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901
169
At a meetingof the Board of Alderman of the City of Anna, in
:regular session at the City Office, in said City of Anna, on the 18th day
Febvuary 1941, there being present the Mayor and each alderman, the
following proceedings were had:
Mr. S.L. Smith Alderman called the :kka at-ention to the need
of the City of Anna for additional Water Works equipment and the necessity
of purchasing a new Deep well pump, for the purpose ofkeeping sufficient
_water pumped into the water system for the City's use, and there upon
offered the following ordinance:
"AN ORDINANCE AUTHORIZING THE ISSUANCE OF A WARRENT IN THE
AMOUNT OF THREE HUNDRED DOLLARS BEARING INTEREST AT THE RATE OF 5% PER
ANNUMIN PAYMENT OF THE CITY OF ANNSIS PART OF THE PURCHASE PRICE OF ONE
PEERLESS HIGH LIFT PUihP AND MOTOR TO BE USED TO PUMP WATER FROM THE CITY
WATER WELL INTO THE CITY MAINS;PROVIDING FOR A LEVY OF A TAX OF TWENTY
FIVE CENTS ON EACH ONEHUNDRED DOLLAR VALUATION OF TAXABLE PROPERTY IN SAID
CITY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST ON SAID WARRENTS AND
DECLARING AN EMERGENCY."
Where as the city of It na is in need of additional Water works
equipment.and a pump id needed to pump water for the use and �-.rotection of
of the city property, and it is to be the best interest of the said city
to purchase a pump comn'only known as a Peerless High Lift Pump:
THERE FOPY, BE IT ORD�,INED BY THE CITY COUNCIL OF THE CITY OF ANNA
that the mayor of said city of -"nna, be , and is here by authorised -
empoured and directed to execute and deliver las warrents of the City of tna
described as follows to the First National Bank of `rna Texas for the
part purchase price of one HighLift pump to be used by the City of Anna
V,ater,Viorks, said warrents to eb as follows: Two warennts dated the First
day of..March1941 and due and payable to First National Flank or bearer, and
bearing interest from date at the rate of five percent per annum Pnd due
and payable as follows:
Warrent # 1 Due March 1, 1942 for 150.00
Warrent #2 Due b'arch 1, 1943 for 1 150.00
Said warrents amount to tle total sum of three hundred dollars, said warret
shall bear interest at the rate of five percent per annum from date
.,untill fully paid, Interest payable of March 1,1942 and and on March 1,
ileDch year there after as long as any of said warrents are outstanding and
unpaid which interest is a part of the contract price to be paid for said
pump, Principal and interest shall be payable at the First National Bank
at hnna, Texas. Sain warrents shall be signed by the Mayor and counter
signed by the secretar$r and registered by the TreaaVer and the seal of
the "ity shall be impressed uppn each of teem.
By ante of five yes and no neys the above ordinance passed
and is here by recorded into the record of the city of Anna.
'a-�41
ORDINANCE NO.
AN ORDINANCE -WHEREBY THE CITY OF_ -___ ___--___________,_- TEXAS, AND
THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE
COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES,
ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION
AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER
ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES
IN SAID 'CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY
SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACIL-
ITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:
WHEREAS, the Southwestern Bell Telephone Company, here-
inafter referred to as the "Telephone Company", is now and has
been engaged in the telephone business in the State of Texas,
and in furtherance thereof, has erected and maintained certain
items of its plant construction in the city of_______ --------------------------
Texas,
________ ________ ______Texas, hereinafter referred to as the "City", for many years pur-
suant to ,such rights as have been granted it by and under the
laws of the State of Texas, and subject to the exercise of such
reasonable rights of regulation under the police power as have
been also lawfully granted by and under said laws to said City;
and
WHEREAS, it is to the mutual advantage of both the City
and the Telephone Company that an agreement should be entered
into between the TelephoneCompany'and the City establishing
the conditions under which the Telephone Company shall operate
in the 'City.
NOW, THEREFORE, BE IT ORDAINED BY THE _°____ _---------
---------------------------- O
__ -_--_- --------------- ---------OF THE CITY OF--- -- - - - - ------------- THAT
SECTION 1 CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE.',
The poles, wires, anchors, cables, manholes, conduits and other
plant construction and appurtenances, used in or incident to the
giving of telephone service and to the maintenance of a telephone
business and system by the Telephone Company ;in- the _City, :shall
'
remain as now constructed, subject to such changes as under the
limitations and conditions herein prescribed may be considered
"necessary by the City in the exercise of its lawful .powers and
'by the Telephone Company in the exercise of its business of fur-
nishing telephone service; and the Telephone Company shall con-
tinue to exercise its right to place, remove, construct and
reconstruct, extend and maintain its said plant and appurtenances
as the business and purposes for which it is or may be incorpo-
1
rated may from time to time require along, across, on, over,
through, above, and under all the publicstreets,' avenues,
alleys and public grounds and places within the present limits
of the City and within said limits.as the same from time ;to time
may be extended, subject to the regulations, limitations and
conditions herein prescribed.
SECTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT.
All poles to be placed shall be of sound material and reasonably
straight, ;and shall be so set that they will not' interfere with
the flow of water in any gutter or drain; and so that the same
will interfere as little as practicable with the ordinary.travel,
on the street or sidewalk. The location and route of all poles`,
stubs, guys, anchors, conduits and cables to be placed and con-
structed by the Telephone Company in the construction and main-
tenance of its telephone system', in the City, and the location
of all conduits to be laid by the Telephone Company within
the limits of the City under this ordinance, shall be subject
to the reasonable ad proper regulation, control and direction
of the City----- ------- e ---------------------------------or of any City official to
whom such duties have been or may be delegated.
SECTION 3 - STREETS TO BE RESTORED TO GOOD CONDITION.
The surface of any street, alley, highway, or public place dis-
turbed by the Telephone Company: in building, constructing, renew-
ing or maintaining its telephone plant and system shall be restored
within a reasonable time after the completion of the work to as
good a condition as before the commencement, of tie work and main-
tained to the satisfaction of ,the .City____-- - -
or of any City official to whom such duties have been or may be
delegated, for one year from the date the surface of said istreet,
alley, highway, or public place is broken for such construc-
tion or maintenance work, after which time responsibility for -
the maintenance shall become the duty of the City. No street,
alley, highway or public place shall be encumbered for a longer
period than shall be necessary to execute the work.
SECTION 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT.
The Telephone Company shall maintain its system in reasonable
operating condition at all normal times during the continuance
of this agreement. An exception to this condition is auto-
matically in effect when service furnished by the Telephone
Company is interrupted, impaired, or prevented by fires, strikes,
riots, or other occurrences beyond the control of the Telephone
Company, or by storms, floods or other casualties, in any of
which events the Telephone Company shall do all things`, reasonably
within its power, to do, to restore normal service.
2
SECTION 5 - TEMPORARY REMOVAL OF WIRES.
The Telephone Company on the request of any person shall remove
or raise or lower its wires temporarily to permit the moving of
houses or other bulky structures. The expense of such temporary
removal, raising or lowering of'wires shall be paid by the bene-
fited party or parties, and the Telephone Company may require
such payment in advance® The Telephone Company shall be gi-ven
not less than forty-eight hours advance notice to arrange for
such temporary wire changes.
SECTION 6 - TREE TRIMMING.
The right, license, privilege and permission is hereby granted'
to the Telephone Company, its successors and assigns, to tram
trees uponandoverhanging the streets, alleys, sidewalks and
public places of the City, so as to prevent the branches of
such trees from coming in contact with the wires or cables
of the Telephone Company, and when so ordered by the City,
said trimming shall be ;done under the supervision and direc-
tion of the _ 1 _--- ,--_ or of any City official
to whom said duties have been or may be delegated.
SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID
BY THE TELEPHONE COMPANY.
To indemnify the City for any and all possible damages to its
streets, alleys, and public grounds which may result from the
placing and maintenance therein or thereon of the Telephone
Company's poles, conduits, or ether telephone equipment or
apparatus, and to compensate the City for its superintendence
of this agreement, and as the cash consideration for the same,
the Telephone Company agrees to pay to the City annually during
the continuance of the agreement -a sum of money equal to --- _rn-
per cent (_2`__%) of the annual gross 'receipts for the preceding
year received by the Company 'from the rendition of local exchange
telephone transmission service within the corporatelimits of the
City. The first payment hereunder shall be made 3 ,
142, and shall equal in amount W per cent (_ %) of the
gross receipts received from _-- , ° 4__ , to
Dee -ember 33-:__----_, 1941------ ; and thereafter payment shall be made
annually on-------- -_-.3 -------------------- as herein provided®
SECTION 8 - PAYMENT OF CASH CONSIDERATION TO BE IN LIEU
OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL
OR SPECIAL AD VALOREM TAXES.
The City agrees that the consideration set forth in the pieced®
ing section hereof, shall be paid and received in lieu of any
tax, license, charge, fee, street or alley rental or other
character of charge for use'and occupancy of the streets,_ alleys
and public places of the City; in lieu of any pole tax or inspec-
tion fee tax; in lieu of any easement or franchise _tax, whether
3
levied as an ad valorem, special or other character of tax; and in
lieu of any imposition other, than the usual general or special
ad valorem taxes now or hereafter levied. Should the City not
have the legal power to agree that the payment of the foregoing
cash consideration shall be in lieu of the taxes, licenses,
charges, fees, rentals, and easement or franchise taxes aforesaid,
then the City agrees that it will apply so much of said payment
as may be necessary to the satisfaction of the Telephone Company's
obligations, if any, to pay any ;such taxes, licenses, charges,
fees,- rentals, and easement or franchise taxes.
SECTION 9 - FACILITIES TO BE FURNISHED CITY AS ADDITIONAL
CONSIDERATION.
In addition to the consideration set forth in Section 7, the
Telephone Company shall hold itself ready to furnish, subject
to the use of the City, such wire space as may be required from
time to time by the City upon the poles now owned or hereafter
erected by the Telephone Company in the City for the use of the
City's police and fire alarm system; provided that the required'
wire space shall not exceed the wire capacity of one cross arm on.
any one pole. The location on the poles of this fire and police
:vire space shall be determined on specific applications for space,
at the time the applications are received from the City, and will
be allotted in accordance with the considerations for electrical
construction of the United States Department of Commerce,.Bureau
of Standards. In its wire construction on the Telephone Company's
poles, the City will follow the suggestions and requirements laid
down for wire construction in the Rules and Regulations of the
Bureau of Standards of the United States Department of Commerce.
Where conduits are laid or are constructed by the Telephone Com-
pany, said company shall hold itself ready to furnish sufficient
duct space not to exceed capacity of one duct for use by the City
in carrying its police and fire alarm wires All such wires,
whether on poles or in conduits shall be constructed, maintained
and operated in such manner as not to interfere with nor create
undue hazard in the operation of the telephone system of the Tele-
phone Company. It is further agreed that the Telephone Company
shall not be responsible to any party or parties whatsoever for any
claims, demands, losses, suits, judgments for damages or injuries
to persons or property by reason of the construction, maintenances
inspection or use of the police and fire alarm wires belonging to
the City, and the City shall insure, indemnify and hold the Tele-
phone Company harmless against all such claims, losses, demands,
suits and judgments.
SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN
DUCTS NOT HERE AFFECTED.
Nothing in this ordinance contained shall be construed to require
or permit any electric light or power wire attachments by the
City or for the City, nor to require or permit any electric
light or power wires to be placed in any duct used by the
City in the Telephone Company's conduits. If light or power
4
attachments are•desired by the City or for the City, or if
the City desires to place electric light or power wires in
any duct used by the City, then a further separate non -
contingent agreement shall be a prerequisite to such attach-
ments or such use of any duct used by the City.. Nothing
herein contained shall obligate or restrict the Telephone
Company in exercising its right voluntarily to enter into pole
attachment, pole usage, joint ownership, and other wire space
and facilities agreements with light and power.companies and
with other wire using companies which may be privileged to
operate within the City.
SECTION 11 - PERIOD OF TIME OF THIS ORDINANCE - TERMINATION.
This agreement shall be in force and effect for a full term and
period of ----- ----------------(2Q---) years from and after its effec-
tive date hereinafter provided.
SECTION 12 =- NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE.
Nothing herein contained shall be construed as giving to the
Telephone Company any exclusive privilege.
SECTION 13 —SUCCESSORS AND ASSIGNS.
The rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties here-
to and upon their respective successors and assigns.
SECTION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS.
If any section, sentence, clause or phrase of this ordinance is
for any reason held to be illegal, ultra vires or unconstitu-
tional, such invalidity shall not affect the validity of the
remaining portions of this -ordinance. All ordinances and agree-
ments and parts of ordinances and agreements in conflict here-
with are hereby repealed.
SECTION 15 - ACCEPTANCE OF AGREEMENT.
The Telephone Company shall have sixty (60) days from and after
the passage and approval of this ordinance to file its written
acceptance thereof with the City Secretary, and upon such ac-
ceptance being filed, this ordinance shall take effect and be in
force from and after the date of its passage and approval by the
Mayor and shall effectuate and make binding the agreement pro-
vided by the terms hereof.
Passed and Approved this_o301_�___day�----------- -----. ___-_ _-- ._- -- ----- , A. D. 194E
- --
---------------
ayor
Attest:
Lil - - --
--------------- ------------------
ity Secret ry.
5
C� �..
r
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ANNA
I�tlU z City Secretary of the City of
Anna, Texas' do kiAreby cern that the above and foregoing is
a true and correct copy of Ordinance No. , which was
passed by the City Commission of the City of Anna, on 10/3Gl�fi
and correctly enrolled in Ordinance Book ( of the
Ordinance Records of the City of Anna, Texas
Witness my hand and the seal of the City of Anna,
Texas, this the •
City Se6ra 'ary.
