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HomeMy WebLinkAbout07807 ORD - 11/30/1965THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 30th day of November, 1965, the City Council of the City of Corpus Christi, Texas, convened in Special Meeting, with the following members of said Council present, to -wit: Dr. McIver Furman Mayor Jack R.'Blackmon Wm. H. Wallace Patrick J. Dunne Commissioners Dr Ken McDaniel 'T. Ray Kring City Secretary with the following absent: T)r, h sTmi -a-z T anW c 1 11 OI�/7ie S constituting a quorum, at which time the following among other business was transacted: Mr. presented for the considera- tion of the Council an ordinance• The ordinance was read by the City Secretary. VetaMning ayor presented to the Council a communica- tion in writing to said proposed ordinance, as follows: "Corpus Christi, Texas November 30, 1965 "TO THE CITY COUNCIL CORPUS CHRISTI, TEXAS Gentlemen: " ,The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds voted at elections held on January 28, 1961 and June 27, 1964, create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore request that the City Council pass the proposed -780'7 .A, ordinance authorizing the issuance of $1,700,000 General Improvement Bonds as an emergency. You will please consider this request in connection with the ordinance which has been introduced in the City Council on this subject. "Yours very truly, /s/ McIver Furman, Mayor." Commissioner moved that the Charter provision prohibiting ordinances from being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayor and stated in the emergency clause of a ordinance. The motion was seconded by Commissioner XyaL The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Blackmon,,Wallace, Dunne, ene McDaniel and k6 . NOES: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner ^oved that the ordinance be pasApd finally. The motion was seconded by Commissioner The motion was carried by the following vote: AYES: Commissioners Blackmon, Wallace, Dunne, TL e McDaniel an Siz mo . NOES: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: ORDINANCE NO. a BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $1,700,000 CITY OF CORPUS CHRISTI, TEXAS, GENERAL IMPROVEMENT BONDS, SERIES 1965, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESS- MENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. WHEREAS, it is deemed advisable and to the best inter- est of the City that various purpose bonds authorized at election heretofore held in said City be combined in a single issue and sold at this time, the dates of election, amount of bonds authorized thereat, purpose, amount of bonds previously sold and the amount now to be sold being as follows: DATE OF AMOUNT AMOUNT PRE - AMT NOW ELECTION AUTHORIZED PURPOSE VIOUSLY SOLD OFFERED 1/28/61 $1,360,000 Westside Sewer Imp. $1,135,000 $225,000 6/27/64 1,500,000 Sanitary Sewer 750,000 350,000 6/27/64 1,360,000 Storm Sewer 595,000 425,000 6/27/64 800,000 Park Improvement 400,000 250,000 6/27/64 500,000 Museum 50,000 450,000 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That said City's coupon bonds to be designated the "City of Corpus Christi, Texas, General Improvement Bonds, Serie: 1965," are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,700,000 for the following purposes; to -wit: $225,000 for the purpose of constructing a westside sewer trunk main and laterals and other general sewer system improvements; $350,000 for the purpose of constructing improve- ments to the sanitary sewerage system of the City; $425,000 for the purpose of constructing drainage improvements in said City; $250,000 for the purpose of purchasing and /or improving lands fo: park purposes at the following parks, to -wit: West Guth, Meadow, Oso, Elgin, Nueces River, Schanen, Malibu, Poenisch, Lamar, Meadowbrook and Cullen; and $450,000 for the purpose of p funds for permanent public improvements, to -wit: a museum building. 2. That said bonds shall be dated December 1, 1965, shall be numbered consecutively from 1 through 340, shall be in the denomination of $5,000 each,and shall mature and become due and payable serially on December 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS 1966 $90,000 1976 $90,000 1967 90,000 1977 90,000 1968 90,000 1978 90,000 1969 90,000 1979 90,000 1970 90,000 1980 90,000 1971 90,000 1981 90,000 1972 90,000 1982 90,000 1973 90,000 1983 90,000 1974 90,000 1984 80,000 1975 90,000 3. That as to said bonds scheduled to mature on and after December 1, 1975, said City shall have the right and option to redeem such bonds prior to their scheduled maturities, in whole, or in part in inverse numerical order, on December 1, 1974 or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption, plus a premium of 2z7, such premium to be reduced on December 1, 1975 to 2 %, with a further reduction of 1/2 of 1% on December 1 of each year through December 1, 1979. There shall be no premium on such bonds which may be redeemed December 1, 1979, or on any interest payment date thereafter. At least thirty days before the date fixed for any such redemption, the City shall cause a written notice of such redemption to be published at least once in a financial publica- tion printed in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be so redeemed, plus accrued interest thereon to the date fixed for redemption and any premium as required above. If the written notice of redemption is published, and if due pro- vision for payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded -as being outstanding except for the purpose of receiving the funds so provided for such payment. 4. That said bonds shall bear interest from their date, until maturity or redemption, at the following rates: all bonds scheduled to mature during the years 19J( through 191F- - -- % per annum; all bonds scheduled to mature during the years 19_Lo through 19_Z� - - -- % per annum; all bonds scheduled to mature during the years 19_72 through 1910---- 3 ���/ per annum; all bonds scheduled to mature during the years 19_U through 191�-- -- 3.-re % per annum; all bonds scheduled to mature during the years 19_ through 19_ - - -- % per annum; with said interest to be evidenced by interest coupons payable on June 1, 1966, and semi - annually thereafter on each December 1 and June 1. 5. That the principal of and interest on said bonds shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of proper bond or interest coupon, at Corpus Christi State National Bank, Corpus Christi, Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, which places shall be the paying agents for said bonds. 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City shall be impressed, or printed, or lithographed on each bf said bonds. 