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Home My WebLink About02233 ORD - 03/05/1948STATE OF 'TEXAS (� COUNTY OF NUECES 0. this the day of , 19 , the City Council of the City of Corpus Christi, 'Texas, convened in session meetinr, with the following members of said Council p went, to-wit. 'Aesley E. Seale, !isyor ue „e R. Clark, Jr. 6 R. R. Henry 8 Commissioners Joe T. Dawson M. A. Cage, Jr. � City Secretary with the following absent: John. A. Ferris, constituting a quorum, at which time the following among other business was transacted; ts. .;esley s. Seale, Mayor, presented for the consideration of the Council an Ordinance. The Ordinance was read by the City Secretary. The 'my., presented to the Council a communication in writing pertaining to said proposed Ordinance, as follows: Corpus Christi, Texas idarch _� , 1948 TO TIP CITY COWCIL Corpus Christi, Texas Gentlemen: There is an tstandin;, judgment against the City of Corpus Christi n f¢v or of Fred a Hayward, et el, s aie having been handed down in Cause No. 2666 by the Court of Civil Appeals, 10th Supreme Judicial District, 4Taco, Texas, and having 'o -. I'i rmed by ':., e Court of the State of Texas, said judgment being in the sum of One Million plight Hundred and Thirty -three Thousand rive Hundred and Fifty -eight Dollars and Seven Cents (41,833,558.07) and bears interest at the rate of six (6) per cent per annum from :Jay 5, 19w.5, to the date it is paid off. It is essential that this judgment be paid off in accordance with the mandate handed down by the Court of Civil ?ppeals, following the affirmation of same by the Supreme Court of Texas. Delay i n 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 properly to finance needed improvements, and would cost the City an ex- orb- Cant sum of money in the interest rate, which is six (6�0) per cent per annum. Under such circumstances, ;,ma "t tHat the City Council pass the proposed ordinance finding that a petition has been filed praying for a referendum election on the propocition for the issuance of Aevenue :;ends £or the purpose of paying said judgment, and declaring tact the City Council shall proceed with the issuance of said bonds, as an e rgency measure. You will please consider this request in connection with the ordinance wich has been introduced in the City Council on this subject. -very t y yours, `f Seale, Mayor City of Corpus Christi, Texas fir. made a motion that the Charter provision 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. Tne .nation was seconded by 1 -. Tire motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Clark, Dawson, Henry and 'w yor Seale LACES: None ,:Ir. made a motion that the ordinance be passed finally. The motion was seconded by ?:'r. The motion was carried by the following vote: AYES: Co issioners Clark, Henry, Dawson and Mayor Seale -OES: gone The Mayor announced that the ordinance had been passed. The Ordi- rance is as follows: ,0 ORDINANCE V 2 _?3 DETERIZINING THAT 10. OF THE ,UALIFIED VOTERS 'TIOSE N:Uf;S ,PPEAR OII T-M LAST APPROVED TAX ROLLS HhVE NOT PETITIONEC FOP. A ;UF I REEMUIJ -LECTION 4ITH REFERENCE TO THE ISSUIUCE OF CITY OF CORPUS Ccv_2ISTI rL%iTERI'fCRFiS REV "E14TE BONDS PROPOSED TO BE ISSUED FOR TIE PURPOSE OF PAYING T'd_,, M01i1Y JUDGI''' 7iT IN THE CASE STYLED FRED P. HAYli4RD, ET AL VS. CITY OF CORPUS C1,1RISTI, ET AL, BEING CAUSE NO. 2666, Itd Ta COURT OF CIVIL APPEALS IN IVACO; DECLARING TH&T Tr CITY COUNCIL SHALL PROCEED WITH THE ISSUANCE OF SAID 3ONDS; AJM DECLARING AN E:.7EAGEI:CY. W.9'^.12EA.S, heretofore this City issued a notice that the City Council of the City of Corpus Christi, Texas, intended on or after March j, 1948, to pass an ordinance authorizing the issuance of City of Corpus Christi °later ;forks Revenue Bonds in an amount not exceeding x2,200,000 for the purpose of paying the money judgment for .')1,833,578.07 and the interest thereon from tray 5, 1945, to the date of such proposed bonds; and i7HFaEAS, said notice was published on Fobruary -Z;L, 1948, anc on February -, 1948, in the Corpus Christi Press, a newspaper of general circula- tion published in said