ACCEPTANCE
VMTiSAS, the City Council of the City of Anna, Texas,
did on the 30th day of October, 1941, enact = ordinance
entitleds
"AN ORDINANCE -W-MIMIBY THD` CITY 02 ANNA, TEXAS, AND THE
S0U`L'HWDSM"Rff BELL TEIZAPHOM CO 'ANY AGFM THAT TBE M]LLPHONE
COMPANY SHALL CONTIME TO ElUIXT AM MAINTAIN ITS TOMS, IMS,
ANZORSS GABI�Sj M-ITIO IZZ9 COIMUITS, AND OTHER PLANT CON-
STRUCTION AID APPURTENANT St ALONG, ACROSS, ON, OVER, THRGUGFI�
Al OVi AIM UNDBIR ALL PUBLIC STREZTSs AVENUES, AL=1YSj PUBLIC
GROU1,TDS AND PLACES IN SAID CITY, UIMER REGULATIONS AND M—
STRICTIOUS AND THAT THE CITY SHALL M(EIVE AN A.MLMAL PAY NT
AND TM` RIGHT TO US-',,' CERTAIN FACILITIES OF r..'IE TZIEPMM, COM-
PANY, ALL AS MRZIN
and
7iWIZEAS, said ordinance was on the 30th day of October,,
1941, dulyapprovedby the Mayor of said City and the seal
of said City was thereto affixed and attested by the City
Secretary:
ITO`*� TBLRB'1?0RhV, , in compliance with the terms of said
I 1 9
ordinance as enacted, approved and attested., the Southwestern
Bell Telephone Company hereby accepts said ordinance and
files this its written acceptance with the City Secretary of
the City of Anna, Texas, in his office.
C/�11�7 6f
Dated this 26th day of November 1941..
AjPROVEt AS TO F:OR[v;
-4��5ENAFRALA�TAO ATTORNEY FOR
FEX
Secretary 0
SO U T IV �,11
Acceptance filed in the office of the City Secretary
of Aruna, Texas., this day of 0 1941.
City Secretary.
171
1 ci
@��1�„n•�„ — �- d.. _ _ _ � �-�-C" off.. t d/ � _ _ _ _. -
---
:.LOWG'
ol
02 3 , UO -m
2j
/7,
Ar��
Lone Star Gas Go.,
McKinney, Texas
Gentlemen,
Anna, Texas
May.3,1943
Inclosed you will please find
one original ordinance and two copies signed by Mayor and
city secretary of Anna, Texas for the purpose of granting
a new franchise to Loan Star Gas Bo., as per a converstions
with your representative aemently.
It was the opinion of the Council
to date this instrument for a period of nine years corresponding
with the expiration date of the original franchise.
You will also not the we did not fill
in the date of payment as we did not know when that yoq,1d be
most convenient to you. You may fill in this date of payment
for each year to suit your convenience.
Yours truly,
Gity Secretar .
TEXAS POWER & LIGHT COMPANY
ANNA, TEXAS, ANNUAL STREET REF—kL PAYMENT
FOR PERIOD OF TWELVE MONTHS ELIDED
DECEMBER 31, 1942
Statement of Gross Receipts from the sale of electricity to its
residential and commercial customers within the corporate limits of
the city of Anna, Texas, for the Calendar year ended December 31, 1942.
Residential
Commercial
Total
2% of the above amount
THE, STATE OF TEXAS )
COUNTY OF DALLAS )
$2,846.93
1,536.00
$4,382.93
$87.66
F. Van Horn, being duly sworn says that he is Treasurer of the
Texas Power & Light Company, that the above and foregoing statement is
true and correct to the best of his knowledge and belief.
. Van Horn, Treasurer
Subscribed and sworn to before me, this the 23 day of March, A.D. 1943
FROST/JUS,TiSS, Notary Public
was County, Texas
prz,SOLUTION
�'D
BE IT VES-- flir Cj T C uNCIL OF TIE, Cl'ff A)F
K..
be a and
That the i, is hereby �,,jt_
-t-o execute . and enter into, and City Secretery be, and
Ile is hereluy wathc)rJ-z0d to attest, an agree-mOxIlt 0011"g
, 'by M-Pa'ny of
the a2tl 000U139--'oy Texas po%yer Light 001
_kj,ghT
par��:s, aa
"s Mys,
ld
tile streets, alle!" S I
other public places witi-an the city of AS11��1Tors®
upon the termW-d cor Iditiolls Got forth. in a fOrn Of
such contract thlo day submitted and filed Tdth the
cit. Secreterry®
pASSED _CtBD AppjzOVED this the day
of I-qarchp 1943.
A. -LTE S T %
00
CiTy
, A
(SE11L)
OF ITEXAS
COMM OF GOLLZI*
This AG-W-4,-'XWr made and entered into '07 sAd bOtmen the GITY
OF A'Iv—, 12-4-S, hereinafter omll6d "GitY% RI'd TEMIS PGRER & LItaiT WIMPANT,
hareinaXtur called "U(-
,,ht Company".
W I T N E 8 8 B T Hs
WHMP"Zo Light COMPIAUY is OPeMtillr-, EM alek-otric distribution
ay,,�tems including poles.. wiress transformaras rciters, and other appurte.
nances v,-Ithin the City of An . 3e s, under a franchise4y , g
m.jjtqd$
whict-, franchise provid.es no aomnsation to City- for the >jse tnd oempr4ne-7of L
the stre--ots, allays. ighways, easements, pF)rksa and other publia pla,aes
v.thin said City,, or other cmar'C�,es in oormoction wit -'a Suah use; and
WMIIRE-'aS* it is the desire of the City and Light Compcny to aSme
upon and oovapose- their differwa7��-08 ill res -Poet, to a reasons lee rent -al or
com-pensation for such use and occupancy as grt�4tDd by sag'.d franchise*
-!,,md the 7-mmies horeto balm agreed upon an amount t -, (Inn al by
A , u
Light Com.90-ny to Gity or such purposess
in oorsidorati,>= of taie =tual 007an,-
.in-ts and
agrao*,-tents hareinaftor set forth, jxnd the mitual beneaf'its to be der and
therefrom,, the pprtiav hereto agree as --ollowas
le That on the First dny o "f rusXY 3941, a�+d a> ivally thereafter
on the first daY of F*bruP,-ry of' suameding yecxss for a Period o.f 32XK2(ti #*0
yor-rs, L1.0 -it ComDwry# its sucrmm;ars or assj&ns, 30 IonG ap, it or they shall.
Continue to serve City -with electric onergy for immicliv-1 ptirpoges,0 shall
Pay to City a mum squal to two por cent (2/%) Of the gross ajwunt rooeland
from the stile of eIt,,,n,-r-4o e rrs lay Lidht uom-'
;Pn-y from its residential
and .)0MJ4V3r(AaI L-Msincrs ri-ithin the, corpor,te 1:Lnlits of said Cit; r for the
preceding aiUendar yoe--r end -Ing Decimabor 3:L,, 1943, es I"uIl payment for the
irivileCe of uainr rand oocupying the stref,'ts, alleys,
parks
9 --d other ,mblie pl&ces 1mithin the City, and other charges
connected with Rul-ii use, for the said 011.Iandar yarr of 1943,
The attaohed ehook in arjount cf
,37066 is to vice x' straot rental
for the 0r;lerLemr yew -r ended Dec*3nb-,-jr 31, and is based on t-ni;o rer ca.xt (is)
of residential and corm-ercial biisin--sztbin
W1 . the corporate a --3 of -L-Ile
City for swid calendar year, and receipt of this az--our-t is hereby acknowledged
by the Cit�- of Anna.
2. City agrees to accept such 1-R-=ual payner�ts RZ hill 00IRpensation to
be paid by Light Compwly for t1i_e --iTrilee of usix1r,
6 and occupying the streets,
alleys, liiglreva.,,*s' easementu, parks, and other mblic Placao within the
present and future te-rritioria.1 IL -nits of City, for the period mumed in
-Paragraph, I avow,, 11'. lieu of aij. other municipal charges, foes, rent-als,
supervision or inspection charges, and all other ibaxes' azsessmeritz or
charges, except ad valorem tames.
3. U;--tless written --qoti(,-e is gi-iren by either party hereto to t? a other
not less th&-r, si!Ct-Y (60) days before the expiration of this agree -neat, it
shall bee autamatically reneged foil aia additional period of , two (2)
X years
from such 0�,aimt,-Lon date, and shall be r--,zt0maticRl1),r remmmd thereafter for
lihe ceriods until smcalled by owitter. notice gi-mn not less than sim-ty
(60) days before the exrirn,tion of any such renewal -,pe rind.
!N TESTIMONY TEFRT,,OF' -Vdtneos' the Signatures of t -Ile parties hereto
in duplicate original, 4,-,*,,-iis the
% day of March, 1943,
ATTEST2 'CF17 OP A77NIA
BY
SeoretaX7-7 Mayor
AT YE ST
Secretary
(SEAL)
TE -JUS PTER & LIG-!Y-!Y
0R1,1NAJTCE .140.
A ORDIRACPE GRA14.1"ING TO LONE Z>Tdi`4
CU�4?'ANYx A 01RATIORP IT5 6-UlGIC'ES
AND ASI�11(4-11` A "CHILY, TD "U'diV5H
' p
AND 'SUPPLY GAS TO THE Gk'_'; PIU-3LIC IN.,
THE C1', -"Y OF A.R.NAV COLLIS
AN D TlaE ]VIDING ?Q-111
USE OF L.2 -is.: I khij i- U,:1.rd.L
'ijtT T"I Ili
�11112
LI -V OF OTH;�R ND
ING AD VALOR.14
BE �T -BY THf--_' CITY C ;W CIL OF THE CITY
A,
MR -l"hat the Cll"Y OF AIJ4A
in _, f tex , calle(l henreby grt.nt;B -11-o LONE
0-1A.-PANY, herraiaafter cv.1led "Company," Its successors and
as!Igxu.=o consent to use and occupy t1he prcsernt wid future
,treetsj alleys.. -pa"Aic places,, public thorough-
fares and t-irounds of City for iChe PurposLiz° of main-
tainiug,. conv"ructin!�., operwAag and tl,,�-rain and-
!0- A ..4.
the-reon pipe lines and other a-,p,)urr;e-r,.an*t scl-ulpzv"nt
needed and necessary to deliver and sell g&s to Persons
firms and eorporations,, inc? :T1,�ng all th---., general
within t.,.qe cityfs corporV%„�., arlo. She Pr.v1ro,.-.,s 1;iere-
ol', sftid cans,.,nt be lr� for a ter: if �Ov!)Np_
,pic-,ra fro;a and alttgr T_�4 dataJ u)l Mi:, a
arkd appr!aval of this
any sha-1.1 raiAntdain,, con -
14,
.uct,, operate and r.;plzace its pipe-, laterals
as 'd other etuipment so as to interfers aE 1`4 -the as pos-
sible with traffic and re -
and shall. promptly c._Iw�n up
store to = approxi.�ate original condition.. at- its cost,
all thoroughfares and other surf ac which it tray dis-
turb. The location of all maingo pipes,* laterals alid
other appur;.-ftz.,tant eLuipment sliall 'oe fixed under the
super -ii -;ion of the City Coaunail or an 4uthorlzed com-
mlt,tee or appointed by said Council.
1,7C -TION 9hen Company shall uike or callise
t:) b,,2--adeexcavainion s J
or shal” place oostr! ctions,, ii
t.,%ny stare t, aliey or ott-ter ut)ljc jaI&
d, erected and
be protectad by barriers arId lights place
_)u I a Shull
maintained, by Company -
P and in the event of inJury to any
L
person or damage to any-,roperty by reasgn o.f, tj,--.
1- A, 0 can
stractiono OPeratdova or -iaintenance of the gas distrilb-
V " I �j
utirI9 Plant or SY3*em of Coapany$ Camp4ny -�,n L I -al
a, n d ;, t e ep h a - I -a -1,ndt-4miify
Mless City from any and all 14 '
nect-ion therewith. labilitv in aon—
Company ha"! ,pair and Ci an up
and restore., tai -dipproxima.te ori--inal coed itjon, all
tv�
Street$ wid alleys disturbed durizig the con -,i true tion and,
r417 -pair Of its gas distri butiny, -sys-i-q.,"
E,ECTION 4.
t, "a--Pany -.,-"Ik!Y m-,Mrke and enforce
Z-U-14�,s w -id rfjeujc-o,40.v.-,s jr,
za, & the condtic,; of its
d, �aay rectuirej befz)r=.� , .,0
'OurIlishing service, the execution
a CW'It-act .aa erafor
'aid -,!iay require eaclI 0011mumer,,
itlaln Of City, tO PaY Company for
the installation of ail s` -vice Apes from the ,.-zain in
the silLreet or-aliey to and-th.rough�ia tk�e
t,� consumerts
ise-n; and Co;--ipany BIM11 nave the rigbt to contrncr. with
each consumer with ref
, er,Mce 1.0 the iWs-tallatioii of ac. V -
!C6 pipes and the c0rlt.-ol of service from the con-
tl- -
""�reolr with Company's main in the streets or &-I-
leys to and including the - for 100at-le. on the con�umet
premises. Service linep dePined as
C0IXdUIY1,5UP�Ily I. -Ines
--; l
•
�nFtzns in the
Or *
allr-Ys 0 and at
Conbuaerls meter.
CT10h 5. Company shall not be recuired to rix- IsJnSl oil any streelt. i-ao.-P- than 1'eet for ally
One C-02:;Ume- Of gQs; nor shall Corap"-ny be retuIred to cop.-
neet to intermediat-e or hi�-h-pressa-re jjnk,�c.
SECT'6-CO GR =PMIY shi,11 be entitled to recujr(�2
from each arid ev--,-1,ry consumveir of eac:,, beforq gas service Is
"
COMIence(i. a depo-si-,., of twice the amount of an astimated'
averae m-OrIthly bill,, v1hi-ch sadid de�>osjt may be retained
by COmpany until service is discont-inued and all bills
therefor have been, paid. Company shali then ril turn g&id
deposit to the consumerJI'toieth,:— six per cent
k
interest thereon fron. ,,-Uo date of deoos"t up t the
'0
t
Z'Iae of al".scontitnuance ser V�ce.
