HomeMy WebLinkAbout02152 ORD - 09/16/1947Corpus Christi, Texas
1947
TO THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
There is an outstanding judgment against the City of Corpus
Christi in favor of Fred F. Hayward, et al, same having been handed down
in Cause No. 2666 by the Court of Civil Appeals, 10th Supreme Judicial
District, Waco, Texas, and having been affirmed by the Supreme Court
of the State of Texas, said judgment being in the sum of One Million
Light Hundred and Thirty -three Thousand Five Hundred and Fifty -eight
Dollars and Seven Cents ($1,833,558.07) and bearing interest at the rate
of six (6J) per cent per annum from May 5, 1945, to the date it is paid
off. The total amount of said judgment, interest and court costs is
Two Million One Hundred and Twenty Thousand Dollars ($2,120,000.00),
It is essential that this judgment be paid off in accordance with the
mandate handed down by the Court of Civil Appeals, following the affirma-
tion of same by the Supreme Court of Texas. Delay in paying off the
aforesaid judgment would impair the credit of the City of Corpus Christi,
be a detriment to the financial structure of the City of Corpus Christi,
impair the city's development because of its inability to properly finance
needed improvements, and would cost the City an exorbitant sum of money
in the interest rates which are six (6n per cent per annum. Under
such circumstances, I request that the City Council pass the proposed
ordinance calling an election for the issuance of Two Million One Hundred
and Twenty Thousand Dollars (02,120,000.00) revenue bonds for the purpose
of retiring the aforesaid judgment, as an emergency measure. You will
please consider this request in connection with the ordinance which has
been introduced in the City Council on this subjeot.
Yours very truly,
z
Weale E. Seale, Mayor,
City of Corpus Christi, Texas.
The Charter rule was suspended by the following votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. henry
Joe T. Dawson
The above ordinance was passed by the following vote.
'Tiesley E. Seale
George R. Clark, Jr. —
John A. Ferris
R. R. Henry
Joe T. Dawson
24 _6�
Mr. George R. Clark, Jr. made a motion that the Charter pro-
vision 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 the Ordinance. The
motion was seconded by Mr. John A. Ferris. The motion was carried by
a unanimous vote by the City Council, viz:
Ayes: Commissioners Clark, Ferris and Henry.
Nayes: None.
Mr, George R. Clark, Jr. made a motion that the Ordinance be
passed finally. The motion was seconded by Mr. °R. Henry. The motion
was carried by the following vote:
Ayes: Commissioners Clark, Ferris and Henry.
Nayes: None.
The Mayor requested that the records show that he voted lye.
This was done.
The Mayor announced that the Ordinance had been passed. The
Ordinance is as follows:
AN ORDINANCE NO. ZL2
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE
ISSUANCE OF THE FOLLO'6JING BONDS: TWO MILLION SIX
HUNDRED AND THIRTY THOUSAND DOLLARS (,$2,630,000.00)
REVENUE BONDS, PAYABLE OUT OF REVk2TUES OF THE WATER-
WORKS SYSTEM, PAYABLE SERIALLY T;'ITHIN A PERIOD NOT
TO EXCEED T'NENTY (20) YEARS FROM THE DATE OF SUCH
BONDS, BEARING INTEREST NOT TO EXCEED THREE (3/)
PER CENT PER ANNUM, PAYABLE SEMI - ANNUALLY, SAID BONDS
TO BE REDEEMABLE AT THE OPTION OF THE CITY AT ANY
INTEREST PAYING DATE AFTER THE END OF TEN (10) YEARS
FROM THE DATE OF ISSUANCE, FOR THE PURPOSE OF MAKING
ITOPROVEWTS, EXTENSIONS, REPAIRS OR REPLACEMENTS OF
AND TO THE WATERWORKS SYSTEM OF THE CITY; SAID BONDS
TO BE SPECIAL OBLIGATIONS OF SAID CITY, PAYABLE AS TO
BOTH PRINCIPAL AND INTEREST OUT OF THE REVENUES OF
THE WATERWORKS SYSTEM 'WHICH SHALL INCLUDE ALL PROP -
ERTIES AND EVERYTHING PERTAINING THERETO, THEN aiNED
OR THEREAFTER ACQUIRED, AND FURTHER SECURED BY LIEN
UPON THE PROPERTIES CONSTITUTING THE SYSTEM AND A
LIEN UPON AND GRANT OF A FRA34CHISS TO OPERATE SUCH
SYSTEM, IN THE EVENT OF SALE OF SUCH SYSTIMA AFTER
DEFAULT IN PAYMENT OF SUCH REVENUE BONDS OR INTEREST
