HomeMy WebLinkAbout06298 ORD - 10/04/1961AN ORDINANCE
PROVIDING THAT THE MAYOR MAY SIGN ALL SUBPOENAS AND OTHER
PROCESSES IN CONNECTION WITH INVESTIGATIONS AUTHORIZED BY
ARTICLE 118 SECTION 19 OF THE CITY CHARTER, PROVIDING FOR
THE SWEARING OF WITNESSES APPEARING BEFORE THE COUNCIL OR
ITS INVESTIGATORS, PROVIDING FOR A PENALTY FOR VIOLATION
OF ANY PROVISION OF THIS ORDINANCE; MAKING THE PENALTIES
CONTAINED HEREIN CUMULATIVE WITH ANY OTHER PENALTIES NOW
IN FORCE, CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION, AND DECLARING AN EMERGENCY.
WHEREAS, ARTICLE 11, SECTION 19 OF THE CITY CHARTER OF THE CITY
OF CORPUS CHRISTI GRANTS TO THE CITY COUNCIL THE POWER TO INVESTIGATE AND
INQUIRE INTO THE OFFICIAL CONDUCT OF ANY DEPARTMENT, DIVISION, AGENCY,
OFFICE, OFFICER OR EMPLOYEE OF THE CITY, AND
WHEREAS, SAID ARTICLE AND SECTION GRANTS TO THE CITY COUNCIL THE
POWER TO ADMINISTER OATHS, SUBPOENA WITNESSES, COMPEL THE PRODUCTION OF BOOKS,
PAPERS AND OTHER EVIDENCE MATERIAL TO THE INQUIRY, AND
WHEREAS, SAID ARTICLE AND SECTION OF THE CITY CHARTER STATES THE
COUNCIL MAY PROVIDE BY ORDINANCE ADDITIONAL PENALTIES FOR CONTEMPT IN FAILING
OR REFUSING TO OBEY ANY SUCH SUBPOENAS, OR TO PRODUCE ANY SUCH BOOKS, PAPERS,
OR OTHER EVIDENCE, AND SHALL HAVE THE POWER TO PUNISH ANY SUCH CONTEMPT IN
THE MANNER PROVIDED BY SUCH ORDINANCE, AND
WHEREAS, THERE PRESENTLY EXISTS NO ORDINANCE PROVIDING FOR ADDI-
TIONAL PENALTIES FOR CONTEMPT AS AUTHORIZED BY THE CITY CHARTER, AND
WHEREAS,, THE CITY COUNCIL IS OF THE OPINION THAT SUCH AN ORDINANCE
PROVIDED BY THE CITY CHARTER IS NECESSARY AND IMPERATIVES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTIS TEXAS:
SECTION 1. THAT THE MAYOR SHALL HAVE THE AUTHORITY TO SIGN, FOR
AND ON BEHALF OF THE CITY COUNCIL, ANY SUBPOENA OR PROCESS NECESSARJ AND
PROPER TO COMPEL THE ATTENDANCE OF ANY WITNESSES OR THE PRODUCTION OF ANY
EVIDENCE MATERIAL TO ANY INQUIRY OR INVESTIGATION CONDUCTED OR AUTHORIZED
BY THE CITY COUNCIL- -UNDER THE AUTHORITY OF ARTICLE 01, SECTION 19 OF THE
CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS.
&8
SECTION 2. THAT ANY WOTNESS APPEARING BEFORE THE COTT COUNCOLD
OR ITS ONVESTOGATORSD MAY BE PLACED OINOER DATR BY THE MAYOR, MAYOR PRO
TEND OR ANY NOTARY PUBLIC ON AND FOR NUECE9 COUNTY, TEDIA9.
SECTION 3. THAT ANY PERSON WHO SMALL REFUSE TO BE SWORN OR TO
TESTIFTD OR TO PRODUCE BOORS, PAPERS OR OTHER EVIDENCE MATERIAL TO AN
ONQUORY WMEN A SUBPOENA OR OTMER PROCESS MAS BEEN SERVED UPON MIND SMALL
BE GUILTY OF CONTEMPT OF THE COTT COUNCIL AND UPON CONVOCTOON THEREOFD
SMALL BE 1`06090 NOT LESS ?MAN $25.00 NOR MORE THAN $100.00. EACM DAY
ANY PERSON SMALL REFUSE TO OBEY ANY SUBPOENA OR PROCESS SHALL CONSTOTUTE
A SEPARATE VOOLATOON.
SECTION 4. THE PENALTIES PROVIDED MEREIN SMALL BE CUMULATIVE
OF ALL OTHER PENALTIES AUTMOROZED BY ORDIMANCED LAW OR COTT CHARTER FOR
CONTEMPT OF TEE CITY COUNCIL.
SECTION 5. PUBLICATION OF THIS ORDINANCE SMALL BE MADE ON THE
OFFICIAL PUBLOCATOOM OF THE CITY OF CORPUS CHRISTI,, TEOIASD ONE TIMED WHOM
PUBLICATOON SHALL CONTAIN THE CAPTION STATING THE SUBSTANCE, PURPOSE OF
TWE ORDINANCE AND RECITONG THAT THE PENALTOES FOR VOOLATION OF THE ORDINANCE
SMALL BE A FINE OF NOT LESS THAN $115.00 NOR MORE THAN $100.00.
SECTION 6. IF ANY BECTIOND PARAGRAPE, SUBDOVOSOOND CLAUSE, PHRASE
OR PROVISOON OF THIS ORDINANCE SEALL BE ADJUDGED INVALID OR MELD UNCOH-
STITUTBONALD TEE SANE SMALL NOT AFFECT THE VALODOTY OF TMOS ORDINANCE AS
A WHOLE OR ANY PART OR PROVOSOON THEREOF OTMER THAN THE PART 90 DECODED
TO BE VINVALID AID UNCONITO TUTO ORAL.
SECTION 7. TWE FACT THAT AN INVESTIGATION ONTO CERTAoN VOCE CON -
ORTOONS AND POSSIBLE MALFEASANCE OF OFFICE OF CERTAIN COTT EMPLOYEES OS NOW UNDER-
WAY AND THE FACT THAT TMERE NOW EXISTS NO CROONANCE PROVIDONG A PENALTY FOR REFUS-
IMG TO 09Y SIOCIiPOENA ISSUED MY THE CITY COUNCIL IS MAMPERONG SABO BNVESTOGATOOND
CREATES A PUBLIC EMERGENCY AND AN ONFERATOVE PUBLIC NECESSOTT REQUIRING TEE
SUSPENSION OF THE CMARTER RULE TWAT NO ORDINANCE OR RESOLUTION SMALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TWAT SUCH ORDINANCE OR
—2—
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE COTY COUNCOL,
AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
WAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDI-
RANCE BE PASSED FILIALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSA , I S ACCORDINGLY PASSED AND APPROVED THIS THE - -DAY OF
' i96i.
L �i v., eI� C.
ATfFy
CITYJSECRE A
APPR90VED AS TO LE L OF0 HIS
_ DAY OF i96i
CITY ATT IINEY
CO[R/ /P,,US CHRIST TE AS /
7� DAY OF� ��Aa
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDIMANCEj 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; I', 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.
RESPECTFULLYp
A.0
THE CITY OF CORPUS CHRISTIOTEM
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER /
DR. JAMES L. BARNARD S
Jose R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW VOTE: /X\
BEN F. MCDOMALD �/ \
TOM R. SWANTNER ✓ J
DR. JAMES L. BARNARD O
Jose R. DELEON f
Me P. MALDONADO
W. J. ROBERTS 1
JAMES H. YOUNG