7. That the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts o the State of Texas to be printed and endorsed on each bond, and the form of the interest coupons to be attached to said bonds, shall be,'respectively, substantially as follows: (FORM OF BOND) NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND SERIES 1965 On December 1, 19_, the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable June 1, 1966, and semi - annually thereafter on each December 1 and June 1 while this bond is outstanding. The principal of this bond and the.interest coupons attached hereto shall be payable tc bearer, in lawful money of the United States of.America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the Corpus Christi State National Bank, Corpus Christi, Texas, or, at the option of the bearer, at The Chase Manhattan Bank (Nation+ Association), New York, New York, which places shall be the payk agents for this Series of bonds. This bond is one of a Series of coupon bonds dated December 1, 1965, issued in the principal amount of $1,700,000 for the following purposes, to -wit: $225,000 for the purpose of constructing a westside sewer trunk main and laterals and other general sewer system improvements; $350,000 for the purpose of constructing improvements to the sanitary sewerage system of the City; $425,000 for the purpose of constructing drainage improve- ments in said City; $250,000 for the purpose of purchasing and /or improving lands for park purposes at the following parks, to -wit: West Guth, Meadow, Oso, Elgin, Nueces River, Schanen, Malibu, Poenisch, Lamar, Meadowbrook and Cullen; $450,000 for the purpo of providing funds for permanent public improvements, to -wit: a museum building. The bonds of this Series scheduled to mature on and after December,l, 1975, may be redeemed prior to their scheduled maturities, in whole, or in part in inverse numerical order, at the option of said City, on December 1, 1974, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption, plus a premiun of 2z%, such premium to be reduced on December 1, 1975 to 2 %, wit a futher reduction of 1/2 of 1% on December 1 of each year throu; December 1, 1979. There shall be no premium on such bonds which may be redeemed December 1, 1979, or on any interest payment dat thereafter. At least thirty days before the date fixed for any such redemption the City shall cause a written notice of such redemption to be published at least once in a financial publica- tion printed in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be redeemed, plus accrued interest thereon to the date fixed for redemption, and any premium as' required above. If the written notice of redemption is published, and if due provision for such payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. It is hereby certified and recited that this bond has been duly and validly voted, authorized, issued, and delivered in accordance with the Constitution and laws of the State of Texas; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that the ad valorem taxes, upon dll taxable property in said City, necessary to pay the interest on and principal of this bond, as such interest comes due, and such principal matures, have been pledged irrevocably for such purpose, within the limit prescribed by law. In witness whereof, this bond and the interest coupons attached hereto have been signed by the imprinted or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or printed, or lithographed on this bond. City Secretary, City of Mayor, City of Corpus Christi Corpus Christi, Texas Texas (FORM OF REGISTRATION CERTIFICATE) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas; and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (FORM OF INTEREST COUPON) NO. On , 19_, the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer, unless due provision has been made for the redemption prior to maturity of the bond to which this interest coupon is attached, the amount of Dollars in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon, at the Corpus Christi State National Bank, Corpus Christi Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, said amount being interest due that day on the bond, bearing the number hereinafter designated, of that issue of City of Corpus Christi, Texas, General Improvement Bonds, Series 1965, dated December 1, 1965. Bond No. City Secretary Mayor 8. That a special fund or account, to be designated the "City of Corpus Christi, Texas, General Improvement Bonds, Series 1965, Interest and Sinking Fund" is hereby created and shall be established and maintained by said City at its official depository bank. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All taxes levied and collected for and on account of said bonds shall be deposited, as collected, t the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allowances being made for tax delinquencies and costs of tax collections, which will be sufficient to raise and produce the money required to pay the interest on said bonds as such interest comes due, and to provide a sinking fund to pay the principal of such bonds as such principal matures, but never less than 2% of the original principal amount of said bonds as a sink- ing fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes necessary to pay the interest on and principal of said bonds, as such interest comes due, and such principal matures, are hereby pledged irrevocably for such purpose, within the limit prescribed by law. 9. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each bond, and the seal of said Comptroller shall be impressed, or printed, or lithographed on each of said bonds. 10. T�said bonds �re hereby s ld and shams be I A? delivered to for the principal amount thereof and accrued interest to the date of delivery, plus a premium of $. 11. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. 12. 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 shall be passed finally on the date i� 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 30th day of November, 196 Mayor, City of Corpus Christi, Texas ATTES . City -Secret hr City of Corpus Christ Texas The foregoing ordinance was approved rior to passage as to form and correctness this f3D�ay of �J 1965. C ty Attorney KAity of p s Christi, Texas i. c THE STATE OF TEXAS i COUNTY OF NUECES 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 30th day of November, 1965, authorizing the issuance of $1,700,000 City of Corpus 6hristi, Texas, General Improvement Bonds, Series 1965, which ordinance is duly of record in the minutes of said City Council. EXECUTED UNDER MY HAND and seal of said City this the 30th day of November, 1965. (SEAL) City Secretary, City of Corpus Christi, Texas