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Home My WebLink About02145 ORD - 09/09/1947Ali ORDINANCE NO. - BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY SECRETARY TO GIVE NOTICE TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI, TEXAS, WHOSE NUT--S, APPEAR ON THE LAST APPROVED TAX ROLLS OF SAID CITY, AS PROPERTY TAX PAYERS, IN PURSUANCE TO THE PROVISIONS OF THE "BOND AND WARRANT LAW OF 1931 ";PROVIDING FOR TIM PUBLICATION OF SUCH NOTICE FOR A.PERIOD OF FOUR- TEEN (14) DAYS AND AFFORDING AN OPPORTUNITY TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI TO FILE A PETITION FOR A REFERENDUM ELECTION UPON THE 14UESTION OF 1r9H?T,FM OR NOT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SHALL SUBMIT TO SUCH 14UALI- FIED VOTERS THE PROPOSITION WHETHER OR NOT BONDS SHALL BE ISSUED BY SAID CITY IN THE SUM OF TWO MILLION ONE HUNDRED AND T ,TTY THOUSAND DOLLARS ($"2,120,000.00), PAYABLE OUT OF TIE] REVENUES OF THE HATFHKORKS SYSTEM, FOR THE PURPOSE OF PAYING OFF A JUDGMENT AGAINST THE CITY OF CORPUS CHRISTI RENDERED BY THE COURT OF CIVIL APPEALS, 10TH SUPREME JUDICI$L DISTRICT, :TACO, TEXAS, AT-,TD AFFIRMED BY THE SUPREME COURT OF THE STATE OF TEXAS, SAID CASE BEING STYLED FRED P. HMARD, ET AL VS. THE CITY OF CORPUS CHRISTI, ET AL, AND BEING NUMBERED 2666 ON THE DOCICi;T OF THE COURT OF CIVIL APPEALS AND DECLARING AN EMERGENCY. WHEREAS, the Court of Civil Appeals, 10th Supreme Judicial District, Waco, Texas, has rendered a judgment in Cause No. 2666 on the docket of said court, styled Fred P. Hayward, at al vs. The City of Corpus Christi, at al, said judgment having been affirmed by the Supreme Court of Texas and being in the sum of One Million Eight Hun- dred and Thirty -three Thousand Five Hundred and Fifty -eight Dollars and Seven Cents (01,833,558.07) and bearing interest at the rate of six (6 %) per cent per annum from May 5, 1945, until the payment of said judgment; and, MMEAS, there is now due approximately the sum of Two Million One Hundred and Twenty Thousand Dollars ($2,120,000.00), same being principal of the judgment, interest and costs; and, ViHEREAS, a mandate has been issued by the Court of Civil Appeals, 10th Supreme Judicial District of Texas, in pursuance to the above mentioned judgment ordering the City of Corpus Christi to pay said judgment; and, WHEREAS, it has been determined by the City Council that it is essential that said judgment be paid in order to comply with said mandate and in order to insure the financial stability of the City; and, ,V7J WHEREAS, the City Council deems it necessary to issue bonds in the sum of Two Million One Hundred and Twenty Thousand Dollars ($2,120,000.00), payable out of the revenues of the City's waterworks system, as authorized under the laws of the State of Texas, the City Charter and in pursuance to the Acts of 1945, of the 49th Legislature, page 605, Chapter 349, known as Article 1110a of Vernon's Annotated Civil Statutes of Texas; NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; - SECTION 1. That the Mayor and City Secretary be authorized and directed to give notice to the qualified voters of the City of Corpus Christi, Texas, whose names appear on the last approved tax rolls of said City, as property tax payers, in compliance with the provisions of Article 2368a of the Revised Civil Statutes of Texas, Acts of 1931, 42nd Legislature, page 269, Chapter 163; Acts of 1931, 42nd Legislature, First Called Session, page Lag, Chapter 24, Section 1, known as the "Bond and :1arrant Law of 1931 ", a copy of which notice is attached hereto and made a part of this ordinance for all intents and purposes. -2- i2 IC$ TO TSB 4[fA1 IND VMW OF THS CITY OF CCWIS CMISTI, MUS, WHOGE UWS APPEM M TV TAST A-PM A O TAIL RQLS OF SAID CM. AS PROD l Y TAX PAIMS t You are h0"tV rectified that the City Council or the City of Cwpus Uwlsti, tea, has dsoidsd to Praawred under the tormt and pro- visions of Article, il1Qa of the S evlsed Civil Statutes of Tema, mfts of lAvry 