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HomeMy WebLinkAbout03423 ORD - 02/05/1953AN ORDINANCE 5�2 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH T. H. LEE. CONTRACTOR, FOR THE CONSTRUCTION OF APPR(K1- MATELY 5200 FEET OF 15" SANITARY SEWER MAIN PARALLEL TO AND APPROXIMATELY 1300 FEET SOUTH.. EAST OF WEBER ROAD FROM SOUTH STAPLES STREET TO McARDLE ROAD; PROVIDING METHOD OF PAYMENT BY ISSUANCE OF SECOND LIEN SANITARY SEWER SYSTEM REVENUE WARRANTS TO BE KNOWN AS "CITY OF CORPUS CHRISTI, TEXAS, SECOND LIEN SANITARY SEWER SYSTEM REVENUE WARRANTS, SERIFS 1953 ": FIXING TERMS OF SAID WARRANTS; AND DECLARING AN EMERGENCY. WHEREAS, The City Council of the City of Corpus Christi has deemed it necessary for and approved the plans and specifications for the construction of approximately 5200 feet of 15" sanitary sewer main parallel to and approximately 1300 feet southeast of Weber Road from South Staples Street to McArdle Road, said extension being installed to serve parts of Lots 13 and 149 Section b Paisley's Subdivision of the Hoffman Tract, Corpus Christi, Texas; and WHEREAS, It has been determined by the City Council that it is to the best interest of the City of Corpus Christi, Texas, to finance the said construction by the issuance of sanitary sewer system revenue warrants; and WHEREAS, a contract has been awarded to T. H. Lee, Contractor, for the construction of said sewer system extension in accordance with the plans and specifications and the contract documents on file in the Office of the City Secretary, and according to the bid of said T. H. Lee, said bid being the lowest and most advantageous to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed for and an behalf of the City of Corpus Christi to execute a contract with T. H. Lee, Contractor, for the construction of a sanitary sewer main approximately 5200 feet in length of 15" vitrified tile, said main to be parallel to and approximately 1300 feet southeast of Weber Road from South Staples Street to McArdle Road, to serve parts of Lots 13 and 14, Section A Paisleys Subdivision of the Hoffman Tract of the City of Corpus Christi, Texas, which contract has been awarded said T. H. Lee, Contractor, in accord- ance with the plans, specifications and contract documents on file in the City Secretary's Office, and made a part hereof by reference, and according to the Bid of said T. H. Lee, Contractor, being the lowest and most advan.. tageous to the City, said bid having been opened on the 3rd day of February, 1953. SECTION 2. There is hereby appropriated the actual cost of such extension to the Sanitary Sewer System of the City of Corpus Christi, Texas, by the issuance of warrants as hereinafter provided, such actual cost being determined by the application of the unit bid to such improve- ments, and such actual cost, if different from the sum of $26,979.30, shall be determined by the Director of Public Works of the City of Corpus Christi, Texas, upon completion of the said sewer system extension and such doterwina- tion by said Director of Public Works shall be final and binding upon all parties concerned. SECTION 3. That to provide funds for the payment of the actual cost of said extension to the City of Corpus Christi Sanitary Sewer System there is hereby authorized* pursuant to the Statutes of the State of Texas, including and particularly Articles 1111 a and 2368 at Revised Civil Statutes, and there shall be issued "City of Corpus Christi, Texas, Second Lien Sanitary Sewer System Revenue Warrants, Series 1953 ", aggregating the sum of $26 *979.30, or the increase or decrease of such contract amount by the application of the unit bid to the work actually done and as finally deter- mined by the Director of Public Works of the City of Corpus Christi, Texas, as hereinbefore provided. such contract amount not in any event to exceed $29,000; said warrants to be Numbered One (1) to Six (6), both inclusive. of denominations as follows: Nos. 1, 2. 3, 4, and 5 shall each be in the sum of $5,000.00 and No. 6 shall be in the amount of $1.979.30 or in such amount in excess of $25 *000, as the Director of Public Works shall find the actual cost of such extension of the sanitary sewer system to be, said warrants to be dated as of date of accept- ance of said sanitary sewer system extension by the City of Corpus Christi, Texas, and shall bear interest at the rate of four and one-half per cent (4�%) per annum, such interest to be paid annually on the anniversary of the date of acceptance. Said warrants shall mature as follows: Warrant No. One (1) on or before one year from date of issue; Warrant No. Two (2) on or before two years from date of issues Warrant No. Three (3) on or before three years after date of issue; Warrant No. Four (4) on or before four years after date of issue; Warrant No. Five (5) on or before five years after date of issue; Warrant No. Six (6) on or before six years after date of issue. Each of said warrants shall be signed by the (Mayor, on behalf of the City of Corpus Christi, Texas, and attested by the City Secretary of said city, and shall be payable (and shall so provide) only out of the revenues of the City of Corpus. Christi Sanitary Sewer System, after the deduction of reasonable operation and maintenance expense and all other expenses and deduc- tions provided and allowed by the statutes of the State of Texas in regard to the issuance of warrants and bonds pledging the revenues of Water and Sewer Systems of cities, and the payment of the amounts required for the payment of the following described bonds, the bond fund, the sinking fund and all other payments required in connection with "City of Corpus Christi, Texas, Sanitary Sewer System Revenue Bonds. Series 1935" and the deed of trust securing the same. in accordance with the provisions of Ordinance No. 559, passed and approved by the City Council of the City of Corpus Christi, Texas, on November 4. 