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HomeMy WebLinkAbout04643 ORD - 10/10/1956THE STATE OP TEXAS COUNTY OF NUECES CITY OF CORPUS C17?ISTI On this the /V day of October, 56, the City Council of the City of Corpus Christi, Texas, convened in meeting, with the following members of said Council present, t it: Farrell D. Smith, . Mayor, Minor Culli, B. E. B.161er, Commissioners, W. J. I,oberts, PI. P. Maldonado, T. Pay Ksing, City Secretary, I. h. Sin er, Acting City Eanager, J. F. Park, Assistant City Attorne , with the following absent: constituting a quorum, at which time the following among other usiness was transacted: BIr. Farrell D. Smith, Mayor, presented for the con- sideration of the :ouncil an ordinance. The ordinance was read by the City Secretary. The Layor presented to the Council a communication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, October A, 1956. TO TILE CITY COUNCIL, CORPUS Ci ISTI, TEXAS. Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds voted at the election held on October 6, 1956, 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 reGuiar meetinSs. 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 sublject. Yours very truly, Farrell D. Smith, Mayor." $03 Commissioner made a motion that the Charter provision prohibitin 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 eme envy clause of the ordinance. The motion was seconded by Commissioner k The motion was carried by a unanimous vote by the City Counci , viz: AYES: Commissioners Culli, Bigler, Roberts and kaldonad o . NOES: None. The Ndayor requested that the records show that he voted "Aye ". This was done. Commissioner r made a motion that the ordinance be passed finally. The motion was seconded by Commissioner ` 1 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 >layor announced that the ordinance had been passed. The ordinance is as follows: rt ORDINANCE NO. BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CANVASSING RETURNS AND DE- CLARING RESULTS OF AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $3,200,000.00 AIRPORT BONDS; $4,430,000.00 FREEWAY AND BRIDGE BONDS; :615,000.00 STREET AIM STORK SMM BONDS; X395,000.00 COLISEUM AND EXPOSITTION HALL IMPROVEMENT BONDS; $350,000.00 OSO BAY SEWAGE DISPOSAL AND RECLAP'P.TION BONDS; $150,000.00 BAY FRON IM- PROVET�ENT REVENUE BONDS AND w675,000.00 SOUTH STAPLES STREET AREA STREET AND STORM SEWER BONDS, AND DECLARING AN EMERGENCY. WIiEREAS, heretofore on the 19th day of September, 1956, the City Council of the City of Corpus Christi, Texas, passed an ordinance calling an election to be held in said City on the 6th day of October, 1956, on the following propositions: PROPOSITION NO. 1 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City inthe amount of - 3,200,000.00, 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 Four and one -half (4-211;-') per cent per annum, 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 purpose of providing funds to pay the cost of planning and acquiring, developing, constructing and equipping an airport and a site therefor, including building and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." 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 ',4,430,000.00, 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 Four and one -half (4zp) per cent per annum, and to levy a tax on all taxable property within said City suffi- cient to pay the annual interest and provide a sinking fund to pay the bonds at maturity, for the purpose of permanently im- proving the streets and bridges of said City by the acquisition of right -of -way for the Freeway, constructing improvements and safety facilities for the High Level Bridge and providing funds to pay costs incident to the construction of said High Level Bridge, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." 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 ;5615,000.00, 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 Four and one -half (4zj6) per cent per annum, and to levy a tax on all to�.able property within said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at i:.aturity, for the purpose of providing funds for general street and storm sewer improvements as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION N0. 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 >v395,000.00, 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 Four and one -half (42 ) per cent per annum, 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 purpose of constructing permanent improve- ments to the Memorial Coliseum and Exposition Hall of the City by the installation of air conditioning and acoustical treatment facilities therein, as au.tborized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION 1,10. "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount off 1$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 Four and one -half (41c! ) per cent per annum, 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 purpose of constructing permanent improvements to the Oso Bay Sewage Disposal facility and Oso Bay area so as to provide for efficient disposal of effluent and reclamation of the Bay area, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." PROPOSITION N0. 