J. J. Richter Et Al. v. J. C. Martin

On Motion for Rehearing In our original opinion we stated that Section 15(d), Article 1269 l -3, Vernon's Ann.Tex.Stats., empowered the Agency to issue bonds after a prior election. Actually, the Act authorizes the Agency to ""issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project * * *."" The bonds ""shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds."" They ""shall be authorized by resolution or ordinance of the governing body of the urban renewal agency * * *."" The Act itself, therefore, does not require an election prior to the Agency's issuance of revenue bonds. City of Dayton v. Allred, 123 Tex. 60, 68 S.W.2d 172, 177, held that Article 1112, Vernon's Ann.Tex.Stats., did not require an election prior to the issuance of revenue bonds for the purchase money of a utility system, but when that same City undertook to encumber the income from another City utility system, the statute was not applicable and an election was necessary. When no constitutional provision is violated, a statute may excuse an election. Brazos River Conservation and Reclamation Dist. v. McCraw, 126 Tex. 506, 91 S.W.2d 665; Lower Colorado River Authority v. McCraw, 125 Tex. 268, 83 S.W.2d 629; City of Houston v. Allred, 123 Tex. 334, 71 S.W.2d 251; City of Dayton v. Allred, 123 Tex. 60, 68 S.W.2d 172; McCann v. Akard, Tex.Com.App., 68 S.W.2d 1033.