- .1 r -4 Ccs. apany shall be en --
i t- ed to $;,,,Ply sz-Id with accrued inter, V , to
any iiid-ebtec4jess O�,�,ed by tyir-- Con=taer a,,Iking the
de?osi,I**
SLMION 7.T -'-E i0ts- # 31'4 vi1�r�
-4-;'kI-s
chimes grGntec by this ordinance nj" '1 "--)
;, I
Oxclusive, and City hereby axpressly resel-Ves the rig'iit, to
grant, at 0.11Y time., like pr? vile gesp rights and
a-5 it MIRY see fit to any other per4on or corporatiall Ifor"
the purpose of furnishing gas for Iii -ht., and
and for City and the Inhabitants theroeof.
S CTION 3. Company shall furnish reasoa4o'.Lj.de_
service to the public, at reaionr�.bjo and
tw-refor; and. Colapany shall �Ilalntain Its property, et, p_
went and Is appliances in good order and condition.
coupanyp its slzcces6:jrs awi
-
agrees to pay', and City aems to accept,, on. or b;f_I-'or(�.t.;--I.;
ki 4
..A.W_ day of 19403y and on or before the
same day of each succ;edinZ ye�,r during t fe of tilis
franchisup
e, to and Includ'ing "%-,he Ye,,:1.r 1h a 4um of
�hljip
4oriv fhlch shall be esu valent to tufo per cant (,-.';Z) of
t -he gross rE-rceip�ts received by Company frora- tbe sale of
gas to its do.-me-atic and _co=ercial cons ujj.GT*8 within the
City .Umlts of said City for the cz,Ieiid,,:-r yeeir
which annual paym-,rj+W shall be for the rights and
herein Srcintqd to Company, IT',cluding expressly, j-
llzitation,, the I -ii %, 6 reets W thout
gj,�* to use st- , alleys attci pub -
lie Ways of siald and which annual PIybaent is fixed
and determined to IDle the reasonablej, adequatt and co
compensation for all they rights ar;d pr'J -vileges herein'
Zranted. fw,.d it is hl�o i_:mxpressly. t, thathe
said ajanual payrl.ent s.hall be in lieu of any and all other
and additional occupation taxe3, eZi.semexlt analfrv-aichise
taxes or chaeges (i--ehether 1,mi,ed ,,.s an ad Vfjl0_"
r em., 3 P --- e i al
or other character of tay or charge), and in lieu of all
(Yther and additional municipal ta.xesp charges, levies, fees
and rentals of whatsoevi-r kind and character and howsoev�r
!'eviedlp which City -may 4mpose or horea-fter be authorized
:0 levy and collect, exeeptIng only, the uskjLl gerif-Ira.1 Or
special ad valorem taxes '4,hich City is authorized to levy
and impose upon real and person ait1roperty. Should City
not have leg -legal powr �to agree that the 'PaYULMI.- of tile
4 i�
foregoing sulas of money shall be in lieu 01 taxes, licensesp
feesp streetcar alley rentals or chargesj, 'e'azement ox, fran-
J,
Chise taxes or aterges alf'orf_--said,, thet; City agrees tlhe.t it
apply so much of 9,,-4Ad sums of motley paid and to be
paid as may be neces-sary to satisfy Co=panyis abligatiorls,
if MYxto pay any :;arch taxes charges,, fees,,
taxes or alharges.
- a_
by
C'VmpS .7 fB. om je,' f gasq s^ y`" C p'y
date t- L, �441azlY ak�ress
h(31 car—
ftra; s�
s z # ti% L ��ta t "a� ,rpt-ae
`�' L 1 =c;�
Provided max
the Sale of �4�v ��� 4-, O t slloi ina , �,1. � ��*ca�� � - G� ��ar� city
its C�r� �F��� � F'e.�?ce its AAs om
7ypq s.;Idy+city 1.�,' �:. j�'`q gg .�}. ��y and
pc, /.:ymtAt��.yc,,� '�y ,a,.��,3� (�
.LJi ry ,b3 �.Q i4.6�. tr `he r �y ^i ,� ,3 A V,- Fi#�e i. �.:"s Sp�.i%Lst.i i� `���51.�� wi4Da"r ers
d€i y Sped' 2,datFri ya �.���!<•'+,�'�.�1 �a Wil.J. ,+s �,ay" �y�i+C�irx
d :: dk„� .4 .3. p '
t,:-4e
t'.it E 1 }4"�h. 3 w .L L,7`
L2 �i' e, ? fir dThe correctIle.,;:e, and 7 eo�)rds Of C.
11 e, r P, in thAe Sworn
a?oP to bP filed
�
effective �� ro�� �pprov&l.1"3[,�c �.� ter ��2F? r. �:a k c+� :����.�� :�e
Texas and OY the city ot1
and b calk . , Y r3ci huu 4eyor Cid`
alld ar of t:.r cwrt �rl fry:;. c ii �' t lw tr_ ,'t c
rx the i x t� of t t s Zig;-°'7` M. S ri
of
�a
'Gq" TO THE GC)UMUWjTv
J► t: 4 �i3d i:1 .» j% I T S i.4`ANDiza
A1'D 1���`s#sd'i-1��� �C Ai,e7ae TRY �a�8�► 1� SISV.%
I.e'F#x p��} j1 _ } y{��}' y5�''�?y g
T.L�i:i LJdiA "cGE.& .{4 VAj�Tl �.�'+.�d �a..p° .r `��13.N
r�$lU_
1440, Is dcrstooc , %c��ev�ar+
c ue Ord"aflc or t m th&'. the Ph5sag -
oP � r11 `= ' be reawa 0 the°f y s r" �-
t icy #�a��p{y t'�,1 '� and
ppc} ��i e r1�oy ryy _f, � o nce
•-3.r1 rJ tJi � fotA 4Cv L.r��A.Sa ai �3.F i. .3.. 1. R'�ilsa-
+bx a ..
on
3 c •LY illus O fti�t:��rifor
ate? .Ns
C'3aPaLy Shall Taie its
c%ratr its f
ip
�. e � j
$� amici <$Ppr3v�:�. '�`�tY city.
'',,, a}je/ F.S.�'7,�'"fi R'.fX K'w�� .�,y,�i, i�
:376 n Y 3 tl�4
.,� S 1
t
tt�s;,' � y
+K'C3[' at
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C1. a = t
—4—
174 ,
AN ORDINANCE AMENDING, RE-ENACTING AND
EXTENDING AN ORDINANCE PASSED AND AP-
PROVED BY THE CITY OF ANNA, TEXAS, ON
APRIL 26, 1927, OF RECORD IN BOOK 11
PAGE 1, OF THE MINUTES OF THE CITY COUN-
CIL AND BEING STYLED: "AN ORDINANCE
GRANTING TO THE COMMUNITY NATURAL GAS
COMPANY, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE FOR THE CONSTRUCTION AND OPER-
ATION OF A GAS DISTRIBUTING PLANT OR SYS-
TEM IN THE CITY OF ANNA TEXAS, FOR A
TERM OF TWENTY-FIVE (255 YEARS; AND FIX-
ING RATES AND CHARGES FOR NATURAL GAS
SERVICE," SO AS TO EXTEND AND AMEND THE
PROVISIONS OF THE AFORESAID ORDINANCE FOR
A PERIOD OF FIFTEEN (15) YEARS FROM AND
AFTER APRIL 26, 1952, AND TO'PROVIDE FOR
THE PAYMENT OF AN ANNUAL FEE OR CHARGE
AS A STREET RENTAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
COLLIN, COUNTY, TEXAS:
SECTION 1: Except only as amended by the provi-
sions of Sections 2, 3, 4 and 5 below, the City of Anna,
Texas, on behalf of Lone Star Gas Company, its successors
and assigns, the present owner of the above described
franchise, does hereby re-enact and extend for a period
of fifteen (15) years from and after April 26, 1952, all
of the terms, provisions, grants, rights, franchise and
privileges granted by the provisions of that certain ordi-
nance, passed and approved on April 26, 1927, styled:
"AN ORDINANCE GRANTING TO THE COMMUNITY NAT-
URAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE FOR THE CONSTRUCTION AND OPERA-
TION OF A GAS DISTRIBUTING PLANT OR SYSTEM
IN THE CITY OF ANNA, TEXAS, FOR A TERM OF
TWENTY-FIVE (25) YEARS; AND FIXING RATES AND
CHARGES FOR NATURAL GAS SERVICE."
SECTION 2. Section IX of the aforesaid franchise
ordinance passed and approved on April 26, 1927, of record
in Book 1, Page 1, of the Minutes of the City Council is
hereby stricken, nullified and voided from and after the
effective date of this ordinance, and there is substituted
in lieu thereof a new Section IX, reading as follows:
ttSECTION IX. Company, its successors and
assigns, hereby agrees, in consideration
of the granting of this franchise exten-
sion, to pay to the City of Anna annually
on oy before the *,-day of
194,,j-, and on or before the same day of each
succleeding year thereafter during the life
of this franchise extension a sum of money
equal to two per cent (2%) of the gross re-
ceipts received by Company from the sale of
gas to its domestic and commercial consumers
within the city limits of said City, said
annual payment being full and complete con-
sideration for the right of Company, its suc-
cessors and assigns, to use the streets,
alleys and public ways and it shall be in
lieu of any fee or charge imposed under any
existing street rental ordinance or which
may be imposed under the provisions of any
ordinance which may be passed in the future
and which in any way relates to the use of
the streets, alleys and public ways.v
The purpose of this amendatory section is to pro-
vide a fee or charge for the use of the streets, alleys
and public ways of the city.
SECTION 3. The provisions of Section IX as amended
above shall be controlling and shall not be limited by any
provisions of Section I of the franchise ordinance passed
and approved on April 26, 1927.
SECTION 4. Except only as herein amended, changed
and extended, the original terms, provisions, conditions,
stipulations and requirements of the aforesaid ordinance
enacted on April 26, 1927, are hereby re-enacted and ex-
tended and shall remain in full force and effect for the
entire period covered by this ordinance.
Nothing herein shall
substituting for, taking the
fering with or affecting the
ing charged for gas and gas
-2-
be construed as superseding,
place of, or in anywise inter -
present rates and charges be -
service furnished by Company.
SECTION 5. The Company shall file its written ac-
ceptance of this franchise extension and amendatory ordi-
nance within sixty (60) days after its final passage and
approval by City, and upon such acceptance being filed,
this ordinance shall take effect and shall effectuate and
make binding the terns, provisions, conditions, stipula-
tions and requirements hereof.
PASSED AND APPROVED this -I- day of ,
A.D. 1944.
ATTEST: Mayor, City of Anna, T e x a s.
ty Secreta
-3-
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II
I' I
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IIIII1'
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ji�1
THE STATE OF TEXAS
COUNTY OF DALLAS
11HEREAS, there was finally passed and approved on
October 9, 1944, an amendatory ordil-)ance and franchise ex-
tension granting to Lone Star Gas Company, a corporation,
its successors and assigns, a franchise to furnish and sup-
ply gas to the general public in the City of Anna, Texas,
and the environs thereof, which is recorded in Book / ,
Page I S a of the Minutes of the City Council of said
Ci ty.; and
follows:
V1HEREAS, Section 5 of said ordinance provides as
"SECTION 5. The Company shall file its
written acceptance of this franchise ex-
tension and amendatory ordinance within
sixty (60) days after its final passage
and approval by City, and upon such ac-
ceptance being filed, this ordinance shall
take effect and shall effectuate and make
binding the terms, provisions, conditions,
stipulations and requirements hereof.n
AND, WHEREAS, it is the desire of Lone Star Gas
Company, the holder of the rights, privileges and grants
under the aforementioned amendatory ordinance and franchise
extension to comply with the above quoted provisions of Sec-
tion 5 thereof.
NOW, THEREFORE, premises considered, Lone Star Gas
Company, acting by and through its duly authorized officers,
and within the time prescribed by Section 5 quoted above,
does hereby agree to and accept the franchise granted to it
by the above described ordinance, in accordance with its
terms, provisions, conditions and requirements and subject
to the stipulations and agreements therein contained.
WITNESS THE EXECUTION HEREOF, on this the
day of �[�1�,.,_, A.D. 1944.
ATTEST; LONE STAR GAS COHPANY
I
BYoz"�&-
�
Secretary Vice Presidei#
THE STATE OF TEXAS
'COUNTY OF COLLIN
I,
Cite Secretary of tKe City of Anna, Texas; do hereby
certify that the above and foregoing is a true and cor-
rect copy of a formal acceptance of an amendatory ordi-
nance and franchise extension finally passed and approved
by said
City on
October 9,
1944,
and of
record in Book
at page�
��J
of the
Minutes
of the City; and
I do further certify that said acceptance has been duly
presented to the City Council and filed in connection with
and as a part of said franchise ordinance.
OF WHICH, witness my official signature and the
seal of said City, on this the day of
A.D. 1944.
Ci ty Sec etary, City of da,
Texas.
Page 2.
ORDINANCE NO.
AN ORDINANCE GRANTING TO LONE STAR GAS
CO11,iPANY, A CORPORATION, ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE TO FURNISH
AND SUPPLY GAS TO THE GENERAL PUBLIC IN
THE CITY OF ANNA, COLLIN COUNTY, TEXAS,
AND THE ENVIRONS THEREOF; PROVIDING FOR
THE PAY -KENT OF A FE'S, OR CHARGE FOR THE
USE OF THE STREETS, ALLEYS AND PUBLIC
WAYS, AND PROVIDING THAT IT SHALL BE IN
LIEU OF OTHER FEES AND CHARGES, EXCEPT-
ING AD VALOREM TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. That the CITY OF ANNA, Texas, here-
inafter called "City," hereby grants to LONE STAR GAS
COMPANY, hereinafter called "Company," its successors and
assigns, consent to use and occupy the present and future
streets, alleys, highways, public places, public thorough-
fares and grounds of City for the purpose of laying, main-
taining, constructing, operating and replacing therein and
thereon pipe lines and all other appurtenant equipment
needed and necessary to deliver and sell gas to persons,
firms and corporations.,' -including all the general public,
within the Cityts corporate limits and the environs there-
of, said consent being granted for a term of f,
) years from and after the date of the final passage
and approval of this ordinance.
SECTION 2. Company shall lay, maintain, con-
struct, operate and replace its pipes, mains, laterals
and other equipment so as to interfere as little as pos-
sible with traffic, and shall promptly clean up and re-
store to an approximate original condition, at its cost,
all thoroughfares and other surfaces which it may dis-
turb. The location of all mains, pipes, laterals and
other appurtenant equipment shall be fixed under the
supervision of the City Council or an authorized com-
mittee or agent appointed by said Council.
SECTION 3. When Company shall make or cause
to be made excavations, or shall place obstructions, in
11
any street., alley or other public place., the public shall
be protected by barriers and lights placed, erected and
maintained by Company; and in the event of injury to any
person or damage to any property by reason of the con-
struction2 operation or maintenance of the gas distrib-
uting planti or system of Company, Company shall indemnify
and. 'Deep harmless City from any and all liability in con-
nection therewith® Company shall repair and clean up
and restore, to an approximate original condition, all
streets and alleys disturbed during the construction and
repair of its gas distributing system.
SECTION 4®` Company may make and enforce reason-
able rules and regulations in the conduct of its business.,
and may require,, before furnishing service, the execution
of a contract therefor, and may require each consumer,
within the corporate limits of City, to pay Company for
the installation of all service pipes from the main in
the street'or alley to and throughout the consumer's prem-
ises, and Company shall have the right to contract with
each consumer with reference to the installation of serv-
ice pipes and the control of service pipes from the con-
nection thereof with Company's main in the streets or al-
leys to and including the meter located on the consumer's
premises. -Service lines are defined as supply lines from
Company's mains in the streets or alleys to and ending at
consumer's meter.
SECTION 5 Company shall not be required to ex-
tend mains on any street more than fifty (50) feet for any
one consumer of gas; nor shall Company be required to con-
nect consumers to intermediate or high-pressure lines.
SECTION 6. Company shall be entitled to require
from each and every consumer of gas., before gas service is
commenced,, a deposit of twice the amount of an estimated
average monthly bill.. which said deposit may be retained
by Company until service is discontinued and all bills
therefor have been paid. Company shall then return said
deposit to the consumer, together with six per cent (00)
ixaterest thereon -f-ro -F,hm am+= of said deposit 4-- -&-U-
"Y
date of discontinuance of service`® Company shall I
titled to apply said deposit, with accrued interes-
any indebteaiiess owed Company by the consumer makii
deposit.
SECTION 7. The rights, privileges and f3
0
chisel granted by this ordinance are not to be con;
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lih G41? 61A_'i A
�10P I N ITS,
-
AND A FR;.iCfl1!;F TO LT F
AND 4 U?PLY GA6 TO TH-H GKNT'.`:,'Lu PUBLIC IN
THE CI -17Y J? ASHAp COLLIN CUMT-1-11
AND ThEL'14VITROW3 THERk4JF; P 'OV17 ING FOR
ME ?1,�XAENT Q? A FRE OR CHAI-WHE -riiE
USE OF %'3T*.QFFT6p ALL -M AND r?LL;LIC
A�,D e-:.,W1UNG THAT IT SHALL 636 IN
X
J, _.
L-1 :17J OF FEE'S, AND C;IARGLIS CT11T-
ING AD VkL0R;:-2 TAXES.
BE 11'T BY THE CITY C-MCIL oF MiZ CITY
or
.-ICTION 1. That tbe -"""Y JF MiNA .. J,
here-
int,,ftvr called "Cllty,," hereby gri,...nts -';-.o LONE GAS -
Cj,A.;,'j4MYj, herv�jna.fter ctilled "Co npany," its s-accessors and
as5ignvs consent to use wrid ocoupy t1%.e pre,�,nt acid fature
streets, alleyso hi:'jiixay-_-., t�,,-bllc places,, p'Ui_-,lic tho rou- I -A: --
fares and grounds of City for the ?Urpose of
taininnstrucin,., erzotin.nd e,;. Iacin- arid
the.reon pipe lizies at'ld a-11 othAr appurtenant 9�,'uipm,rikt
needed and nece3sar;r to deliver and sel]. gas to personso
firms and co-aoratlons- gC1
includi�ng all th,-� n eral 1 _zolic,
J -1-al's and the anvirons cll.1X.'
within the C ty'S corpora.--l-
SCJd com;-"nt b:fing for F2. t_erm of
fl-om and aftkxr thce date` of t1he final
and, approval of this ordinance.
Covap;�,ny shall lv-�.,/,, m"irlt r. C I -
&i. i'v 01
struct, operate and ri-,-plaaa it -s zsides,, L&.ims, laterals
and other etaipment so as to interfere as little a..% pos-
all.ble with traffic, and shall proiaptiv cleL.,m up and re -
stare to an approx"ate orip
,inal condi t'ion, at Its Cosw,
all th, and aother sUrfacos which it may dis-
t u e location of all mainsv pi. es., lattP-rals h-nd
atlhwaurt%;ernant et-uipment shall be fixed under the
supervi.sion of the City ('0ouncil or an authorized cow-
,ai'tC.tee or a6oxit appointed by said Council.
,12C'TION �vhen Cot-apany shiall 'e e
to made excavationso or sh6ll. place dbstract'orlss, "I
any street, aliey or ol%-.her put>lic -pUaca.. the -)ublia shtall
be protect4d by barriers and placed, er'ectzed and
maintained by CompanytP and in the event of injury to any
person or damage to auty propOrty by reason of the con -
J
straction, operatiaii �r biftintenarice of the gas distrib-
uting plant or system of Company., Com.pany shall indemnify
e
and Aeo harmless City from any and a11 liabilitv' A, 0
In con-
nection titerewith. Coalm-,.ny shall rt: --pair and ciean up
and restore, to an approximate original condition, all
streets �ind alleys disturbed during the cons true tialn and
-E.pair of ng gas distributisysLem.
S
ECTION 4. 7ai4y aake end enfc)rc��
�,---Wle _rules and re-ul-ations 11-n the� eoij("
t5
and _Iay re4uire,, before furnishing the execution
of a contract t-erefor
and may rat.-uir(:.i e_icjl
is .thin the corporate limits of City., -o :)a Y COMPiiy for
the ins tallation of P.11 serVice pi,.)es from the ;train In
the street or alley to and throughout the consumer's pri;M.
Ises; and Co�apany shall have the right to contract wi-
j! t ith
each consumer with reference to the inst-allation f se:v_
ice pipes and the control of ste-rvice pipes from the coa--
nection thereof wlth Company's main in the stre,-Az or al-
leys to and includine the motor located on the carvzumerls
dremises. Service lines ara defined as sup,_,ly Ir,
I*rom
xan
Couyta nalns in the 5treet-s or alleys t,.,) and enii-ljlf_' �,it
carn. uaerls meter.
'z*ECT10h 5. Company shall not be required to ex-
tv-vnld :gins on any s treet, -- --nare, tlian fifty (30) _41'eat for any
one consumer of gas; nor shall Company be ret aired to cop,
neat conumars to intermiediate o.- high -
P
-ressare linew.
SECTION
shall be entitled to rec:jire
6.
from ea ch and every const -ter of ga.s,. before- gas service is
comienced., a deposit of twice the amount of an estimated
ave.rai.,-fe monthly bill, which deposit may be retained
by Company until service is d.1-scontinued and all bills
therefor have been paid. Company s'iall'tiften rijturn said
deposit to the consumery with six per cent
(61
interest thereon fro,, -_-L the dale of s id deposit up 4k.0 the
date L of di3continuazice of service. Com-pan'y shall be en-
titled to apply _si�_Jd dp!,)ositp writh accrued to
any indebt�_�drness o�.,jed Conpany by t'he -riaking the
deposit.
Sb*CTIO.114 7. ".01-Ae dr_'Lv1i.--i-,es wW fran-
chises granted by thi,.; no-Wto be
exclusive 'W ij V
,v zi-nd City harql-y expressly reserv,-!s the riZ,'ht to
era nt$ at any time, like privilfgeso rights and fri!2,ichi-,: s
as it may see fi-I.- to any otbar person or corporation for
the purpose of furnishing ga-s for lighto he: -;; and powur to
and for City and the inhabitants thereof.
S-ZCTION 0. Company shall furnish reasonably ade-
q-ua II;e service too the public., at, reasonzblo rz� - -:}s and c`;:,a.L-ijes
therefor; eaid Company shall :aaintain its :Property, etuip-
ment and appliances In good order and condition.
EZICTION 9. Company, its successors and assignsp
piny,, and City agrees to accep-l" % or . b -
t.$ oi e�'ore tile
day of and on or before the
same day of each succeeding yei�,r during the life of this
franchise, up to and including the a -'UM of
money -4hich snall be esu- iv --le t to two per cant �2%) of
the gross receipts received by Company from tltie sale of
gas to its domestic and Commercial consumers wit -Un the
city limits of said City for the prll-ceding calendar y*=%ro
which annual ?aym:int shall be for the rights and priv.Ilegex
�-
herein zranted to Comps including expessly, without
14 mitation, the right to use the streets, alloys and pab-
L W
lie ways of "..id CiII'Iyt and which w-u.,ual payment is fixud
and deI-.;i-,rmined to be the reasonable, adequate and complete
Qomipensation for all the rights and herein
granted. And it is alio expre,,sly th-az, th.e afore-
5aid ajjnu4.1 pay, -vent shle-11 be in lieu of any and all other
and additional oceupation taxeso e&sement and fr;-.1-ichise
taxes or cliarges (whether 1,-�-vied as an ad valor -4,;m, special
or other character of tax or char e), and in lieu of all
other and additional municipal taxesj charges, leviess fees
and rt�ntals of wlhatsoeve;r kind and character and howsoever
levied, which City may impose or herea.-fter be authorized
to levy and collect, excepting only th.e as al general or
-pecial ad 'valorem taxes -which City is authorized to leovy
and impose upon real and personal property. Should City
not have the leg
,�&l power to agree that the -iayY,.,ient of the
foregoing sums of money shall be in lieu of t-xe;s,, licenses,
fees, street or alley ren-tals or a!-iarseso easement or fran-
chis,�� -taxes or charges afor;----said, t -hen Cilv-y z�--"rees it
viill apply so much of said sums of money paid aild to ;:3e
)aid a.s ntay be necessary to satisfy Company'-,
if Deny, to pay any such taxes, 114.censes,, e'L
--ey-Itals, easea-Pr-r.t or fralichise taxes or
IF -M
tkC in Pi
J wk
4) W4 f4 C" -4 1 10
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IV,
ORIL1114MICE NJ.
AN ORDIU;diCE TO 1,00E STAR
C0,41PARY A COMPQi'.,�' IT& SUCCME'L
A
T IN D A S El GIN,
F T7.) FUIMSH
A141) 6UP.PLY GAb TO Tfi_--_'PuaLic 1.V4
Cj
THE CITY OF ARRA., L iIH COWHYP T_ YAs,
ANI) THE EiVICRONb T .: IF; PT,10VIDING FOR
s-;, E
THE ?-ALAIAT QF A F�-F I TH
USE OF ,�-.,n'
1 0 _LR �,F-_ Ib 112 AND P L I LIC
WAsw�r 1, i3F, 114 ISp AND ?��JVILIKG �L 1-11 U
L11,7j OF OTHF-R FEES3SAND
-PT
ING A -b V,`iL1.0Ri4 TAXI,6.
BE 11 J.`1'1'i1.1i;, BY THE CITY C UNC1.14 OF ViE CITY
OF ANSAp 'rYXAS-.
Z S
F' 'ION 1. Th;l't the CITY OF ANNA
Z. q Texa:�,, klpre-
inafter called "Cltyw" 11-xereby prumts to LONE GA6 -
CiAPANY,, hqrainafter ctrl ed "Cionpany," its successots and
uszign.,;j consent to use slid occupy the present ar-id fiA ir,-11 e
streets, alleys, hiVJ1way_,., pu:)lic places, public thoroueh-
.fares and jrounds of City for the purpose of tlayint' , :aain-
aining I �, ert�-in and
coristructing,, operating and rc.)Iacing ttj
thereon pipe at-ld all other appurTenant ecuipment
needed and necessary to deliver and sell
I igas to persons,
firms and corpora .:ions,-- inckLlding all, th-s general puolic,
w i thin the C y I S: corporate? ]L im i ';. s wnd the ar, v i rX on s t 1h e r e -
r -id con; lint being grarted, for a ter .,i. of nine
xx jears from and after the date of the rinai ?aa.,-_*,ui,-e
UrW_ ap?rOVal Of this ordinance*
,!ipany shall lay, miiintain, con-
6EC'MN Cot 4
SLruct, operate and replace its pi?es,, mains,, laterals
and other eL,uipiaent so as to interfere as little as ?os-
sibleth witr&ffic
k, , and shat' promptly clean up and re_
Btore to an approximate original condition., at its cost,,
all thorou�hfares and other sLArfaces which it may dis-
turb. The lova tion of all mains, pipes,, laterals and
other appurtenant et.uipment shall be fixed lander the
supervision of the City Council or an authorized com-
mitt'ee or =it t appointed by sad Council.
