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HomeMy WebLinkAbout05509 ORD - 09/30/1959•Y IMs :JKH:9 -29 -59 a AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CORPUS CHRISTI, TEXAS,, PURSUANT TO SECTIONS 5 AND 16(A) OF THE URBAN RENEWAL LAW OF TEXAS; PROVIDING KAW NOTICE OF SUCH ELECTION; PROVIDING FOR THE HE BALLOT TO ­BE IN SAID ELECTION; PROVIDING FOR 15 PLACES AND OFFICERS FOR HOLDING SUCH ELECTION D OT HE P OCEDU L MATTERS; AND DECLARING AN EMERGENCY. WHEREAS, PURSUANT TO A RESOLUTION ADOPTED ON THE D_DAY OF AUGUST, 1958, AND A NOTICE DULY PUBLISHED IN THE CORPUS CHRISTI TIMES ON THE DATES OF AUGUST 16 , 1958 AND .- A'UGUSTC 23 1958, (THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI), IN ACCORDANCE WITH SAID RESOLUTION, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 151HDAY OF OCTOBER, 1958, AT 2 :00 O'CLOCK P. M., C.S.T., MET IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, AND HELD A PUBLIC HEARING ON THE QUESTION OF WHETHER OR NOT SAID CITY COUNCIL WILL ORDER AN ELECTION, AS REQUIRED BY THE URBAN RENEWAL LAW OF THE STATE OF TEXAS, TO DETERMINE IF THE CITY COUNCIL SHOULD ADOPT A CERTAIN RESOLUTION UNDER SAID URBAN RENEWAL LAW, AND SUBSTANTIALLY IN THE FORM SET FORTH IN SECTION 4 HEREOF; AND WHEREAS, AFTER DUE CONSIDERATION OF SAID QUESTIONS AND OF THE MATTERS PRESENTED AT THE SAID PUBLIC HEARING, THE CITY COUNCIL AT SAID HEARING ON THE 15TH DAY OF OCTOBER, 195$, BY MOTION DULY MADE, SECONDED AND PASSED DECLARED A RECESS OF SAID HEARING UNTIL SUCH TIME AS A DECI- SION WAS REACHED BY THE SUPREME COURT OF TEXAS IN THE CASE CONCERNING THE CONSTITUTIONALITY OF THE URBAN RENEWAL LAW AND UNTIL THE INFORMATION RELATING TO AN ECONOMIC STUDY AS TO FINANCING AND COSTS OF THE PROPOSED URBAN RENEWAL PROJECT SHOULD BE AVAILABLE; AND WHEREAS, BY RESOLUTION ADOPTED ON THE 9TH DAY OF SEPTEMBER, 19559, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, AT ITS REGULAR MEETING ON SAID DATE DECLARED AND FOUND THAT THE INFORMATION RELATING TO THE ECONOMIC STUDY WAS NOW AVAILABLE AND ACCESSIBLE TO THE PUBLIC, AND FURTHER FOUND THAT THE SUPREME COURT OF TEXAS HAD OFFICIALLY AD- JUDICATED THAT THE URBAN RENEWAL LAW OF TEXAS IS CONSTITUTIONAL AND THAT SAID HEARING COMMENCED ON THE 15TH DAY OF OCTOBER, 1958, SHOULD 5509 •9 I BE RECONVENED AND ORDERED THAT SAID HEARING SHOULD BE RECONVENED AS A PUBLIC HEARING ON THE 30TH DAY OF SEPTEMBER, 1959, AT 2500 O'CLOCK P. M. AT THE REGULAR MEETING TO BE HELD ON THAT DATE IN THE COUNCIL CHAMBER IN THE CITY HALL, CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND FURTHER ORDERED THAT THE CITY SECRETARY CAUSE A NOTICE TO BE PUBLISHED ONCE EACH WEEK FOR TWO WEEKS NOTIFYING THE PUBLIC OF SUCH RECONVENED HEARING TO BE HELD ON SAID 30TH DAY OF SEPTEMBER, 1959, THE FIRST OF SAID NOTICES TO BE PUBLISHED AT LEAST TEN (10) DAYS BEFORE THE DATE OF SAID HEARING; AND WHEREAS, SAID NOTICES HAVE BEEN PUBLISHED AND SAID HEARING COMMENCED OCTOBER 15, 1955, HAS BEEN AND IS NOW RECONVENED AND ALL PERSONS DESIRING TO PRESENT MATTERS CONCERNING SAID