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HomeMy WebLinkAbout05187 ORD - 11/12/1958_= TM STATE OF T�.s COUNTY OF NcECEs CITY OF CM K8 CMMTI On this the 12 day of November, 1958, the City Council of the City of Corpus Christi, Texas, convened in Special meeting, with the follOw14 members of said Council present ..,to wit: Ferrell D. Smith,., Mayor, H. J. Roberts, B. & 'Bigler, Manuel P. Maldonado, Commissioners, Arthur R. James, Charlie J. Aills, Odell Ingle, T. Ray $ring, City secretary, with the following absent: None" constituting a quorum, at which time tae following among other business was transacted: t�. Ingle presented for the consideration of the Council an ordnance. The ordinance was read by the City Secretary. The Mayor presented to the Council a communication in writing pertaining to said propc d,d ordinance, as follows: "Corpus Christi, Texas, November 12 , 1958. TO TBN CITY COUNCIL Cam CERISTI, TEM Gentlemen: The public importance and pressing need for the permanent improvements to be constructed by use of the proceeds of the bonds voted at elections held on November 25, 1953, September 25, 1954, and 09tober'6, 1956, create an emergency and an imperative public necessity requiring the suspenal of roles and Charter provisions requiring ordinances to be considered'and voted upon at three regular meeting. I, therefore request that the City Council pass the proposed ordinance authorizing the issuance of $3,500,000.00 General Improvement Bonds as an emergency. You will please consider this request in connection with the ordinance which has been introduced in the City Council on this subject. t Yours v truly y /s arrell D. Smith, Mayor." Commissioner Bigler made a motion that the* Charter provision prphibiting 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 Ai s .° The motion was carried by a unanimous vote by the City Council, viz: AYES: Commissioners Roberts, Bigler, Maldonado, James, Aills and Ingle. NOSS None. The Mayor requested that the records show that he voted Aye. This was done. Commissioner Ingle made a motion that the ordinance be passed finally. The motion was seconded by Commissioner Maldonado The motion was carried by the following vote: AYES: Commissioners Roberta, Bigler, Maldonado, James, Aills and Ingle. NOES: gone. 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: ORDINANCE NO. 5187. BY TES CITY COUNCIL OF TS CITY OF CORPUS CHRISTI, TEEM, PROVIDING FOR THE ISSUANCE OF $3,500,000.00 CITr OF CMASS CHRISTI, TEXAS, mw= naROVX=T BOMB, BERM 1958, BEARING nMEWT AT THE RATES HBRSIN- AFM SET FORTH, AND PROVIDING FCR THE LEVY, ASSPSSMSNT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONS AND, TO CREATE A SINEaW FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDnvnxM IN CONFLICT AND DECLARING AN SM10M WHSBEAS, on the 24th day of November, 1953, an election was held in the City of Corpus Christi, Texas, resulting favorably to the issuance of $4,975,000.00 Storm Sewer Bonds; $3,500,000.00 Street Improvement Bonds; $720,000.00 Fire Station Bonds and $201,000.00 Traffic Control System Bonds; and Y WHEREAS, on the 25th day of September, 1954, an election was held in the City of Corpus Christi, Texas, resulting favorably to the Issuance of $3,500,000.00 Sanitary Sewer Bonds; and WHEREAS, on the 6th day of October, 1956, an election was held in the City of Corpus Christi, Texas, resulting favorably to the issuance of $3,200,000.00 Airport Bonds, and WMEW, 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: ; and 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 (4-2%) 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. 5. "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 inter- est at a rate not to exceed Four and one -half (4-21%) 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 construct- ing permanent improvements to the Oso Bay Sewage Disposal facility and Oso Bay area so as to provide for efficient dis- posal of effluent and reclamation of the Bay area, as authoriz- ed by the Constitution and laws of the State of Texas and the Charter of said City." WEMWAS, said election was duly and legally held on the 6th day of October, 1956, at which election a majority of the legally quali- fied electors owning taxable property in the City of Corpus Christi, Texas, and who had duly rendered the same for taxation, voting at said election sustained the proposition to issue the bonds hereinafter described by the following vote: 1 r• PROPOSITION M. 2 "FCR THE ISSUANCE OF PBROWAY AND BRIDGE BONDS" 8499 Votes; "AGAINST THE ISSUANCE, OF FREEWAY AND BRIDGE BONDS" 30 Votes. PROPWITION NO. 5 "FOR THE ISSUANCE OF 060 BAY SEWAGE DISPOSAL AND RECLAMATION BOMB" 6254 votes; " AGAINST THE ISSUANCE OF CSO BAY SEWAGE DIS- POSAL AND PMLANATION BONDS" 5974 Votes,, as is