LECTHON 'hen Coupany 5liall ---ilake or c- -,e
to be made excavations., or shed -1. place obstractiorizi,,
y slk;reetj aliey or oll"her Biu blic place, t-I'Ve
be -orotect(id by barric-rs and lii-hts ;)Iaced, e I rec'i-,d grid
maintained by Company* and in t.Yie event of injury to any
person or damage to any property by reEson of the qo.q-
straction, operation or aintenarice of the g&s distrib-
uting plant or system of Company., Company snall indemnify
and Aeeo harmless City from any and all liabilitV in Con-
necI.-ion thereitit.h. Company shall r%q)air and clean up
and restore, to an approxim_ate Ori6inal condition, all
streets and alleys disturbed during the construction and
rep&ir of its g6s distribut'ing sirs tem.
"'E'CTION 4. Company ,-aay zcake and enforce reasoa_
ab -le rules and regulations in the co.nduct- of 1 i btisiness,
and Laay reoquire,, before rurnishing service, the execution
Of a contract t,�ierefor
A. , &nd laay re,_,uire each coljsuj,er.,
Within the corporate limits of City, to pay Company for
the installation of all s,"rVice pipes frow the ,zein in
thie street,or.killey to and throug.-bout the cons-Lin-er's prk:m-
Ises; and Co--npany shall have the right to contr&cL with
each consumer with reference to the installation jof se -.-v-
ice pipes and the control of service pipes froril the con-
rLection I-011ereof with Companyls f�nain in the sk,reAAs or al-
leys to and including the teeter located on the consumer's
premises. Service 'Lines are defined as supp'ly liCr
nes om
in the ,streats or :.-illeys towid entAn'g at
meter.
6EC'A`10h 5. Company shall not be required to ex-
-4.e-nd4�Ans on a_ny street wore titan fifty (30) Leet for any
one conk umer of gas; nor shall Company be ret,l Ured to con-
liect conzumers to intermediate or hiEh-presSLire lines.
'36C` ION C. Company Shall 'De entitled to recuire
from each and eW2ry consumer of gas,, before gas service is
COIM:rlencedl, a deposit of twice the amooint of an a�T_Imaced
averts.e monthly bill, hich s_vid deposit may be retained
by Company until service is discontinued and all bills
therefor have been paid. Company shall teen r= turn. said
deposit to the consumer, to�.,ethor with six per cent (Q4)
interest thereon fro =,. the dall-e of s€;id deposit up to the
dateL of discontinuance of service. Company shall be en-
titled to apply said. deposit, %_111h accrued interest, to
any indebtediness o4ed Company by thie consu.mer making ttic
deDosit.
61':CTION 7. The rights, privile.:-es and frar.-
Li
chises granted by this ordinance are not to be considered
exclusive, and City her :,y ex.-pref�,sly resery_,; the ri6ht to
grarit, at anj tize, like Pri-villoges,, rights and frazichi ses
as it may see fit to any other person or corporation for
t he
purpose of furnishing gas 'or light, he,41; and power to
and for City and the inhabitants thereof.
SECTION 8. Company shall furnish reasonanly ade-
,,uate 5t.-rvice to the public, at raa,,.ronable rz;'..es and c-t-,hrges
therefor; and Company small iaintain its property, e(,uip-
ment and appliances in good order and condition.
ZCTIOU J. Company, its and assi.."ns..
agrees 'U',Q payp and City agrees to accede, on or be."ortthe
day of 194c.j and on or before the
same day of each succeecing year during t * he life of this
franchise, up to and Including the .yei.-.-r 195X jP a sum of
..oney which shall be e�,uivalent to two per c�-:-rlt of
the gross receipts received by Company from the sale of
i --,as to its domestic and Com-mercial consumers within the
city limits of said City for the prr_��ceding czilc-n&_Lr ye�Li,r.,
.0
which annual )aye int shall be for the rights and ?rivileges
herein &ranted to Company,, incl cling expressly, without
limitation, the right to use the streets., alloys anti pub-
lic ways of said City, and which arx.ua.l payment is fiixad
-
and determined to be the reasonable, adequato and complete
compensation for all the rights and privileges herein
granted. And it is also expressly z,, -reed that the
sa.-Ld anriu4l payraent shall be in lieu of any and all other
and additional occupatiQn taxes, ea.serrient and franchise
taxes or charges (whether levied as an ad valorem, special
or other character of tax or charge), and In lieu of all
other and additional municipal taxes, charges, arleviesp fees
e
and rentals til .Nh
f atsoever kind and c1h.acter and howsoever
levied, ihich City may impose or here"i-fter be au",-.horized
to levy and collect, excepting only th,* usual or
special ad valorem taxes wlAch City is authorized to loavy
and impose upon real and personal property. Should City
not have the legal power to agree that the p&ys,tent of the
foregoing sums of money shall be in lieu oftaxes, licenses,
fees, street or alley rentals or Chargeso eaisemt�nt or fran-
chise taxes or cta;-ges af,,z)r:_--.said., then City a4-rees tfiat It
VIM apply so much of said sums of money paid and. to be
pa' d. as miay be necessary to sa.cis f y Company' - obligatJ onsp
of tiny, to pay any such taxes,, licenses, clha^ges, Pees,
rentals, easeisent or frEaichise taxes or charY,J,'q_,E-.
-3-
in order to determine thle gross rce-4 -R)ts
I cor-
orate limits Of C" e
ceived by Company froom the sale of t
has within t1A
I koyp co,�Lpany agrees that GTIA. he
P
.&ae as provided in the pr.-tceding
date thtit P'-'4;'W�nts a" �fjt will file wi
th tree City,
i3ar"gra?h of this Section, -)# i rec-
en� i p t a from
Sacre*�,ary a sern report showing tlie gross
le and coLqme-cial cor.sumers
-the sale of g�*5 to its donest L
within said city limits for the respective calendar ye &.r
Z, , City -V-_yq if
i)recedixig the respectJve datte
fitj, have tj-jF:t 'L�0-oks and records 0,, Company ex-
it See's
an,ined by a represezlti�-tive Of scild Cit; to ascertain
the correctnesu of tre s%o-.n reportscreed to be filed
h,_,rein.
SECTION lo. This fr>�r.cjjise ordinance be
considered effective from arLd af4tar the date of its final
Cj+Council and 4or of
asa Luld approval by theVy
supersede, nullify, tike the Place
Texas, rind shall cancel.- -%uPe '.L' -
fn�nchise ordinance pass -ed
and be in lieu of t1lat certain � pe4;ring of
and approved by City on April "16., aP
in the Minutes of the t, CitlYed: COUncil Of s��id in Book 1$
':
apaL.-,e I., and being sry
.
UNITY
°+i CE GBkN'ING To THE COWC
RAL -p> Co.►J?ANYv IT6 TSUCCF6601R
E AN D
FR;-NCHISL Foil. HE CONTAUCT
ON
"L_ opERATION OF A G;,Q DISTRIBUTING PLIliT
44NA TEXAS, FOR
SLsrF s
IN THE, CITY OF I US; A14D FTX -
TERM OF T"5.uiTY-FIVE (25)
G-' FOR NATURAL GAS
ING AIND
S'EhVICE. It
It is understood, howevero t).,,,at the paSsEL96 Of this
chise ordinancel or the repeal of the franchise ordinance
- 1927�, hall lizj,ie no �!ffect whatsoever ,!Pon
of April '2-6* ef-ja-e for gels d
the present rates and clurges bei
ng
s of City.
as service within the city limit
11. Company shall file its ac-
ceptance .of this franchise ordinancepr-within s- ix tY
Ell l b said ��'��.
days after its fill jassa,-le arid a'p y
the day of
AND A??ROVED
ED
ay, Cid of Pn1,i_k,,
Attest:
Cit -Y
II
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11-ss-zm
AN URDINJUNCE W-VALING Xi' �DRDIEJVN'02 MITTOFORE PAST WHICH
PUTRIPORTED TO GR43NIT A FRANCIFUSE Ms M, GRAYSON_CoLLr,t COUNTy
RMA.
3E IT OR!XMAD 3T VE GITIC C01MICIL OF ME CITY OF
ANNA,, TEJAS:
(1) That there is hereby repealed an o_'z-dinance
grantiag a franchise for the use of tho streets o-, the
G1 y f A=a fo electric lines and poles which was granted
Ai"1945 to the --rays on-3ol I Ja Pioun-ty Rural
Electrification Mdminstrqtion.
'2hat the franchise heretofore granted to the
Grayson-Oollin County 4q] to carry on an electric business
within the Oity of Anna, Texas Is Lereby in all things re-
pealed and cancelled.
otary orU 7,7
AN ORDDTA 10E REPEALING Aid' OR73MAIwCE =ETOF'ORE PAST '4HIGH
PURPORTED TO GRANT A FRANCHISE TO THE GRAYSor-CoLLIhT Courff
REA.
IE IT OtRDAMED 3Y TIME CITY COWGIL OF THE CITY OF
ANNA, TESAS
(1) That there is hereby repealed an ordinance
granting a franchise for the use of the streets of the
City of Anna for electric lines and poles which was granted
1945 to the Grayson -Collin County Rural
'Electrification Mminstration.
That the franchise heretofore granted to the
Grayson -Collin County REA to carry on an electric business
within the City of Anna, Texas is hereby in all things re-
pealed and cancelled.
S .retary
j
07, /' L .�i�
r
State of Texass.
County of Collin,
I, IN. T. Oneal s, do solemnly swear that I will faitlhftilly
and impartially discharge and perform all of the duties incembent upon me as
'to -m %ashall according to the best of my skill and abi.iity, agreea-
ble to the Constitution and laws of The united states and of this state; and
I do further solemnly swear that since the adoption of the Constitution of
this 9ta6e, I, being a citizen of this Mate, have not fought a fizel with dead-
ly weapons within this state nor out of its, nor havi I sent or accepted a chel-
erge to fight a duel with deadly weapons, nor have I ac -ed as second in carry-
ing a ^ohalenge, or aided# advised or assisted any perso thus offending; and I
furthermore solemnly swear that 1 have not, directly or indireo ly, paido of-
f:�,red or promised to piy, contributed or promised to contribute, anmoney or
valuble thing, or promised ary public of-l"ice or employment, as a re and for
the giving or withholding a vote at the election at. which I was elected.
So help me God.
Sworn to and subscribed before me, at Anna, Texas this l -t ay of December_
a . LT. 19 4 5.
L�
MA ayor - a, as.
state cf Texas,
County of Collin,
Know all men by these presents, that we, i;. F. Oneal_ as
principal, and and , as suretie-s, are held and firm-
ly bound unto Coke R. Stephenson, Governor of The State of Texas, and his
successors in office, in the sum of pollars, -'or the payment
of which, well and truely to be mode, we bird ourselves, jointly end sever-
ally, and our heirs, e7 cutors`-a^d admiristrators, by these presents.
Sigre-i wii,h our hands and dated this lstlay of December, A. 71.11%45.
The oordition of the above obligation is such, that if the above bounden
W. F. Oneal, who has been elected Town Marshall in and for the Town of lnra,
in the County of Ccl.1ir, State 6f Texas, shall lai th-ruily perform all of the
duties
required of him by law as marshall aforesaid, th4h the obligaticn to be null
and void, otherwise to regain in f'ullforce end effect.
In- testimony whereof, witness our hands.
Mate of Texas,
County of Colin,
The foregoing bond. of V. F. Oneal as _own V'arshall of
Anna, in and for Collin County- Texas, this day approved in open cor.cil
of The Tom Council in the Town of Anna,
Dated Dec. 10,45*
Texas
r
a!7or.
I
OSIOXOW '-C-UIZT'
Cauu-� I jo �q-c-
IN3
to 'i:�VqtId NGGViz
Allfd MOA J-CgP
O
ss3Nisns -ivioi-4=io
JNOIl"OdHO:) 3:)NVNI-4 N0110fflil
BIHI =10
ADN39V NVOI
LOAN AGENCY
OF THE
RECONSTRUCTION FINANCE CORPORATION
I.IT:11 CE S CT1011
906 Cotton - xc`_ e,-rge ''ui1dina
Dallas-lp Texas
j anu-ar y l -'-Z; 1945
111r. Sherley) Secretary
City of nra$
f`nna, exa.s:
R 2 1Doci et Yo. .,468
Dear TVIr. Sherley:
v' e return the following which lue; have completed'by typing in the
various names and datesu
1. k copy of Mayor Rig ins® letter to lir. P Dumas,
i date6 January 11s lq4.
2 k copy of ",ayor RiE,;rrins letter to the D: il.�.��s office
of the Reconstruct Finance Corporation, dated
Januar,,- ll_ i�4�®
Cory of the minute's of the special meeting of the
City Council held on January 11, 1845
4. !� copy of the resolution adopted at the special meet-
ing of the City Councilheld on January 11, 15,45, to
C,ether with, your certificate.
re take this opportunity to express our appreciation to you; the Mayor,
and the members of the Council for the action taken towards refundin-
the outstanding bonds and believe the City will be successful in its
efforts to keep the neer° issue current.
,irlcerelY vours p
701jIlS L® 75RRr.l1'
F"VICTORY Principal yield
BUY Representative
ITED cc: ;Honorable Clay R -gins, It:ayor
STATES
�vAR City of .manna, Texas
BONDS
AND
STAMPS
CITY OF ANNA
ANNA, TEXAS
Mr. W. P. Dumas
Kirby building
Dallas, Texas
Dear 1:r. Dugas t
janimr; 11 , 1945
It is our understanding that you represented the City. -of Anna in connection
with the issuance of its 4% l aterworks Revenue bonds] dated December 11
1934 and sold to the Public Forks Administration on April 4, 193;. The
City now finds it advisable to refund the issue and should like you to rep-
resent it in connection with the refunding negotiations with the Reconstruc-
tion Finance Corporation. It is our belief that the refunding will not in-
volve any unusual features, and assuming such, vie should like you to inform
us if you will handle the negctiations and for what fee. Since we find it
advisatle to refund the present bond issue on account of' a. weak financial
condition, naturally -vTe want to hold the cost to a minimum.
rye are requesting the Reconstruction Finance Corporation at .Dallas to for-
ward you this letter and copies of the following:
1. Our letter of even date to the reconstruction. Finance
Corporation, the owner of all the City•;; 4,; 4aterworks
Revenue bonds, Series 1934.