QUESTIONS AT SAID PUBLIC HEARING HAVE BEEN HEARD AND THE CITY COUNCIL HAS DETER- MINED TO CALL SAID ELECTION; AND WHEREAS, SLUM AND/OR BLIGHT CONDITIONS EXIST IN VARIOUS SEC- TIONS OF THE CITY OF CORPUS CHRISTI WHICH IMMEDIATELY IMPERIL THE PUBLIC PEACE, PROPERTY, HEALTH AND SAFETY WHICH CREATES AN EMERGENCY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT IN ACCORDANCE WITH THE PROVISIONS OF THE URBAN RENEWAL LAW OF THE STATE OF TEXAS, INCLUDING, PARTICULARLY, SECTION 5 AND 16(A) THEREOF, A SPECIAL ELECTION WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY ORDERED TO BE HELD ON " j THE -JCF DAY OF DECEMBER, 1959, TO DETERMINE WHETHER THE CITY COUNCIL SHOULD ADOPT A RESOLUTION SUBSTANTIALLY IN THE FORM SET FORTH IN THE FORM OF NOTICE CONTAINED IN SECTION 4 HEREOF. SECTION 2. ONLY LEGALLY QUALIFIED VOTERS RESIDING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, OWNING TAXABLE PROPERTY WITHIN SAIDCOS PORATE LIMITS WHO HAVE DULY RENDERED SUCH PROPERTY FOR TAXATION, SHALL BE ENTITLED TO VOTE AT SAID ELECTION. SECTION 3. EXCEPT AS OTHERWISE PROVIDED HEREIN, SAID ELECTION SHALL BE HELD AND CONDUCTED DURING THE HOURS AND IN THE MANNER, AND THE BALLOTS CAST SHALL BE CANVASSED AND THE RETURNS MADE AND THE RESULTS DECLARED, ALL SUBSTANTIALLY AS REQUIRED BY THE APPLICABLE PROVISIONS OF THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI WITH RESPECT GENERALLY TO SPECIAL ELECTIONS IN SAID CITY. - -2 -- SECTION 4. THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI HEREBY ORDERS THAT AT LEAST THIRTY DAYS' NOTICE OF THE SPECIAL ELECTION HEREIN ORDERED SHALL BE GIVEN IN THE MANNER REQUIRED BY THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF TEXAS-AND THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI WITH RESPECT GENERALLY TO SPECIAL ELECTIONS IN SAID CITY. THE NOTICE TO BE "GIVEN SHALL BE AS FOLLOWS: "NOTICE OF SPECIAL ELECTION IN THE CITY OF CORPUS CHRISTI, TEXAS, CONCERNING CITY COUNCIL'S PROPOSED ADOPTION OF A CERTAIN RESOLUTION PURSUANT TO THE URBAN RENEWAL LAW OF TEXAS." "PURSUANT TO THE APPLICABLE PROVISIONS OF THELAWS OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI, INCLUDING PARTICULARLY, THE URBAN RENEWAL LAW OF THE STATE, NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION WILL BE HELD IN SAID CITY ON THE DAY OFDECEMBERI 1959, FROM 7:00 A. M. TO 7:00 P.M., TO DETERMINE WHETHER THE CITY COUNCIL OF SAID CITY SHALL ADOPT A RESOLUTION SUBSTANTIALLY AS FOLLOWS: 'RESOLUTION MAKING CERTAIN FINDINGS, DETERMINATIONS, AND ELECTIONS UNDER AND PURSUANT TO THE URBAN RENEWAL LAW OF TEXAS. 'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AS FOLLOWS: 'SECTION 1. IT IS HEREBY FOUND AND DETERMINED THAT ONE OR MORE SLUM OR BLIGHTED AREAS EXISTS IN THE CITY OF CORPUS CHRISTI. 'SECTION 2. IT IS HEREBY FURTHER FOUND AND DETERMINED THAT THE REHABILITATIONS CONSERVATION, OR SLUM CLEARANCE AND REDEVELOPMENT OR A COMBINATION THEREOF, OF SUCH SLUM OR BLIGHTED AREA OR AREAS, IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY MORALS OR WELFARE OF THE RESIDENTS OF SAID CITY. 