Loading...
HomeMy WebLinkAbout04413 ORD - 12/14/1955TEE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CERISTI On this the 14Tii day of December, 1955, the City Counc9 of the City of Corpus Christi, Texas, convened in SPECIAL meeting, with the following members of said Council present, to -wit: Farrell D. Smith, Mayor, Minor Culli, B. E. Bigler, Commissioners, W. J. Roberts, . M. P. Maldonado, T. Ray Kring, City Secretary, Russell E. McClure, City Manager, I. M. Singer, City Attorney, with the following absent: Norge , constituting a quorum, at which time the following among other business was transacted: Mss. iICCLUr;E presented for the consideration 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, December Id, 1955• TO TIM MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas. Gentlemen: For the reasons set forth in 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 Council. 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, Is/ Farrell B. Smith, Mayor City of Corpus Christi, Texas Commissioner SIGLE13 made a motion that the Charter provisions 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 Commissioner RoaF:RTS The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. NOES: None. The Mayor requested that the records show that he voted "Aye ". This was done. Commissioner HALDONAOO made a motion that the ordinance be passed finally. The motion was seconded by Commissioner CULLi The motion was carried by the following vote: AYES: Commissioners Culli, Bigler, Roberts and Maldonado. 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: ORDIINANCE NO. 1- 4 13 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS, SEWER IMPROVEMENT AND EXTENSION REVENUE BONDS, SERIES 1955, IN THE AGGREGATE AMOUNT OF $335,000, BEARING INTEREST AT THE RATES HEREINAFTER SPECIFIED, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EX- TENSIONS TO THE CITY'S SANITARY SEWER SYSTEM; PRESCRIB- ING THE FORM OF BOND; PLEDGING THE REVENUES OF THE CITY'S SANITARY SEWER SYSTEM; PROVIDING THAT THE LIEN UPON THE REVENUES SECURING SUCH BONDS SHALL BE OF EQUAL DIGNITY AND ON A PARITY WITH THE PLEDGE SECURING $1,500,000.00 CITY OF CORPUS CHRISTI, TEXAS, SEWER IM- PROVEMENT AND EXTENSION REVENUE BONDS, SERIES 195+ AND $1,165,000.00 CITY OF CORPUS CIIRISTI, TEXAS, SEWER IM- PROVENENT AND EXTENSION REVENUE BONDS, SERIES 1954 -A; PROVIDING FOR THE EXPENSE OF OPERATING SAID SYSTEM; MAKING CERTAIN COVENANTS OF THE CITY IN REFERENCE TO THE BONDS AND THE BOND FUND FROM WHICH SAID PRINCIPAL AND INTEREST ARE TO BE PAID; PROVIDING THAT THE HOLDER OR HOLDERS OF SAID BONDS SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID BONDS OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; ORDAINING OTHER MATTERS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. WHEREAS, on the 24th day of November, 1953, an election was held in the City of Corpus Christi, Texas, resulting favorably to the issuance of $3,000,000.00 Sewer Improvement and Extension Revenue Bonds; and WHEREAS, on Niarch 17, 1954, the City Council of the City of Corpus Christi, Texas, passed an ordinance directing the issuance of $1,500,000.00 City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bonds, Series 1954, dated January 15, 1954, (hereinafter called "Series 1954 Bonds "); and WHEREAS, said Series 1954 Bonds and said authorizing ordinance reserved to the City the right to issue the remaining $1,500,000.00 Sewer Improvement and Extension Revenue Bonds voted at the election held on November 24, 1953, under the conditions set forth in Section 20 of said authorizing ordinance; and WHEREAS, on December 15, 1954, the City Council of the City of Corpus Christi, Texas, passed an ordinance directing the issuance of $1,1651000.00 City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bonds, Series 1954 -A, dated December 15, 1954, (hereinafter called "Series 1954 -A Bonds "); and WHEREAS, the conditions prescribed in Section 20 of said original authorizing ordinance have been fulfilled and exist so that the City now has authority under said Section to issue the remaining voted bonds herein authorized; and WHEREAS, at this time it is considered proper to sell the remaining Three Hundred Thirty Five Thousand ($335,000.00) Dollars of said authorized bonds; and WHEREAS, it is now necessary and proper that the City Council proceed with the issuance of such revenue bonds; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That to provide funds for the purpose of improving and extending the City's Sanitary Sewer System, pursuant to the Constitution and Statutes of the State of Texas, including particularly Articles 1111 to 1118, both inclusive, of 1925 Revised Civil Statutes of Texas, as amended, and the Charter of said City, there shall be issued City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bonds, Series 