City; and -ITHE< "LEAS, on Harch � , 1948, a petition was filed with the City Council asking for a referendum vote on the question as to the issuance of said bonds, which petition was signed by/ qualified voters of said City whose penes appear on the 1947 tax rolls, being the last approved tax rolls; and i MREAS, there are Z%4 qualified voters of said City whose names appear on said tax rolls, and the number of such qualified voters who signed said peti- tion is less than 10,' of the qualified voters whose names appear on said tax rolls; and WHEREAS, said petition is the only petition filed with the City Secre- tary or presented to the City Council with reference to said bonds; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: . 1. That the facts stated in the preamble of this resolution are true and correct, and that the City Council of the City of Corpus Christi is now authorized to pass an ordinance authorizing the issuance of said Revenue Bonds, and the City Council shall now proceed to issue said Bonds. 2. The fact that the payment of the judgment to Fred P. Hayward, at a1, 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 Aopeals, 10th Supreme Judicial District of Texas, creates a public emergency and impera- tive 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 resolution shall be read at three several meetings of the City Council a nd the kayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be oessed finally on the date of its introduction and tale effect and be in full fade and effect from and after its passage, IT IS ACCORDINGLY SC ORWINED. PASSED „ND APPROV.D, this I day of , 1948 i ,MIST- May&r City of Corpus Christi, Texas city >71'y APPROVM AS TO LEGAL i✓1 Ct 't ne sistant pit I r- ttorney Mr. ...�i made a motion that the passage of the ordinance authorizing the issuance of the Revenue Bonds mentioned in the preceding resolution be deferred to a subsequent regular or special meeting of this Council. The action was seconded by M2.: -, voted upon and prevailed by the following vote: n/ API-- Mr.. _I`Z , �id,�✓4 -^.*J and Biayor Seale. L NOES: None Corpus hListi, Texas March? 19i,E TO THE M11BM OF TM CITY COUNCIL Corpus Christi, Texas Gentlemen: There is an outstanding judgment against the City of Corpus Christi in favor of ?red P. Hayward, et al, same having been handed down in Cause No. 2666 by the ;curt of Civil Appeals, 10th Supreme Judicial District, piaco, Texas, and having been affirmed by the Supreme Court of the i�tate of Texas, said judgment being in the sum of One 1zillion - .Tight Hundred and Thirty -three Thousand Five hundred and Fifty -eight Dollars and Seven Cents (?1,833,558.07) and bears interest at the rate of six (6,'�) per cent per a a "gay 5, from 191;5, to the date it is paid off. it i e ial that this judgm_nt be paid off i accordance with the mandate handed down the Court of Civil Appeals, following the affirmation of some by the Supreme Court of '£exas. Delay in paying off the aforesaid judgment would impair the credit of the City of Corpus Christ., be a detriment to the financial structure of the City of Corpus Christi, impair the City's development because o£ its inability properly to finance heeded improvements, and would cost the City an ex- orbitent s m of Raney in the interest rate, which is six (6y) per cent per Under such circumstances, I re,yuRest that the City Council pass the proposed ordinance finding, that no� ion has been filed praying for a referendum election on the proposition for the issuance of Revenue 3onds for the purpose of payinb said judgment, and declaring thet the City Council shall proceed with the issuance of said bonds, as an emergency measure. You will please consider this recuest in connection with the ordinance which has been introduced in the Ci Ly Councll — this subject. V. y t ul.- yours, �✓� �r .f s e8 1 y r1! Sea 1e, i,.ayor City of Corpus Christi, Texas The Charter rule was suspended by the following vote: e E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawaen The above ordinance was passed by the 'Allowing vote: .1esley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson