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HomeMy WebLinkAbout02244 ORD - 03/23/1948THE STATE OF TEXAS COUNTY OF NUECES On this the —a day of mom, 19L�4 the City Council of the City of Corona Christi, Texas, convened in session �I meeting, with the following members of said Council eaent, to alit: Wesley E. Seale, Mayor George R. Clark, Jr. John k. Ferris Commissioners R. R. Henry Joe T. Dawson M. A. Cage, Jr. // City Secretary with the following absent: constituting a quorum, at which time the following among other business was transacted: Mr. Wesley L. Seale, Mayor, presented for the consideration of the Council an Ordinance. The Ordinance was read by the City Secretary. The Mayor presented to the Council a -- ication in writing pertaining to said proposed Ordinance, as follows: C us Christi, Texas r s 1948. 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 yet— would he 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 Five Hundred Fifty Thousand Dollars (02050,000.00) for water works system improvement. I, therefore, request that the City Coamcil pass the proposed ordinance calling an election for the issuance of the aforesaid bonds, 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 subject. very t eat Seale, City of Corpus Christi, Texas. . aa�� Mr. 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. The motion was seconded by Mr. The motion was carried by a unanimous vote by the City Coun ,viz: AYES: Commissioners Clark, Ferris, Henry and Dawson NOES: None Mr. /� made a motion that the Ordinance be passed finally. The motion was seconded by Mr. The motion was carried by the following vote: AYES: Commissioners Clark, Ferris, Henry and Dawson NOES: None The Mayor requested that the records shoe that he voted Aye. This was done. The Mayor announced that the Ordinance had been passed. The Ordinance is as follows: AN ORDINANCE NO. BY THE CM COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLL047ING BONDS: T'NO MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($2,550,000.00) REVENUE BONDS, PAYABLE OUT OF REVENUES OF THE ViATMiORKS SYSTEM, PAYAble SERIALLY +'WITHIN A P—=OD OF NOT TO EXCEED THIRTY FIVE (35) YEARS FROM THE DATE OF SUCH BONDS, BEARING INTEREST NOT TO ElCEED FIVE (5 %) PER CENT PER ANNUM, PAYABLE Siff- ANDTUALLY, SAID BONDS TO BE REME1,,Bic AT THE OPTION OF THE CITY AT ANY INTEREST PAYING DATE AFTER THE END OF TIN (10) YEARS FROM THE DATE OF ISSUANCE, FOR THE PURPOSE OF MAKING IWWVE;MaNTS, EXTENSIONS, REPAIRS OR REPLACEMENTS OF AND TO THE WATERL''ORSS SYSTEM OF THE CITY; SAID BONDS TO BE SPECIAL OBLIGATIONS OF SAID CITY, PAYABLE AS TO BOTH PRINCIPAL AND INTEREST OUT OF THE REv NUES OF THE WATERWORKS SYSTEM WHICH SHALL INCLUDE ALL PROP- LLRTILS AND EVERYTHING PERTAINING THERETO, THEN OWNED OR THEREAFTER. ACQUIRED, AND FURTH.E?. SLGURLD BY LIEN UPON THE PROP;RTJ S CONSTITUTING THE SYSTEM AND A LIEN UPON AND GRANT OF A FRANCHISE TO OPERATE SUCH SYSTEM(, IN THE EVENT OF SALE OF SUCH SYSTEM ARTER DEFAULT IN PAYMENT OF SUCH REVENUE BONDS OR INTEREST THERrpN; PROVIDING THAT THE HOLDERS OF SUCH BONDS, IF AUTHORIZED AND ISSUED, SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT THEREOF OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; PROVIDING SAID BONDS TO BE SECURED BY PLEDGE OF REVENUES OF SAID ,11ATEMIORKS SYSTEM AND LIrEN UPON THE PROPERTIES CONSTITUTING THE SAID SYSTEM AND UPON THE FRANCHISE THEREOF OF EQUAL DIGNITY Vl1TH THE PLEDGE AWD LIENS SECURING REVENUE BONDS ISSUED TO PAY OFF A JUDGMENT AGAINST THE CITY HELD BY FRED P. HALLIARD, ET AL, IN CAUSE NO. 2666 ON THE DOCKET OF THE COURT OF CIV31 APPEALS, 10th SUPREME JUDICIAL DISTRICT, WACO, TEXAS, TO THE EKTENT AND IN THE UANNER EXPRESSLY PATTED BY ORDINANCE MICH 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 QUALIFICATICNS OF THE VOTFI?S 17HO .TILL BE AUTHORIZED TO VOTE AT SUCH ELECTION; DESCRIBING FORM OF NOTICE OF ELECTION, ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT OF THIS ORDINANCE AND DECLARING An &Cu-BENCY. 