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HomeMy WebLinkAbout12116 ORD - 06/05/1974• T11E STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 5th day of June, 1974, the City Council of the City of Corpus Christi, Texas, convened in Special Meeting, with the following members of said Council present, to -wit: Jason Luby, Mayor, Ricardo Gonzalez, Capt. J. T. Acuff, Rev. Harold T. Branch, Commissioners, Thomas V. Gonzales,. Gabe Lozano, Sr., J. Howard Stark, T. Ray Kring, City Secretary, with the following absent: constituting a quo , a which time the following among other busir.ass was transacted Mr. Luby presented for the consideration of the Cc an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council, a communication in writi pertaining to said proposed ordinance, as follows: "Corpus Christi., Texas June 5, 1974 "TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperati necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed / a /4 Li 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, 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. pectfully, Jason uby MAYOR THE'CITY OF CORPUS CHRISTI, ,pp TEXAS Commissioner,)0 "6 oved 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 claUt:e of the ordinance. The motion was seconded by Commissioner y The motion was carried by an unanimous vote by the City Council, viz: AYES: Commissioners Gonzalez, Acuff, Branch, Gonzales Lozano, Sr., and Stark. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner ved that the ordinance be passed finally. The motion was seconded by Commissioner • A-m- The motion was carried by the following vote: AYES: Commissioners Gonzalez, Acuff, Branch, Gonzales, Lozano, Sr., and Stark. NAYS: 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 N0. �`��� g UN 1974 b APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS msmrely TEXAS, AUTHORIZING THE ISSUANCE OF $800,000.0 v "' CITY OF CORPUS CHRISTI TAX AND REVENUE CERTIFI tZON'` OF OBLIGATION, HE LE SERIES 1974 -A; PROVIDING FOR T ASSESSMENT, AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID CERTIFICATES AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; PROVIDING THAT SUCH CERTIFICATES WILL BE PAYABLE FROM AND SECURED BY OTHER REVENUES; PRESCRIBING THE FORM OF SAID CERTIFICATES OF OBLIGATION; AND OR- DAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, on the 24th day of April, 1974,'the City Council of said City passed an ordinance directing pub- lication of the following notice: NOTICE TO BIDDERS Sealed proposals addressed to the City Secretary of the City of Corpus Christi, Texas, City Hall, P. 0. Box 9277, Corpus Christi, Texas, 78408, will be received by the City of Corpus Christi, Texas, for: AIRPORT TOWER EXPANSION Corpus Christi International Airport until ;2:00 PJL , C.D.T., Wednesday, May 22, 1974 and immediately thereafter will be publicly opened and read aloud. Any bid received after the stated time will be returned unopened. Any bid may be withdrawn prior to the above scheduled time for the opening of bids_ No bid. may be withdrawn until the expiration'of thirty (30) days from date of opening bids_ PROJECT DESCRIPTION Major items of construction on the project shall include the construction of a five- story, 18,000 S.F., reinforced concrete - framed addition to the existing tower building, and the contract shall include all general con- struction, plumbing work, heating, -ventilating and air conditioning work, electrical work-, reworking of existing internal spaces, and site work, in accordance with- contract documents prepared by Page Southerland Page & Whittet, Architects - Engineers, 823 North Tancahua, Corpus Christi, Texas, 78401. The Information for Bidders, Form of Bid, Form'of Contract, Plans,-Speci- fications and Form of Bid Security, Performance and Payment Bond, and other contract documents are on file and may be examined without charge in the Office of the Director of Engineering and Physical Development, City Hall, Corpus.Christi, Texas, or at the office of the Architect. Copies may be obtained at the Office of the Architect upon deposit of Ten Dollars ($10.00) for each complete set. Such deposit will be refunded to each person who _ returns the plans, specifications, and other documents in good condition within five'(5) days after bid opening. A cashier's check, money order, certified check, or bank draft, from a state or national bank, payable without recourse to,the City of Corpus Christi,. Texas, in an amount tabulated in accordance with the scale provided in the specifications, must accompany each bid. Bid bonds will not be accepted. The successful bidder will be required to furnish 100; Performance Bond and Payment Bond in accordance with the Statutes of the State of Texas_ The City of Corpus Christi intends to enter into a contract for the con - struction of the Airport Tower Expansion in said City, with the lowest and best responsible Bidder, but the City reserves the right to reject any and /or all bids, to waive formalities, and in case of ambiguity or lack of clearness in stating proposal prices, to adopt such interpretation as may be most ad- vantageous to the City. The City Council intends to sell the interest bearing Certificates of Obli- gation of the City for cash for the purpose of paying the contract entered into by the City pursuant to this notice. The bidder is hereby notified that the City Council of the City of Corpus Christi has ascertained the general prevailing rates of per hour wages of all laborers, workmen, craftsmen, and mechanics for work of a similar character in the locality and to be employable on the construction of this project in said locality, whereby not less than-the general prevailing rates of per hour wages for work of a similar character in the locality and the.City of Corpus Christi, 'and tiot less than the general prevailing rates of per hour wages for legal holiday and overtime work, shall be. paid to all laborers, workmen, craftsmen, and mechanics employed on the construction of the project, and thus finds said . rates for said laborers, workmen, craftsmen, and mechanics classifications to be as follows: OVERTIME AND HOLIDAYS Any laborer, workman, or mechanic employed on this project shall be paid on the basis of eight (8) hours, constituting a day's work and all such labor _ - so employed shall be paid at the rate of one and one -half (1 -1/2) times the regular rate for every hour worked in ekcess of eight (8) hours per day and /or forty (40) hours per week, whichever is.the rester number of overtime hours_ Legal holiday work shall be paid for at two 2) times the regular governing per diem wage rates -. GENERAL PREVAILING RATE. CLASSIFICATION Asbestos Workers Boilermakers Bricklayers Carpenters Cement Masons - Electricians Cable Splicers Glaziers Ironworkers, Structural - Ornamental Reinforcing Laborers, Commercial Industrial Lathers Marble -Tile Stairs Terrazzo Workers Millwrights Painters: .Commerical, Brush Sign Paper- Spray - Tool. Tape and Bed Industrial, Brush Spray- Sand -Tool Plumbers - Pipefitters, Commercial Industrial BASIC HOURLY RATE - $6.905 7.00 6.63 5.88 _ 6.15.- 7 -50 7.625 5.06 5.54 5.435 3.55 3.55 5.90 6.03 6.69 5.79 6.04 6.19 5.79 6.04 6.29 6.50 6.75 Plasterers 6.85 Roofers 5.125, Kettlemen 5.00 Sheetmetal Ulorkers 6.35 Soft Floor Layers 5.88 Welders - Receive rate prescribed for incidental craft with which they are working Power Equipment Operators= .Heavy Equipment, Conmercial 6.00 Industrial 6.35 ,Light Equipment, Cowercial 6.375 - Industrial 5.725. Oiler, 1st Year, Commercial. 4.7.75 Industrial 5.125 Oiler, 2nd Year, Connercial 4.925. _ Industrial 5.275 CITY OF CORPUS CHRISTI, TEXAS Jason Luby, Mayor Marvin Tovmsend, City Manager 1st Insertion April 29, 1974 2nd Insertion May 6, 1974 3rd Insertion May 13, 1974 r � AIRPORT TOWER EXPANSION Corpus Christi International Airport Corpus Christi, Texas PROPOSAL FOR LUMP SUM CONTRACT Place: Corpus Christi, Texas Date: May 22 1974 Proposal of Lambert 6 Fondren Inc. a corporation organized and existing under the laws Of the State of Texas or a partnership consisting of TO THE CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS. Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment; and to perform the work required for the construc- tion of the Airport Tower.Expansion at the Corpus Christi International Airport, complete, in accordance with plans, specifications, and other contract documents prepared by Page, Southerland, Page and Whittet, Architects- Engineers, Corpus Christi, Texas,. at the locations set out by the plans and specifications, and in strict accordance with the contract documents for the following price, to wit: BASE BID: Six hundred, fifty-eight thousand four DOLLARS($ 658,400.00--- ------ ) hundred The Bidder agrees that the following named persons will serve as Company or Corporation Officer -in- Charge of the overall project, and as the on- site Construction Superintendent, and will continue in these capacities until final acceptance of the Project by the Owner: Officer -in- Charge Jerry Fondren Construction Superintendent John Houston The undersigned hereby declares that he has visited the sites and has carefully examined the plans, specifications and contract documents re- lating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of notice of the acceptance of the bid, we will execute the formal contract attached within ten days, and will deliver a Performance Bond for the faithful performance of this contract, and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of Fifteen thousand dollars ($15,000.00 ------------- ) is to become the property of the City of Corpus Christi in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional work caused thereby. Number of Signed Sets of Documents: The contract and all bonds will be prepared in not less than five counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 250 working days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do every- thing required to carry out the above - mentioned work covered by this proposal in strict accordance with the contract documents, and the re- quirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (give addenda number): Addenda 1 & 2 The undersigned agrees that this proposal will remain good and in effect for, a period of thirty (30) days after the date of bid opening. Respectfully submitted, Lambert & Fondren, Inc. ,,y$EAL - if M'gder a By: Ls�11 „i corpora, tlon) P. 0 Box 6422 - Corpus Christi, Texas 78411 <! (Business Address Complete) -2- 0 ; and WHEREAS, the aforesaid Notice was duly published on May 6, 1974, and on May 13, 1974, in a newspaper as defined in Article 28a, V.A.C.S, as amended, of general circulation in the City, the date of the first publication being no less than four days prior to the date set for the receipt of bids; and WHEREAS, at the time and on the date specified in said Notice the bids were publicly opened and read aloud pursuant to said Notice; and WHEREAS, the lowest and best responsible bidder is hereby found and determined to be Lambert & Fondren, Inc,, P. 0. Box 6422, Corpus Christi, Texas; and WHEREAS, a true and correct copy of the Sealed Bid submitted by said Company is attached to this Ordinance and made a part hereof for all purposes; and WHEREAS, on the 22nd day of May, 1974, the City Council of said City passed an ordinance authorizing and directing notice of its intention to issue the Certificates of Obligation herein authorized to be issued to be published in a newspaper as required by Section 8(b) of V.A.C.S.; and WHEREAS, said notice was published as required by said Section 8(b) on May 22, 1974, and on May 29, 1974; and WHEREAS, no petition, signed by 5% of the qualified electors of said City as permitted by said Section 8(b) pro- testing the issuance of such Certificates has been filed; and F J WHEREAS, the City of Corpus Christi is authorized by Article 1269j -5, V.A.C.S. to secure and pay bonds by and from the Pledged Revenues as hereinafter defined; and WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered pursuant to Article 2368a.1,V.A.C.S., as amended; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. ACCEPTANCE OF BID. That the aforesaid bid of Lambert & Fondren, Inc., is hereby accepted. Section 2. CONTRACT. That the Notice to Bidders, together with the Bid submitted by Lambert & Fondren, Inc., the contract documents, and the provisions of this Ordinance accepting such Bid as aforesaid, shall collectively constitute a firm and binding contract between the City and said Company for construction of the public work described therein. Section 3. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That said City's Certificates of Obligation, to be designated the "City of Corpus Christi Tax and Revenue Certificates of Obligation, Series 1974 -A, are hereby autho- rized to be issued and delivered in the principal amount of $800,000.00 for the purpose of paying the contractual obliga- tion represented by the above described contract for the construction of a public work (enlarging the City's airport by airport tower expansion), and for the payment of contractual obli tions for professional services (including engineering, archi- tectural, attorneys, financial advisors, and fiscal agent). ri . Section 4. DATE, DENOMINATION,•MATUR'ITIES. That said Certificates of Obligation shall be dated June 1, 1974, shall be in the denomination of $5,000 each, shall be numbered consecutively from 1 through 160, and shall mature serially on June 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS 1976 $ 50,000 1977 50,000 1978 50,000 1979 50,000 1980 50,000 1981 50,000 1982 50,000 1983 50,000 1984 50,000 1985 50,000 1986 50,000 1987 50,000 1988 50,000 1989 50,000 1990 50,000 1991 50,000 Section 5. INTEREST. That the Certificates of Obligation shall bear interest from their date until maturity at the following rates: Certificates maturing during the years 1976 through /f_U - - -- per annum; Certificates maturing during the years 11fo through Z213 - - -- �% per annum; Certificates maturing during the years through - J. % per annum; Certificates maturing during the years �� through / - - - -% per annum; Certificates maturing during the years /M through /m - - -- .S % per annum. Said interest shall be evidenced by interest coupons which shall appertain to said Certificates of Obligation, and which shall be payable on the dates stated in the Form of Certificate) of Obligation set forth in this Ordinance. Section 6. PLACE OF PAYMENT, EXECUTION. That said Certificates of Obligation and interest coupons shall be pay- able, shall have the characteristics, and shall be signed and executed (and said Certificates of Obligation shall be sealed), n all as provided, and in the manner.indicated, in the Form of Certificate of Obligation set forth in this Ordinance. Section 7. FORM OF CERTIFICATE OF OBLIGATION, COMPTROLLER'S CERTIFICATE AND INTEREST COUPON. That the form of said Certificates of Obligation, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Certificates of Obligation, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said Certificates shall