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HomeMy WebLinkAbout06746 ORD - 01/02/1963�. JKH:1 -2 -63 • AN ORDINANCE CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON DECEMBER 29, 1962, ON THE QUESTION OF GRANTING A FRANCHISE TO SOUTHERN COMMUNITY GAS COMPANY FOR THE CONSTRUCTION AND OPERATION OF GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI CONCERNING THE TWO SEPARATE AREAS IN THE CENTRAL AND SOUTH AREAS, AND IN THE NORTH- WEST AREA OF THE CITY; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE ON THE 7TH DAY OF DECEMBER, 1962, AT A REGULAR MEETING CONTINUED FROM THE 5TH DAY OF DECEMBER, 1962, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED AN ORDINANCE CALLING AN ELECTION TO BE HELD IN SAID CITY ON THE 29TH DAY OF DECEMBER, 1962, ON THE FOLLOWING PROPOSITIONS: AND PROPOSITION A "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY A FRANCHISE FOR A TERM OF TWENTY -SEVEN (27) YEARS FOR THE PURPOSE OF CONSTRUCT- ING AND OPERATING GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, ALLEYS, AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, CONCERNING THE CENTRAL AND SOUTH AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE NO. 6715, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 7TH DAY OF DECEMBER, 1962?^ PROPOSITION B "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY A FRANCHISE FOR A TERM OF TWENTY -SEVEN (27) YEARS FOR 'THE PURPOSE OF CONSTRUCTING AND OPERATING GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, ALLEYS, AVENUES AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, CONCERNING THE NORTHWEST AREA, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE NO. 6718, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 7TH DAY OF DECEMBER, 19622" WHEREAS, NOTICE OF SAID ELECTION WAS ACTUALLY GIVEN AS REQUIRED BY LAW AND AS DIRECTED IN THE ORDINANCE CALLING THE ELECTION, AS IS SHOWN BY AFFIDAVITS PROPERLY FILED IN THE OFFICE OF THE CITY SECRETARY; AND 67916 WHEREAS, SAID ELECTION WAS DULY AND LEGALLY HELD ON THE 29TH DAY OF DECEMBER, 1962, IN CONFORMITY WITH THE ELECTION ORDINANCE HERETOFORE PASSED BY THIS COUNCIL AND THE RESULT OF SAID ELECTION HAS BEEN CERTIFIED AND RETURNED TO THIS COUNCIL BY THE PROPER JUDGES AND CLERKS THEREOF; AND WHEREAS, THIS COUNCIL HAS TODAY CONSIDERED THE RETURNS OF SAID ELECTION ON THE PROPOSITIONS HEREINABOVE STATED, WHICH WAS HELD ON THE 29TH DAY OF DECEMBER, 1962; AND WHEREAS, IT APPEARS TO THE COUNCIL AND THE COUNCIL SO FINDS THAT SAID ELECTION WAS IN ALL RESPECTS LAWFULLY HELD AND SAID RETURNS DULY AND LEGALLY MADE AND THAT THERE WERE CAST AT SAID ELECTION THE FOLLOWING VOTES: PROPOSITION A: TOTAL VOTES FOR AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE CENTRAL AND SOUTH AREAS OF THE CITY TO SOUTHERN COMMUNITY GAS 2494 COMPANY FOR A TERM OF TWENTY -SEVEN (27) YEARS. . . . . AGAINST AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE CENTRAL AND SOUTH AREAS OF THE CITY TO SOUTHERN COMMUNITY GAS COMPANY FOR A TERM OF TWENTY -SEVEN (27) YEARS. . . . . 