1955, aggre- gating Three Hundred Thirty Five Thousand ($335,000.00) Dollars, numbered from One (1) to Three Hundred Thirty Five (335), both inclusive, of the de- nomination of One Thousand ($1,000.00) Dollars each. 2. That said bonds shall be dated December 15, 1955, and shall bear interest at the rates as follows: Bonds Nos. 1 to 300 _, both incl., ' A % per annum Bonds Nos. � I to , 7 2 % per annumi Bonds Nos. to 1tij_, " 7 /o per annum, 3f Bonds Nos. _1�Y to per annum, payable July 15, 1956, and semi- annually thereafter on January 15th and July 15th of each year; principal and interest of said bonds shall be payable in lawful money of the United States upon presentation and surrender of bond or proper coupon at the Harris Trust and Savings Bank, Chicago, Illinois, or, at the option of the holder, at the Corpus Christi National Bank, Corpus Christi, Texas, without exchange or collection charges to the owner or holder thereof, and they shall mature as follows: BONDS NUMBERS MATURITY DATES AMOUNTS 1 to 5, both incl., January 15, 1957, $ 5,000.00 6 to 10, January 15, 1958, 5,000.00 11 to 15, " January 15, 1959, 5,000.00 16 to 20, January 15, 1960, 5,000.00 21 to 30, " January 15, 1961, 10,000.00 31 to 40, " January 15, 1962, 10,000.00 41 to 50, " January 15, 1963, 10,000.00 51 to 60, January 15, 1964, 10,000.00 61 to 70, " January 15, 1965, 10,000.00 71 to 80, January 15, 1966, 10,000.00 81 to 90, January 15, 1967, 10,000.00 91 to 100, " " January 15, 1968, 10,000.00 101 to 110, January 15, 1969, 10,000.00 111 to 120, January 15, 1970, 10,000.00 121 to 135, January 15, 19712 15,000.00 1-3-6 to 150, January 15, 1972, 15,000.00 151 to 165, " January 15, 1973, 15,000.00 166 to 180, " January 15, 1974, 15,000.00 181 to 195, " " January 15, 1975, 15,000.00 196 to 210, January 15, 19762 15,000.00 211 to 225, " January 15, 1977, 15,000.00 226 to 240, " January 15, 1978, 15,000.00 241 to 255, " January 15, 1979, 15,000.00 256 to 270, " " January 15, 1980, 15,000.00 271 to 285, January 15, 1981, 15,000.00 286 to 300, " January 15, 1982, 15,000.00 301 to 315, " " January 15, 1983, 15,000.00 316 to 335, " January 15, 1984, 20,000.00 3. In Bonds Numbers One Hundred Thirty Six (1306) to Three Hundred Thirty Five (335), both inclusive, the City shall reserve the option of calling each such bond for redemption prior to maturity on the 15th day of January, 1971, and thereafter on any interest payment date, at a price of par and accrued interest to date so fixed for redemption. Notice of such redemption is to be published in a financial publication in the City of New York, New York, at least once, not less than thirty days before the date fixed for prior payment and thirty days' notice in writing is to be given to the places of payment before the date so fixed for prior payment. At the time said call is made, funds shall be made available for such purpose in an amount sufficient to pay the bonds called and accrued interest thereon. If, upon the happening of the above conditions said bonds are not presented for payment, they shall not thereafter bear interest. 4. That each of said bonds and interest coupons shall be executed by the imprinted facsimile signature of the Mayor and counter- signed by the imprinted facsimile signature of the City Secretary, and the corporate seal of the City of Corpus Christi, Texas, shall be impressed upon each of them. Such facsimile signatures shall have the same effect as manual signatures. 5. That said bonds shall constitute special obligations of said City of Corpus Christi and each of said bonds shall contain the pro- vision that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation. 6. 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 CHRISTI SEWER IMPROVEMENT AND EXTENSION REVENUE BOND SERIES 1955 The City of Corpus Christi, in the County of Nueces, State of Texas, a municipal corporation duly incorporated under the laws of the State of Texas, for value received, hereby acknowledges itself indebted to and promises to pay to the bearer hereof on the 15th day of January, 19_, the I sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date hereof at the rate of ( *o) per cent per annum, payable July 15, 1956 „ and semi - annually thereafter on January 15th and July 15th of each year, unt the principal sum shall be paid. Interest maturing on and prior to the maturity of this bond is payable in lawful money of the United States of America, upon presentation and surrender of proper coupons as they severally become due, both principal and interest being payable at the Harris Trust and Savings Bank, Chicago, Illinois, or, at the option of the holder, at the Corpus Christi National Bank, Corpus Christi, Texas, without exchange or collection charges to the owner or holder hereof. This bond is one