HomeMy WebLinkAbout06207 RES - 07/18/1961• cNC:ee:7 -17 -61
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A RESOLUTION
EXPRESSING THE POSITION OF THE CITY OF CORPUS
CHRISTI AS BEING IN FAVOR OF THE CREATION OF
A TWELFTH SUPREME JUDICIAL DISTRICT OF THE STATE
OF TEXAS AND OF LOCATING THE RESULTING COURT OF
CIVIL APPEALS IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY.
WHEREAS, AT THE PRESENT TIME, THE STATE OF TEXAS 15 DIVIDED
INTO ELEVEN SUPREME JUDICIAL DISTRICTS ESTABLISHED BY THE LEGISLATURE
IN ACCORDANCE WITH THE GRANT OF POWER CONTAINED IN ARTICLE V, SECTION
6 OF THE CONSTITUTION OF THE STATE OF TEXAS, AS AMENDED IN 1891; AND
WHEREAS, ALMOST ALL OF THE GULF COAST AREA IS LOCATED IN THE
FIRST AND FOURTH SUPREME JUDICIAL DISTRICTS OF THE STATE OF TEXAS; AND
WHEREAS, IT IS GENERALLY RECOGNIZED THAT AN INCREASE IN POPU-
LATION, AS WELL AS ECONOMIC DEVELOPMENT AND AN INFLUX OF INDUSTRY INTO
ANY AREA, WILL RESULT IN A DISPROPORTIONATELY LARGE INCREASE IN LITI-
GATION; AND IN THE COMPLEXITY OF LAWSUITS AND THE PROBLEMS PRESENTED
THEREBY; AND
WHEREAS, THE TEXAS GULF COAST 15 RECOGNIZED AS ONE OF THE MOST
RAPIDLY GROWING AND DEVELOPING SECTIONS OF THE NATION, BOTH IN POPULATION
INCREASE AND ECONOMIC AND INDUSTRIAL EXPANSION; AND
WHEREAS, IT APPEARS THAT TWENTY COUNTIES OF THE STATE OF TEXAS
ACCOUNT FOR WELL OVER HALF OF THE CASES HANDLED BY THE COURT OF CIVIL
APPEALS; AND
WHEREAS, FOUR OF THE SAID TWENTY COUNTIES ARE PRESENTLY LOCATED
IN THE FOURTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS; AND
WHEREAS, THERE HAS BEEN NO NEW SUPREME JUDICIAL DISTRICT CREATED
SINCE 1925; AND
WHEREAS, THE FOURTH SUPREME JUDICIAL DISTRICT AT SAN ANTONIO
PRESENTLY CARRIES ONE OF THE HEAVIEST CASE LOADS OF ANY COURT OF CIVIL
APPEALS IN THE STATE OF TEXAS; AND
WHEREAS, ON THE 13TH DAY OF JULY, 1961, THE NUECES COUNTY BAR
ASSOCIATION UNANIMOUSLY PASSED A RESOLUTION FAVORING THE CREATION OF A
'62CT %
TWELFTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS, SAID RESOLU-
TION RECOMMENDING THAT THE RESULTING COURT OF CIVIL APPEALS BE LOCATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THIS 19TH DAY OF JULY, 1g61:
SECTION 1. THAT THIS CITY COUNCIL AND THE CITY OF CORPUS
CHRISTI, TEXAS, FAVORS THE CREATION OF A TWELFTH SUPREME JUDICIAL DISTRICT
FOR THE STATE OF TEXAS, THAT SAID NEW DISTRICT INCLUDES THE TERRITORY
USUALLY KNOWN AS THE R10 GRANDE VALLEY, COASTAL BEND AND GULF COAST AREAS,
SAID AREAS BEING SUBSTANTIALLY THE SAME AS THOSE PRESENTED IN THE REGULAR
SESSION OF THE 57TH LEGISLATURE OF THE STATE OF TEXAS, IN HOUSE BILL 831
BY REPRESENTATIVE DEWITT HALE; THAT THE COURT OF CIVIL APPEALS CREATED
THEREBY, SHOULD BE LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, AS BEING THE GEOGRAPHICAL CENTER OF SAID NEW DISTRICT AND THAT THE
POSITION OF THE CITY OF CORPUS CHRISTI AS SO FAVORING THE CREATION OF THE
SAID TWELFTH SUPREME JUDICIAL DISTRICT, BE EXPRESSED TO THE GOVERNOR OF
THE STATE OF TEXAS AND TO THE MEMBERS OF THE TEXAS LEGISLATURE, URGING
THE LEGISLATURE OF THIS STATE AND THE GOVERNOR TO ENACT LEGISLATION AND
PUT SUCH LEGISLATION INTO EFFECT BY CREATING SUCH A NEW SUPREME JUDICIAL
DISTRICT.
SECTION 2. THE NECESSITY FOR AN EXPRESSION FROM THE ELECTED
REPRESENTATIVES OF THE CITY OF CORPUS CHRISTI, IN AN OFFICIAL SESSION OF
SAID BODY FOR THE INFORMATION OF THE GOVERNOR OF THE STATE OF TEXAS AND
THE HONORABLE MEMBERS OF THE LEGISLATURE OF THE STATE OF TEXAS, CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS-
PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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,
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HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS RESOLUTION
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BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLU-
TION TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PA AG , IT IS ACCORDINGLY PASSED AND APPROVED THIS THE Z f DAY OF
i 96i .
ATTEST:
-MAYOR
THE CITY OF CORPUS CHRIS I, TEXAS
CITY SECRE'ARY
APPROVED AS TO LE L FORM TH S
_DAY OF i96i:
CITY 11W&
CORPUS CHRIST , TEXAS
IfDAY OF 19L/
TO THE PEERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT 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 MEETINGS OF THE CITY
COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
P1A R
THE CITY OF CORPUS CHRIS ,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MICDONALD
TON R. SWANTNER
DR. JAMES L. BARNARD,.
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS ✓
JAMES H. YOUNG if
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI 6 VOTE:
BEN F. PICDONALD
TON R. SWANTNER 0' C4 I
DR. JAMES L. BARNARD,
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS s .
JAMES H. YOUNG Q,.�f