HomeMy WebLinkAbout06670 RES - 10/17/1962. IMS:JKH:10 -15 -62 •
A RESOLUTION
WHEREAS, AMENDMENT N0. 14 APPEARING ON THE NOVEMBER 6 GENERAL
ELECTION BALLOT AS A PROPOSED AMENDMENT TO THE TEXAS CONSTITUTION, IS TO
THE EFFECT THAT AUTHORITY WOULD BE CONFERRED ON THE LEGISLATURE TO PRE-
SCRIBE TRIALS DE NOVO ON ALL APPEALS FROM PROCEEDINGS AND DECISIONS OF
EXECUTIVE AND ADMINISTRATIVE AGENCIES OF THE STATE OF TEXAS AND ALL
GOVERNMENTAL BODIES; AND
WHEREAS, SUCH A PROPOSED AMENDMENT, IF ADOPTED, WOULD CONSTI-
TUTE ONE OF THE MOST FAR — REACHING CHANGES IN OUR CONSTITUTIONAL FORM OF
GOVERNMENT WHICH HAS EVER BEEN PROPOSED AND IF ADOPTED, WOULD TIE THE
HANDS OF ALL GOVERNMENTAL AGENCIES IN EVEN THE MOST MINUTE DETAILS OF
EVERYDAY ADMINISTRATIVE ACTION; AND
WHEREAS, THE ADOPTION OF SUCH AN AMENDMENT WOULD BE CONTRARY TO
THE AMERICAN CONCEPT OF GOVERNMENT IN SEPARATION OF POWERS, IN THAT THE
LEGISLATIVE BRANCH OF THE GOVERNMENT WOULD BE ENABLED TO TRANSFER ADMINI-
STRATIVE DECISIONS TO THE JUDICIAL BRANCH OF THE GOVERNMENT AND EVERY
DECISION OF EVERY ADMINISTRATIVE OFFICER AND EXECUTIVE BRANCH OF THE
GOVERNMENT WOULD BE SUBJECT TO BEING SET ASIDE AND DECIDED BY A JUDICIAL
DECISION RATHER THAN BY THE EXECUTIVE AND ADMINISTRATIVE BRANCH OF THE
GOVERNMENT, AS HAS BEEN THE RULE FOR MORE THAN 150 YEARS IN THE UNITED
STATES AND IS STILL THE RULE IN EVERY STATE OF THE UNION; AND
WHEREAS, THIS COUNCIL HAS BEEN ADVISED BY EMINENT LAWYERS,
JUDGES AND POLITICAL SCIENCE STUDENTS OF THE DANGER OF ADOPTION OF SUCH
AMENDMENT, AND THIS COUNCIL IS OF THE OPINION THAT THE ADOPTION OF SUCH
AMENDMENT SHOULD BE FORCEFULLY OPPOSED:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THIS COUNCIL-HERE AND NOW RECORDS ITS OPINION
THAT CONSTITUTION AMENDMENT NO. 14, TO BE VOTED ON NOVEMBER 6, 1962, ON
THE GENERAL ELECTION BALLOT OF SAID DATE, BE OPPOSED AND THAT ALL VOTERS
BE URGED TO BECOME INFORMED AS TO THE EFFECT OF SAID PROPOSED AMENDMENT
s+
AND USE THEIR EFFORT TO OPPOSE THE ADOPTION OF SUCH AMENDMENT.
SECTION 2. THAT THIS COUNCIL BELIEVES IN THE PROMPT AND
EFFICIENT DISCHARGE OF THE DUTIES INVOLVED IN LOCAL SELF - GOVERNMENT AND
THAT THE RESPONSIBILITY OF MAKING OF DECISIONS CONCERNING THE DISCHARGE
OF THOSE DUTIES SHOULD BE ON THE ELECTED REPRESENTATIVES OF THE PEOPLE,
AS IS NOW VESTED IN THE CITY COUNCIL, AND THAT THEIR DECISIONS TO THE
EXTENT THAT THEY ARE NOT ARBITRARY, UNREASONABLE OR CAPRICIOUS OUGHT TO
BE FINAL, BINDING AND OF SUCH EFFECT AS TO ENABLE THE PROMPT DISCHARGE OF
THE FUNCTIONS OF GOVERNMENT WITHOUT ANY TRANSFER OF CONTROL TO THE
LEGISLATURE OR THE COURTS AS WOULD RESULT BY THE ADOPTION OF ANY SUCH
AMENDMENT.
PASSED AND APPROVED THIS THE 17TH DAY OF OCTOBER, 1962.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS THE
f ,!j; DAY OF OCTOBER, 1962:
CITY ATTORNEY 0
MAYOR�tyT-
THE CITY OF CORPUS CHRISTI, TEXAS
•
CO RPPUUS CHRISTI* TEXAS
/ DAY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTIs 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'INTRODUEED, 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 TH M ORD I NANCE FINALLY ON THE DATE IT 15 INTRODUCED,
OR AT THE PRESENT MEETING-OF THE CITY COUNCIL.
w F
RESPECTFULLY,
A-C �
MAYORPro-Tem
' THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER`RULE'WAS SUSPENDED BY'THE'FOLLOWINqp VOTES
BEN F. MCDONALD
' 1 r +`• ` � TOM R. SWANTNER ,. .
r'.DR. JAMES L. BARNARO
JOSE R. DELEON fi'.
P. '.MALDONADO
W.
J. ROBERTS A
a8 _ ,JAMES H. "YOUNG iz - - _
e •_ r THE ABOVE ORDINANCE�cWAS PASSED BY THE`f OLLOWING VOTE:
f'— \
• `p' BEN F,: MCDONACD
TON R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. ,DELEON
?i'Ya M. P:'MALDONADO o
a W J. ROBERTS -
y .'+ JAMES H. YOUNG
M