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HomeMy WebLinkAbout06568 ORD - 07/10/1962i :', 1 THE STATE OF TEXAS COUNTY OF MES • , > v'Y CITY OF CORPUS CHRISTI .'1 On this the 10th day*of July, 1962, the City Council of the City of Corpus Christi, Texas, convened in Special meeting, with the following members of said Council present, to -wit: A Ben F. McDonald, Mayor; -Tea-- R,— Sw--tner 3 Dr, James L. Barnard, J. R, De Learn, Commissioners',, M. P. Maldonado, W, J. Roberts, T. Ray Krin City'Secretary, with the following absent: constituting a quorum, at which time t 1 among other siness s transacted: Mr. resented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary, The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, July 10; 1962. TO THE CITY COUNCIL CORPUS CHRISTI, TEXAS Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance; a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council, I, there- fore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully,, /s/ Ben F.`MdDonald, Mayor." Commissioner moved that the Charter provision prohibiting ordinances from being passed finally on the date intro- duced be suspended for the reasons stated in the written request of the Mayor and stated in the a rgency// clause �7of the ordinance. The motion was seconded by Commissioner R,m- r 0-ATbe motion was carried by the unanimous vote of the City Council, Viz: AYES: Commissioners Fbamt—r=p Barnard, De Leon, Maldonado, Roberts and Young. ROES: None. The M%jor requested that the`'records show that -he voted Aye. This was done. Commissioner YC' moved that t �,7din #2ce be passed finally. The motion was seconded by, Commissioner The motion was carried by the following,votd :' ¢ "_ AYES: Commissioners ewantner, Barnard, De Leon, Maldonado, Roberts and,saFenag'. Y NOES: Hone. The Mayor requested that.the, records show that he voted Aye. Waves done. The Mayor announced that the ordinance bad been passed. The ordinance is as follows: ORDINANCE No. 658 - AUTHORIZING THE ISSUANCE OF $1,250,000.00 CITY OF CORPUS CHRISTI, TEXAS, AIRPORT RE- mDlm BONDS, SERIES 1962; BEARING EM- EST AT THE RATES HEREINAFTER SET FORTH; FOR THE PURPOSE OF REFUNDING A LIRE AMOUNT OF LEGALLY ISSUED AND OUTSTANDING BONDS OF SAID CITY; PROVIDING FOR THE LEVY, ASSESS- MENT AND COLLECTION OF A TAX TO PAY THE IN- -TEREST AND CREATE A SIRIW FUND FOR THE REDEMPTION THEREOF; PRESCRIBING THE FORM OF BONDS AND DECLARING AN EMERGENCY. WHEREAS, there are now outstanding and unpaid certain bonds of the City of Corpus Christi, Texas, constituting legal, outstanding and unpaid obligations of said City, more particularly described as follows: I ; and tl City of Corpus Christi, Texas, Airport Bonds, Series 1957, dated February 1, 1957,-originally issued in the amount of $1,750,000.00, now outstanding in the amount of $1,250,000.00, -represented by Bonds Numbers 501 to 1750, both inclusive, of the-denomination of $1,000.00 each, bearing interest at the rate of 3-34% per annum, and maturing serially throughout the years 1963 to 1972, both inclusive - - - - - - -- - - - _ _ $1,250,000.00; WHEREAS, said bonds were approved by the Attorney General of the State of Texas, were registered by the Comptroller of Public Accounts of the State of Texas and were sold and delivered in accordance with law; and WHEREAS, the City now has an option, (effective August 1, 1962), to redeem at a price of par and accrued interest all of the above described bonds which are now outstanding; and WHEREAS, it is considered and adjudged to be to the best interest of the City that said bonds of the above described issue which are now outstanding be called for redemption; and WHEREAS, the City Council has taken such steps as are legally necessary as required in the ordinance authorizing the issuance of said bonds and as required in the bonds themselves to exercise its option to redeem said bonds prior to maturity and has given such notice as is thus re- quired; and WHEREAS, Chapter 503, Acts of the Fifty Fourth Legislature, (Vernon's 717k) is applicable to this City and the City has authority to issue the Bonds hereinafter authorized under said Act; and WHEREAS, it is deemed advisable and to the best interest of the City to refund said above described into Refunding Bonds; BE IT omnm BY THE CITY COUNCIL of THE CITY .OF -CORPUS CHRISTI, TEXAS: 1. That the Bonds of the City to be called "City of Corpus Christi, Texas, Aiir ortYRefunding Bonds, Series. 1962 ",.be, issued under and by virtue of the Constitution and laws of the State of Texas, particularly Chapter 503, Acts of the Fifty Fourth Legislature`,'`(Vernon's 717k) and the Charter of said City, in the amount of One Million Two Hundred Fifty Thousand ($1,250,000.00) Dollars, for the purpose of 'refunding outstanding bonds of the City of Corpus Christi, Texas, hereinabove described. 2., That said Bonds shall be numbered 'consecutively from One (1) to One Thousand Tiro Hundred Fifty (1,250), both inclusive, of the de- nomination of One Thousand ($1,000.00) Dollars each, and shall become due and payable serially a6'f'oilows BONDS NUMBERS MATURITY DATES AMOUNTS 1 to 125 'both incl.,, July 151 1963,> a $125,000.00 126 to 250, ;," Jv]y 15, 1964, 125,000.00 251 to 375, " July 15, 1965P 125,000.00 376 to 500, July 15, 1966,, 125,000.00 " 501 to 6251, July 15, 1967, 125,000,00 626 to 750, " July 15; 1968;' 125,000.00 751 to 875, " " July 15, 19691. 125,000.00 876 to 1000, " " July 15, 1970, 125,000.00 1001 to 1125, July 15i 1971, 125,000.00 1126 to 125o.. July 15, 1972, 125,000.00 The City Council officially determines, finds and,ddelares that the maturities provided herein fixes a uniform burden of taxation through- out the term of the bond issue insofar as the financial condition of the City will permit. 