of a series of bonds of like tenor and effect, except as to number, interest rate, maturity and right of prior re- demption, numbered One (1) to Three Hundred Thirty Five (335), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Three Hundred Thirty Five Thousand ($335,000.00) Dollars, (being part of a total authorized issue of Three Million (3,000,000.00) Dollars), issued by the City of Corpus Christi, Texas, for the purpose of improving and extending the City's Sanitary Sewer System, in accordance with the Constitution and laws of the State of Texas and the Charter of said City, and pursuant to an or- dinance passed by the City Council, duly recorded in the minutes of said City Council, reference to which ordinance is hereby made for a description of the funds charged with and pledged to the payment of the interest on and the principal of the bonds, the nature and extent of the security thereof, and a statement of all of the rights, duties and obligations of the City and the rights of the holders of the bonds, to all the provisions and terms of which ordinance the holder hereof by the acceptance of this bond assents. The date of this bond in conformity with the ordinance above mentioned is December 15, 1955• * *(The City reserves the option of calling this bond for redemption prior to maturity on any interest payment date on and after January 15, 1971, at par and accrued interest, provided thirty days' notice of such call is given in writing to the places of payment and provided said notice is published in a financial publication published in the City of New York, New York. Said notice shall appear in said publication in at least one issue, the date of said issue being not less than thirty days prior to the date so fixed for redemption. If such bond is called for redemption in said manner and if funds sufficient to pay the redemption price shall have been duly placed in the bank of payment by the date fixed for redemption, it shall not thereafter bear interest.) The City reserves the right to issue additional parity revenue bonds for sewer improvements and extensions, under the conditions stated in the ordinance authorizing this bond, said bonds to be payable from the same source as are the Bonds of this issue, the Series 1954 -A Bonds and the Series 1954 Bonds, secured by the same revenues, and shall be on a parity with this issue of bonds, the Series 1954 -A Bonds and the Series 1954 Bonds. Each successive holder of this bond and each successive holder of each of the coupons hereto attached, is conclusively presumed to for go and renounce his equities in favor of subsequent holders for value without notice, and to agree that this bond and each of the coupons hereto attached, may be negotiated by delivery by any person having possession hereof, howso- ever such possession may have been acquired, and that any holder who shall have taken this bond or any of the coupons from any person for value and with- out notice, thereby has acquired absolute title thereto, free from any de- fenses enforceable against any prior holder and free from all equities and claims of ownershipof any such prior holder. Neither the City of Corpus Christi nor its officials nor the paying agent hereinabove named shall be affected by any notice to the contrary. In the event the City later exercises the right to combine the operations of its waterworks and sanitary sewer systems reserved to it in Section 31 of the ordinance authorizing the Series 1954 Bonds, the bonds of this issue, the Series 1954 -A Bonds and the Series 1954 Bonds, together with any additional sewer system revenue bonds subsequently issued and any revenue bonds theretofore or thereafter issued for waterworks purposes, to the extent and in the manner permitted by law at such time, will be payable from the revenues of the combined systems, including all additions, extensions and improvements thereafter made to said combined systems, and, if so authorized by law and prescribed by the City, may be further secured by a mortgage on th combined systems. This bond and the series of which it is a part, together with City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bonds, Series 1954 -A, dated Decem1ber 15, 1954, issued in the amount of $1,165,000.00, and City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bonds, Series 1954, dated January 15, 1954, issued in the amount of $$1,500,000.00, constitute special obligations of the City of Corpus Christi, Texas, payable both as to principal and interest from and secured by a first lien on and pledge of the revenues of the Sewer System, after de- duction of reasonable operation and maintenance expenses, including all salaries, labor, materials, repairs and extensions necessary to render effi- cient service. The holder hereof shall never have the right to demand payment of this obligation out of funds raised or to be raised by taxation. AIVD IT IS IMMY CERTIFIED AND RECITED that the issuance of this bond and the series of which it is a part, is duly authorized by law and by a majority of the resident, qualified electors owning taxable property in said City, and who had duly rendered the same for taxation, voting at an election held for that purpose within said City on the 24th day of November, 1953; that all acts, conditions and things required to exist precedent to and in the issuance of this bond to render the same lawful and valid have been properly done, have happened and been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the ordinance hereinabove mentioned, and that this series of revenue bonds doe not exceed any constitutional or statutory limitations, and that provision has been made for the payment of the principal and interest of this bond and the series of which it is a part by irrevocably pledging to the payment thereof the net revenues of said sewer system of said City of Corpus Christi. IN TESTIMONY WHEREOF, the City of Corpus Christi, Texas, by its City Council has caused the seal of said City to be impressed hereon and this bond and the annexed coupons to be executed by the facsimile signa- ture of the Mayor and countersigned by the facsimile signature of the City Secretary. Mayor, City of Corpus Christi, Texas. COUNTERSIGNED: City Secretary, City of Corpus Christi, Texas. *-(Bonds Nos. 1 to 30 , both incl., 14 ro per annum; Bonds Nos. I to _ 1i5 , " 1 2 % per annum; Bonds Nos. 13o to 33 , " 1 4 per annum.) * #(This paragraph should be omitted from Bonds Nos. 1 to 135, both incl.) 7. The form of said coupons shall be substantially as follows: NO. ON THE 15TH DAY OF 19 The City of Corpus Christi, Texas, out of revenues specified in the bond to which this coupon is attached, will pay to bearer *(unless the bond to which this coupon is attached shall have been called for previous redemption as therein provided and provision for the redemption thereof made), at the Harris Trust and Savings Bank, Chicago, Illinois, or, at the option of the holder, at the Corpus Christi National Bank, Corpus Christi, Texas, without exchange or collection charges to the owner or holder hereof, the sum of ($ ) Dollars in lawful money of the United States of America, said sum being interest due that day on "City of Corpus Christi, Texas, Sewer Improvement and Extension Revenue Bond, Series 1955 ". bearing the number hereinafter specified, dated December 15, 1955• The holder hereof shall never have the right to demand payment of this obligation out of funds raised or to be raised by taxation. Bond No. City Secretary Mayor. *(This parenthetical expression should be printed only in coupons maturing July 15, 1971, and subsequent). 8. The form of Comptroller's certificate, which shall be printed on the back of each bond shall be substantially as follows: OFFICE OF COMPTROLLER STATE OF TEXAS 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 h finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and the Charter of said City, and that it is a valid and binding special obligation of said City of Corpus Christi, Texas, payable from the revenues pledged to its payment byand in the ordinance authorizing same, and said bond has this day been registered by me. WITNESS 1,4Y HAND and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas. (SEAL) 9. That after the bonds have been executed by the City Officials as hereinabove provided, they shall be presented to the Attorney General of the State of Texas for examination and approval. After the bonds have been approved by the Attorney General, they shall be registered by the Comptroller of Public Accounts of the State of Texas. 10. All of the covenants, provisions, powers and con- ditions contained in the ordinance passed on March 17, 1954, authorizing the Series 1954 Bonds, securing such bonds, shall secure said Series 1955 Bonds, and apply to and govern the rights of the holders thereof, as fully and effectually and to the same extent and in the same manner as if all of said covenants, provisions, powers and conditions have been here fully set forth. The said Series 1954 Bonds, the Series 1954 -A Bonds and the Series 1955 Bonds shall be on a parity in all respects so that no bond of either series shall be entitled to any preference or priority over any bond of the other series. 