2. Copy of the City Council's refunding resolution and
minutes pertaining to its enactment.
3. Certificate of City Secretary relating to the resolution.
If any additional information is required) please communicate with Mr.
°erratt or Mr. Tebbe of the Dallas office of the R.F.C., and: in any event
we should appreciate your forwarding a copy of any responding letter to me
to
Mr. Thomas L. Ferratt
Principal Field representative
Reconstruction Finance Corporation
906 Cotton .i:xch.an�-;e a-uildi%
Dallas-lp Texas
Your, ver;; truly,
/.5
APPLICATICH ?OR PERMISSION TO RLFUND
CUTSTANDING BOND ISSUE NOW
BEIZ BY RECONSTRUCTION FI -
Anna, `e
1945
To the Reconstruction FinanceCorporation
Cotton Exchange Building
Dallas -11 Texas
Attentions Mr. TbomasL. Ferratt
Principal Field Representative`
Attachat are the follovings
1. Copies of Resolution adopted by the City Council
of Anna, ej 0 1945, together
with minutes pertai i Hasalution auth-
orizingd directing me to petitionthe Reven-
struction Finanqe Corperationto accept a new
issue of our Citfs 4% Water r d Refunding
Bonds in exchangefor the outstanding Waterworks
Revenue Bondi now owned by the Reconstruction
Finance Corporation.
. Certificate of City Secretary relating to As
Resolution mentioned clove.
Please consider this letter and the attached copy" of Resolution of the
funding its Waterverks RevenueBonds and interest coupons attached
thereto.
Raspectfully outwitted
CITY OF ANNA9;TEXAS
By t
xsnwnaw:
r'
TEST
y>
Citi eareta y
s °
THE STATE CF TT&X&BI
I
COUNTY OF COLLIN
CITY OF ANNA
On thiss the day of 'Jgivary a 1945, the City
Council of the City of Anna# Toxasp met in called sessions at
the regular meeting place,, with the following members presents
Clav LiZZLnz_ Kayor
Alderatan
V!* R. Lindsey Alderman
Ogilvie Alderman
Luther Pair Alderman
Alderman
Secretary
and the following absenti p- 'pront.
whens among other proceedings hadg, were the followings
Luther Pair introduced a proposed resolution
and moved its adoption.
F. C. )Lilvie seconded the motion.
The action, carrying It it the enactment of the resolution,, pre-
vailed by the following vote:
Ayy,s , Lgae SherleZ 1"..Li.dsey-
0 Jilvis
Wther Pair
and Mayor Present
HOES$ !M me
The Mayor thereupon declared that the resolution had been duly enacti
The resolution is as follows3
SOLUTION
PROVIDING FOR PAYMENT OF CITY OF ADYNS
_; s' E W a '; RE Q
SERINS 1:9349 AND ANY INTMST DUE THIREONs
AND AUTHORIZING 1 E ` N MAYOR
TO PEtTKITIOU THE RN1 FINANCE'
CORPORATION TO REFUND SUCH CUTSTANDING
BONDS AND ALL INTEREST COUPONS ATTACKED
THERITO BY EXCHANGING SUCH BONDS AND
COUPONS ON A. PAR FOR. PAR BASIS FOR NZW
BONDS.' ENTITLED 'CITY OF ANNAt TEXASs
4% 'WATER VIEVENUS RMNDING BONDS."
WHEREAS the City of Annas Collin County, Texass, an April 4s, 1935
issued and sold to the Public forks Administrations' in agency of the United
States Governments principal amount of 4171,000 of said City's 4 Waterworks
Revenue Bunds, Series 19349 maturing seriallyfrom September Is 19369 to
September is 19599 in ludi e$ the proeseds of the sale of said bonds having
been used to aid in the construction of a waterworks system for the City of
Anna, e ; and
r the above described 'bonds in the principal cunt of $179000
are now outstanding and are owned I and held by the Reconstruction Finance
Corporations an instrumentality of the United States Government- and
the revenue of` said to arks system has been insufficient'
to permit the payment of the principal ref the bands as they became due d
WHEREAS there now exist the following defaults on the aforementioned
band issues
reiniR
500 due September Is 1936
500 due September9 1937
500 due September 11 1938
$00 due September $ 1939
500 due September 1$ 1940
500 due September 11, 1941
500 due September Is 1942
500 due September 1s 1943
500 due September 1s, 1944
d
WHEREAS said City of Anna has determined to provide for the payment
of said bands
ROS$ T F�,`I BE IT RESOLVE -D, RESOLVE-D,by the City Council of the City of
Anna) Collin County j Texas 9 in led session ,se bl $ that in
order to provide for the payment of said bands the Mayor be and he is hereby
& �. .8 A.... .'V11�-M'!-.q X9 4
to accept In exchange for the s:Vove mentioned bonds a" all interest coupons
"nSCLUTION PROVIDING FOR PAYMENT OF CITY
BONDS, SER375 Ij, AND ANY INTLSTST DUE
_,. OKI, AND AUTHORIZING ARID DIUsCTING
T1W MAYOR TO PETITIONRECONSTRUCTION
IXE CORPMkTION TO REFUND SUCH
OUT-
STANDING BONDS L IXTIMVr COUPONS
ATTACHED THERWO BY EXCMEGING SUCH BONDS
PAR rOR PAR BASIS FOR NL
B0108 TO BE ENTITLED 'CITY '9
WATER REYNNUE REFU10ING' t
with the original of such resolution an file in d that the
same is a true and correct copy of such resolutions vhich via regularly'
adopted at a meeting, of the City Council duly= ;;held on the
1945.
ity Secretary
(SLIAL OF CITY)'
C76RY
BUY LOAN AGENCY
OF THE
suiirs
RECONSTRUCTION FINANCE
FII44NCE SECTION
906 Cotton Exchange
Dallas 12 Texas
October 23,1945
Yx, Wayne Sherley,
City of Anna,
Anna, Texas.
Dear Mr. Sherley:
Secretary
r
r
r
CORPORATION
Building
Re: Docket No. 3468
We enclose for the City's files copy of proceedings
taken by the Council at a special meeting held on
October 20, 1945, relating to the ordinance author-
izing the refunding of $17,000 of the City's -water-
-works revenue bonds.
For your information, we wish to advise that neces-
sary copies of the above proceedings have been deliver-
ed to Mr. W. F. Dumas, Attorney, Dallas, for further
attention.
We wish to take this opportunity to express apprecia-
tion to you and Mrs. Sherley for the courtesies ex-
tended to Mr. Wheeler on the occasion of his recent
visit to Anna.
Sincerely yours,
THOMS L. FERRATT
Principal Field Representative
Enclosures
FOR THE CITY COUNCIL
TN_E CITY OF ANNA, TL AS
The Mayor and Council of the City of Anna, Texas, met in
special session at Ogilvie Drug Store
Ln said Citi, at 6:30 o' clocl , �� m., on the _ 20th day, of
October s loss.
The meeting was called to order b,j Clay Riv,�,7ins� _Mayos°
and the roll being called, there Caere;
Present: Kern Chaney, Alderman
Frank Luscomb, "
-F. C. Ogilvie, "
'Jayne Sherley, "
and
Absent:
Lut#er Farr, Alderman
NOTICE OF SPECIAL I,1jP-ETING
TO TiiL i1��,IHI LRS OF THE C0�1iv CI U OF
THE CITY OF ANNA, TL -',-AS:
NOTICE IS HZR.L3Y GIVER that a special meeting of the Council of ,the
City of Anna, T�e''a.s, �.ili be held ir_ said City, at j�yj,A Drug Stnra �
at 6;0 _ o1c, L. C, p.., on t<day,�e 20th day, October_
_
1945, to consider an ordinance authorizing the. ronwzding of $17,000 ;aateruorlcls
revenue 'ponds of the, City, incl for such other business in connection there; ith
as ..:ay cone beforeth;e vJL2i1CL�.
GIT�11 UNDER I0ff HZ,.I D, this 20th day ofCetcber _, 1345
T E, ST
YSecretary
CC ,SENT TO 71I ,ETING
the undersLyped mmioers of the Co- ncil of the City of Anna, Texas,
y y e Of the forego- c, i� 9 `i t' l»C i s
her::y -.cc p� service ii1 nc �ce �r . r_ ..- s✓�;- ana ��l regulations
-vrith r aspect to and all irr-z u.lari.ties in such no rice Laid such service, .and con
sent cc -id agree that said Council s is i 1 meot at the: time mid place therein n_e�ecl
caul, for the put'Iaases ti�erein stateu . n
City
V.1 Uy tiYi Vv'ri11.y
CERTIFICAT2, OF SECRETARY
I, Mayne Sherley , thi-, dul' oluctcd, qualified and
Cccretary Of tl,a Citi% of �lxnla, Texas, c:.rtify tbat. tlx:, above and for
gOl:`l;✓.:.'1 t,? CE, 7s S :J C3 _Y1...: the vo115;i1t to rv(;Cl u-0011 i
th.., abov-3 signe-d by the menbcru of the Colla1, << ._ 1' c eta�> and
::iC__ �:1:. ,.,SCrr�.
City tto-rney, this 20th -day o October
City Secretary
(in Viii.; .;v n+", thD ordil' =cJ is
ado ,tod at a reg lar meting,
this _gage is to be mar! -,cd
us0=1,1I -out 1s not to be r,=.r.)ved) .
OR.DII?ANCE 110.
AN OR.DIN12410E AUTHORIZING THE ISSUANCE OF 1"TAT.ERyuORKS
REVa1UE REFUNDIBG B9NDS OF THE CITY OF ANNA, TEXAS)
TO RESMI') THE CITY'S OUTSTIUMING ETAT_.;=,li':ORTKS h.E17LCNUE
$01?DS I13 THE A°:40'v11I OF 17,C00, 101D P OVIDIIIG FOR THE
FOFLV1, TER;1.1S A11D C011DITIONS OF THE F rIl1 Di1IG BONDS,
THEIR FOR THE OUTSTANDIEG BONDS, pi211D THEIR
i'11T11E d T.
VHEREAS, the City of Anna, State of Texas, no, wmns and operates a
,uatersrorks system, acquired under and in compUance with the Constitution and
Statutes of Texas, including particularly ilrticles 1111 to 1115, inclusive, of
the 1925 Revised Civil Statutes of Texas, as &m6nded, and Chapter 163, Acts of
the Regular Session -of the 42nd Legislature of Texas (Article 2365a, Stats.);
and the City issued and sold its 4%7kat�nworks Revenue Bonds, SerleS 19348 in
the aggragate principal amount of SEVLNTM THOUSIUM DOLL IRS ($17,000), dated
December 1, 193 ., maturing on September 1, 7-936 •11:rough 1959, and payable from
and secured by an exclusive first lien on and pledge of the revel es of the Cit�Tts
,ratercrorks system, after deduction of reasonable operation and maintenance expenses,
as provided by said Statutes and the ordinance of the City authorizing the issu-
ance of said bonds; and
i1GEEIP-CAS, it is deemed necessary and desirable, and for the best interest
and welfare of the City to refund said bonds; and Reconstruction Finance Corpora-*
tion (herein called RFC), the o, -,.mer and holder thereof, has agreed to exchange
the sazae for refunding bonds on a basis of par for par; and
°WHEREAS, pursuant to the Constitution and Statues of Texas, partieu-
hely Articles 1111 to 111.5, inclusive, and Section 5a of Article 2365a, Vernon's
Texas Civil Statutes, Annotated, as amandod, the City is authorized to issue and
exchange revenue refunding bonds for .said outstanding bonds;
�TO1r, THEREFORE, be it ordained by the City Council of the City of
Anna, Texas:
Section I. Each of the statements made in the preamble hereto, is in
all respects true and correct.
Section 2. As hereinafter used in this ordinance:
(a) The :-cord I'Statutestt, used alone, shall mean Articles 1111
to 1115,_ inclusive, and Section 5a of Article 2365a,
VernonFs Texas Civil Statutes, Annotated, as amended.
(b) The -lord 'City" shall mean. t_no City of An. Texas.
(c) The ,Mord "water -:oris" or "system" shall mean the
,waterworks system of the City, including all im-
provansnts, betterments, ,<.tensions, replacements,
and appurtenances.
(d) The vJords "outstand:uag bonds" shall mean the out-
standing 4% Waterm7orks Revenuo Bonds, Series 1934,
of the City, dated December 1, 1934, in the aggre-
gate 1. incipal amount of SEV,KINyjLTHOUS ND DOLLARS
(17,000).
(e) The words "refunding bonds", used alone, shall mean
the 4% Waterwor'_rs Revenue Refunding Bonds of the City
authorized herLander.
(f) The lord "bondholder" 'shall mean the holder of an out-
standing refundii:1- bond or coupon.
Section 3. City of Iona, `texas, 4;ol Water„-�rorks Revenue Refunding
R g $_17,000, shall be issued pursuant to the Statutes. The 111klaTor
Loads aggregating
shall for-Tc,.rd the refunding bonds to the Attorney General of Texas, together
T:ii_th a certified copy- of t ., s ordinance and such additional information as the
Attorney General shall require, for examination and certificsti.on by the Attorney
Genaral and registration by the Comptroller, all as provided in Sections 709 to
715 of Vernon's Texas Civil Statutes, Annotated, as amended. The refunding onds'
teen shall be exchm- aged, on a basis of par for par, for the $171000 of outstanding
Bonds in chronological order of maturities, the longest .east due maturities of
outstanding bonds for the first mia turitz`es of refunding bonds, etc. Interest o1i
tie outstanding bonds to 11arch 1, 1945, shall be paid prior to the .exchange. Upon
consw_,mation of the exchange, tho zr tstandi.,ng bonds and coupons shall be cancelled,
and the City Treasurer shall transfer any mono s in special funds under the
ordinance authorizing the outstivndling bonds, to funds= o{ a similar character
created under -hos ordinance.
Section 4. The refunding bonds shall be dated 11arch 1, 1945, and
shahl bear interest, evidenced by coupons, at the rate of four:per cent per annum,
payable semiannually on :March 1 and September 1, and both principal and intertDst
shall be payable at the office of the City Treasurer in such coin or currency
of the United States as, on the resp�active dates of payment, shall be legal
t,,,nf_or for 'the pay -went of public and private debts, upon surrender (except for
i r:st a*ter maturity) of bond or coupon. The bonds shall be of the denominat c”
of X250 each, shall be numbe-ced 1 to FS, inclusive, and shall mature in numerical
orr�.er on 111a:.r c. -h 1, as � r
olio:^s:
-2-
$17,000
:.).lny bond not paid at maturity shall continue to bear interest at. the coupon rate
until paid. Each bond s_fia31 }� sighned by the D 7 yor, sealed ._J th the s.: al of the
City, and countersigned by the; City Secretary, mnd. the coupons shall be executed
wit'll :uhe facsimile signature ol' the 1.11ayor Land shall be attested vJi'L-h the fac-
simile signature of the City Secretary. If either 1.4ayor or Secretary, after
ezacution of bond or cou.;on, shall cease to be such official, the execution by
such official nevertheless shall be valid and binding.
Section. 5. If any bond or coupon stall be matilated, or shall be
believed by the Cit;T to be destroyed, stolen or lost, upon proof of ovrnership
satisfactory to the City and upon the surrender of the r,:utilat;:-;d bond or coupcn
at tho office of the City Treasurer; -or upon roceiiot of evidence satisfactory to
the City of such destruction, theft or loss, and upon_ receipt also of indemnity
satisf a.ctory - to the City sand upon paymBnt of all e x-ponsus of investigation and of
issuance of a nets bond or cou,Don, tine City shall execute and deliver a substitute
bond or coupon, t,,ith such notation tiacroon as -the City shall determine.
Section 6. Except as hereinafter -provided, tha bonds, principal and
ilnteres,':•, shall bo payable solely from and socured by an exclusive first lien on
and pledge of the revenues of tuna City's s ? ternor'_�s , after deduction of reasonable
operation and r:t.aintenance, expenses as pres�:ntdefin:d in Article 1113 of the
Statutes, and each bend and coupon shall contain a recitation that the holder
thereof shall never have the right to demand payment of such obligation out of
any fungi?s raised or to ?oe raised 'py taxation.
No. .
Section 7. The form of the bonds shall be substantially as follol,,s:
$250
U14ITED S TATIS OF JIW RI C A
STATE OF TELIS
CO121ITY OF COLLItI
CLTx OFAn
ii1'd 2`J
4% WATER :JORKS 15-079"RUE REFUMIDIr G BOND
The City* of Anna, Collin. County, Texas, for value received, promises
A1:10 -0T
NTJI.�, ;; HS OF
AGGREGATE;
YEARS
EACH YEAR
BONDS
AMOUNT
1945
through 1952
250
-1
to 5, inclusive
$ 12250
1953
" 1963
500
— 6
1? 2-1 115,500
1964
" 1971
750
25
" 51, "
63,000
1972
1974
1,000
52
„ 63, It
3,000
19 7 5
12250
64
,c 68 9 It
13250
$17,000
:.).lny bond not paid at maturity shall continue to bear interest at. the coupon rate
until paid. Each bond s_fia31 }� sighned by the D 7 yor, sealed ._J th the s.: al of the
City, and countersigned by the; City Secretary, mnd. the coupons shall be executed
wit'll :uhe facsimile signature ol' the 1.11ayor Land shall be attested vJi'L-h the fac-
simile signature of the City Secretary. If either 1.4ayor or Secretary, after
ezacution of bond or cou.;on, shall cease to be such official, the execution by
such official nevertheless shall be valid and binding.
Section. 5. If any bond or coupon stall be matilated, or shall be
believed by the Cit;T to be destroyed, stolen or lost, upon proof of ovrnership
satisfactory to the City and upon the surrender of the r,:utilat;:-;d bond or coupcn
at tho office of the City Treasurer; -or upon roceiiot of evidence satisfactory to
the City of such destruction, theft or loss, and upon_ receipt also of indemnity
satisf a.ctory - to the City sand upon paymBnt of all e x-ponsus of investigation and of
issuance of a nets bond or cou,Don, tine City shall execute and deliver a substitute
bond or coupon, t,,ith such notation tiacroon as -the City shall determine.
Section 6. Except as hereinafter -provided, tha bonds, principal and
ilnteres,':•, shall bo payable solely from and socured by an exclusive first lien on
and pledge of the revenues of tuna City's s ? ternor'_�s , after deduction of reasonable
operation and r:t.aintenance, expenses as pres�:ntdefin:d in Article 1113 of the
Statutes, and each bend and coupon shall contain a recitation that the holder
thereof shall never have the right to demand payment of such obligation out of
any fungi?s raised or to ?oe raised 'py taxation.
No. .
Section 7. The form of the bonds shall be substantially as follol,,s:
$250
U14ITED S TATIS OF JIW RI C A
STATE OF TELIS
CO121ITY OF COLLItI
CLTx OFAn
ii1'd 2`J
4% WATER :JORKS 15-079"RUE REFUMIDIr G BOND
The City* of Anna, Collin. County, Texas, for value received, promises
to pay .to the bearer, at the office of the City Treasurer, on the first day of
i.2ar C, h� 19
T-70 HU;>IDPI*D fill Frr DOLL 1RS
in such coir_ or currency of the United States as s1aall be on .said date legal
tonder for the payment of public and privu e dQbts, with intorest thereon from -
date at the rate of four per cent per annum, pa -Table in like chin or currency on
11arch 1 and September 1 of each year, until the principal sum shall be paid, �_md
except f or interest after matur-i ty, upor, surrendor of coupon.
This band is one of a series of books of like tenor and effect, except
as to maturity date and bond nwmber, maturing P:'iarch 1, 1948 thr^ugh 1975, aggro -
gating ;17,000, issued in accordazIce -ith the Constitution and Statutes of Texas,
particularly Articles 11.11 to 1118, inclusive, and Section ga of Article 2368a,
Vernon's lyes Civil Statutes, Arr._�otated, as.amcnded, and pursuant to a duly
adopted ordinance of the City, to refund ';?17,000 principal amount of the City's
4;� :;ater-,for'cs Revenue Bonds, Series 1934, Riarence is made to the ordinance for
terms and covenants not herein c:rpr ssl-T recite..
This bond is one of a series of bonds pay able from and secured by an
eXclusive first lien or, and pledge of the revenues of the City's m;ater�:orks system,
after 1 eauction of .reasonable operation sand maintenance expenses as' presently
defined in Article 1113 of said Statutes. Thee holder hereof shall never have the
right to demand payment of this obligation out of any funds raised or to be.
raised by taxation.
As provided by Article 1118e of said Statut,�:s, this bond is a negotiable
instrument and small be fully negotiable; S71 hin th;) mea_aing and for all the pur-
poses of the Uniform Negotiable Instr=ents Act of Teras.
The rights and: duties of the City =id of the bondholders may be alt,: -,.red
with the consent of thy: holder or holders of sc%—ii?%e per Cent in principal
amoiurt of the then outstar_c'ing bonds, but not so as to change the maturity or
reduce 1ri;zcipa-1 or interest or modify the terms of payment of any bond without
t=ie consent of the holder of such bond.
It is hereby certified that all acts, conditions and things required to
e ¢
Ls t, to happen -an,! to be done precedent to and i n tflc issuance of this bond, to
nonce e sage la and =slid, da exist, 1?ave l appened and have been done.
i
IN WITNESS T"EERiE,OF, the -City of Aim,.a has caused -this 'mond to be signed
-4-
by the ::gay or, scaled lith the s: al of the City, and countersigned by the City
Secretary, an(_' the coup ins to by executou bzT tha facsimile signatures of the
H"«. -or and Secretary as of Murch 1, 1945.
Sa iL )
i+i..
Cit;- of Anna, Texas
�Co.zr_tersib ed.:
ity Secretary
(FORM OF' COUP0FT)
001,lpon No.
A5.00
On , 19_, t',Zt Citi- o I i4nna, Texas, will pay
+,
the bearer, at the office of th , Cit; Troasurer, but only ^ut cf the revcnunes
ment_o;:zt�;d in the bond,
FIV: , DOLLARS
in such c .yin or currei-icy of the United Stat -::a as shall be, on said date, legal
ten.ler for the payment of public an Ci privalle, debts, said sura being six -ronths,
Latero-st due or, its 4 ' attr:-or?.s R e T,:)nuc Refundir_,r Bond, d, a ted ?,,larch 1, 1945.
The holier hereof shall never have t-heright- to pa-,nitint �th
is obligation
out of any funds raised or to be raisad by taxation. Bond ED.
Af
Tvlay.
attest:
ty Secretary
r n T
FORT4t OF ClOi PTROLL ER! S CERTTlT.0 l CA E)
07 -Ii- OF COMPTROLLER
}
STATL OF TSIX.LS }
I hereby 'certify that there is on Nile and of record in mj7 office, a
cartificate of the IA1,orney General for the State of Texas, to the effect that
bond has been examined by him, as required by la7:; and that he .finds that i1,
has been duly issued in conformity, the Constitution and lags of the State of
-5-
, =,d that it is a valid and bii�_':.i�rg obligati' -.n of said Cit-,. of Anna,
._ s, -payable f rem t,!1e revenues to 1'vS payment by anC1. J=i1 the ordinance
au.t-!oi-izing the same; and said. 11�oi1d h,,3 -.s this dais been duly reTistered by me.
ay of
Witness r, -:y hand and seal of office • at _,ustin, Texas, this the
1945.
Comatr`)Iler of Public accounts of the
State f Texas
.SeCini1 8. The City S4il]- maintain CMU Operate she ?Nater?-,iorhs In an
cfficicnt and econn-nlical m --garner, ^ner, a eL -.rill establish, mai:-�tain and collect for
services furnished bTT the 4,ratem-!orks, ecru aael uniform rates suffi ciei:t to pay
all p_tiG1, replacement, betterment and interest
i
Ci''_a'. f'Gs, and for inter is t and sin =ina fund SL'•.ifi Cii3nt t"] pay file refunding bon(:s
cinterest, 'F' ll �f-c" - � n• .�'--t�;!n a -of �.ri r14 st fi '�"i
a�el pact �o pay` a �_ ^;._�,..t._:x,.��iiie _ b�v.:u10 s.o_ir�.. ;,_e :�..=a ertiro._s,
inch`:%ink the. res-erve oroviaOL in Secti,ll 9 of this ordinance. i o free services
S=?t 11 be a�� `C`'. and for ServiC S fi3C�iLS11GC! tG the Cit;t
T, the vitt' Snail pa?
ateS ,CSU sl and unif')ru, ° ith rate fOr o :-C)•_" USZr . Tne C ty shall maiie suc;l
p'tOViSiOTi for iiloi7vllly, 4,..,.v,.r b111S, for C,.iSCvr1t1i1UG.flCC: of SerV1.0@S for nonpayment,
-..n,,- -nor ch i ages for the: ezloense of discontinuance and resumpti:-11 of services, as
"ill insure; current payments. Rales and regulations heretofore established, in
tael.roc3ed 2gs aut'llorizing _in.,J 7atstant:— bonds Cr •tl7Lr" iS-:. shall remain in
force e_Ccept as they may be changoc: from time t^ time to meet the req�uiremcnts
o1"' this ordinance,
Section 9. The entire incom'
o anC' -n.. o of the .V ater.,:orl s shall be
set aside, as collected, and :1-opisited Ln a s_ ccial fund hereby created, to be
kno4ra as, the Ewald", and disbursc:'Ients thore- rom shall be made as
hereinafter provided, in the follo4.-ing orC'er Of priority,
(a) - i ere shall be Oisbursed there rorn each r_ionth such
sums as are reo--,onable and proper for the expense
of Operation and maintEffi nce, i ricludir.g all salaries,
labor, materials, inter-.st, repairs, and extensions
necessary to rC:ne:cr efficiont service and every proper
item of ex -pease, provided, that this shall include
only such repairs and extensions, as in the judgment
of the City Council are necessary to 'veep t a Tater-
-c-orks L -i operatir,n end -r&nder adequate .service t-) the
City and its inhr, bital.ts, such I,s mg1lit be necessary
to meet ...•.mo physical accident or collditi-)n which .,could
othev4 ise isrpair the security of the refunding bonds;
and the foregoing . shall r:lrrs be a first lien and
-o-
7 -
charge against the rev .nu - -s.
.
(b) There shall be set aside -uad deposited on or before
the fifteenth day of each month into a separate
fund hereby create , to be Imo7ma as the "Bona bind",
in equal ILLion tl.ly 'ns tally, ants o
(1) One-fifth of the aggregate amount of interest
becoming :eke and payable on the refunditzg
bonds during the next succeeding six_ (5) mtc ths9
(2) One --tenth of the aggregate amount of principal
Of the reftinding bonds becoming due and pau able
during the ne-it succeeding twelve (12) raoriths.
Whenever and so Tong as the Bond Fund contains funds su-"-
ficient to pay the next maturing nstallment of principal
and znterest on the rc;fiznding bonds, and to pay principal
and inter=est u�aturing during the next ensuing one y ,ar,
the monthly deposits may be reduced to cne-sixth under (1)
ri J e— i l 7 r � s
u.ti'�... n.. t-:�-c,lf �h un�cr (�.) o� th�.s suc.,�.�vi•�n (b;. The, _
reserve ti iZs ProviduCl I:ay be, drai`tn upon a s n :CcsS��ry t0
meet ma turiti s of principal or into rust, but such, rrith-
drai, is shall be replaced from the first available moneys
in the Watersmcrlcs r i,nd.
(c) There shall bU set _.s'_f:e cu.w deposit-&? ..r before the fif-
teenth- of each, m, -,nth int:: a saparatE� fund hereby created,
to be ':Li—DT.,—un as the "Sinkii.s' -a2,)-ant in the Water-
works Fut.d above the requiremar_ts of subs-ctions (a) and (b)
of this Section 9. If the Bonn Fuad on d its res,-rve do not
contain funds suT_f' cient tt, moot iiia t?rities of principal or
interest, the Sinking Fund may be c_ra,nz upon therefor.
llloncys in the B oizd Fund or the Sinking Fi. iid shall be deposited -in a bank r hick is
a merzoer of the Federal Deposit insurance Corporation, except only as the la -.-.s of
Teras :nab require othell;7i0c.
Section 10. The, City ahall keep proper books of recor6Ls and accounts
(separate from all other records and accounts) in which complete, and correct entries
shall be made of all transactions r lctinU to the Upon written
.request therefor by the holder of az-r refita _Ing bond, the City mill furnish to such
holder, not more than thirty clays after the close of each six aoithsy fiscal
period, complete operating ^-.d income s tatcilunts of tho system in reasonable detail
coveri_2g such six. m-�nths'-oeriod, atncll not m : r c than sixth; drys after the :Close of
each. fiscal year, c^mplete financial statements of the system in reasonable detail
covering such fiscal year, all such statements to be certified by the City's
wadi to-, s9 ancl. the City i -,.ill permit the holder or holdors of ten per cent of the
standing refunding bonds to inspect, at any rem sonable time, the waterworks and all.
records, accoizits and data of tl.e City r;lating thor-ato, and any other information
. ' - h 'reaS ;nabl'T mai<' 'Oz reCJ;UeStC'.Ci. SJ long L .` iu v � other federal governmental
ago-ncy =zol::s any of the bonds, thy: City shall give BFC or such other agency, .or a
-7-
duly authorized agent, full access to and the right to copy any records, reports
and files of the City pertainiri_ to the 1:at�rlroriLs,and shall prepare and furnish
J. such holder such rLperts on the physica, con'.iti -)n an- financ! s of the system
a:, such 'solder shall r•Douest.
Section ll. The City :,ill maintain .ocuate insurance uo. -3n insurableI
property of tho waterviorks and other risks, includin los-> or damage by rea ozl of
Fire, lightening or tornado in the amount of eighty per cent of insurable value.
So lar�g as PtF'C or oth;;r federal governmental agency hal ds any of the bonds, the
insurance coverage, policies, and companies shall be satisfactory tD Chief cr
Acting Chief of the Self -Liquidating Division of _RFC, or prepor representative of
such ether agency, and wherever applicable, the policies shall be so endorsed
that -losses s:rill be paid to the assured or such c t'_zer agency. The City
iill pay the cost of such insurance from the .7aterwcrr':s Fund. In event of loss or
d=age, the nr•^caeds of such insurmace shall be applie solely toward prompt
reconstructi-)n, replacement az d repair, rr'_nicih the City rill cL' igently prosecute
to sati
ufactory Completion; and upon-r:.c_u::s-t by the holder 'Dr holders of. seventy-
five per cent in prLicipal 2Mcunt of the rofuncang bonds then outstanding, the
CJ iA_. t�i rill del- Ver a Certifies' statement that a fair and satisfactory settlement
has been :Wade with the under -writers, that full restoration has been rade of all
( estroyed or damaged. property, that all bills for work, labor and materials have
been paid in full, and that no lien or other oncumbra.n.ce, or right thereto, on
any of t;.ze property has been created or assumed.
Section, _ 1212. The City :°rill not contract to sell, lease or otheniise
dispose of the waterworks system or any property that is a part thereof or esson-
tial to its proper operation, until all of the refunding bonds and coupons are
Acrid or provision is made for their pax- u uh cash before any such disposal shall
taiLe of feet, and the City 17!411 notissue any additional- ^bligations or create any
other debt or expense payable from the revenues, except foroperation and main-
ten,once as provided in 'Article 1113 of the Statutes, unless the same shall be
funic r t o 4u e lien of the refunding bonds and c,)upons .
Section 13. The City ti��ll r2fraizl from claiming or taking the benefit
or ac!-Tartage in any manner whatever of any stay or extension law wheiiever enacted
or at any time hereafter in force 1:hich ma % affect in any frau the duties of the
City? := r' nation to the refunding ':,onds, or the lien therajf, or the performance
of the covenants of this resolution.
Section 14. 1ha City covona is that it will perf:o•rir. all duties r*itil
reference to the ,�raterivorks required by the Constitution and lm,cs of Texas, an,l,
all acts required by this ordinance, so long as any bond or interest is unpaid;
and the performance of such duties is of -the essence of. the contract between the
City and the bondholders and may be enforced by uay bondh.,�Icer in any appropriate
action. No remedy of any bondholder is intended to be exclusive of any other
rcaaedy; no waiver by any bondhol c r of any default or breach shall er_tand to any
subse:quient default or breach no delay or omissi;")n of ti�a1y bondh.olt'er to exercise
right shall impair the right or constitute acouiascence or waiver; and ever''
ri, t and every remedy of any bondho iter may be enforced .^enc:. exerciser. froiTi time
to , tiue and as often as he may deem eye edient. In case any. action or proceeding
to enforce any right or exercise any remedy- shall be brought or ta.en and -then
discontinued or abandoned, or shall be ac"Lu'crsoly to the bondholder,
the City an -1 such bon( -homer be res toted to tNoir former positions and
rights and remedies as if no such action or proceedings had been brought ,:)r toLen.
Section 15. The rights- and duties of the City and of bciidholders may
be altered with the consent of the holder or holders of s verity -five per cent
in principal a - mount of the then outstanding refunding bonds, but not so as to
change the maturity or reduce principal or interest or modify the terms of paymont
of a 1, bond without the consent of -the holder of such bong..
Section 16. if anyr soction, paragrarh, clause or provision of this
ordinance shall be ei.d invalid, t'. invalidity of such section, paragraph,
clause or provisiol, shall not c..ffect any of t11e remaining sections, paragraphs,
clauses or provisions of this ordinance, which shall reLi:ain in full force and
ef f ect.
Section 17. Adl resolutions or crdinanecs or -oarts of resolutions or
7rdlnances inconsis tent '.tZ th this or ", nailCe ^r _lereb y rercaled, reSCl'1C�ed or
revioi_ed to the extent oil1 .)f such.. inconsistency. Thi:s.repealer shall become
effective only upon the consummation of the sale and eychange of the refunding
i1 r� s as hereinabove -)ro7ided.
Section 18. This ordi:zan.cc shall tape effect and be in force from
and after its p_assa..ge, subject onlyto requir .rients of the Constitution and lay s
of Tel as.
4JL"t
4�A tt�S't o
W
C ' Se cretary
The foregoing ordinance was introduced and read in full. It Lias
then moved bAlderman _ Kern Chaney , and seconded by Alderman
Frank Luscomb , that all rul:;s or r. galati ons of the Council
Lr12i ch ::.i _;ht prevent, u -n -less suspended, the final ado.:,tion of the foregoing
ordinance at this meeting be &rad the same are. suspended by tie adoption of this
motion. The question being upon adoption of sa. d. motion and the suspension of
t �a rubs, the roll was called I7ith the foilov�=_ng r sulto
Those voting
Kern Chaney, Alderman
Frank Luscomb, "
F. C. Ogilvie, "
Bayne Sherley, "
Those vot•in-'iay
None
Four members of the �cuncil having voted in
.favor of the said motion, the r:Ia °or declaved said roti on carried and the rules sus-
pended. ^the` eizoon, xlnermaiZ Kern Chaney moved that said ordi-
nance be passed and adopted .as read, and Alderman Frank Luscomb
seconded tho motio The questlon baing upon the final Dassage and adoption of
she ordinance, the roll was called, *ith •tho folloT,-ring result:
Those voting rete:
Those vdti g
Kern. Chaney, Alderman
Frank Luscomb, it
F. C. CUilvie, "
Wayne, wherley, 11
None
Four me _ beru 01, ''he 3van-cil having voted in
favor of the ordinance, the da�-or th;>reuy;on daclared the same duly passed and
adopt -,ad and indicated his approval tneraof by signing the same.
f
o� w-
LA-) JW Y,
s ldaAb
v
t' 4
a
(Federal Aid Projects)
Texas Highway Department 1
Form 453
RESOLUTION OF MUNICIPALITY FOR STATE MAINTENANCE OF
PROJECTS CONSTRUCTED IN CITY LIMITS
WHEREAS; the streets of the City of ........ ............. ...................... .... ...................... ..............., Texas, are
within the jurisdiction and control of the City................................,..,.,._._.,.___of
...........................................
such city; and
WHEREAS, under the provisions of the Federal Highway Act the State Highway
Department of Texas. intends to spend certa,in funds within the corporate limits
_of this city on................................Highway No.......................; and
WHEREAS, it has been the general policy of the State Highway Bepartment
to maintain highways within the corporate limits of cities and towns of less
than 15,000 population where the corporate body of such city or town requested
such maintenance; and
WHEREAS, the City of ......... _............. ___ ..................................... .............. ............ , Texas, was, by the latest
United States census, aho-vni az less than 15,000 population.
TEEREFORE, be it resolved by the City ............ ..... ................................._............. ....... of the City
of,.._. .................:.........., Texas, e,s'represented by the City
_ ...... ............ ............ ......_................................. ................ ,. that it desires and requests the State Highway
Department to ma.inta.in the improvements to be made on Highway No.... .............. .............. ,
within the corporate limits of., Texa:s, to such
extent, and in the manner desired by the State Highway Department, and further
agrees that it will not repeal or amend amy provisions of this resolution with-
out substituting therefor a. -Resolution) satisfactory to the Highway Depart-
ment, making ample provisions each year for maintenance by the City of
........... .................... ................. :................. _............................. of the aforementioned improvements.
t
(SEAA. n::...,_................. ...........................
L) (Municiia"' ty or Politic...al Subdivision)
By:
ATTEST..
.._�..... ........................................ --........
Note: Achy official signing 'for and on
behalf of a municipality or political
subdivision should atta,cb an original
or'a,uthenticated copy of order, resolu-
tion, ordinance, or charter provision,
or a: c ita,t ion to statute, under the
authority of which this agreement is
executed. Each agreement should be
executed in duplicate and a. certified
copy should be furnished for the Public
Roads Administration. 5-35-661
R-4
2
................................
s�exas _...._.....
:14z0 auZ JO A!al noes sq -TD
2L9Z-N-9
( sq-oaC'o.zd �-eMSTH) aoueuzpx0
• Mxas ......... ....... .._._.- ..___ 1..fir .........._.__......... .
6T 4910[i� jo hep ......................�% � ......... anp swq. eSvxaS
............. ......
VEiti- To 1 410 atlq. ,To Teas pue pueu Sm ssauq.tr, 'uoTgn SjTq.aGo os
'hI d xooTolo� �e ........6T �.Q.� _ B
uo pTau Suzq.aauz u q.'e TTounOD -q-z0 auq. �q passed STnp aoueuTp,zo uv jo Sdoo
q.oaa,aoo TM arn.zq. 'e agngzq.suoo seRed Ou-coDeao,T aqq. SjTqao Sgazau (sexas
SAF To Sq -z0 Gqq. So �xegazoas Sq.zo 9uzq.o'e pine PG-EJTTPnb
'paq.u-Eocdd�e n a ................
T p u� ze"C.i�t °... - hi ................. �I
................................... .
0 KlI` OD d0 XSNII00
0 Mal d0 HIVIS
gas Highway Department
l.m 452
(Federal Aid Projects)
RESOLUTION OF MUNICIPALITY REGARDING
TRAFFIC REGULATION ON FEDERAL HIGHWAY
WHEREAS, The State Highway Department of.the State of Texas is desirous of construct-
. . ....... ............. Highway No. . .....
... .
_............... ....... ..... .......................... ... ... .... _......... ................ ....... ........ ........ ..................... ..:.:....................................... .....:.................................. -..........................................................
... _
throughthe City of...................................................................... over.... ... ....... i ... . ...
...........
................... re .............. ... ......... ....... .
....................................................... .......... ............ ..................__.......................... ....: ; and,
to U.s. 75
WHEREAS, the State Highway Department is desirous of receiving Federal Aid for the
improvement of said highway; and,
WHEREAS; the Public Roads Administration of the Federal. Works Agency of the United
States of America will not participate in the construction of said highway until
and unless the City of will agree to refrain from permitting
encroachments upon the righit way of said above mentioned streets, and until and
unless the City of will agree -to refrain from passing ordi-
nances or laws fixing a speemit of under twenty miles per hour on said above
mentioned streets; and until and unless the City of Anna will
agree to -refrain from erecting signs, semaphores, and signals that will give prefer-
ence to local routes or that will hinder or delay traffic on said above mentioned
streets.
THEREFORE, be it resolved by the ...... ._._ of the City
of ............. -................ .................................. ..................... ..that, for and in consideration of the State Highway
Departs of the State of Texas and the Public Roads Administration of the Federal
Works Agency of the United States of America constructing said Highway No. ...................
through the City ofover
.................--...._..................................._...................................................................................................
it hereby agrees with the State Highway Department of the State of Texas and the
Public Roads Administration of the Federal Works Agency of the United State$ of
America that it will not, in the future, permit encroachment on the right-of-way
of said above mentioned streets; nor will it pass an ordinance or laws fixing a
speed limit on the above mexitioned streets of under twenty miles per hour, nor will
it allow the erection of signs, semaphores, and signals that will give preference
to local routes which intersect with said above mentioned streets nor that will slow
up, hinder, or delay traffic on said above mentioned streets; nor will it repeal or
amend any of the provisions of this resolution wihtout the consent of the State
Highway Commission,
This 's to certify that the above resolution was adopted and passed at a
' '
...... ..... ........_ .......... meeting
of the
on ... .......... aG%......... ......194.._
Signed:j L G4
ty�
Title ",.....
6-35%74 R2