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HomeMy WebLinkAbout02685 ORD - 01/12/1950ORDINANCE NO.;?2j�6:5__ AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEVENTY FIVE THOUSAND ($75,000.00) DOLLAR MUNICIPAL AUDITORIUM BONDS, SERIES 1950; PRESCRIBING THE TERMS AND CONDITIONS THERE- OF; LEVYING TAXES TO PAY THE PRINCIPAL AND INTEREST THEREON; AND DECLARING AN EMERGENCY WHEREAS, at an election held in the City of Corpus Christi on December 17, 1949, more than a majority of the duly qualified resident electors of said city who own taxable property within said city and who had duly rendered the same for taxation, vot- ing at said election, voted in favor of the issuance of the bonds of said city in the amount of One Million Four Hundred Thousand ($1,400,000.00) Dollars for the purpose of constructing and equipping a municipal auditorium and assembly hall for said city, and the City Council has heretofore canvassed the returns of said election and found that it is authorized to issue said bonds; and WHEREAS, the City Council is of the opinion that it is i desirable at this time to authorize the issuance of only Seventy Five Thousand ($75,000.00) Dollars of said bonds for the purpose of paying the cost of the preliminary expenses such as preparing plans and specifications for the construction of said municipal auditorium and assembly hall, leaving the remaining One Million Three Hundred Twenty Five Thousand ($1,325,000.00) Dollar bonds to be sold and delivered as additional funds are needed; There- fore BE IT ORDAINED by the City Council of the City of Corpus Christi, Texas: Section l: That the bonds of the City of Corpus Christi, Texas be issued in the principal sum of Seventy Five Thousand ($75,000.0() Dollars, to be known and designated as "CITY OF CORPUS CHRISTI MUNICIPAL AUDITORIUM BONDS, SERIES 1950 ", for the purpose of constructing and equipping a mun ieipal auditorium and assembly %lJngS hall for said city, under and by virtue of the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and the City Charter of the City of Corpus Christi. Section 2: Said bonds shall be dated January 15, 1950, shall be numbered from 1 to 75, both inclusive, shall be in the denom- ination of One Thousand ($1,000.00) Dollars each, aggregating Seventy Five Thousand ($75,000.00) Dollars, and shall become due and payable on the 15th day of January in each of the ,years and in the respective amounts shown in the following schedule, to -wit: Bond Nos, Maturity Amount 1 - 5 January 15, 1951 $ 5,000 6 - to " 1952 5,000 11 - 15 " 1953. 5,000 16 - 20 " 1954 5,000 21 - 25 1955 5,000 26 - 30 " 1956 5,000 31 - 35 1957 5,000 36 - 40 " 1958. 5,000 46 552 1959, 5,000 1960 5,000 51 - 55 1961 5,000 56 - 6o " 1862 5,000 61 - 65 " 1963 5,000 66 - 7Q 1964 5,000 71 - 75 „ 1965 5,000 Section 3: Said bonds shall bear interest as follows: Bonds Nos. 1 to 50, both inclusive, at the rate of three (3 %) per cent per annum; Bonds Nos. 51 to 70, both inclusive, at the rate of two and three - fourths (2 -3/4%) per cent per annum; and Bonds Nos. 71 to 75, both inclusive, at the rate of three and one-fourth (3 -1 /4p) per cent per annum; interest payable on January 15, 1951 and semi - annually thereafter on the 15th day of July and the 15th day of January of each year until the principal is paid. Both principal and interest on said bonds shall be payable in lawful money of the United States of America at Harris Trust & Savings Bank, Chicago, Illinois, or, at the option of the holders, at the Corpus Christi National Bank, Corpus Christi, Texas, upon presentation and surrender of said bonds as they respectively become due and, as to interest falling due on and prior to matur- ity, upon.presentation and surrender of the interest coupons attached to said bonds as they severally become due. Section 4: That each of said bonds shall be signed by the Mayor and countersigned by the City Secretary and the corporate seal of the city shall be impressed upon each of them. The facsimile signatures of the Mayor and City Secretary may be lithographed, engraved or printed on the coupons attached to said bonds, and shall have the same effect as if they had been signed by said officers. Section 5: That the form of said bonds shall be substantially as follows: No. -- $1,000.00. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CIRISTI MUNICIPAL AUDITORIUM BOND SERIES 1950 The City of Corpus Christi, in the County of Nueces, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to bearer on January 15, lo_, the sum of ONE THOUSAND DOLLARS ($1;000.00) in lawful money of the United States of America, with interest thereon from date at the rate of ( * %) per annum, payable January 15, 1951 and semi- annually thereafter on July 15th and January 15th of each year until the principal sum shall be paid; both principal and interest are payable at Harris Trust & Savings Bank, Chicago, Illinois, or, at the option of the holders, at the Corpus Christi National Bank, Corpus Christi, Texas, and interest falling due on and prior to maturity is payable only upon presen- tation and surrender of the interest coupons hereto attached as they severally become due. This bond is one of a series of seventy five (75) bonds of like date and tenor except as to number, maturity and interest rate, numbered from 1 to 75, both inclusive, in the denomination of One Thousand (1,000.00) Dollars each, aggregating Seventy Five Thousand ($75,000.00) Dollars, and is issued for the pur- pose of constructing and equipping a municipal auditorium and assembly hall for said city, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Vernon's Civil Statutes of the State of Texas, 1925, as amended, and the Charter of the City of Corpus Christi, and pursuant to an ordinance duly passed and adopted by the City Council of said city, which ordinance is of record in the Minutes of said City Council, The date of this bond, in conformity with the above men- tioned ordinance, is January 15, 1950= It is hereby certified, recited and represented that the series of bonds of which this bond is a part, was authorized at an election held in the City of Corpus Christi, Texas, on Decem- ber 17, 1949, and that all acts, conditions and things necessary to be done precedent to and in the issuance of these bonds, in order to make them legal, valid and binding