11. In addition to the amount required by said ordinance of March 17, 1954, to be deposited into the Bond Fund, the City shall pay int said Fund during each year an amount equal to 100 per centum of the amount required to meet the interest and principal payments of this issue of bonds falling due on or before the next maturity date of the bonds. In addition to such payment, the City shall pay into the Bond Fund from the System Fund in each year 20 per centum of the above required amount until such time as there is in the Bond Fund an amount sufficient to meet the interest and principal payments of this issue of bonds falling due on or before the next maturity date of the bonds and plus an amount equal to the maximum principal and interest payment becoming due on this issue in any future year. The amount thus required to be paid into the Bond Fund in each year shall be paid in substantially equal monthly payments. 12. In addition to the deposits required by Section 11 of this ordinance, the City shall continue to pay into the Operating Reserve Fund, created by said ordinance of March 17, 19541 on or before the 15th day of each month, after the required payments have been made into the Bond Fund (including the Reserve Account), out of money remaining in the System Fund such amounts as will in approximately equal monthly installments accumulate in said Operating Reserve Fund within four years a sum at least equal to one - half (1/2) of the total operating and maintenance expenses for the next pre- ceding fiscal -year. 13. Without limiting the generality of the provisions of Section 10 above, the City specifically covenants, as follows: A. RATES: The City shall fix rates and collect charges which will provide revenues sufficient at all times: (1) to pay all operation, maintenance, depreciation, re- placement and betterment of the system; (2) To establish and maintain Bond Fund, including the Reserve Account; (3) To establish and maintain the Operating Reserve Fund, (4) To pay all outstanding indebtedness against the system as and when the same becomes due and to provide also that no free service steal . be allowed. B. APPLICATION OF REVENUES: All revenues derived from the operation of the System shall be deposited into the System Fund. The System Fund shall be administered as follows: 1. MAINTENANCE AND OPERATION: From the moneys in the System Fund the City shall pay the expense of operation and maintenance of the system, including salaries, labor, materials, and such repairs and ex- tensions as are necessary to keep the system in operation and render adequate service. 2. BOND FUND: After the payment of expenses as provided in the preceding paragraph, the City shall,pay from the moneys in the System Fund into the Bond Fund an amount equal to one hundred (100`p') per centum of the amount required to meet the interest and principal payments falling due on or before thenext maturity date of the bonds. In addition to such payments the City shall pay into the Reserve Account of the Bond Fund from the System Fund in each year an additional sum equal to twenty (20%) per centum of the above required principal and interest payments until such time as there is in the Reserve Account an amount equal to the maximum principal and interest pay- ment becoming due in any future year. The moneys in the Bond Fund and Reserve Account shall be used solely for the purpose of paying interest and premiums on, and principal of, the bonds until all bonds have been retired. 3. OPERATING RESERVE FUND: On or before the 15th day of each month after the required payments have been made into the Bond Fund and the Reserve Account, there shall be deposited in the Operating Reserve Fund out of the funds remaining in the System Fund such payments as will in approxi mately equal monthly installments accumulate in the Operating Reserve Fund within four years, a sum at least equal to one -half (1/2) of the total operat- ing and maintenance expenses for the previous fiscal year. The deposites into this fund shall be subordinate to those required to be made into the Bond Fund and the Reserve Account. 4. SURPLUS. Any funds remaining in the System Fund after the payments have been made into the Bond Fund, the Reserve Account and the Operating Reserve Fund, may be used for the purchase of bonds at not exceeding the principal amount thereof, exclusive of accrued interest, or to redeem bond in accordance with the option provision set out in the bonds, or such surplus may be used for any other purpose permitted by law. C. ADDIT40NAL PARITY BONDS: The City covenants and agrees that it will not issue any additional bonds on a parity with these bonds payable from or secured by a pledge of the revenues of the Sewer System except upon the following terms and conditions: 1. That the net revenues of the system for the twelve months period next preceding the date of the bonds (as certified by a Certi- fied Public Accountant) were equal to at least one and three - fourths (1- 3/4ths times the highest total amount of principal and interest to become due in any future twelve month period on all obligations then outstanding and then to be issued. 