6 "Shall the City Council of the City of Corpus Christi, Texas, be authorized to issue the bonds of said City in the amount of ;150,000.00, maturing serially in such installments as may be prescribed by the City Council, the maximum maturity being not more than Twenty Five (25) years from their date, bearing interest at a rate not to exceed Five (5) per cent per annum, for the pur- pose of the construction of a basin and boat slips and structures in connection therewith, to be issued in accordance with and secured in the manner provided in Chanter 17, Acts 1934, 43rd Legislature, 2nd Civil Statutes, as amended, each bond to be con- ditioned 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, secured by a pledge of the net revenues to be derived from the operation of said Bay Front facilities." 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 $675,000.00, 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 Four and one -half (4z;b) per cent per annum, 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 purpose of providing funds for general street and storm sewer improvements in the South Staples Street area ex- tending Southward from Callihar, as authorized by the Constitution and laws of the State of Texas and the Charter of said City." and WF3EREAS, said election was duly held at the time and places specified after due notice as required by law had been given by posting and publication; and WHEREAS, there were cast at said election the following votes: PROPOSITION NO. 1 "FOR THE ISSUANCE OF AIRPORT BONDS" %33 11 Votes; "AGAIPIST TIE ISSUANCE OF AIRPORT BONDS" sz4e Votes. PROPOSITION NO. 2 "FOP, TIE ISSUANCE OFFREEWAY AND BRIDGE BONDS" F419P9 Votes "AGAINST THE ISSUANCE OF FREEWAY AND BRIDGE BONDS" 3 886 Votes PROPOSITION NO. 3 "FOR TIE ISSUANCE OF STREET APD STORM SEWER BONDS" Votes "AGAINST THE ISSUANCE OF STREET AND STORM SEWER BONDS" 44"S Votes PROPOSITION N0. 4 "FOR THE ISSUANCE OF COLISEUM AND EXPOSITION HALL IMPROVEMENT BONDS" 446 82 Votes "AGAINST THE ISSUANCE OF COLISEUM AND EX- POSITION HALL IMPROVEMENT BONDS" `STZ Votes, PROPOSITION NO. 5 "FOR THE ISSUANCE OF OSO BAY SEWAGE DISPOSAL AND RECLAMATION BONDS" gg Z Votes; "AGAINST THE ISSUANCE OF OSO BAY SEWAGE DIS- POSAL AND RECLAMATION BONDS" 597el Votes, PROPOSITION NO. 6 "FOR THE ISSUANCE OF BAY FR0IT IMPROVEMENT REVENUE BONDS" S94S Votes; "AGAINST THE ISSUANCE OF BAY FRONT IIFROVE- MENT REVENUE BONDS" gZ26 Votes. PROPOSITION NO. 7 "FOR TIE ISSUANCE OF SOUTH STAPLES STREET AREA STREET AND STORM SEWER BONDS" 7/ 90 Votes; "AGAINST THE ISSUANCE OF SOUTH STAPLES STREET AREA STREET AND STORM SEWED, BONDS" X7 Votes, as is reflected in the election returns heretofore filed with the City Secretary; and WHEREAS, only qualified taxpaying voters owning taxable property in said City and who had duly rendered their property for taxation were allowed to vote; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That said election was duly called; that notice was given in accordance with law and in accordance with the ordinance calling the CORPUS lRez TEXAS 6 , 1956 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 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, 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 CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO q�eq3 ELECTIONS; THAT THE ELECTION WAS HELD IN ACCORDANCE WITH LAW; THAT THE RETURNS OF SAID ELECTION HAVE BEEN MADE BY THE PROPER OFFICERS; THAT PROPOS.ITIONi N05. 1, 2, 3, 5 AND 7, WERE SUSTAINED, FAVORED AND APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS WHO OWN TAXABLE PROPERTY IN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION, VOTING AT SAID ELECTION AND THAT PROPOSITIONS NOS. 4 AND rP TO ISSUE THE BONDS CONTEMPLATED IN EACH OF THOSE 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. 2. THAT THE CITY COUNCIL BE AND IT IS HEREBY IN ALL THINGS AUTHORIZED, ORDERED AND DIRECTED TO ISSUE THE BONDS FAVORED IN PROPOSI- TIONS 1, 2, 3, 59 AND 7, IN ACCORDANCE WITH SAID PROPOSITIONS, AND TO DO ANY AND ALL THINGS NECESSARY OR CONVENIENT IN CONNECTION THEREWITH, AND THE CITY COUNCIL IS NOT AUTHORIZED TO ISSUE THE BONDS CONTEMPLATED IN PROPOSITIONS NOS 4 AND 6. 3. THAT THE PUBLIC IMPORTANCE AND THE PRESSING NEED FOR THE PERMANENT IMPROVEMENTS TO BE CONSTRUCTED BY USE OF THE PROCEEDS OF THE 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 OCTOBER, 1956. MAYO, CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETA Y�/ CITY 40F�C.RPU711'ISTI, TEXAS APPROVP AS TO LEGAL FORM THIS DAY OF OCTOBER, 1956: �—'4- rcjzj � ,A'Qf ING CITY ATTORNEY