obligations of said city, have been done, have happened and been performed in regular and due time, form and manner asrequired by law; that due prov- ision has been made for levying and collecting annually by taxa- tion an amount sufficient to pay the interest on these bonds as it falls due, and to provide a sinking fund for the final re- demption of said bonds at maturity; and that the issue of bonds, Of which this one is a part, together with all other indebtedness of said city, does not exceed any constitutional or statutory limitation, IN WITNESS WhT;REOF, the City Council of the City of Corpus Christi, Texas, has caused the seal of said city to be affixed hereto and this bond to be signed by the Mayor and countersigned by the City Secretary, and the interest coupons hereto attached to be executed by the facsimile signatures -of said Mayor and City Secretary, as of January 15, 1950. Mayor, City or Corpus Christi, Texas Countersigned: ­.Y ecretary, City o orpus Christi, Texas *(Bonds Nos. 1 to 50, both inclusive, at the rate of 3% oer annum; Bonds Nos. 51 to 70, both inclusive, at the rate of 2 -3/4�p per annum; Bonds Nos. 71 to 75, both inclusive, at the rate of 3 -1/4% per annum) Section 6: The form of coupons to be attached to said bonds shall be substantially as follows: No. On the 15th day of 19_, the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer at Harris Trust & Savings Bank, Chicago, Illinois, or, at the option of the holders, at the Corpus Christi National Bank, Corpus Christi, Texas, the sum of $ in lawful money of the United States of America, being the interest due that date on the City of Corpus Christi Municipal Auditorium Bonds, Series 1950, dated January 15, 1950, Bond No. Mayor C y ecre ary Section That the following certificate shall be printed on the back of each of said bonds: OFFICE OF THE COMPTROLLER TEE STATE OF TEXAS REGISTER NO. I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon said City of Corpus Christi, Texas, and that said bond has this day been re- gistered by me. WITNESS my hand and seal of office at Austin, Texas, this day of , 1950, Comptroller o u is Accounts of the State of Texas Section 8: While said bonds, or any part of the principal thereof or interest thereon, remain outstanding and unpaid, there is here- by levied and there shall be annually assessed and collected in due time, form and manner and at the time other city taxes are assessed, levied and collected in each year, a tax upon all taxa- ble property in said City of Corpus Christi, Texas, sufficient to pay the current interest thereon and to create a sinking fund to pay the principal as it matures; and to pay the interest on said bonds and create said sinking fund, there is hereby levied for the current year 1950, a tax at the rate of D. ? 9 S S- cents on each $100 valuation of taxable property within said city, and the same shall be assessed and collected and applied to the purpose named; and for the purpose of providing a fund for the payment of principal and interest on said bonds as they respectively become due and payable, there is hereby levied for each of the years while said bonds or any part of the princi- pal thereof or any interest thereon remain outstanding, an annual ad valorem tax upon all taxable property within said city suffi- cient therefor and said taxes, when collected, shall be applied to the payment of principal and interest on said bonds, and to no other purpose. Section 9: That the Mayor shall take and have charge of said bonds pending their investigation and approval by the Attorney General and, when so approved, shall deliver them to the Comp- troller of Public Accounts of the State of Texas for registration. Section 10: The sale of said bonds to John Nuveen & Co., Chicago, Illinois, and associates, at a price equal to the principal amount of said bonds plus accrued interest thereon from the date of said bonds to the date of actual delivery, subject to the unqualified approving opinion as to legality by the Attorney General of Texas and Vandewater, Sykes, Heckler & Galloway, Attorneys at Law, New York, New York, is hereby authorized, approved, ratified and confirmed. When said bonds have been approved by the Attorney General of Texas, and registered by the Comptroller of Public Accounts of the State of Texas, they shall be delivered to the purchasers upon receipt of the purchase price. The Mayor, City Secretary and City Treasurer are authorized and directed to do any and all things necessary and /or convenient to carry out the provisions of this ordinance. Section 11: That the great public importance and the great press- ing need for the permanent improvements to be constructedby use of the proceeds of sale of said bonds create an emergency and an imperative public necessity requiring the suspension of rules and charter provisions requiring same to be considered and voted upon at three regular meetings, and such facts require that this ordinance be passed and take effect immediately as an emergency measure, and such rules and provisions are hereby suspended and this ordinance is passed and shall take effect as an emergency measure, and shall be in full force and effect immediately upon its passage. PASSED and APPROVED this the UY day of January, 1950. - LrC? MHY6R,- : :R!6� Oity ofvP; drpus Chris -i, Texas ATTEST: City Secre ary Anproved as to form and legality prior to passage. City torn (SEAL) abis Corpus Christi, Texas Y , 1949 TO ME MWERS OF THB CITY CODNCIL Corpus Christi, Texas Gontleasni For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement 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 meetings of the City Councils I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, City p us Christi, Texas The Charter rule was suspended by the fbllowing votes Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Losman The above ordinance was passed by the following votes Leslie Wasserman Jack DeForrest Barney Cott Sydney B. Herndon George L. Lowman 1949 E certify to the City Council that the money required for the contract, agreement, obligation, or expenditure contemplated in the above and foregoing Ordinance is in the Treasury of the City of Corpus Christi to the credit of Fund No. from which it is proposed to be drawn, and such money is not appropriated for any other purposes —Director of Finance