HomeMy WebLinkAbout05509 ORD - 09/30/1959•Y IMs :JKH:9 -29 -59
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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
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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.
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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,
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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.
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"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.
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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.