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HomeMy WebLinkAboutORD 14-NAN ORDINANCE ENTITLED Aiv ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 1016 DAY OF SEPTEMBER,.1940, UPON THE QUESTION OF ISSU- ING ONE MILLION, SEVEN HUNDRED THOUSAND (010700,000) DOLLARS IN BONDS OF THE C TTY OF BEAUMONT FOR THE PUR- POSE OF BUILDING OR PURCHASING, IMPROVING, ENLARGING, A10 . EXTENDING A MUNICIPALLY OWNED GAS SYSTEM;. SAID BONDS TO BE ISSUED IN THE MANNER PRESCRIBED BY ARTI- CLESllll TO 1118 OF THE REVISED STATUTES OF TEXAS AS AMENDED, CONDITIONED THAT THE HOLDERS SHALL NOT HAVE . THE RIGHT TO DEMAND PAYMENT OUT OF FUNDS RAISED BY TAXATION; SAID ISSUE OF BONDS.NOT CONSTITUTING AN INDEBTEDNESfS OF THE CITY, SECURED.BY A PLEDGE OF THE NET REVENUES FROM THE OPERATION OF.AND A_MORTGAGE ON SAID SYSTEM AND THE EXTENSIONS THEREOF AND IMPROVE- MENTS THERETO, AND FOR AN OPERATING FRANCHISE IF SOLD AFTER DEFAULT, WHICH SAID BONDS SHALL NOT BEAR -INTER- EST AT A GREATER RATE THAN FIVE (5%) -PER CENT PER AN- NUM FROM DATE UNTIL.MATURITY OR UNTIL PAID, AND TO MATURE SERIALLY WITHIN A PERIOD NOT TO EXCEED TWENTY- FIVE (25) YEARS FROM AND AFTER DATE OF THEIR ISSUANCE; DESIGNATING THE TIME AND PLACE OF HOLDING_SAID ELEC- TION AND APPOINTING JUDGES TO PRESIDE OVER SAID ELEC- TION; PROVIDING FOR THE MANNER OF HOLDING SAID ELEC- TION AND THE GIVING OF NOTICE THEREOF; PRESCRIBING THE QUALIFICATIONS OF VOTERS IN SAID ELECTION; AND DECLARING AN EMERGENCY. WHEREAS, the present utility companies holding fran- chises in the City of Beaumont and offering for sale to the citizens thereof natural gas are, and have been for many years, charging excessive and exorbitant rates for such gas; and, WHEREAS, while the Charter of the City of Beaumont and the statutes of the State of Texas attempt to vest author• ity in the City Commission of the City of Beaumont to regulate and reduce such rates, nevertheless the practical effect of such charter provision and statutes are wholly inadequate, neces- sitating long drawn out and expensive litigation if any results are to be obtained at all; and, WHEREAS, recently a comprehensive survey of the local gas problem, as well as the source of supply, has been completed by a competent and qualified engineer and submitted to the City Commission, which said survey has convinced the Commission that a municipally owned gas system would be very beneficial to the citizens of the City of Beaumont and will materially reduce the gas rates in said City, and that such reduction will be of a per- manent nature; and, WHEREAS, for the purpose of obtaining One Million, ,Seven Hundred Thousand ($1,700,000).Dollars to acquire said municipal gas system and all incidentals in connection therewith, it is necessary and deemed advisable to issue revenue bonds of the gas system in the aforesaid sum of One Million, Seven Hun- dred Thousand ($10700,000) Dollars, which said bonds shall be issued in the manner prescribed in Articles 1111 to 1118, both inclusive, of the Revised Statutes of Texas of 1925 as amended, each bond to be conditioned 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, and said issue of bonds not constituting indebtedness of the City, and secured by a pledge of the net revenues from the operation of, and a mortgage on said system and any extensions thereof or improvements thereto, and in the event of sale thereof after default an operating franchise for a term of not exceeding twenty (20) years; said bonds not to bear a greater rate of interest than five (5%) per cent per annum from date of maturity or until paid, and -to. mature serially over a period not to exceed twenty-five (25) years after the date of issuance of said bonds, _ WHEREAS, after due consideration the Commission has determined and hereby finds that this is an emergency measure necessary for the immediate preservation of the public peace, property, health andsafety, to the end that it may and should