1451 PROPOSITION B: FOR AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE NORTHWEST AREA OF THE CITY TO SOUTHERN COMMUNITY GAS COMPANY FOR 24079 A TERM OF TWENTY -SEVEN (27) YEARS. . . . . . . . . . . AGAINST AUTHORIZING THE CITY COUNCIL TO GRANT A FRANCHISE ON THE NORTHWEST AREA OF THE CITY TO SOUTHERN COMMUNITY GAS COMPANY 1405 FOR A TERM OF TWENTY -SEVEN (27) YEARS. . . . . . . . . . AND WHEREAS, THE COUNCIL, HAVING FULLY CHECKED ALL OF THE PROCEDURE RELATIVE TO SUCH ELECTION, AND IT APPEARING TO THE COUNCIL, AND THE COUNCIL SO FINDS, THAT A MAJORITY OF THE LEGALLY QUALIFIED VOTERS OF AND WITHIN THE CITY OF CORPUS CHRISTI VOTED IN FAVOR OF AUTHORIZING THE GRANTING TO SOUTHERN COMMUNITY GAS COMPANY A FRANCHISE IN THE SEPARATE AREAS -2- I -� 0 DESCRIBED AS THE CENTRAL AND SOUTH AREAS AND IN THE NORTHWEST AREA OF THE CITY AS STATED IN THE HEREINABOVE DESCRIBED PROPOSITIONS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE RETURNS OF THE ELECTION HELD ON THE 29TH DAY OF DECEMBER, 1962, AT THE VARIOUS PRECINCT VOTING PLACES AS PROIVDED FOR IN THE ORDINANCE ORDERING THE ELECTION, WHICH ORDINANCE WAS PASSED ON THE 7TH DAY OF DECEMBER, 1962, AT A REGULAR MEETING CONTINUED FROM THE 5TH DAY OF DECEMBER, 1962, AND ALL OF SAID VOTING PRECINCTS AND VOTING PLACES BEING IN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND ALL BEING CONVENIENT PLACES WITHIN THE SAID CITY LIMITS, THE RETURNS OF SAID ELECTION ARE HEREBY RECEIVED AND ARE HEREBY CANVASSED AND THE RESULTS THEREOF ARE HEREBY DECLARED AS FOLLOWS: -3- OBPICIAL TALLY �csAr. zr�v�rxoa CISi O! CoFWM CffiIL�FI, TEXAS baa 29, Ig52 Re- Oran %1nB oP 27-Yg• 8rsnaiti ®e to Bonthma Ca t? Co. PROP08PaIOR A PROP0S TION R /a Central & South Ares at Area i Ror pgainat For Tats1 oim%mlS cam Rom d !" ,I Wyn anna JR. R=OS SCHOOa. And s' / .Q J' % • f LnMas a9'IOA wwzw RAMW JR. Rim SCROD Q 3 9J 3 c LMM SCHOOL OAX PARK 8CROM 3 7 0 10 3q no= xMORM SMOM -KMAT RIGS BMKOCI ,imm AWMEM ?m TOTALS toy, SECTION 2. THE FACT THAT IT IS IMPORTANT TO THE RESIDENTS OF THE CITY OF CORPUS CHRISTI TO MAKE AN IMMEDIATE RECORD OF THE RESULTS OF THE ELECTION HELD ON DECEMBER 29, 1962, SO THAT ADEQUATE PROVI- SIONS MAY BE MADE TO PROVDE LONG -TERM SUPPLY OF GAS FOR THE CITY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND REQUIREING 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 PUBLIC NECESSITY EXISTS, 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 THIS THE_ OF JANUARY, 1963• MAYOR ATTE2SE THE CITY OF CORPUS CHRISTI, XAS 1 T C RET41RY J APPROVED AS TO LEGAL FORM TH !1 DAY OF JANUARY, 1963: ' i Ll-e Z CITY ATTOR EY v • • CORPUS CHRIS TEXAS DAY 0 , t9z's 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; 1, 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. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRI. , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD ` Tom R. SW4NTNER DR. JAMES L. BARNARD. JOSE R. DELEON M. P. MALDONADD W. J. ROBERTS ✓ JAMES H. YOUNG ✓ G THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS , V JAMES H. YOUNG s'� or