reflected in the election returns heretofore tiled with the City Secretary; and WHEREAS, on March 17, 1954, the City Council of the City. of Corpus Christi, Texas, passed an ordinance directing the issuance of $1,015,000.00 Storm Sever Bonds; $765,000.00 Street Improvement Bonds; $245,000.00 Fire Station Bonds and $75,000.00 Traffic Control System Bonds, all authorized at the election held November 24, 1953; and WHEREAS, on December 15, 1954, the City Council of the City of Corpus Christi, Texas, passed an ordinance directing the issuance of $1,210,000.00 Storm Sewer Bonds; $650,000.00 Street Improvement Bonds; $170,000.00 Fire Station Bonds and $70,000.00 Traffic Control System Bonds, all authorized at the eleOtidn held November 24, 1953; and WHEREAS, on December 14, 1955, the City'Council of the, City of Corpus Christi, Texas, passed an ordinance directing the issuance of $1,140,000.00 Storm Sewer Bonds; $1,140,000.00 Street Improvement Bonds; $180,000.00 Fire Station Bonds, all authorized at the election held November 24, 1953, and $200,000.00 Sanitary Sever Bonds authorized at the election held September 25, 1954; and WHEREAS, on January 16, 1957, the City Council of the City of Corpus Christi, Texas, passed an ordinance directing the issuance of $820,000.00 Storm Sever Bonds and $1,750,000.00 Airport Bonds, authorized at the election held November 24, 1953; and WHEREAS, on November 13, 1957, the City Council of the City Corpus Christi, Texas, passed an ordinance directing the issuance of $515,000.00 Street Improvement Bonds authorized at the election held November 24, 1953, and $1,300,000.00 Sanitary Sever Bonds authorized at the election held September 25, 1954; and o WBEREAS, on June 25, 1958, the City Council of the City of Corpus Christi, Texas, passed an ordinance directing the issuance of $525,000.00 Storm Sewer Bonds and $750,000.00 Airport Bonds authorized at the election held November 24, 1953; and WHEREAS, it is deemed advisable and to the best interest of the City that $149,000.00 Storm Sewer Bonds, $285,000.00 Street Improve- ment Bonds, $40,000.00 Fire Station Bonds and $56,000.00 Traffic Control Bonds authorized at the election held November 24, 1953, $600,000.00 Sanitary Sewer Bonds authorized at the election held September 25, 1954, and $700,000 Airport Bonds, $1,370,000.00 Freeway Bonds and $300,000.00 Oso Bay Sewage Disposal Bonds authorized at the election held October 6, 1956, aggregating $3,500,000.00 be issued and sold at this time; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the bonds of said City to be called "City of Corpus Christi, Texas, General Improvement Bonds, Series 1958 ", be issued under and by virtue of the Constitution and laws of the State of Texas, and the Charter of said City, for the purpose of improving the streets of said City; the construction of storm sewers and the installation of traffic control systems; constructing and equipping fire stations; improving and extending the Sewer System; providing funds to pay the cost of planning and acquiring, developing, constructing and equipping an airport and a site therefor, in- cluding building and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards; 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; and constructing permanent improvements to the Oso Bay Sewage Disposal facility and Oso Bay area, in the principal amount of Three Million Five Hundred Thousand ($3,500,000.00) Dollars. 2. That said bonds shall be numbered from One (1) to Three Thousand Five Hundred (3,500), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Three Million Five Hundred Thousand ($3,500,000.00) Dollars. 01 � 3. That said bonds shall be dated December 1, 1958, and shall become due and payable serially as follows: BONDS NUMBERS MATURITY DATES AMOUNTS 1 to 25, both incl. 25 to 50, " 11 51 to 85, " 86 to 125, " 126 to 170, " 171 to 225, 226 to 280, 281 to 34o, " 341 to 430, " 431 to 520, " 521 to 64o, " 641 to 765, " 766 to 910, " 911 to 1125, 1126 to 1340, " 1341 to 1575, " 1576 to 2225, " 2226 to 2525, 2526 to 3000, " 3001 to 3500, follows: 4. March 1, 1960, $ 25,000.00 March 1, 1961, 25,000.00 March 11 1962, 35,000.00 March 1, 19632 40,000.00 March 1, 1964, 45,000.00 March 1, 1965, 55,000.00 March 1, 1966, 55,000.00 March 1, 1967, 60,000.00 March 1, 1968, 90,000.00 March 1, 1969; 90,000.00 March 1, 1970, 120,000.00 March 1, 1971, 125,000.00 March 1, 1972, 145,000.00 March 1, 1973, 215,000.00 March 11 1974, 215,000.00 March 1, 1975, 235,000.00 March 1, 1976, 650,000.00 March 1, 1977, 300,000.00 March 1, 1978; 475,000.00 March 1, 1979, 500,000.00 That said bonds shall bear interest at the rates as Bonds Nos. 1 to -520 , both incl., 4; % per annum; Bonds Nos. _ 521 to 4500 per annum; Bonds Nos. to , per annum; Bonds