be passed finally on the date of its introduction and, that it be effective immediately upon and after final passage, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT t Section 1 That an election is hereby ordered to be held on the ��ay of September, A.D. 1940, in the City of Beaumont,9 Texas, at which election there shall be submitted to the voters who are qualified to vote under the Constitution and laws of the State of Texas, the following proposition; PROPOSITION "FOR THE PURPOSE OF BUILDING OR PURCHASING, IM- PROVING, ENLARGING AND EXTENDING A MUNICIPALLY OWNED NATURAL GAS SYSTEM FOR THE CITY OF BEAUMONT, SHALL THE CITY OF BEAUMONT ISSUE ONE MILLION, SEVEN HUNDRED THOUSAND (01,'700,000) DOLLARS OF REVENUE BONDS, BEAR- ING INTEREST AT A RATE NOT TO EXCEED FIVE (5%) PER CENT -PER ANNUM -FROM DATE UNTIL MATURITY OR -UNTIL PAID, AND MATURING SERIALLY WITHIN A PERIOD NOT EXCEEDING TWENTY-FIVE (25) YEARS FROM AND AFTER THE DATE OF IS- S-UANCE OF SAID BONDS, ISSUED IN THE MANNER PRESCRIBED IN ARTICLES 1111 TO 11182 BOTH INCLUSIVE, OF THE RE- VISED STATUTES OF TEXAS OF 1925 AS AMENDED, EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATIDN OUT OF FUNDS RAISED OR TO BE RAISED BY TAXATIOiv, AND SAID ISSUE OF BONDS NOT CONSTITUTING INDEBTEDNESS OF THE CITY, AND SE -'CURED BY A PLEDGE OF THE NET REVENUES FROM THE OPERATION OF, AND A MORTGAGE ON SAID SYSTEM AND ANY EXTENSIONS THEREOF OR IMPROVEMENTS THERETO, AND IN THE EVENT OF SALE THEREOF AFTER DEFAULT AN OP- ERATI1vG FRANCHISE FOR A TERM OF NOT EXCEEDING TWENTY YEARS". Section 2 That said election shall be held in the City of Beau" mont at the following places, to -wit = In the First Ward at the Junker School Building, Averill School Building, and Central -Fire Station, In the Second Ward at the Beaumont High School Building, and the City Hall. In the Third ?:card at the Sabine Pass Fire Stations David Crockett Junior High School Building, and South Park Elementary School Building. All voters residing in County voting precincts Num- bers 1 and 2 in the City shall vote at Junker School Building; that all voters residing in County voting precinct Number 4 in the City and that part of County voting precinct Number 47 ly- ing within the city limits of the City of Beaumont shall vote at Averill School Building; that all voters residing in County voting precincts Numbers 3, 6 and 7 in the City shall vote at the Central Fire Station; that all voters residing in County voting precinct Number 5 in the City shall vote at Beaumont High School Building; that all voters residing in County voting pre- cincts Numbers 8 and 9 in the City shall vote at the City Hall; that all voters residing in County voting precincts Numbers 10, 13 and 14 in the City shall vote at Sabine Pass Fire Station; that all voters residing in County voting precincts Numbers 11 end 12 in the City shall vote at David Crockett Junior High School Building; and that all voters residing in County voting precincts Numbers 15, 16 and 17 in the City shall vote at the South Park Elementary School Building. Section 3 The following named persons are appointed officers of said election for the respective voting boxes in said vot- ing precincts: At the Junker School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: C. A. Culmore Mrs. Ruth M. Coward Mrs, Gertrude Snow Mrs, Geo. Moses At the Averill School Building: Presiding Judge: Assistant Judge: Clerk: Clerk : ..3.. A, Fe Briggs C. L. Rut Mrs, C. A. Ganoung Mrs. A. F. Briggs At the Beaumont High School Bui 1 ding : Presiding Judge: W. No 1) wson Assistant Judge; L. L". Rutt Clerk: Mrs, S. F. Foster Clerk: Mrs, Geo. Temple., Sr. At the Central Fire Station: Presiding Jude: Assistant Judge: Clerk: Clerk: At the City Hall: Presiding Judge: ,Assistant Judge: Clerk: Clerk: W. S. Siler C. L. Smoot Mrs, A, T. McDonough Mrs. Louise McMinn T. S. Yawn. Ray Watson Mrs. Lillian Fletcher Mrs, L. A. Taylor At the Sabine Pass Fire Station: Presiding Judge: Assistant Judge: Clerk: Clerk: Mrs, Ben Pipkin Mrs. Mae Pipkin Mrs, B. P. Derr Mrs, Louise Pitts At the David Crockett Junior High School Building: Presiding Judge: Assistant _ Judge: Clerk: Clerk: E. J. Lour F. L. Fisher Mrs. Josie Bolton Mrs, B. F. Moore At the South Park Elementary School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: W. T. Wherry Mrs, J. C. Burkhart Mrs, F. D. McGill Mrs. L. Busbee The said election shall be held under the provisions of Chapter 19 Title 22 of the Revised Civil Statutes of Texas, 19259a s amended., including the provisions of Article 7049 as amended by Chapter 3829 passed at the First Called Session of the Forty—Fourth Legislature, effective October 119 19359 and in accordance with the provisions of Chapter 1639 Acts of the Regular Session of the Forty -Second :Legislature. The Polls shall be open from eight o'clock A.M. to seven o'clock P.M. The proposition as set forth in Section 1 of this ordinance shall be printed on theofficial ballot to be used m4» in said election and under said proposition there shall be printed the words, "FOR THE ISSUANCE OF REVENUE BONDS ISSUED AND SECURED AS PROVIDED IN THE PROPOSITIOn", and directly there- under the words, "AGAINST, THE ISSUANCE OF REVENUE BONDS ISSUED AND SECURED AS PROVIDED IN THE PROPOSITION% A11 voters desiring to support the proposition to is- sue said bonds shall run a line or lines through or across that section of the official ballot reading as follows, to -wit "AGAINST TITE ISSUANCE OF REVENUE BOiiDS ISSUED AND SECURED AS PRO- VIDED IN THE PROPOSITION"; and all voters desiring to vote against the proposition to issue said bonds shall run a line or lines through or across the section of the official ballot read- ing as follows; "FOR THE ISSUANCE OF REVENUE BONDS ISSUED AND SECURED AS PROVIDED IN THE PROPOSITION% Only legally qualified electors who own taxable proper- ty in the City and who have duly rendered same for taxation shall be qualified to vote, and all such electors shall vote in the election precinct of their residence. Section 4 .A. substantial copy of this ordinance, signed by the Mayor of the City of Beaumont and attested by the City Clerk of said City, shall serve as proper and sufficient notice of said election and -the Magor is hereby directed to cause one each of said notices to be posted at the City Hall and in each of the election precincts in the City of Beaumont at each of the places designated for holding said election,at least fifteen (15) days prior to the date of the holding of said election, and the per- son posting said notices shall make a return on the copy thereof showing the time and place of said posting, which said return shall be filed in the office of the City Clerk and shall be con- clusive evidence of the posting of said notices; and a substan- tial copy of this ordinance shall be published on the same day in each of two successive weeks in a newspaper of general circula- tion published in the City of Beaumont, the date of the first pub- lication to be not less than fourteen (14) days prior to the date set for holding said election. .0500 Section 5 The fact that the present franchise holders offering natural gas for sale in the City of Beaumont are charging- a high and exorbitant rate for such services, and the fact that the City has no speedy and practical method to cope with the situation in order to relieve its citizens of such high and ex— orbitant rate, creates an imperative public emergency necessi- tating the suspension of the rule requiring that ordinances be read on three (3) separate days before the passage thereof and, therefore, said rule is hereby suspended and this ordinance shall take effect immediately from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by an affirmative vote of all mem• bers of the City Commission of the City of Beaumont i this the 20th day of August, A.D. 1940. Mayor, City of :