19359 and the said warrants shall be, and shall so provide, that they are second and inferior to the said Series 1935 Sewer System Revenue Bonds, and that the lien securing said warrants shall be second and inferrior to the liens secur- ing the said Series 1935 Sewer System Revenue Bonds. Said warrants shall further provide that the holder shall never have the right to demand payment of said warrants out of any funds raised or to be raised by taxation. Said warrants shall be payable to the City of Corpus Christi. Texas. SECTION 4. The form of said warrants shall be substantially as follows: No. $ Corpus Christi. Texas 1953 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CiR2ISTI SECOND LIEN SANITARY SEMER SYSTEM WARRANT SERIES 1953 The City of Corpus Christi, in the County of Nueces, in the State of Texas, for value received, hereby acknowledges itself indebted to and promises to pay to T. H. Lee, of Nueces County, or his order. on or before years from date hereof, the sum of DOLLARS in such funds as are, on said date, legal tender for debts due the United States of America, with interest thereon from date at the rate of four and one-half (d *x) per cent per annum, payable annually on the anniver- sary of the date hereof until the principal sum shall be paid; both principal and interest being payable at the office of the City Treasurer. in the City of Corpus Christi. Texas. This warrant is subject to the condition and every holder hereof by accepting the same agrees with obligor and every subsequent holder hereof that the obligor and any agent of obligor may treat the holder of this warrant as the absolute owner hereof for all purposes and shall not be affected by any notice to the contrary and that the surrender of this warrant to the obligor or any agent of obligor shall be a good discharge to the obligor for the same. This warrant is one of a series of warrants of like tenor and effect except as to denomination and maturity, numbered one (1) to six (6) both inclusive; Nos. I through 5, inclusive, being in the principal sum of $5,000 each and No. 6 being in such amount as the amount of the actual cost of the extension of the City of Corpus Christi, Texas. Sanitary Sewer System, as authorized by Ordinance No. of the City of Corpus Christi, Texas, exceeds $25,000.00 as finally found and determined by the Director of Public Works of the City of Corpus Christi. Texas, said warrants being in the approxi- mate amount of $26,979.30, and issued by the City of Corpus Christi. Texas, for the purpose of securing funds to construct an extension of the Sanitary Sewer System of said City. This warrant and the series of which it is a part constitutes special obligations of the City of Corpus Christi, Texas, payable only out of the revenues of the City of Corpus Christi Sanitary Sewer System, after the deduction of reasonable operation and maintenance expense and all other expense payments and deductions provided and allowed by the Statutes of Texas in regard to the issuance of warrants and bonds pledging the revenues of Water and Sewer Systems of cities, and the payment of the amounts required for the payment of the following described bonds, the bond fund* the sinking fund and all other payments required in connection with "City of Corpus Christi, Texas Sanitary Sewer System Revenue Bonds, Series. 1935 ", and the deed of trust securing the same in accordance with the provisions of Ordinance No. 559, passed and approved by the City Council of the City of Corpus Christi, Texas, on November 4. 1935, and this warrant, and all of the series of which it is a part, is second and inferior to the said "City of Corpus Christi, Texas, Sanitary Sewer System Revenue Bonds, Series 1935 ", and the lien securing this warrant, and the series Of which it is a part is second and inferior to the liens securing the said "City of Corpus Christi Sanitary Sewer System Revenue Bonds. Series 1935 ". 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. And it is hereby certified that the issuance of this warrant and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this warrant to render the same lawful and valid have been done. IN TESTIMONY WHEREOF, The City Council of the City of Corpus Christi, Texas, has caused the seal of the said City to be impressed hereon and this warrant to be signed by the Mayor and countersigned by the City Secretary. MAYOR The City of Corpus Christi COUNTERSIGNED: City Secretary SECTION S. That the necessity for adequate sanitary sewers within the City limits in order to protect the health and general welfare of its citizens creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor, declaring such emergency and necessity to exist, having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction, and take effect and be in full force and effect and after its passage, IT IS ACCORDINGLY SO ORDAINED. Passed and approved, This the L4day of February, 1953. MAYOR ita The City f Corp VChristi, Texas City Secretary APPROVED AS 1 LEGAL FiiRl(: City Attorney CORPUS +.HRiSTIy TEXAS ,4-.- TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLLMEN FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC tMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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 COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL RESPECTFULLY, MAYOR fu L vw CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: LESLIE WASSERMAN e FRANK E. WILLIAMSON .JACK DEFORREST GEORGE L. LOWMAN MIKE A. NEEDHAMy JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: LESLIE WASSERMAN FRANK E. WILLIAMSON /y JACK DEFORREST (�/( /vP°° (27 GEORGE L. COWMAN MIKE A. NEEDHAM, JR 3q Z3 I CERTIFY TO THE CITY COUNCIL THAT THE MONEY REQUIRED FOR THE CONTRACT, AGRE- EMENT, OBLIGATIONS OR EXPENDITURE CONTEMPLATED IN THE ABOVE AND FOREGOING ORDINANCE 15 IN THE TREASURY OF THE CITY OF CORPUS CHRISTI xxxxxxx3oommiciDdin by issuance of Second Lien Sanitar Sewer Smtem Revenue Warrants to be known as "CITY OF CORPUS ZTik3ST�T�XA�, SECOND LIEN SANITARY SEWER SYSTEM REVENUE WARRANTS, SERIES 1953" R=NXFROM WHICH IT 15 PROPOSED TO BE DRAWN, AND SUCH MONEY IS NOT APPROPRIATED FOR ANY OTHER PURPOSE.