HomeMy WebLinkAbout02161 ORD - 10/07/1947THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
On this day of October, A. D. 1947, the City Council
of the City of Corpus Christi, Texas, convened inregular meeting
with the following members of said Council present, to -wit:
Beesley E. Seale, Mayor
George R. Clark, Jr.
John A. Ferris
Commissioners
R. R. Henry 0
Joe T. Dawson
A. C. Molbeok, City Secretary
"Pith the following absents None, constituting a quorum, at which time
the following among other business was transacted:
Mr. s'Tesley E. Seale, Mayor, presented for the consideration
of the Council an Ordinance. The Ordinance was read by the City Secre-
tary. The Mayor presented to the Council a communication in writing
pertaining to said proposed Ordinance, as follows:
Corpus Chri ti, Texas
October M, 1947
TO THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause, Section
of the Ordinance entitled "An Ordinance canvassing returns and
ec aring the results of an election on the question of the issuance
of the following bonds: Two Million One Hundred and Twenty Thousand
Dollars ($2,120,000.00) Revenue Bonds, payable out of revenues of the
waterworks system, said bonds to be issued for the payment of the
judgment in the case of Fred P. Hayward, et al, vs. The City of Corpus
Christi, et al, same being Cause No. 2666 on the docket of the Court
of Civil Appeals, 10th Supreme Judicial District, Waco, Texas, and
declaring an emergency," the proposed ordinance meets a public emergency
and I request that it be passed finally on the date introduced.
Yours' eer truly,
iesley Seale, Mayor
City of Corpus Christi, Texas
Z /(P/
Commissioner made a motion that the
Charter provision prohibiting ordinances from being finally passed
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 Commissioner r r r
The motion was carried by a unanimous vote by the City Council, viz:
Ayes. Commissioners Clark, Ferris, Henry and Dawson.
Nayes: None.
The Mayor requested to be recorded as voting "Aye ".
Commissioner G /1, made a motion that the Ordinance
be passed finally. The motion was seconded by Commissioner
The motion was carried by the following vote:
Ayes: Commaissioners Clark, Ferris, Henry and Dawson.
Nayes: None.
The Mayor requested to be recorded as voting
The Mayor announced that the Ordinance had been passed. The
Ordinance is as follows:
All ORDINANCE
CANVASSING RETURNS AND DECLARING THE RESULTS OF
AN ELECTION ON THE QUESTION OF THE ISSUANCE OF
THE FOLLOWING BONDS: TtRO PILLION ONE HUNDRED AND
T'NENTY THOUSAND DOLLARS ($2,120,000.00) REVENUE
BONDS, PAYABLE OUT OF REVENUES OF THE WATERWORKS
SYSTEM, SKID BONDS TO BE ISSUED FOR THE PAYMENT
OF THE JUDGMENT IN THE CASE OF FRED P. HAYWARD,
ET AL, VS. THE CITY OF CORPUS CHRISTI, ET AL, SAYE
BEING CAUSE NO. 2666 ON THE DOCKET OF THE COURT
OF CIVIL APPEALS, 10TH SUPRED& JUDICIAL DISTRICT,
WACO, TEXAS, AND DECLARING .01 EMERGi0CY.
YIIEREAS, heretofore on the 16th day of September, A. D. 1947,
the City Council of the City of Corpus Christi, Texas, passed an Ordi-
nance calling an election to be held in said City on the 4th day of
October, A. D. 1947, on the following proposition:
PROPOSITION "A"
"Shall the City Council of the City of Corpus Christi, Texas, be
authorized to issue the revenue bonds of said City in the sum of Two
Million One Hundred and Twenty Thousand Dollars ($2,120,000.00), pay-
able serially, within a period not to exceed twenty (20) years from
the date of such bonds, bearing interest not to exceed three (31� 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
-2-
ten (10) years from the date of issuance, for the purpose of paying
a judgment against the City of Corpus Christi handed down by the
Court of Civil Appeals of the 10th Supreme Judicial District, Whoo,
Texas, in Cause No. 2666 on the docket of said court, styled Fred P.
Hayward, et al, vs. The City of Corpus Christi, et al, and affirmed
by the Supreme Court of the State of Texas, as authorized by the
Charter of the City of Corpus Christi, Texas, and the general laws
of the State of Texas 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, said bonds to be payable as to
both principal and interest out of the revenues of the City'a water-
works system after deducting reasonable operations and maintenance
expenses, which system shall include all properties and everything
pertaining thereto then owned or thereafter acquired, and said bonds
may be further secured by a lien upon the properties constituting the
waterworks system and a lien upon and a grant of a franchise to
operate such system, in the event of sale of such system after default
in the payment of such revenue bonds or interest thereon and said
charge or pledge of the revenues and lien to secure the payment of
aforesaid bonds shall be of equal dignity with the pledge and liens
securing additional water Revenue Bonds in the sum of Two Million
Six Hundred and Thirty Thousand Dollars ($2,630,000.00), if and when
said additional revenue bonds are subsequently issued in accordance
with Article 1110a, Section 2, Vernon's Annotated Civil Statutes of
Texas, as passed by the 49th legislature, Acts of 1945, Page 605,
Chapter 349 ?°
; and
WHEREAS, notice of said election was actually given as
required by law and as directed in the Ordinance calling the elec-
tion, as is shown by affidavits properly filed in the office of the
City Secretary; and,
11BEREAS, said election was duly and legally held on the
4th day of October, 1947, in conformity with the election ordinance
heretofore passed by this Council and the result of said election
has been certified and returned to this Council by the proper judges
and clerks thereof; and,
VMEREAS, this Council has today considered the returns
of said election on the proposition hereinabove stated, which was
held on the 4th day of October, 1947; and,
WHEREAS. it appears to the Council and the Council so finds
that said election was in all respects lawfully held and said returns
duly and legally made and that there were cast at said election, the
following votes:
-3-
VOTING
FOR TIFS ISSUANCE OF
AGAINST THE ISSUANCE OF
TOTAL
PRECINCT
REVENUE BONDS FOR PAY -
REVENUE BONDS FOR PAYMENT
VOTES
NPNT OF HAYNARD JUDGMENT
OF HAYWARD JUDGMENT
1
-3-6/
N
14,
2
� .sue
/ /.s
) 7f
3
/63
//y
.10/
4
J0
if
5
/D
3.5_
6
2 2 6
Afe
8
9
la y
FOR THE ISSUANCE OF
AGAINST THE ISSUANCE OF
TOTAL
REVENUE BONDS FOR PAY -
REVENUE BONDS FOR PAYMENT
VOTES
PENT OF HAYWARD JUDGMENT
OF HAYWARD JUDGMENT
GRAND
TOTAL
/Y
y2 9
.2 s:23
IT IS, THEREFORE, ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
1. That the proposition to issue the said bonds was sus-
tained by a majority of the resident, qualified electors who own taxable
property in said City and who have duly rendered the same for taxation
voting at said election and the City Council of the City of Corpus
Christi, Texas, is hereby authorized to issue said bonds in accordance
with said proposition.
2. The fact that the payment of the judgment to Fred P.
Heyward, et al, is necessary to preserve the credit of the City of
Corpus Christi and to conform to the mandate handed down by the Court
of Civil Appeals, 10th Supreme Judicial District of Texas creates
a public emergency and public imperative necossity 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 resolution shall be read at three several meetings of the City
Council, and the Mayor having declared that such public emergency and
imperative necessity exists, 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 r day of October, A. D. 1947.
Y
City of Corpus Christi, Texas
ATTEST:
-Zri�y Secretary /
APPROVED AS TO LEGAL FORM:
orney
Asses an Cip At orney
Corpus Christi, Texas
October - , 1947
TO THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen.
For the reasons set forth in the emergency clause, Section
of the Ordinance entitled "An Ordinance canvassing returns and
ec .ring the results of an election on the question of the issuance
of the following bonds; Two Million One Hundred and Twenty Thousand
Dollars (',2,120,000.00) Revenue Bonds, payable out of revenues of the
waterworks system, said bonds to be issued for the payment of the
judgment in the case of Fred P. Hayward, at al, vs. The City of Corpus
Christi, at al, same being Cause No. 2666 on the docket of the Court
of Civil Appeals, 10th Supreme Judicial District, Waco, Texas, and
declaring an emergency," the proposed ordinance meets a public emergency
and 1 request that it be passed finally on the date introduced.
Yours very truly,
Wesle E. Seale, Mayor
City of Corpus Christi, Texas
The Charter rule was suspended by the following voter
Wesley '. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson_
The above ordinance was passed by the following vote;
Wesley L. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
2/` I