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HomeMy WebLinkAbout13140 ORD - 04/21/1976• THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 21st day of April, 1976, the City Council of the City of Corpus Christi, Texas, convened in Regular Meeting, with the following members of said Council and officials of said City present, to -wit: Jason Luby, Bill Tipton, DDS, Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample R. Marvin Townsend, J. Bruce Aycock, Harold F. Zick, Bill G. Read, Alton White, Jr., with the following absent: Mayor Mayor Pro -Tem Councilmen City Manager City Attorney Director of Finance City Secretary Tax Assessor - Collector None constituting a quorum, at which time the following among other business was transacted: Mr. Luby, Mayor, presented for the consideration of the Council a resolution. The resolution was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed resolution, as follows: "Corpus Christi, Texas "TO THE CITY COUNCIL Corpus Christi, Texas Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by the use of the pro- ceeds of bonds contemplated to be sold pursuant to an offering made by an Official Statement to be authorized, ratified and approved by a resolution create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring resolutions to be considered and voted upon at three regular meetings. I, therefore, request that the City Council adopt the proposed resolution authorizing, ratifying and approving the use of said Official Statement as an emergency measure. You will please consider this request in connection with the resolution which is to be introduced for adoption by the City Council on this subject. "Yours very truly, /s/ Jason Luby 1 -3:i4® Mayor Councilman tea- moved that the Charter provision prohibiting res utions from being adopted 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 the resolution. The motion was seconded by Councilman �J The motion was carried by an unanimous vote by the City Council, viz: AYES: Councilmen de Ases, Gill, Gulley, Lozano, Sample and Tipton. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. Councilman moved that the resolution be adopted finally. The motion was seconded by Councilman The motion was carried by the following vote: AYES: Councilmen de Ases, Gill, Gulley, Lozano, Sample and Tipton. NAYS: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the resolution has been adopted. The resolution is as follows: RESOLUTION //O. APPROVING THE FORM OF THE OFFICIAL STATEMENT PERTAINING TO CITY OF CORPUS CHRISTI, TEXAS,GENERAL IMPROVEMENT BONDS, SERIES 1976, AND AUTHORIZING, RATIFY- ING AND APPROVING THE OFFICIAL STATEMENT AND THE USE THEREOF IN THE OFFERING AND SALE OF SAID BONDS WHEREAS, the City of Corpus Christi is authorized to issue and sell its bonds heretofore approved at an elec- tion held December 9, 1972, all pursuant to the Constitution and laws of Texas; and WHEREAS, it is the desire of the City Council that the Official Statement pertaining to certain of said bonds designated City of Corpus Christi, Texas, General Improvement Bonds, Series 1976, and the use of said Official Statement should be duly authorized, ratified and approved. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the Official Statement, including the Bidding Conditions, as set forth herein is hereby approved as to form and content. 2. That the use of the Official Statement in the offering and sale of said bonds is hereby authorized, ratified and approved. 3. That the form of the Official Statement shall be substantially as follows, to -wit: The State of Texas County of Nueces i CERTIFICATE CONCERNING OFFICIAL STATEMENT On behalf of the City of Corpus Christi, Texas `i (the "City"), we the duly appointed and acting City Manager and Director of Finance of the City do hereby certify that .to the best of our knowledge and belief: (a) The descriptions and statements of or pertaining to the City contained in its Official Statement dated April 2, •�1976,.and any addendum thereto, for its City of Corpus Christi, ..Texas, General Improvement Bonds, Series 1976, on the date of such Official Statement, on the date of sale of said• bonds and the acceptance­of the'best bid therefor, and on the date of the delivery, were and are true and correct i in all material respects; ;t i (b) Insofar as the City and its affairs, including a fits financial affairs, are concerned, such Official Statement !i did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated ;,therein or necessary to make the statements therein, in the light of the circumstances under which they were made, :root misleading; and (c) Insofar as the descriptions and statements, ii 'including financial data, of or pertaining to semi- autonomous governmental bodies and of or pertaining to non - governmental ?bodies and their activities contained in such Official State- ment are concerned, such statements and data have been obtained_ ,I from sources which we believe to be reliable and that we have no reason to believe that they are untrue in any material respect. 4 i �I ,j ii (d) There has been no material adverse change in the financial condition of the City since July 31, 1975, the ;date of the last audited financial statements of the City appearing in the Official Statement. (e) The said Official Statement has been authorized, ratified and approved by the City Council of the City of Corpus Christi,. Texas. DATED the day of , 1976. By City Manager City of Corpus Christi By Director of Finance City of Corpus Christi (SEAL) ATTEST: i` i'City Secretary +City of Corpus Christi 4. That the necessity to approve at the earliest practicable date the form and content of the Official Statement as contained herein creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having declared such emergency and neces- sity exist, having requested the Charter rule suspension and that this resolution be passed finally on the date of it introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO RESOLVED, this the 21st day of April, 1976. THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: Q 7/!'Ge 11 dan 7� City Secretary City of Corpus Christi, Takas The foregoing resolution was approved prior to adoption as to form and correctness this the 21st day of April, 1976. i y Attorney City of Corpus isti, Texas TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 4' .. • CORPUS CHRISTI, TEXAS AY OF a 9-071f-1 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT TNAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SMALL BE READ AT THREE MEETINQS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS OR01- NA14CE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB - GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB- GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE