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HomeMy WebLinkAbout02162 ORD - 10/07/1947THE STATE OF TOW COUNTY OF NUECES CITY OF CORPUS CHRISTI On this day of October, i. D. 1947, the City Council —y— of the City of Corpus Christi, Texas, convened in regular meeting with the following members of said Council present, to -wit: LVesley E. Seale, Mayor George R. Clark, Jr. k John A. Ferris Commissioners R. R. Henry Joe T. Dawson A. C. Molbeck, City Secretary AL ➢Pith the following absent: None, constituting a quorum, at which ti the following among other business was transacted: Mr. Wesley E. Seale, Mayor, presented for the consideration of the Council an Ordinance. The Ordinance was read by the City Secrs- tary. The Mayor presented to the Council a communication in writing pertaining to said proposed Ordinance, as follows: Corpus Christi, Texas October �% , 1947 TO THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause, Section .• �E�, of the Ordinance entitled "An Ordinance canvassing returns and declaring the results of an election on the question of the issuance of the following bonds; Two Million Six Hundred and Thirty Thousand Dollars ($20630,000.00) Revenue Bonds, payable out of revenues of the waterworks system, said bonds to be for the purpose of making improve- ments, extensions, repairs or replacements of and to the waterworks system of the City of Corpus Christi and declaring an emergency," the proposed Ordinance meets a public emergency and I request that it be passed finally on the date introduced. Yours very truly, Wesley E. Seale, Mayor City of Corpus Christi, Texas 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 =;. The motion was carried by a unanimous vote by the City Council, viz; Ayese Commissioners Clark, Ferris, Henry and Dawson. Noyes: None. The Mayor requested to be recorded as voting "Aye ". Commissioner - /a-,<. made a motion that the Ordinance be passed finally. The motion was seconded by CommissionerThe motion was carried by the following vote: Ayes: Commissioners Clark, Ferris, Henry and Dawson. Nayes: None. The Mayor requested to be recorded as voting "Aye". The Mayor announced that the Ordinance had been passed. The Ordinance is as follows; AN ORDINANCE CANVASSING RETURNS AND DECLARING TIM RESULTS OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF TiM, FOLL04ING BONDS: TWO MILLION SIX HUNDRED AND THIRTY THOUSAND DOLLARS (02,630,000.00) REVENUE BONDS, PAYABLE OUT OF REVENUES OF THE WATERWORKS SYSTEM, SAID BONDS TO BE FOR THE PURPOSE OF MAKING IMPROVEMENTS, EXTENSIONS, REPAIRS: OR REPLACEMENTS OF AND TO THE WATERWORKS SYSTEM OF THE CITY OF CORPUS CHRISTI AND DECLARING AN EMERGENCY. WHEREAS, 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 "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 Hundred 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 (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 improvements, extensions, repairs or replacements of and to the waterworks system in aforesaid City, to the extent and in -2- the manner expressly permitted by, and in accordance with the limita- tions 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 against 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 case of Fred P. Hayward, et al, vs, The City of Corpus Christi, et al. No. 2666 on the docket of the Court of Civil Appeals, 10th Supreme Judicial District, Ilaco, 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 1915, Page 605, Chapter 349, and in accordance with Article 1111 and Articles 1113 to 1116, 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 everything pertaining thereto, owned or thereafter acquired; said bonds to be issued for the purpose of improvements, extensions, re- pairs or replacements of and to the said waterworks system to be secured by a pledge of the 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 Hayward Judgment under the ordinance hereinabove mentioned?" ; 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, WHEREAS, 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, WdEREAS, this Council has today considered the returns of said election on the propositions 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 THE ISSUANCE OF AGAINST THE ISSUANCE TOTAL PRECINCT REVENUE BONDS FOR IM- OF REVENUE BONDS FOR VOTES PROVING THE WATERWORKS IMPROVING THE WATER - SYSTEM WORKS SYSTEM 2 3 _ _111_— �_ SQL 4 J y ys- isP 5 /0 3s^ 6 Z-73 7 8 9 y9� i.3 1341 FOR THE ISSUANCE OF AGAINST THE ISSUANCE TOTAL 0- REVENUE BONDS FOR IM- OF REVENUE BONDS FOR VOTES PROVING THE WATERWORKS IMPROVING THE WATER - SYSTEM WORKS SYSTEM GRAND TOTAL ,s 4141 XP 7 ��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 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 issue 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 introduced and that such -4- 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 October, A. D. 1947. City of Corpus Christi, Texas ATTESTt . '071t� city Secre ary APPROVED AS TO LEGAL FORM: C y orney is an i y A orney Corpus Christi, Texas October '7 , 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 s 3eclaring the results of an election on the question of the issuance of the following bonds: Two Million Six Hundred and Thirty Thousand Dollars (32,630,000.00) Revenue Bonds, payable out of revenues of the waterworks system, said bonds to be for the purpose of making improve- ments, extensions, repairs or replacements of and to the waterworks system of the City of Corpus Christi and declaring an emergency," the proposed Ordinance meets a public emergency and I request that it be passed finally on the date introduced. Yours very truly, Wesley E. Seale, Mayor City of Corpus Christi, Texas The Charter rule was suspended by the following vote: cuesley E. Seale George R. Clark, Jr. John A. Ferrisr 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 Joe T. Dawson 2-1(,Z— Z