3. That said bonds sba11 be dated July 15, 1962. 4. That said bonds shall bear interest from their date at the rates as follows; Bonds Nos. 1 to , both inal., % per annum; Bonds Nos. to , „ „ per annum; Bonds Nos. to , It % per annum= Bonds Nos. to �, " " i per annum, evidenced by coupons payable January 15, 1963, and semi - annually thereafter on July 15th and January 15th of each year. 5. That the principal of and interest on said bonds skull be payable upon presentation and surrender of bond or proper coupon at the Corpus Christi State National Bank, Corpus Christi, 'Texas, or, at the option of the holder at the Chase Manhattan Bank, New York, New York, without exchange or collection charges to the owner or holder thereof. 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signature of the Msyor of the City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City shell be impre� end, or printed, or lithographed on each of said bonds.. IF ' 7. The form of said bonds shall be substantially as follows: 110. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTr OF M)ECES CM ,OF CORPUS CHRISTI AIRPORT REFUNDING BOND SERIES 1962 The City of Corpus Christi, in the County of Nueces,• State of Texas, a municipal corporation duly incorporated under the laws of the State of Texas; for value received hereby promises to�pay to'the- bearer hereof on the 15th day of July, I9 , the and of CNE THOUSAND,DOLLARS * i in lawful money of the'United States of America,- with interest thereon from the date hereof at the rate of per annum�,_evidenced by coupons payable January 15, 1963, and semi - annually thereafter on July 15th and January 15th -of each year, both principal and interest payable upon presentation and sur- render of bond or proper coupon at the do OF Christi -State National Bank, Corpus Christi, Texas, oi, at the - option of'the'holder, at the Chase Manhattan Bonk, New York, New Yorki without exchange or collection ebaxges to the owner or holder hereof and the City of Corpus Christi; Texas, is hereby held and firmly bound and its full faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. This bond is one of a series of One Thousand Two Hundred Fifty (1,250) bonds of like tenor and effect, except as to number, interest rate and maturity' numbered One (1) to One Thousand Two Hundred Fifty (1,250), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, . a aggregating One Million Two Hundred Fifty Thousand ($1,250,000.00) 'Dollars, issued for the purpose of refunding a like amount of outstanding bonds of said City, as authorized by an ordinance duly passed by the•City Council of the City of Corpus Christij•Texas, duly recorded in the minutes of said City -' Council, in con o "rmity fritr the Constitution and laws of-the-State of Taxer, particularly Chapter 503, Acts of the Fifty Fourth Legislature (Vernon!s„717k)y and the Charter of said City. In addition to all other rights, the holder or holders of this bond and of the series of which it is a part is and are subrogated to all of the rights held by the holders of the original bonds refunded by this issue of refunding bonds. The date of this bond in conformity with the ordinance above mentioned is July 15, 1962. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the serie& of which it is a part, is duly authorized by law, that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly . done and performed and have happened in regular and due time, form and manner as required by law; that due provision has been made for levying and collect- ing annually by taxation an amount sufficient to pay the interest on these bonds as it falls due and to provide a sinking fund for the final redemption of said bonds at maturity; that the total indebtedness of said City of Corpus Christi, Texas, including the entire series of bonds of which this 1s one, is within every debt and other 'limit prescribed by the Constitution and laws of said State. IN WITNESS WHEREOF, this bond and the interest coupons attached hereto have been signed by the.imprliited or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signatnre,oP the City Secretary -and the official seal of said City has been duly impressed, or printed, or lithographed on this bond. "Mayor, City of Corpus Christi; Texas. COUNTERSIGNED: City Secretary, City of Corpus Christi, -� Texas. 8: The form of coupon shall be substantially as follows: No. $ ON THE 15 TH DAY OF 19 The City of Corpus Christi, Texas, will pay to bearer at the Corpus Christi State National Bank, Corpus Christi, Texas, or, at the option of the holder, at the Chase Manhattan Bank, New York, New York, without exchange or collection charges to the owner or holder hereof, the sum of Q ) Dollars, in lawful money of the United States of America, being six months' interest due that day on "City of Corpus Christi, Texas, Airport Refunding Bond, Series 1962 ", dated July 15, 1962, Bond No. City Secretary Mayor, 9e That substantially the following certificate shall be printed on the back of each bond: . OFFICE OF COMFLTROLLER STATE OF TEXAS t I HEREBY CERTIFY that there is on file and 'of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law and that, he finds that it has been issued in conformiti vith the Constitution and laws of a, y the State of Texas, and that it is a valid and binding obligation upon said City of Corpus Christi, Texas, and said bond has this day been registered by me. WITNESS MY