'SECTION 3. IT IS HEREBY FURTHER DETERMINED THAT THE CITY OF CORPUS CHRISTI SHALL EXERCISE THE POWERS GRANTED TO THE CITY BY THE URBAN RENEWAL LAW OF THE STATE OF TEXAS, EXCEPT THE URBAN RENEWAL PROJECT POWERS AS DEFINED IN SAID URBAN RENEWAL LAW. 'SECTION 4. IT IS HEREBY FURTHER DETERMINED TO BE NECESSARY AND IN THE PUBLIC INTEREST THAT THE CITY OF CORPUS CHRISTI ELECT, AND, - -3 -- 0 . . : .1 .0 ACCORDINGLY, THE CITY HEREBY ELECTS TO HAVE SAID URBAN RENEWAL PROJECT POWERS EXERCISED BY THE URBAN RENEWAL AGENCY OF THE CITY OF CORPUS CHRISTI, WHICH AGENCY IS CREATED BY SAID URBAN RENEWAL LAW. 'SECTION 5. THE FINDINGS, DETERMINATIONS, AND ELECTIONS HEREIN MADE ARE MADE IN ACCORDANCE WITH AND THE VARIOUS TERMS USED HEREIN ARE USED IN THE SAME SENSE AS USED OR DEFINED IN SAID URBAN RENEWAL LAW.' ONLY LEGALLY QUALIFIED VOTERS RESIDING WITHIN THE CORPORATE LIMITS OF SAID CITY, OWNING TAXABLE PROPERTY WITHIN SAID CORPORATE LIMITS, WHO HAVE DULY RENDERED THE SAME FOR TAXATION, SHALL BE ENTITLED TO VOTE AT SAID SPECIAL ELECTION. ELL OY KING, MA R ATTEST: CITY SECRETARY SAID NOTICES SHALL BE SIGNED BY THE MAYOR AND ATTESTED BY THE CITY SECRETARY AND CAUSED TO BE POSTED TOGETHER WITH A SUBSTANTIAL COPY OF THIS ORDINANCE. THE MAYOR IS AUTHORIZED AND DIRECTED TO HAVE A COPY OF SAID NOTICE TOGETHER WITH A SUBSTANTIAL COPY OF THIS ORDINANCE POSTED AT THE CITY HALL IN SAID CITY AND AT EACH OF THE VOTING PLACES IN SAID CITY, NOT LESS THAN TWENTY DAYS PRIOR TO THE DATE FIXED FOR HOLDING SAID ELECTION. HE SHALL ALSO CAUSE SAID NOTICE TO BE PUBLISHED ON THE SAME DAY IN EACH OF TWO SUCCESSIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED WITHIN SAID CITY, THE DATE OF THE FIRST PUBLICATION TO BE NOT LESS THAN FOURTEEN DAYS PRIOR TO THE DATE SET FOR SAID ELEC- TION. THE CITY SECRETARY AND THE OFFICER POSTING SAID NOTICES SHALL MAKE DUE RETURN SHOWING SUCH POSTING AND PUBLICATION IN ACCORDANCE WITH THIS ORDINANCE, THE CHARTER OF THE CITY OF CORPUS CHRISTI AND THE LAWS OF THE STATE OF TEXAS. SECTION 5. THE FORM OF BALLOT WHICH SHALL BE USED IN SAID SPECIAL ELECTION SHALL BE SUBSTANTIALLY AS FOLLOWS: "OFFICIAL BALLOT "SPECIAL ELECTION CONCERNING CITY COUNCIL'S PROPOSED ADOPTION OF A CERTAIN RESOLUTION PURSUANT TO THE URBAN RENEWAL LAW OF TEXAS. --4-- "PROPOSITION "SHALL THE CITY COUNCIL ADOPT A RESOLUTION SUBSTANTIALLY AS FOLLOWS: 'RESOLUTION MAKING CERTAIN FINDINGS, DETERMINATIONS, AND ELECTIONS UNDER AND PURSUANT TO THE URBAN RENEWAL LAW OF TEXAS. 'BE'IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXAS, AS FOLLOWS: 'SECTION 1. IT IS HEREBY FOUND AND DETERMINED THAT ONE OR MORE SLUM OR BLIGHTED AREAS EXISTS IN THE CITY OF CORPUS CHRISTI. 'SECTION 2. IT IS HEREBY FURTHER FOUND AND DETERMINED THAT THE REHABILITATION, CONSERVATION, OR SLUM CLEARANCE AND REDEVELOPMENT OR A COMBINATION THEREOF, OF SUCH SLUM OR BLIGHTED AREA OR AREAS, IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, MORALS OR WELFARE OF THE RESI- DENTS OF SAID CITY. 'SECTION 3. IT 15 HEREBY FURTHER DETERMINED THAT THE CITY OF CORPUS CHRISTI SHALL EXERCISE THE POWERS GRANTED TO THE CITY BY THE URBAN RE- NEWAL LAW OF THE STATE OF TEXAS, EXCEPT THE URBAN RENEWAL PROJECT POWERS AS DEFINED IN SAID URBAN RENEWAL LAW. 'SECTION 4. IT IS HEREBY FURTHER DETERMINED TO BE NECESSARY AND IN THE PUBLIC INTEREST THAT THE CITY OF CORPUS CHRISTI ELECT, AND, ACCORDINGLY, THE CITY HEREBY ELECTS TO HAVE SAID URBAN RENEWAL PROJECT POWERS EXERCISED BY THE URBAN RENEWAL AGENCY OF THE CITY OF CORPUS CHRISTI, WHICH AGENCY IS CREATED BY SAID URBAN RENEWAL LAW. 'SECTION 5. THE FINDINGS, DETERMINATIONS, AND ELECTIONS HEREIN MADE ARE MADE IN ACCORDANCE WITH AND THE VARIOUS TERMS USED HEREIN ARE USED IN THE SAME SENSE AS USED OR DEFINED IN SAID, URBAN RENEWAL LAW.' 'IN FAVOR OF ADOPTION L% 'AGAINST ADOPTION MARK AN X IN ONE OF THE ABOVE BLOCKS ACCORDING TO YOUR CHOICE." SECTION 6. THE CITY SECRETARY IS HEREBY AUTHORIZED AND DIRECTED TO CAUSE TO BE PRINTED, AND AT THE PROPER TIME, TO BE MADE AVAILABLE AT ALL POLLING PLACES WITHIN SAID CITY, AN ADEQUATE SUPPLY OF THE OFFICIAL BALLOT HEREIN PRESCRIBED FOR USE AT SAIDSPECIAL ELECTION, SUBSTANTIALLY IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE LAWS OF TEXAS AND THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI WITH RESPECT GENERALLY TO SPECIAL ELECTIONS IN SAID CITY. - -5 -- • ��s P, w , • SECTION 7. SAID SPECIAL ELECTION SHALL BE HELD IN EACH OF THE ELECTION PRECINCTS AT THE PLACES NAMED BY ORDINANCE OF THE CITY COUNCIL IN EFFECT AT THE T$ -ME OF THE HOLDING OF SAID ELECTION AND SAID SPECIAL ELECTION SHALL BE HELD IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE ELECTION CODE OF THE STATE OF TEXAS, THE URBAN RENEWAL LAW OF THE STATE OF TEXAS AND THE CHARTER AND ORDINANCES OF THE CITY OF CORPUS CHRISTI, AND THE PERSONS NAMED BY THE CITY COUNCIL AND APPOINTED BY THE CITY COUNCIL ARE HEREBY APPOINTED-JUDGES, ASSISTANT JUDGES AND CLERKS, RESPECTIVELY, AND DESIGNATED AS AUTHORIZED TO HOLD SUCH SPECIAL ELECTION AT THE PLACE INDICATED IN EACH OF SAID ELECTION PRECINCTS. THE POLLS SHALL BE OPEN FROM 7 :00 O'CLOCK A. M. TO 7 :00 O'CLOCK P. M. ON SAID DATE FOR THE HOLDING OF SAID ELECTION. ABSENTEE BALLOTS SHALL BE PROVIDED AND CAST AS AUTHORIZED BY LAW, AND VOTING MACHINES MAY BE USED IN THE HOLDING OF SAID ELECTION. SECTION 8. THE NECESSITY FOR THE PASSAGE OF THIS ORDINANCE CALLING SAID ELECTION AND PROVIDING FOR NOTIEES'AND OTHER PROCEDURE IN THE HOLDING OF SAID ELECTION CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER S PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF 1959. MAYOR A THE CITY OF C US CHRI , TEXAS CITY SECR•Te) Y APPROVED AS TO LFPAL FORM THIS_jo DAY OF 4Ado _, 1959: CjITY AT'POROE TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • CORPUS CHRISTI T xas DAY OF 1959 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, cr MAYOR . THE CITY ORPUS CHR TI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING GTE: ELLRoy KING JAMES L. BARNARD Y MRS. RAY AIRHEART JOSEPH B. DUNN ,P PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.