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; NOW, THERMORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an election be held on the h9 day of , 1948. in said City, at which election the following proposition 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 "A" "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue revenue bonds for said Citg in the sum of Two Million Five Hundred Fifty Thousand Dollars 32q,550,000.00) payable serially, within not to exceed thirty -five 135) years from the date of such bonds, bearing interest not to exceed Five (5 %) per cent per son , 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 re- placements 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 against the waterworks system of the City of Corpus Christi for the payment of the judgment in the case of Fred F. Hayward, et al, vs. The City of Corpus "hristi, 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 leis of the State of Texas and in pursuance of article 1110. of Vernon'. 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 everything pertaining thereto, owned or thereafter acquired; said bonds to be issued for the purpose of improvements, extensions, repairs 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 actual dignity with the pledge and liens securing said bonds issued to pay off the said Hayward Judgment under the ordinance hereinabove mentioned'" 7.. When any bonds are authorized by and issued pursuant to this election, the City will not thereafter be authorized to and will not issue any of the bonds authorized for the same purpose by the election heretofore held in said City on October 4, 1947. 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 cl use: "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. I£ 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 bonds for the purpose of paying off a judgment rendered by the Court of Civil Appeals of the 10th Supreme Judicial District, Waco, Texas, in the case of Fred P. Hayward, at 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 1110x, Vernon's Annotated Civil Statutes of Texas, 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. SECTION 4. 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 hereinafter named, to —wit: POLLING PLACE F.ZECTION PRECINCT N0. 1 Nueces County Court house C. E. Munson , Presiding Judge Mrs. D. E. Cornett , Assistant Judge _ Mrs. H. K. Burnett , Clerk Mrs. L. R. Harris , Clark ;?ION PRECINCT NO. 2 trude nrever , Presiding Judge, wm. J. Bi.-I. , Assistant Judge, ..,Dora B. Olsen , Clerk, rie FitzSimmona Clerk. 'TTION PRECINCT NO.. , 0. Ellie Presiding Judge, ry Edwards , Assistant Judge, a Van Pellegrino Clerk, . 9. R. Yearzem _ , Clerk ;TION PRECINCT NO. 1 . R. E. Gallagher , Presiding Judge, E. Gallagher , Assistant Judge, . Kate Borden , Clerk, s Elizabeth Gorbet ,.Clerk. MON PRECINCT N0. 5 J. Dineen , Presiding Judge, . Olive Dineen , Assistant Judge, D. C. Gussett , Clerk, rge Peters , Clerk. CTION PRECINCT NO. 6 D. Hi Jr. , Presiding Judge, . Marjorie Paul , Assistant Judge, Mrs. R. W. Parker . Clerk. ELECTION PRECINCT N0._7 A. D. Rollins, Jr. Presiding Judg:, Mrs. Richard Bluntzer , Assistant Judge, Mrs. Florence Rollins , Clerk, Mrs. H. A. T.Y..r , Clerk. POLLING PLACE City Hall H. H. Edwards, 204 Mesquite Chest.. Heath School, Mestina and Carrizo Solomon Coles School Gym, 924 Winnebago Civic Center, 700 South Broadway New Fire Station, 3312 Leopard St. iELECTICN PFZCINCT NO. 8 Julian Priour y Presiding Judge, Mrs, F. M..Thomason a , Assistant Judge, _Mrs. Fars, Du,m , Clerk, Flence Punter Clerk, 1ZION, P =I FT Ns, lz .ma_ E. ROb—t, .. Presiding Judge, Fred C.. Rgeder , Assistant Judge, Gordon C. Hieber , Clerk, �t� Marcus Lutz , Clerk 4II,ECTION PRECINCT NO., 20 ? Her— W Wilson , Presiding