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HomeMy WebLinkAbout06858 ORD - 04/03/1963I MS: JKH:4 -i -63 AN ORDINANCE CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON APRIL 2, 1963, ON THE QUESTION OF- GRANTING A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIVE (5) 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 SOUTH, SOUTWEST AND NORTHWEST AREAS OF SAID CITY; CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON APRIL 2, 1963, ON THE QUESTION OF- GRANTING A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIFTEEN (15) 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 SOUTH, SOUTHWEST AND NORTK EST AREAS OF SAID CITY; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE ON THE 6TH DAY OF MARCH, 1963, AT A REGULAR MEETING, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED AN ORDINANCE CALLING AN ELECTION TO BE HELD IN SAID CITY ON THE 2ND DAY OF APRIL, 1963, ON THE FOLLOWING PROPOSITIONS: PROPOSITION A "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORA- TION A FRANCHISE FOR A TERM OF FIVE (5) 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 SOUTH, SOUTHWEST AND NORTHWEST AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE NO. 6757, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 9TH DAY OF .JANUARY, 1963?° PROPOSITION B "SHALL THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION A FRAN- CHISE FOR A TERM OF FIFTEEN (15) YEARS FOR THE PUR- POSE 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 SOUTH, SOUTHWEST AND NORTH - WEST AREAS, ALL AS PROVIDED IN THE FORM OF ORDINANCE GRANTING SUCH FRANCHISE AS SET OUT IN ORDINANCE NO. 6812. PASSED AND APPROVED BY THE CITY COUNCIL ON THE 6TH DAY OF MARCH, 1963 ?" F � � AND 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 THECITY SECRETARY; AND '- dHEREAS, SAID ELECTION WAS DULY AND LEGALLY HELD ON THE 2ND DAY OF APRIL, 1963, 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 2ND DAY OF APRIL, 1963; AND WHEREAS, IT APPEARS TO THE COUNCIL AND THE COUNCIL $O 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 ENACT AN ORDINANCE GRANTING A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIVE (5) YEARS---------------------- - - - - -- 4,340 AGAINST AUTHORIZING THE CITY COUNCIL TO ENACT AN ORDINANCE GRANTING A FRAN- CHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIVE (5) YEARS---------- - - - - -- 3,257 PROPOSITION B: FOR AUTHORIZING THE CITY COUNCIL TO ENACT AN ORDINANCE GRANTING A FRANCHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION 11 FOR A TERM OF FIFTEEN (15) YEARS------------------ - - - - -- 3,5401 AGAINST AUTHORIZING THE CITY COUNCIL TO ENACT AN ORDINANCE GRANTING A FRAN- CHISE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FOR A TERM OF FIFTEEN (15) YEARS---------------------------------------- - - - - -- 3,669 AND WEREAS, THE COUNCIL, HAVING FULLY CHECKED ALL OF THE PROCEDURE RELATIVE TO SUCH ELECTION, AND IT APPEARING TO THE COUNCIL, AND THE -2- • COUNCIL SO FINDS, THAT A MAJORITY OF THE LEGALLY QUALIFIED VOTERS OF AND WITHIN THE CITY OF CORPUS CHRISTI VOTED IN FAVOR CORPUS AUTHORIZING MUNICIPALNGASG OF A FRANCHISE FOR A TERM OF FIVE (5) YEAR S TO CORPORATION IN THE AREAS DESCRIBED IN SAID ORDINANCE CALLING SAID ELECTION WITHIN THE CITY OF CORPUS CHRISTI, O STIY LEGALLY THE GRANTING OF VOTERS OF AND WITHIN THE CITY OF CORPUS CH R A FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS TO SAID CORPUS CHRISTI MUNICIPAL GAS CORPORATION; AND WHEREAS, THE SAID FRANCHISE FOR A TERM OF FIVE YEARS IN THOSE AREAS OF THE CITY DESCRIBED AS IN THE FRANCHISE,AND IN SAID ORDINANCE THE CITY CALLING THE ELECTION ON SAID FRANCHISE, HAS ALREADY ALLY PASSEDR ON7 THE 9TH DAY COUNCIL BY THE TERMS OF ORDINANCE No. 6757 O IS NOW RATIFIED AND CONFIRMED BY THE F JANUARY, ty63, AND SAID GRANTING REFERENDUM VOTE OF THE QUALIFIED VOTERS OF THE CITY AT SAID ELECTION DULY HELD ON THE 2ND DAY OF APRIL, 1963= NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION �. THAT THE RETURNS OF THE ELECTION HELD ON THE 2N❑ VOTING PLACES AS PROVIDED FOR DAY OF APRIL, 1963) AT THE VARIOUS PRECINCT IN SHE ORDINANCE ORDERING THE ELECTION, WHICH ORDINANCE WAS PASSED ON THE 6TH DAY OF MARCH, 1963, AT A REGULAR MEETING, 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, ARE HEREBY RECEIVED AND HEREBY CANVASSED AND THE RESULTS THEREOF ARE HEREBY DECLARED AS FOLLOWS: -3- • SECTION Z. THAT THE FRANCHISE HERETOFORE GRANTED BY THE TERMS OF ORDINANCE No. 6757 FINALLY PASSED ON THE 9TH DAY OF JANUARY, 1963 IS HEREBY DECLARED TO BE RATIFIED AND CONFIRMED BY THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI AT THE GENERAL ELECTION DULY HELD ON APRIL 2, 1963, AND THE SAID FRANCHISE AS DESCRIBED IN SAID ORDINANCE NO. 757 FOR THE TERM OF FIVE (5) YEARS, IS HEREBY RATIFIED AND CONFIRMED. SECTION 3. THE FACT THAT IT IS OF PUBLIC IMPORTANCE TO THE RESIDENTS OF THE CITY OF CORPUS CHRISTI TO MAKE AN IMMEDIATE RECORD OF THE RESULTS OF THE ELECTION HELD ON APRIL Z, 1963, CREATES A PUBLIC EMERGENCY THE SUSPENSION OF THE CHARTER AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND REQUIRING 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 ORDI- NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE RD DAY OF APRIL, 1963- MAYOR le• em THE CITY OF CORPUS CHRISTI) TEXAS ATTEST: I CITY SECRETA APPROVED AS TO LEGAL FORM HIS THE RD DAY OF AP IL, 1963= CITY A ORN Y • i Corpua Christi, xas day of 19- 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. Respectfully, MAYOR PIC01.10M THE CITY OF CORPUS CHRISTI. TEXAS The Charter rule was suspended by the follow ng vote; Ben F. McDonald Tom R. Swantner a Dr. James L. Barnard Jose R. DeLeon M. P. Maldonado W. J. Roberta James H. Young The above ordinance was passed by the fall t Ben F. McDonald Tom R. Swantner Dr. James L. Barnard Jose R. DeLeon M. P. Maldonado W. J. Roberts James H. Young