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HomeMy WebLinkAbout03607 ORD - 11/25/1953THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 25 day of November, 1953, the City Council of the City of Corpus Christi, Texas, convened in regular meeting, with the following members of said Council present, to —wit: A. A. Lichtenstein Mayor J. S. Naismith, Ellroy King, Commissioners P. C. Callaway W. James Brace, T. Ray Kring City Secretary Russell E. McClure Citv Manaoer 1. M. Singer City Attorney with the following absent: none, constituting a quorum, at which time the following among other business was transacted: Mr. A. A. Lichtenstein, Mayor, presented for the con- sideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, November 25, 1953. TO THE CITY COUNCIL CORPUS CHRISTI, TEXAS Gentlemen: The public importan a and pressing need for the permanent improvements to be constructed use of the proceeds of the bonds voted at the election held on November 24, 1953, create an emergency and an imperative public necessity requiring the suspension of rules and Charter Provisions requiring ordinances to be considered and voted upon at three regular meetings. I, therefore, request that the City Council pass the proposed ordinance canvassing the returns and declaring the result of the election for the issuance of said 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. Yours very truly, A. A. L ichtenstein, Fr, Mayor." Commissioner made a motion that the f 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 r seconded by Commissioner The motion was carried by a unanimous vote by the City Council, v AYES: Commissioners Naismith, King, Callaway and Brace. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. i Commissioner �6.de a motion that the ordinance a passed finally. The motion was seconded by Commissioner / \ �•✓ The motion was carried by the following vote: AYES: Commissioners Naismith, Sing, Callaway and Brace. NOES: None. The Mayor requested that the records show that he voted Aye. This was done. The Mayor announced that the ordinance had been passed. The ordinance is as follows: Q / �j AN.OBDINANCE No. ✓ 6 / BY THE CITY COUNCIL OF THE CIT7 OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DECLARING RESUIR OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $8,000,000.00 WATERWORKS IMPROVEMENT AND E MNSION REVENUE BONDS; $3,000,000.00 SEW IlMPROVEMRNT AND EX- TENSION REVENUE BONDS; $1,000,000.00 GAS SYSTEM REVENUE BONDS; $3,500,000.00 STREET IMPROVEMENT BONDS; $600,000.o0 STREET RIGHT -OF -WAY BONDS; $4,975,000.00 STORM SEWER BONDS; $94,000.00 POLICE BUILDING BONDS; $720,000.00 FIRE STATION BONDS; $201,000.00 TRAFFIC CONTROL SYSTEM BONDS; $1,210,000.00 PARK IMPROVEMENT BONDS; $50,000.00 LIBRARY BONDS; $350,000.00 WAREHOUSE AND STORAGE BONDS; $85,000.00 AUDITORIUM BONDS; $100,000.00 EXPOSITION HAIL, BONDS, AM $115,000.00 STATER FRONT SMPROVEMENT BONDS, AND DECLARING AN EMERGENCY. WHEREAS, heretofore on the 5th day of November, 1953, the City Council of the City of,CC�s Christi, Texas, passed an ordinance calling an election to be held in said City on the 24th day of November, 1953, on the following propositions: ,I PROPOSITION NO. 1 A "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $8,000,000.00, maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate notto exceed Five (5$) per cent per annum, for the purpose of improving and extending the City's Waterworks System, to be issued in accor- dance with and secured in the manner provided in Articles 1110a and Articles 1111 -1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, and as permitted by the ordinances and Indenture authorizing and securing the pre - sently outstanding waterworks revenue bonds, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligations out of funds raised or to be raised by taxation, secured by a pledge of the net revenues from the operation of said system, a deed of trust lien on said system and the pledge of a franchise to operate said system for a term of not exceeding twenty years in event of sale after default as provided in the power of sale contained in said mortgage." PROPOSITION NO. 2 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $3,000,000.00, maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, for the purpose of improving and extending the City's Sewer System, to be issued in accor- dance with and secured in the manner provided in Articles 1111 -1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligations out of funds raised or to be raised by taxation, secured by a pledge of the net revenues from the operation of said system." PROPOSITION NO. 3 & "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $1,000,000.00, maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, for the purpose of improving, re- pairing and extending the City's Gas System, to be issued in accordance with and secured in the manner provided in Articles 1111 -1118, both inclusive, of the Revised Civil Statutes of Texas, 1925, as amended, and as permitted by the ordinance authorizing the presently outstanding gas system revenue bonds, each bond to be conditioned that the holder thereof shall never have the right to de payment of said obligations out of funds raised or to raised by taxation, secured by a pledge of the net re from the operation of said system." ? PROPOSITION NO. 4 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $3,500,000.00, maturing serially in such installments as the City Council may prescribe, the meximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5 %) per cent per sanum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity,for the pur- pose of improving the streets within said City, as authoriz- ed by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 5 o- "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $600,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of purchasing street rights -of -way, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPosinoN No. 6 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds d said City in the amount of $4,975,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of improving the streets of said City by the con- struction of storm sewers, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 7 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $94,000.00, maturing serially in such installments as theCity Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annual],v or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of constructing extensions and enlargements of the existing police building, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 8 . "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $720,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5 %) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of constructing and equipping fire stations within said City, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 9 & "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $201,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5 %) per cent per annum, payable annually or semi - annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide -a sinking fund to pay the bonds at maturity, for the pur- pose of permanently improving the streets of the City by the installation of traffic control systems, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 10 "Shall the City Cc uncil of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $1,210,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (9%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of purchasing and improving lands for park purposes, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 11 "Shall theCity Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $50,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of completing the construction of the public library within said City, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 12 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $350,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of providing funds to construct a public buildig and acquiring a site therefor to be used as a central city ware - house and garage for housing city vehicular and mechanical equipment, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 13 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $85,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of constructing an annex to the existing City Auditorium, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPCSITION N0. 14 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $100,000.00, maturing serially in such installments so the City Council may prescribe, the maximum maturity being mot more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%,) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of permanently improving the city exposition hall, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION NO. 15 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of $115,000.00, maturing serially in such installments as the City Council may prescribe, the maximum maturity being not more than Thirty (30) years from their date, bearing interest at a rate not to exceed Five (5%) per cent per annum, payable annually or semi- annually, and to levy a tax on all taxable property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the pur- pose of permanently improving the water front of the City by