2. That the City is not in default as to any covenant, condition or obligation contained in the Bond Ordinance. 3. That the City is not in default in the payment of principal or interest on any of these bonds and there is no deficiency in any of its Reserve Funds for these bonds. 4. That the proposed Additional Parity Bonds shall have been authorized by a vote of the qualified electors. 5. That such Additional Parity Bonds are made to mature on January 15th of each year and that interest is made payable on January 15th and July 15th of each year. 6. That a certificate by a qualified professional engineer shall show that estimated future net earnings will be not less than one and three- fourths (1- 3/4ths) times the highest total of principal and interest to become due in any future twelve months period on all obligations then outstand- ing and then to be issued. D. MAINTENANCE AND OPERATION; The City shall maintain the system in good condition and operate the same in an efficient manner and at a reasonable cost. E. INSURANCE: The City agrees to maintain insurance for the benefit of the holders of the Sanitary Sewer System Revenue Bonds on the system of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business. F. ACCOUNTS AND PERIODIC STATEMENTS: The City shall cause an audit of the records of the system to be madesach year by a Certi- fied Public Accountant and a copy of such audit together with the latest available operating and income statement will be furnished promptly when available to any of the holders of the bonds upon written request. G. INSPECTION; The holder or holders of twenty -five (25%) per centum of the outstanding bonds shall have the right at all reason- able times to inspect the system and all records, accounts and data of the City relating thereto. H. FUTURE AUTHORITY TO COMBINE SEWER AND WATERWORKS SYSTEMS: In the event the City later obtains necessary authority it may combine the operations of its sewer and waterworks systems. If and when such event occurs these bonds, together with revenue bonds issued for waterworks purposes, then outstanding and any additional revenue -bonds theretofore or thereafter issued for sanitary sewer or waterworks purposes, will be payable from and secured by an irrevocable pledge of and lien on the revenues of such combined systems, and a mortgage on the waterworks system, and if so prescrib- ed by the City, may be further secured by a mortgage on the sewer system in the manner and to the extent permitted by law at the time. It is provided, however, that the systems will not be combined unless it is shown that the aggregate net earnings of the sanitary sewer and waterworkssytem for the pre- ceding twelve months period were not less than one and three- fourths (1 -3/4) times the maximum aggregate total amount of principal and interest to become due in any future twelve month period on all revenue obligations then out- standing which were issued either for sanitary sewer or for waterworks pur- poses, or for both such purposes. 14. The sale of the bonds herein authorized to NE;IRI LL, LyHCH, PI E[tcc, FcHr,,EPt is Btmi ANo Fi RsT SOUTHWEST —CO. at a price of par and accrued interest to date of delivery plus a premium of $ (7,77 , is hereby confirmed. Delivery of such bonds shall be made to such purchaser as soon as may be after the passage of this ordinance upon payment therefor in accordance with the terms of sale. 15• The fact that the contemplated use of the proceeds of the sewer revenue bonds are necessary for the orderly development and growth of the City of Corpus Christi, Texas, creates a public emergency and an imperative public necessity requiring the suspension of the Charter Rule providing that no ordinance or resolution shall be passed finally on the date it is introduced, and thatsuch 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 said Charter Rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, it is accordingly so ordained. PASSED AND APPROVED this the day of Defemby , 1955, Mayor-,—City of Corpus Christi, Texas. ATTEST: City Secretar , ty of Corpus C sti, exas. The foregoing ordinance hap been approved as to form and correctness this day of December, 1955. Cit,fjAttorney. Corpus C isti, Texas , ' 1955 TO THE. MEMBERS OF THE CITY COUNCIL Corpus, Christi,.. Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion +of the-Charter rule or requirement that no ordinance or resolution shall he passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; 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 THE CITY OF CORPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Farrell D. Smith Minor Culli W, J. Roberts B, E. Bigler Manuel P, Maldonado The above ordinance was passed by the following vote: Farrell D. Smith Minor Culli W, J, Roberts B, E. Bigler Manuel P, Maldonado ,4q 13 i r' n. n_ i