49th lasislaturs, page 60:!r caaptor 3t9, for the issuance or mve- an bonds in tine swmt of We MIUM i t € zdrsd and Timuty end Dollars 02,L'arl,tx -00) against tie waterworks astaas of tho acid city, paieable serially, within not to exwm4 twenty (2o) 39ars tram to date of such bondsi bearing; interest at a rate not to exased tnrao (3) per eent per anmao. Interest pay ble m mxi- aaaually, Baia bonds to be redeem- able at the option of the city at &W interest pgyjn6 data after the and Of teed (10) yaars PrW the date of issasrioe, The Woor Asvemw 1,1=ds, in addition to the pledgin& at the ater Revenues of said eater syatem for the payment of said Daudet shall be further secured by a lion upoa the propertios constitutiii; the system and a lion Upon and great of a franchise to operate the iriatm. in tin event of sale of such ayatan after doraait in the paynent vi aw or all of said rater aoverxis i#aKCds, or the interast tasroen. Said bands to be peyabla solely out Cr the revenues of tna said waterworks syste4% conditioned that the holder thereof wi ll naves have tins ri&t to deasnd pint thereof out or moMS raised or to be raised by taxation, and to be ismied for the per- pose of paying the Judgment against the cSty of Corpus wiriati, rendered b, the liqkvt Of Civil `:ppoals, 10th :juproma dhuiisial .'Istriot, 'goo, Tom, and affirmed by the AqW* s Court of the : tats at Tax", said case being cause No. 2666. styled Fred F. iiaysard, et al, vs. The City of Corpus Christi# et al, on1 the dookst of the said court of cavil Appeals, said jud4paaat baits, In the principal amomt or Lino Ullion Eight ilmdred and Thirtyrrthree Thousand Five IbAnared and F3.T"i6itt ixellars and Seven Cants ('11,833,550.07) and besri% Interest at the rate of six (6% per Cent per anm— from may y, 1945* until the pg vo= of said judgment. Provided that in ompliarrse with the torso snd prorisions at said artiole and the proviatans of Artiole 2368& of the awrised Givli Statute& or laws, .MU of 1931, 420d i.sgislatuft, pW 269, ci&ptar Was Aets of 1932. 142nd 'Lftiolature, lot (called 4A*sioa, paip 42. Chapter 24. :seetiM 1, lmr m as the "dmd and rrarat Sass of 1931 "0 if as m&W as teen (10%) per sit in number of the gUsWiad votsra of said City whose aromas appear *4 the last approved tax rolls, as prcpsrV tan poyars, patitim the city Comm ll, in writine1 Tiled with the city ;,*votary, cn or Won Septezbw 1947, to submit to a referendum vote the question as to the issuanoe or a aid !Hoards for such purpos®, than such city Gomoil shall met be authorised to issus such bands for suoh pur- pose unless the propositiau to issue said how zor such pirposo is sustained riy a majority of tyre votes oast at such ulasotio". t iwutsd this diV at' :+eptember, �. D. 1547* mm city of CapwlR Christi, TMO. ATIPST# 71W Samy SECTION 2. The fact that the payment of the judgment to Fred P. Hayward, et al, is necessary to preserve th6 credit of the City of Corpus Christi and to conform to the mandate handed down by the Court of Civil Appeals, 10th Judicial District of Texas creates a public emergency and imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or reso- lution 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 such Charter rule be sus- pended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED this = day of / �.',rn „• ,i. , A. D. r 1947• City of Corpus Christi, Texas ATTEST: City Secretary APPROVED AS TO LEGAL FORM¢ i .y tj or-nay (r �� As ant vlty A r ornet y Corpus Christi, Texas /I -,_ 6-x+1 -' , 1947 TO THE IMMERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen; For the reasons set forth in the emergency clause of the foregoing 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, � R City of Corpus, Christi, Texas The Charter rule was suspended by the following vote; s9esley E. Seale George R. Clark, Jr. John A. Ferris- =ice= R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote.. Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry rT_ Joe T. Dawson Z/ VS.