RAND and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas., 10. That a special fund to be designated "City of Corpus Christi, Texas, Airport Refunding Bonds, Series 1962 Fund ", is hereby created and the proceeds from all taxes collected for and on account of this series of bonds shall be credited to said Fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each in- stallment of principal as it.becomes due, and said Fund shall be used for no other purpose. For each year while any of said bonds or interest thereon are unpaid, there shall be'compuOd and ascertained, at the time other taxes are ui levied, the rate of tax basdd on the latest approved rolls of said City as wil be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest as it accrues and to pay the principal as it matures, or, to provide at least Two (2%) per cent of the principal as a sinking fund, whichever is greater, full allowance being made for delinquencies and costs of collection. A tax at the rate as hereinabove determined is ordered to be levied and is hereby levied against all of the taxable property in said City for the current year and for each year thereafter while said bonds or any of them are outstanding and unpaid, the said tax each year shall be assessed and collected and placed in the Amd.hereby created and the Treasurer shall honor warrants against said Fund for the purpose of paying the interest on and prin- cipal of said bonds and for no other purpose. '11. All taxes in process of collection for the benefit of the issue of bonds refunded in this bond issue and all moneys in the sinking fund of this issue are hereby appropriatedito the interest and sinking fund of this bond issue. The Mayor and City Secretary are directed to take such steps as are necessary to transfer said Funds to the interest and sinking fund for this bond issue. 12. This issue of Bonds and the record relating thereto shall be submitted to the Attorney General of Texas, for his approval, and after he shall have approved the same, they „shall be deposited with the F w Comptroller of Public Accounts of the State of Texas, who shall promptly register them without presentation and cancellation of the oustanding bonds, and he sball deliver the Bonds in accordance;;with instruction`s- to be given by the Mayor, Upon registration of said bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's certificate of registration prescribed herein to be printed on the back of each bond, and the seal of the Comptroller shall be Impressed, or printed, or lithographed on each of said bonds. 13. This issue of Bonds is hereby sold to at a price of par and accrued interest to date of delivery, plus a premium of $ Delivery of said Bonds shall be made to the purchaser just named or to their order at said price. _14. Vpon,dellvery of.this issue of Sorids'to the purchaser, ' ' i _ s • the principal amount received from such sale, together with the amount neces- sary to pay the interest to the maturity date's thereof, shall: be immediately deposited with the State'Treasurer of the State of Texas. �In, addition thereto there shall'be deposited with the State Treasurer the amount of money which will be required to pay the fees of the bank where the outstanding bonds and interest'thereon are payable and the.fees of the State Treasurer under Chapter 503, Acts of the Fifty - Fourth Legislature: 15. The fact that the contemplated use of,the proceeds of the bonds is necessary for the orderly development and growth of the City of Corpus Christi, Texas, creates a public emergency and'an imperative public necessity requiring the suspension of the Charter Rule providing that no ordinance or resolution shad be passed finally on the date it is introduced- .and that such ordinance or resolution shall be read at three several meetings of the'City Council and the Mayor having declared that such public emergency and imperative necessity exist, and having 'requested that said Charter,Rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, it is accordingly so ordained. PASSED AND, APPROVED this the loth day of July, 1962. - � Mayor, _ ty of Corpus Chriati, ATTEST: %' City Secretary, Cit 'of C rpus Christi, Tey The foregoing ordinance was approved as to form and correctness prior to passage this 10th day of JW'Vp 1962. City Attorney, City of Corpus Christi, Texas. (SEAL) THE STATE OF TEXAS , COUATYOF MM , CITY OF CORPUS CHRISTI , I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance passed by the City Council of the City of Corpus Christi, Texas, (and of the minutes pertaining thereto) on the 10th day of July, 1962, authorizing the issuance of $1,250,000.00 City of Corpus Christi,, Texas, Airport Refunding Bonds, Series 1962, which ordinance is duly of record in the minutes of said City Council. EXECUTED UNDER MY HAND and seal of said City this the day of July, 1962. � GZrL City Secretary,ity o Corpus risti, Texas. e < "r CORPUS CHRISTI, TEXAS / 1Y / O 1 DAY OF , �9 j• F TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE— _ GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT'NO.ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. s' RESPECTFULLY, y MAYOR } THE CITY OF CORPUS CHRISTI, TEXAS .i•. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED 1.. r { BEN F. MCDONALD Qs ' t x s /\ K. TOM R. SWANTNER,,, / \/ h• DR. JAMES L. BARNARD .JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS .JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; • BEN F. MCDONALD + TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON ' Y M. P. MALDONADO N W. J. ROBERTS ` JAMES H. YOUNG ai � t • s