Judge, l�rs. John Auev , Assistant Judge, i� Mrs. Rose Wilson I Clerk, I.II Mrs. Bessie R. Beard., Clerk. i'ELECTION PRECINCT NO. 21 III. J. M. Haile_ , Presiding Judge, i Mrs. A. E. Tucker , Assistant Judge, J. C. Louisan , Clerk, John R. Trett , Clerk. ELECTION PRECINCT N0. _ I '.,�. Ramon T. Lopez , Presiding Judge, Mrs. M. Gerrera , Assistant Judge, Fermin T. Lopez , Clerk, ELECTION PRECINCT NO._ Mrs. L. M. Hulbirt Presiding Judge, L. M. Hulbirt , Assistant Judge, Mrs. Robt. Pinson , Clerk, Mrs. Rosa Barnes , Clerk. PO NG PLACE Oak Park Methodist Church, 878 Oak Park 7516 Ocean Drive V.F.W. Hall, 4302 Ayers Breakers Hotel, 36111 Hamilton Road Holy Cross School, 1123 N. Staples Edward Furman School, Room 1, 1115 Chamberlain ELECTION PRECINCT xQ. Presiding Judge, Assistant Judge, y 8 E7 vs ffiatton .. y Clerk, Evangeline .Lrn___j Clerk# „tw Presiding Judge, r_ av q rd ;. Assistant Judgb *.. M_re Ce� Clerk, Mrs R. P. Souk Clark I I 'TICK MI NC -. eF'h•'+� --+• I' Mrs J $ Yetters ' Pres1$1,i#g Judg9�. Mrs. Walter Petters:-, ant x i Mrs E. T. Wicker :, 4101*k -- Mrs. F. J. Har oa ._..,Ole rk. I Fg TION PRECINCT NO. IL_ IJ. BR.,t erfcrd , Presiding Judge, R. L. West , Assistant Judge, I� Mrs. F. L. Alexander Clerk, ;t Clerk. ELECTION PRECINCT N0.40._. POLLING Pi.ACE 1324 Agnes Street Geo. Evans School, 1317 Comanche Crossley School, 2412 Koegke Eubanks Music Company, 1405 Third Central - Churchof - Christ. 1610 L view Morgan Street Fire Station, Ul Morgan Presiding Judge, urs 3, H- ,r_tt _, Assistant Judge, Mrs, Rcy Batt Perk, Mrs F E. Peokn..,...b , Clerk. ELECT 7DN PRECINCT 40, Ip,_ E. A. Medford PrOiding JAP, Assistant Judge, ,Mr.. Clifton Lg,ja , Clerk, �u.._ — c_ --, Clerk. POLLING Pi.ACE 1324 Agnes Street Geo. Evans School, 1317 Comanche Crossley School, 2412 Koegke Eubanks Music Company, 1405 Third Central - Churchof - Christ. 1610 L view Morgan Street Fire Station, Ul Morgan PRECINCT NO.� Presiding Judge, Pyle , Assistant Judge, B. Brooks , Clerk, C. Williamson, Clerk. PRECINCT NQ._L6j_ is Gsalis Presiding Judge, Mon, , Assistant Judge, S. Liles Clerk, cWans jr., Clerk PIMINCT NO. I4 rise. Jr. , Presiding Judge, for na pen. , Assistant Judge, n ardirav Clerk, E. Solis Clerk, MON PRECINCT NO. 45 _ 3•.T..- .B^._ SPRY Presiding Judge, E. Sparks , Assistant Judge, i. John Cantu , Clerk, Philip Tanis , Clerk. .TION PRECINCT NO. 6 H. Scott , Presiding Judge, B. Mascorro , Assistant Judge, Mat— E4Z ,7, , Clerk. ELECTION PRECINCT NO. 1,7 Frank Richie Presiding Judge, C. S. Coffman , Assistant Judge, Mrs. A. C. Kuse , Clerk, Mrs. 0. C. Chandler , Clerk. POLLING PLACE R. B. Fisher School, Mincesota and Fort Worth Ww. Travis School, 1545 Tarleton Meadow Park Church of Christ, 314 Cheyenne Goo. Wiggins Homes, 2320 Buford Lamar School, 2212 Morris Street Leopard Street Fire Station, 1829 leopard i,LECTICN PRECINCT NO. 48 Mike W. Saens 0 Presiding Judge, A. R. .Gomez , Assistant Judge, Arty Falcon , Clerk, Oleganc Venegas. Clerk, P La ,Tom Whelau . Presiding Judge, W. J. Gribbin : Assistant Judge, Mrs. Nellie Whelan Clerk, Mrs. Tom Whelan , Clerk ELECTION W INCT &&,,.ZO Billie Cox , Presiding Judgej Bob Sorrell , Assistant Jude., Mrs. W. W. Green Cle r'k, Harry Stuth ,Clerk. ELECTION PRECINCT NC. 5p gga Lee Jolxnson , Presiding Judge, Mra. Violet a— Assistant Judge, Mrs. Grace Stevens _, Clerk, R. J. Victor , Clerk. ELECTION P1 R ciwT No. 53 Victor R. Foerster , Presiding Judge, B. 0. Horton , Assistant Judge, Mrs. Maude E. Jack ,Clerk, 0. M. Rogers , Clerk. TID N PRECINCT 110. 6 Louis M. Coles , Presiding.JUdgs,_ ff. H. Giddle , Assistant Judge, H. W. Bremer , Clerk,, _ W. Faupel ,.Clerk„ POLLING PLACE Community House, 318 16th street City Market, 1302 Leopard Louisiana Street Fire Station, Louisiana and Fifteenth Villa Gardens, Robert Driscoll Junior High School, Old Robstown Road opposite S—st Heights Sam Houston School, Arcadia Village (363 Norton) La Armada Recreation Room, Administration Building, 3701 Vwi i :LECTION PRECINCT NO. Mrs. E. H. Andrea , Presiding Judge, Mrs. P. A. Tom , Assistant Judge, Mrs. Ben E. Shaw , Clerk, Mrs. E. D. Fredrick Clerk. _ RNUON F +.1.AT Atlee Vo aWbell Presiding Judge, Mrs. Maude Smith ,. Assistant Judge, De Lis Smith Clerk, Mrs. E. E. Trader, Sr• Clerk •,7,E,'CTION P INCT,59 Jenks Smith Presiding Judge,. Morris lihite , Assistant Judge, E. A. Stone Clerk, A. L. Krafft Clerk. 9LCT10N PRECINCT N0, 60 Ee_rigrt Wianken ,.Presiding Judge, Mrs..Herbart Wienken , Assistant Judge, Mrs. 1P. W. Maxwell_, Clerk, E. E. Ro..her , Clerk. ELECTION PRECINCT NO._ E. W. Faubion , Presiding Judge, Glen S. Smith , Assistant Judge, .bbev . Clerk. PRECINCT NO...gL_ . Use. , Presiding Judge, y 4.11. , Assistant Judge, B. Williams , Clerk, y Finigan. , Clerk, POLLIWI PLACE Viestminister Presbyterian Church, 2045 Eighteenth Manger School, 2209 Alameda Santa Fe and Texas Streets Stephen F. Austin School, Morgan Street George - dfashington Carver School, Campana at Hedden Wynn Seale Junior High School, 1707 Ayer. 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 I'. City and who have duly rendered the same for taxation, shall be qualified ii to vote. SECTION b. The polls will be open from 8 o'clock A. M. to 7 d clock P. IL 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.* "PROPOSITICN "As FOR THE ISSUANCE OF REVENUE BONDS FOR IMPROVING THE WATWORKS SYSTEM." And those oonosed to the proposition to issue the said revenue bonds for improving the waterworks system shall have written or printed ou their ballots the following words; "PROPOSITION "A" AGAINST THE ISSUANCE OF REVENUE BONDS FOR IDTROVING THE WATm1,,1OFM SYSTIIW. SECTION 7. The manner of holding said election shall be as prescribed by Chapter 1 of Title 22 of the Revised Civil Statutes of Texas. SECTION S. A substantial copy of this Ordinance, signed by the kayor of the City of Corpus Christi, and attested by the City Secretary, 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, being a news- paper 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 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 improvements 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 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, 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 ACCORDBIGLY SO ORDAINED. PASSED AND AP?ROVHD, this day of D. 1948. yor ATTEST: City of Corpus Christi, Texas. City Sicre APPROVED AS TO LEGAL FORM: Ci y ey C start City torney Corpus Christi, Texas March ate, 1948 TO THE CITY COUNCIL Corpus Christi, Texas. Gentlemene It is essential that improvements, extensions, repairs, or replacements be made of and to the waterworks system of the City of Cor- pus 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 Five Hundred Fifty Thousand Dollars ($2,550,000.00) for water works system improvement. 1, therefore, request that the City Council pass the proposed ordinance calling an election for the issuance of the aforesaid bonds, 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 subject. Your% //s v truly, Wesley E. Seale, Mayor City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seel. George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the ollawing vote- Wesley B. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson THE STATE OF TESAS COUNTY OF NUECES s CITY OF CCiiPUS CHRISTI �I i I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance passed by the City Council of the City of Corpus Christi, Texas, (and of the minutes partaining thereto), on the day of , 1948, calling an election on the question of the issuance of 162,550,000.00 Revenue Bonds, and declaring an emergency, which Ordinance is duly of record in the Minutes of the City Council. l",ITNE5S MY HAND AND SEAL OF OFFICE, this day of , 1948• City Secretary, City of Corpus Christi, Texas. (SEAL)