THEREON; PROVIDING THAT THE HOLDERS OF SUCH BONDS,,
IF AUTHORIZED AND ISSUED, SIY LL NEVER HAVE THE RIGHT
TO DEKiuID PAYMENT THEREOF OUT OF ANY FUNDS RAISED OR
TO BE RAISED BY TAXATION; PROVIDING SAID BONDS TO BE
SECURED BY PLEDGE OF ROUTUES OF SAID WATERWORKS SYSTEM
0
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AND LIEN UPON THE PROPERTIES CONSTITUTING THE SAID
SYSTEM AND UPON THE FRANCHISE THEREOF OF EQUAL
DIGNITY WITH THE PLEDGE AND LIENS SECURING REVENUE
BONDS IN THE SUM OF TWO MILLION ONE HUNDRED AND
TWENTY THOUSAND DOLLARS ($'2,120,000.00), ISSUED TO
PAY OFF A JUDGMENT AGAINST THE CITY HELD BY FRED P.
HAYPVARD, ET AL, IN CAUSE NO. 2666 ON THE DOCKET OF
THE COURT OF CIVIL APPEALS, 10TH SUPREME JUDICIAL
DISTRICT, WACO, TEXAS, TO THE EXTENT AND IN THE
MANNER EXPRESSLY PERMITTED BY ORDINANCE WHICH SHALL
HAVE BEEN PREVIOUSLY PASSED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS; DESIGNATING THE
PLACE FOR HOLDING SUCH ELECTION; NAMING THE OFFICERS
THEREFOR; DESCRIBING THE QUALIFICATIONS OF THE VOTERS
WHO WILL BE AUTHORIZED TO VOTE AT SUCH ELECTION;
DESCRIBING FORM OF NOTICE OF ELECTION, ENACTING PRO-
VISIONS INCIDENT AND RELATING TO THE SUBJECT OF THIS
ORDINANCE AYD DECLARING AN 'aI:1ERGENCY.
WHEREAS, the City Council of the City of Corpus Christi,
Texas, deems it necessary and advisable to issue revenue bonds of said
City for the purposes hereinafter stated;
NO'J5, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That an election be held on the 4__ day of ,
1947, in said City, at which election the following propositions shall be
submitted to the resident qualified electors who own taxable property
in said City and who have duly rendered the same for taxation:
PROPOSITION °B"
"Shall the City Council of the City of Corpus Christi, Texas, be 'authorized
to issue revenue bonds for said City in the sum of Two Million Six Hun-
dred and Thirty Thousand Dollars ($2,630,000.00), payable serially, within
not to exceed twenty (20) years from the date of such bonds, bearing interest
not to exceed three (30) per cent per annum, payable semi - annually, said
bonds to be redeemable at the option of the City at any interest paying
date after the end of ten (10) years from the date of issuance, for the
purpose of making improvements, extensions, repairs or replacements of and
to the waterworks system in aforesaid City, to the extent and in the manner
expressly permitted by, and in accordance with the limitations contained in
the ordinance which shall have been previously passed by the City Council
of the City of Corpus Christi, Texas, authorizing the issuance of bonds a-
gainst the waterworks system of the City of Corpus Christi in the sum of Two
Million One Hundred and Twenty Thousand Dollars ($2,120,000.00), for the
payment of the judgment in the ease of Fred P. Hayward, at al, vs. The City
of Corpus Christi, et al, No. 2666 on the docket of the Court, of Civil Appeals,
10th Supreme Judicial District, Waco, Texas, and as authorized by the Charter
of the City of Corpus Christi and the general laws of the State of Texas and
in pursuance of Article 1110a of Vernon's Annotated Civil Statutes of Texas,
as passed by the 49th Legislature , Acts of 1945, page 605, Chapter 349, and
in accordance with Article 1111 and Articles 1113 to 1118, both inclusive,
of the Revised Civil Statutes of Texas as amended, said bonds to be payable
solely out of and secured by a pledge of the revenues of the waterworks
system of the City of Corpus Christi, which shall include all properties
and everythin=L pertaining thereto, owned or thereafter acquired; said bonds
to be issued for the purpose of improvements, extensions, repairs or replace-
ments of and to the said waterworks system to be secured by a pledge of the
GS
revenues of such system, and lien upon the properties constituting
the system and upon the franchise thereof of equal dignity with the
pledge and liens securing said bonds issued to pay off the said Hay-
ward Judgment under the ordinance hereinabove mentioned ?"
SECTION 2. In the event said bonds are authorized to be issued
by a majority vote of the qualified voters of said City, voting at said
election and the same are issued and sold, holder or holders of such
bonds shall never have the right to demand payment thereof out of any
funds raised or to be raised by taxation; and such bonds issued or
executed in pursuance of such election shall contain this clause:
"The holder hereof shall never have the right to demand payment of
this obligation out of any funds raised or to be raised by taxation."
SECTION 3- If and when the bonds provided to be issued under
this ordinance are issued, same shall be issued in accordance with the
limitations contained in the ordinance which shall have been previously
passed by the City Council of the City of Corpus Christi, providing for
the issuance of Two r,Ullion One Hundred and Twenty Thousand Dollars
(w'2,120,000.00) for the purpose of paying off a judgment rendered by
the Court of Civil Appeals of the 10th Supreme Judicial District, 3raco,
Texas, in the case of Fred P. Hayward, et al, vs. The City of Corpus
Christi, et al, No. 2666 on the docket of said court and shall be secured
by pledge of the revenues of the waterworks system and lien upon the
properties constituting such system and upon the franchise of equal
dignity with the pledge and lien securing the bonds which shall have been
previously issued to pay the aforesaid judgment, as authorized by Article
1110a, Vernonts Annotated Civil Statutes of Texas, passed by the 49th
Legislature, Acts of 1945, page 605, Chapter 349, and in accordance with
Article 1111 and Articles1113 to 1118, both inclusive, of the Revised
Civil Statutes of Texas as amended.
SECTION 14. Said election shall be conducted and held by the
hereinafter named presiding judges in the hereinafter named precincts
of the City of Corpus Christi and at the respective voting boxes herein-
after named, to -wits
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BOND ELECTION PRECINCT NO. 1
T. J. Dineen, Presiding Judge
Mrs. Olive Dineen, Assistant Judge
H. D. C. Gussett, Clerk
Geo. Peters, Clerk
BOND ELECTION PRECINCT NO. 2
N. D. Huie, Presiding Judge
Miss Dorothy Shely, Assistant Judge
Mrs. Marjorie Paul, Clerk
Mrs. Josephine Shely, Clerk
BOND ELECTION PRECINCT N0. 3
Mrs. G. E. Meisenheimer, Presiding Judge
Mrs. Henry MC Gregor, Assistant Judge
Mrs. F. E. Peckenpaugh, Clerk
Mrs. Harry Wells, Clerk
BOND ELECTION PRECINCT NO. 4
Mrs. L. M. Hulbirt, Presiding Judge
Mrs. Robt. Pinson, Assistant Judge
Mrs. T. E. Sparks, Clerk
Mrs. J. H. Beagle, Clerk
BOND ELECTION PRECINCT NO. 5
G. C. Richardson, Presiding Judge
Henry Altenburg, Assistant Judge
Mrs. M. Herrera, Jr., Clerk
Mrs. R. N. Richardson, Clerk
BOND ELECTIM PRECINCT N0. 6
Mrs. F. M. Thomason, Presiding Judge
Mrs. Richard Bluntzer, Assistant Judge
Mrs. Harmon McNeill, Clerk
Mrs. Florence Hunter, Clerk
BOND ELECTION PRECINCT N0. 7
Herbert Wienken, Presiding Judge
Mrs. Herbert Wienken, Assistant Judge
Mrs. Yf. W. Maxwell, Clerk
Mrs. 0. M. Hobbs, Clerk
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POLLING PLACE
Nueces County Courthouse
Civic Center, 700 S. Broadway
Morgan Street Fire Station,
1401 Morgan Avenue
Edward Furman School, Room 1,
1115 Chamberlain
Leopard Street Fire Station,
1829 Leopard Street
New Fire Station, 3312 Leopard Street
Stephen F. Austin School, Morgan Ave.
POLLING PLACE
BOND ELECTION PRECINCT NO. 8 Sam'''Houst on Schbbl,a363 Nortbtlri,,
Mrs. E. H. Andrew, Presiding Judge
Mrs. P. A. Tom, Assistant Judge
Mrs. Ben E. Shaw, Clerk
Mrs. C. B. Ross, Clerk
BOND ELECTION PRECINCT NO. 9 Menger School, 2209 S. Alameda
Morris E. White, Presiding Judge
Mrs. N. A. Easter, Assistant Judge
Aiirs. F. A. Liartin, Clerk
I7rs. Florence D. Frech, Clerk
SECTION 5. That said election shall be held in accordance
with the provisions of the Statutes and Laws of the State of Texas, and
only the qualified electors residing in said City who own taxable property
in said City and who have duly rendered same for taxation, shall be
qualified to vote.
SECTION 6. The polls will be open from 8 ofolock a.m. to
o'clock p.m.
All voters desiring to support the proposition to issue revenue
bonds for the purpose of making improvements, extensions, repairs or
replacements of and to the waterworks system in the City of Corpus Christi,
Texas, shall have written or printed on their ballots the following words:
"PROPOSITION "B"
FOR THE ISSUANCE OF REVENUE BONDS FOR UTROVING THE
YaTERWORKS SYSTEPd."
And those opposed to the proposition to issue the said revenue bonds for
improving the waterworks system shall have written or printed on their
ballots the following words:
"PROPOSITION "B"
AG -UNST THE ISSUAYCE OF REVaMUE BONDS FOR IPAPROVING THE
WATERWORKS SYSTEM."
SECTION %. The manner of holding said election shall be as
prescribed by Chapter I of 'Title 22 of the Revised Civil Statutes of
Texas.
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SECTION 8. A substantial copy of this Ordinance, signed by
the Mayor of the City of Corpus Christi, and attested by the City Secre-
tary, shall serve as a proper notice of ordering said election and the
Mayor is directed to cause a copy of this ordinance, signed by him, to
be posted at the City Hall and at each of the voting places hereinabove
named not less than fifteen (15) days prior to said election, and to have
a copy of this Ordinance published in the CORPUS CHRISTI PRESS, the
official newspaper, and in the CORPUS CHRISTI CALLER; both being news-
papers of general circulation, published within the City of Corpus Christi;
said publication to be made on the same day in each of two successive weeks
prior to the date of the election and the date of the first publication to
be not less than fourteen (14) days prior to the date of said election.
SECTION 9. The fact that it is necessary to make needed improve-
ments and additions to the waterworks system of the City of Corpus Christi,
Texas, in order to give adequate water facilities to the citizens of the
City of Corpus Christi and to prevent injury to the health and welfare of
such citizens and the fact that it is necessary to vote bonds to secure
finances necessary for the above mentioned work 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 intro-
duced 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 such
Charter rule be suspended, 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 , A.D. 1947.
R
City of Corpus Christi, bxas
ATTEST:
CRY Secretary
APPROVED AS TO LEGAL FORMt
C =`\
Airb orney C
t
Assistant Ci Attorney
Corpus Christi, Texas
_LL, 1947
TO THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen;
It is essential that improvements, extensions, repairs, or
replacements be made of and to the waterworks system of the City of Corpus
Christi in order to insure proper water facilities for the citizens of
the City. Delay in making such improvements to the waterworks system
would be detrimental to the health and welfare of the residents of the
City of Corpus Christi. It is essential, therefore, that the City vote
waterworks revenue bonds in the amount of Two Million Six Hundred and
Thirty Thousand Dollars ( $2,630s000 *OO) for waterworks system improve-
ment. 1, therefore, request that the City Council pass the proposed
ordinance calling an election for the issuance of aforesaid bonds, as
an emergency measure. You will please consider this request in connec-
tion with the ordinance which has been introduced in the City Council
on this subject.
Yours v truly,
Wesley E. Seale, Mayo
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale ///
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson a-
The above ordinance was passed by the following vote:
Wesley E. Seale
George R. Clark, Jr. Jt�
John A. Ferris
R. R. Henry
Joe T. Dawson
V
2152-