be, respectively, substantially as follows: NO. FORM OF CERTIFICATE OF OBLIGATION: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI TAX AND REVENUE CERTIFICATE OF OBLIGATION SERIES 1974 -A $ 5,000 ON JUNE 1, 19 , the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer I 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 December 1, 1974, and semi - annually thereafter on each June 1 and December 1 while this Certificate of Obligation is out- standing. The principal of this Certificate of Obligation and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, withou exchange or collection charges to the bearer, upon presentation and surrender of this Certificate of Obligation or proper interest coupon at Corpus Christi Bank & Trust, Corpus Christi, • Texas, which place shall be the paying agent for this Series of Certificates of Obligation. This Certificate of Obligation is one of a Series of Certificates of Obligation dated June 1, 1974, issued in the principal amount of $800,000, for the purpose of paying the contractual obligation to be incurred for the construc- tion of a public work (enlarging the City's airport by airport tower expansion), as described in the authorizing Ordinance, an for the payment of contractual obligations for professional services (including engineering, -architectural, attorneys, financial advisors, and fiscal agent). IT IS HEREBY CERTIFIED, RECITED, AND COVENANTED that this Certificate of Obligation has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance and delivery of this Certifi- cate of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of Obligation is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescrib by law; and that this Certificate of Obligation is additionally payable from and secured by the Pledged Revenues as described and defined in the ordinance authorizing this Series of Certificates of Obligation. • The City has reserved the right to issue additional Certificates of Obligation payable from and secured by the aforesaid Pledged Revenues. IN WITNESS WHEREOF, this Certificate of Obligation and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile on this Certificate of Obligation. City Secretary, City of Mayor, City of Corpus Corpus Christi FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptrol- ler of Public Accounts of the State of Texas. NO. WITNESS my signature and seal this Ot YubLIC Acaoun State of Texas. FORM OF INTEREST COUPON: ON 1, 19_ • THE CITY OF CORPUS CHRISTI, in the County of Nueces, State of Texas, promises to pay to bearer the amount shown on this interest coupon, 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 Corpus Christi Bank & Trust, Corpus Christi, Texas, said amount being interest due that day on the Certificate of Obligation, bearing the number hereinafter designated, of that issue of City of Corpus Christi Tax and Revenue Certificates of Obligation, Series 1974 -A, dated June 1, 1974. Certificate No. ty Secretary Mayor Section 8. DEFINITIONS. (a) The term "Federal Aviat9 Administration Tower Facilities ", as used in this Ordinance, sha] mean the addition to the City's existing air traffic control towE to be constructed with part of the proceeds of the Certificates (such tower and addition, being located on.the City's airport), together with all future improvements, extensions, enlargements, and additions thereto and replacements thereof. (b) The term "Pledged Revenues ", as used in this Ordinance, shall mean all gross revenues derived by the City from the ownership and operation of the Federal Aviation Administration Tower Facilities. (c) The term "Certificates ", shall mean the Series 1974 -A Tax and Revenue Certificates of Obligation authorized to be issued and delivered by this Ordinance. • Section 9. FUNDS. The following special funds are hereby authorized and shall be established and maintained in a depository bank of the City, so long as the Certificates, or interest thereon, are outstanding and unpaid: (a) City of Corpus Christi Tax and Revenue Certificates of Obligation, Series 1974 -A, Interest and Sinking Fund, hereinafter called the "Interest and Sinking Fund"; (b) City of Corpus Christi Federal Aviation Admin- istration Tower Facilities Revenue Fund, hereinafter called the "Revenue Fund ". Section 10. INTEREST AND SINKING FUND. On or before November 20, 1974, and semi - annually on or before the 20th day of each May and November thereafter, there shall be deposited into the Interest and Sinking Fund such amounts of Pledged Revenues as will be at least sufficient together with other amounts, if any, then on deposit therein to pay the interest and principal, if any, scheduled to come due on the Certificates on the next interest payment date. The Interest and Sinking Fund shall be used to pay the principal of and interest on the Certificates as such principal matures and such interest comes due. Section 11. TAX LEVY. All ad valorem taxes levied and collected for and on account of said Certificates of Obligation shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while • any of said Certificates of Obligation or interest coupons appertaining thereto are outstanding and unpaid, the City Council of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificates of Obligation as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Certificates of Obligation as such prin- cipal matures (but never less than 27. of the original principal amount of said Certificates of Obligation as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collec- tion. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said Certificates of Obligation or interest coupons appertaining thereto axe outstanding and unpaid; and said 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 sufficient to provide for the payment of the interest on and principal of said Certificates of Obligation, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. It is specifically provided that to the extent nece sary the payments into the Interest and Sinking Fund as herei above required shall be made from funds derived from taxation However, to the extent that there is on deposit in the Int and Sinking Fund Pledged Revenues in advance of the time when • taxes are scheduled to be levied for such year, then the amour of taxes which otherwise would be required to be levied for that year may be reduced by the amount of such Pledged Revenu then on deposit in the Interest and Sinking Fund. Section 12. SECURITY. In combination with the ad valorem taxes hereinabove levied, the Certificates and all interest thereon, are and shall be payable from and secured b the Pledged Reve:iues. Section 13. RATES. The City covenants and agrees with the holders of the Certificates that it will at all times collect for services rendered by the Federal Aviation Administration Tower Facilities such amounts as will be at least sufficient to provide Pledged Revenues which will be, together with the funds to be derived from taxation as herein - above provided, adequate to pay promptly all of the principal and interest on the Certificates, and to make all deposits now or hereafter required to be made into the Interest and Sinking Fund created and established by this Ordinance. Section 14. REVENUE FUND. All Pledged Revenues shall be deposited from day to day as collected into the Revenue Fund. The Pledged Revenues shall be de -posited from the Revenue Fund into the Interest and Sinking Fund to the extent provided hereunder. Section 15. EXCESS REVENUES. The Pledged Revenues in excess of those required for deposits pursuant to this Ordinance, may be used for any lawful purpose. • Section 16. SECURITY FOR FUNDS. All Funds created by this Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the security of public''funds, and such Funds shall be used only for the purposes and in the manner permitted or required by this Ordinance. Section 17. ADDITIONAL CERTIFICATES OF OBLIGATION. The City reserves the right to issue additional Certificates Obligation payable from and secured by the Pledged Revenues. Section 18. SALE OF CERTIFICATES. That the City of Corpus Christi Tax and Revenue Certificates of Obligation, Series 1974 -A, aggregating $800,000.00, are hereby sold and shall be delivered to j0?A the principal amount thereof and accrued interest thereon to date of delivery. Section 19. APPROVAL AND REGISTRATION OF CERTIF- ICATES. That the Mayor of said City is hereby authorized to have control of said Certificates of Obligation and all necessary records and proceedings pertaining to said Certificates of Obligation 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 Certificates of Obligation, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed � - 0 on each of said Certificates of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said Certificates of Obligation. Section 20. ARBITRAGE. That the City covenants to and with the purchasers of the Certificates that it will make no use of the proceeds of the Certificates at any time through- out the term of this issue of Certificates which, if such use had been reasonably expected on the date of delivery of the Certificates to and payment for the Certificates by the pur- chasers, would have caused the Certificates to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations, or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the Certificates not otherwise be used directly or indirectly so as to cause all or any part of the certificates to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 21. DECLARATION OF EMERGENCY. The fact that the contemplated use of the proceeds of the Certificates 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 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. Section 22. REPEAL. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. PASSED AND APPROVED this the 5th day of June, 1974. Mayor, City of Corpus Christi, Tex ATTEST /���� City Secretary, ity of us Christi,7exas The foregoing ordinance was approved prior to passage as to form and correctness thi 5th da of June, 1974. rr�STCity Attorn ey, v City of Corpus Christi, Texas