the acquisition of additional lands and providing per- manent improvements to the existing city awned yacht basin as authorized by the Constitution and laws of the State of Texas and the Charter of said City." i and WBEREAB, said election was duly held at thetime and placed specified after due notice as required by law had been given by posting and publication; and WHEREAS, said election was duly and legally held on the 24th day of November, 1953, in conformity with the election ordinance hereto- fore passed by this City Council and the result of said election has been certified and returned to this Council by the proper judges and clerks thereof;'. and WHEREAS, this Council has today considered the returns of said election on the propositions hereinabove stated, which was held on the 24th day of November, 1953; 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: PROPOSITION 190. 1 "FOR THE ISSUANCE OF WATERWOWS IMPROVEMENT g AND EXTENSION REVENUE BONDS" 3 Votes "AGAINST THE ISSUANCE OF WATERWORKS IMPROVE - MENT AND EXTENSION REVENUE BONDS" Votes PROPOSITION NO. 2 a "FOR TBE ISSUANCE OF SEWER IlM11ROVEWW AND + EXTENSION REVENUE BONDS" voteslo "AGAINST THE ISSUANCE OF SEWER IMPROVEMENT AND EXTENSION REVENUE BONDS" votss� PROPOSITION NO. 3 "FOR THE ISSUANCE OF GAS SYSTEM REVENUE BONDS" qq pt Votes "AGAINST TEE ISSUANCE OF GAS SYSTEM REVENUE BONDS" l?,46 votes PROPOSITION NO. 4 "FOR THE ISSUANCE OF STREET IMPRROVEMENT BONDS" J 4 Votes "AGAINST THE ISSUANCE OF STREET IlIPROVEMEN'T BONDS" votes PROPOSITION NO. 5 "FOR THE ISSUANCE OF STREET RIGHT-OF-WAY ,J fW j votes BONDS" / "AGAINST THE ISSUANCE OF STREET RIGHT -OF- c 4/ votes WAY BONDS" PROPOSITION No. 6 i "FOR TEE ISSUANCE OF STORM SEWER BONDS" IlLk Votes;,,' "AGAINST THE ISSUANCE OF STORM SEWER BONDS" 'ILA i Votes.d PROPOSITION NO. 7 1 "FOR THE ISSUANCE OF POLICE BUILDING BOHM" Votes; 1 "AGAINST THE ISSUANCE OF POLICE BUILDING BONDS" 24 71, Votes.; PROPOSITION N0. 8 PROPOSITION NO. 15 "FOR THEISSUANCE OF FIRE STATION BONDS" Votes; "AGAINST THEISSUANCE OF FIRE STATION BONDS" Votes. r' PROPOSITION NO. 9 "AGAINST THE ISSUANCE OF WATER FRONT IMPROVE- "FOR THE ISSUANCE OF TRAFFIC CONTROL SYSTEM MENT BONDS" BONDS" Po l Votes; "AGAINST THE ISSUANCE OF TRAFFIC CONTROL SYSTEM BONDS" Votes. PROPOSITION NO. 10 "FOR TBE ISSUANCE OF PARK IMPROVEMENT BONDS" ;l %d votes; i "AGAINST THE ISSUANCE OF PARK IMPROVEMENT BONDS" ^�'a � Votes. PROPOSITION NO. 11 "FOR THE ISSUANCE OF LIBRARY BONDS" "AGAINST THE ISSUANCE OF LIBRARY BONDS" PROPOSITION NO. 12 "FOR THE ISSUANCE OF WAREHOUSE AND STORAGE BONDS" "AGAINST TEE ISSUANCE OF WAREHOUSE AND STORAGE BONDS" i x �3 y Votes; F Votes. Q Votes; 122U Votes. PROPOSITION NO. 13 i "FOR TEE ISSUANCE OF AUDITORIUM BONDS" lfjj Votes; "AGAINST THE ISSUANCE OF AUDITORIUM BONDS" tt a Votes. PROPOSITION N0. 14 "FOR THE ISSUANCE OF NKPOSITION HALL BONDS" o Votes; "AGAINST THE ISSUANCE OF E%POSITION HALL BONDS" t2z Votes. i PROPOSITION NO. 15 1 "FOR THE ISSUANCE OF WATER FRONT DlPROVEMENT BOMB"f Votes; !. "AGAINST THE ISSUANCE OF WATER FRONT IMPROVE- MENT BONDS" ;t �7j' Votes. BE IT ORDAINED BY TE CITY COUNCIL OF THE CITY OF CORPUS CRRISTI, TEXAS: 1. That propositions Nos. 1, 2, 3, 4, 5, 61 8 and 9, to issue the bonds contemplated in each of said propositions were sustained by a majority of the resident, qualified electors who own taxable property in said City and who had duly rendered thesame for taxation voting at said election, and that propositions Nos. 7, 10, 11, 12, 13, 14 and 15 to issue the bonds contemplated in each of said propositions were rejected by a majority of the resident, qualified electors who own taxable property in said City and who had 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 the bonds favored in propositions Nos. 11 2, 3, 4, 5, 6, 8 and 9, in accordance with said propositions and the City Council is not authorized to issue the bonds contemplated in propositions Nos. 7, 10, 11, 12, 13, 14 and 15. 2. That the public importance and the pressing need for the permanent improvements to be constructed by 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 day of November, 1953. Mayor, City of Corpus Chr sti, Texas. ATTEST: -- City Secretary, city,, ,6f Corpus Christr, Texas. APPROVED AS TO FORM AND LEGALITY PRIOR TO PASSAGE: City P.ttor 'y. CORPUS CHRISTI, TEXAS A, OtJ 1953 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH 1N THE EMERGENCY CLAUSE OF THE FOREGOING 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,? MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED )�Y THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLL 1NG VOTE= A. A. LICHTENSTEIN ELLROY KING P. C. CC�A``LLAWAY S. JAMES NAISMITH W. JAMES BRACE I