.00. Where the users water bill is in excess of $60.00, a charge of 20 percent shall. be made for the first $10.00, a charge of 15 percent shall be made for the nvxt $20.00, a charge of 10 percent shall be made for the next $30.00,, and a charge of 5 percent shall be made for all in excess of $60.00. D. For all charitable institutions a monthly charge to be paid by these users of the sewer service furnished by the hunicipal Sewer System shall be as follows: 20 percent of the average water bill for the months of November through April inclusive, with a minimum charge of fifty cents per month. 2. That all bills for service rendered by said Sewer System shall be paid monthly within ten (10) days after the billing date., and unless paid within thirty (30) days after the billing date service shall be dis- continued. In the event of discoitinuanceeof service an additional sum of $1.00 shall be charged for re-connection to the System. Statements for water and sewer service shall be rendered under one bill and payment for one service will not be accepted unless payment is made concurrently for the other service. 750 3. The house connection from the City lateral shall be installed at the expense of the connector in accordance with the re6ulat'-ons of and sub- ject to the inspection of the City. 4. The fact that the City of Wics-,ita, Falls is in great need of f,unds for the improvement, extension, enlargement and repair of its Sanitary Sewer System., and it is necessary that rates, fees and charges be fixed to pay revenue bonds of the City issued to provide such improvements, creates an urgency and an emer-ency for the imm.ediate preservation of public health., peace and safety and requires that this ordinance shall take effect immediately upon and after its passage., and it is accordingly so ordained. - - - - - - - - - - RESOLUTION NO. 47 A RESOLUTION TENDERING A FEE SIMPLE TITLE TO LAND NOW OCCUPIED BY SHEPPARD AIR FORCE BASE AND OWNED BY THE CITY OF WICHITA FALLS TO THE AIR FORCE OF THE UNITED STATES. iTHEREAS, the citizenship of the City of Wichita Falls is greatly indebted to the Air Force of the United States for the establishment and maintenance of Sheppard Air Force Base, and; ,VHEREA3., the City of Wichita Falls owns the land upon which the Base is loca- ted., and; WHEFEAS 2 the citizens of the city desire Sheppard Air Force Base to be desig- nated a permanent Base- NOW, THEREFOHE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ITICHITA FALLS, TEXAS: That the Air Force of the United States be tendered a fee simple title by a general warranty deed to said land containing about 400 acres, being all the land owned by the city of Wicihita Falls now occupied by Sheppard Air Force Base. Passed and approved by the Board of Aldermen of the City of Wichita Falls., Texas, on the 12th day of December -1949, upon motion of Aldermaa Thomas seconded by Alderman Abbott, by the following vote: YEAS: Aldermen Abbott. Thomas., -Parish., Ray, Brown and Hunter. NAYS' None. - - - - - - - - - - Moved by Aldeman Brown that the Tax Statement presented by the Wichita County Water Improvement District covering certafin tracts of land in the vicinity of the Secondary Water Reservoir in Denton County School Lands, situated in Wichita County, covering years 1947, 1948 and 1949, be deferred for more definite information. Motion, sec.onded by Alden-,an Thomas and carried. - - - - - - - - - - The Minutes of the regular meeting held November 28" 1949, were read and approved as read; likewise the Minutes of the called meeting held December 9., 1949., were read and approved as read. Moved by Alderman Thomas that the meeting be adjourned. Motion sec ond ed by Alderman Abbott and carried. The Board of Aldermen then adjournedz7 ZZ, READ AND APPROVED this the day of Mayor ATTI 7 ic ft y C e'-K 7