Nos. to _, " " % per annum, payable September 1, 1959, and semi - annually thereafter on March 1st and September 1st of each year. 5. In Bonds Numbers One Thousand Three Hundred Forty One (1,341) to Three Thousand Five Hundred (3,500), both inclusive, the City reserves the option of calling each such bond for redemption prior to maturity on any interest payment date on and after March 1, 1974, at par and accrued interest to date so fixed for redemption. Thirty days' notice of such call shall be given in writing to the place of payment and notice shall be pub- lished 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 any such bond is called for redemption in said manner and if funds sufficient to pay the re- demption price shall have been duly placed in the bank of payment by the date fixed for redemption, it shall not thereafter bear interest. 6. That the principal of and interest on said bonds shall be payable upon presentation and surrender of bond or proper coupon at the Corpus Christi State National Bank, Corpus Christi, Texas, without exchange or collection charges to the owner or holder thereof. 7. 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 said bonds. Such facsimile signatures shall have the same effect as manual signatures. 8. The form of said bonds shall be substantially as follows: NO. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI GENERAL IMPROVEMENT BOND SERIES 195$ The City of Corpus Christi, inthe County of Nueces, State of Texas, a municipal corporation duly incorporated under the Taws of the State of Texas, for value received, hereby promises to pay to the bearer hereof, on the 1st day of March, 19 , the 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, interest payable September 1, 1959, and semi - annually thereafter on March lst and September 1st of each year,both principal and interest payable upon presentation and surrender of bond or proper coupon at the Corpus Christi State National Bank, Corpus Christi, Texas, without exchange or collection charges to the owner or holder hereof, and the City of Corpus Christi, Texas, is hereby held and firmly bound and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. AO This bond is one of a series of Three Thousand Five Hundred (3,500) bonds of like tenor and effect, except as to number, interest rate, maturity and right of prior redemption, numbered from One (1) to Three Thousand Five Hundred (3,500), both inclusive, of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Three Million Five Hundred Thousand ($3,500,000.00) Dollars, issued for the purpose of improving the streets of said City; the construction of storm sewers and the installation of traffic control systems; constructing and equipping fire stations; improv- ing and extending the Sewer System; providing funds to pay the cost of plannin 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; the acquisi- tion 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; and constructing permanent im- provements to the Oso Bay Sewage Disposal facility and Oso Bay area, under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City, and pursuant to an ordinance passed by the City Council of the City of Corpus Christi, Texas, which ordinance is duly of record in the minute; of said City Council. The date of this bond in conformity with the ordinance above mentioned is December 1, 1958. +•-(The City reserves the option of calling this bond for redemption prior to maturity on any interest payment date on and after March 1, 1974, at par and accrued interest, provided thirty days' notice of such call is given in writing to the place 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.) N 0 AND IT IS HEREBY 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 vote of the resident, qualified electors who own taxable property in said City and who had duly rendered the same for taxation in the City of Corpus Christi, Texas, voting at elections held for that purpose within said City on November 24, 1953, September 25, 1954 and October 6, 1956; that all acts, conditions and things required to be done precedent to and in the issu- ance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner as re- quired by law; that sufficient and proper provision for the levy and collectioi of taxes has been made, which when collected shall be appropriated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total indebtedness of said City of Corpus Christi, Texas, includ- ing the entire series of bonds of which this is one, does not exceed any con- stitutional, statutory or charter limitation. IN WITNESS TIBMEOF, 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. '(This paragraph should be omitted from Bonds Nos. 1 to 1340, both incl.) 9• The form of coupon shall be substantially as follows: NO. $ ON THE 1ST DAY OF 1 19 The City of Corpus Christi, Texas, 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 Corpus Christi State 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, being months' interest due that day on "City of Corpus Christi, Texas, General Improvement Bond, Series 1958 ", dated December 1, 1958, No. City Secretary Mayor. *-(This parenthetical expression should be printed only in coupons maturing September 1, 1974, and subsequent.) 10. Substantially the following certificate shall be printed on the back of each bond: 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 he 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 obligation upon said City of Corpus Christi, Texas, and said bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas, Comptroller of Public Accounts of the State of Texas. 11. That a special fund shall be created and is hereby created to be designated "City of Corpus Christi, Texas, General Improvement Bonds, Series 1958 Fund ". The proceeds from all taxes collected for and on account of this series of bonds shall be credited to said fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each installment of principal as it becomes due, and said fund shall be used for no other purpose. For the current year and each year _o while any of said bonds, or interest thereon, are outstanding and unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the latest approved rolls of said City as will be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest on said bonds and to provide a sinking fund suffi- cient to pay the principal as it matures, or at least 2% of the outstanding principal as a sinking fund, whichever is greater, full allowances being made for delinquencies and costs of collection. A tax at the rate as here- inabove determined is hereby ordered to be levied and is hereby levied against all of the taxable property in said City for the current year and each year respectively while any of said bonds, or interest thereon, are outstanding and unpaid, and the said tax each year shall be assessed and collected and placed in the Fund hereby created and the Treasurer shall honor warrants against said Fund for the purpose of paying the interest maturing and principal of said bonds and for no other purpose. 12. That to pay the interest scheduled to mature on September 1, 1959, there is hereby appropriated the sum of $ 95,775.00 from funds of the City available for such purpose. The money thus appro- priated shall be used for no other purpose than to pay said interest. The Mayor and City Secretary are hereby directed to do any and all things neces- sary or convenient to accomplish the purpose of said appropriation. 13. Be it further ordained that the Mayor shall be authorized to take and have charge of all necessary records pending investi- gation by the Attorney General, and shall take and have charge and control of the bonds herein authorized pending their approval by the Attorney General and registration by the Comptroller of Public Accounts. Upon registration of said bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's certificate of registration prescribed herein to be printed on the back of I each bond, and the seal of said Comptroller shall be affixed to each of said bonds. o� o 14. The sale of the bonds herein authorized.to Re -public National Bank of Dallas; White Weld & Co. and Associates at a price of par and accrued interest to date of delivery, plus a premium of $_g5 0.00 is hereby confirmed. Delivery of such bonds shall be made to such purchasers as soon as may be after the passage of this ordinance upon payment therefor in accordance with the terms of sale. 15. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. 16. The fact that the contemplated use of the proceeds of the 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 that such 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 12 day of November, 1958. Mayor, City of Corpus Christi., Texas. ATTEST: City Secretary, C of rpus C ti, T -xVs. The foregoing ordinance has been approved as to form and correctness this y day of November, 1958. Texas. (SEAT,) 0 0 CORPUS CHRISTI, TEXAS NOVEMBER 12, 1958 TO THE CITY COUNCIL CORPUS CHRISTI, 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 ELECTIONS HELD ON NOVEMBER 251 1953, SEPTEMBER 25, 1954, AND 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 REGULAR MEETING. I, THEREFORE, REQUEST THAT THE CITY COUNCIL PASS THE PROPOSED ORDINANCE AUTHORIZING THE ISSUANCE OF $315500,000.00 GENERAL IMPROVEMENT BONDS AS AN EMER- GENCY. 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH , W. J. ROBERTS I B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS / ARTHUR R. JAMES , ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE