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HomeMy WebLinkAbout06824 RES - 02/20/1963• 2 -20 -63 • 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 IS 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 POPULA- TION, AS WELL AS ECONOMIC DEVELOPMENT AND AN INFLUX OF INDUSTRY INTO ANY AREA, WILL RESULT IN A DISPROPORTIONATELY LARGE INCREASE IN LITIGATION, AND IN THE COMPLEXITY OF LAWSUITS AND THE PROBLEMS PRESENTED THEREBY; AND WHEREAS, THE TEXAS GULF COAST IS 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 THE HEAVIEST CASE LOAD OF ANY COURT OF CIVIL APPEALS IN THE STATE OF TEXAS; AND WHEREAS, ON TWO OCCASIONS, THE NUECES COUNTY BAR ASSOCIATION UNANIMOUSLY PASSED RESOLUTIONS FAVORING THE CREATION OF A TWELFTH SUPREME 682' • JUDICIAL DISTRICT OF THE STATE OF TEXAS, SAID RESOLUTION RECOMMENDING THAT THE RESULTING COURT OF CIVIL APPEALS BE LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THE NUECES COUNTY COMMISSIONERS° COURT HAS UNANIMOUSLY PASSED A RESOLUTION FAVORING THE CREATION OF THIS COURT AND HAS AGREED TO PROVIDE ADEQUATE SPACE FOR THE USE OF THE COURT; AND WHEREAS, THE CORPUS CHRISTI CHAMBER OF COMMERCE, THE JUNIOR CHAMBER OF COMMERCE AND BAR ASSOCIATIONS FROM VICTORIA TO THE VALLEY AND OTHERS, HAVE PASSED RESOLUTIONS URGING THE CREATION OF THE COURT, AND FOR THE SAME TO SITUATE IN CORPUS CHRISTI, TEXAS: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 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 PRESENT SESSION OF THE LEGISLATURE OF THE STATE OF TEXAS, IN HOUSE BILL 51, CO- AUTHORED BY NUMEROUS REPRESENTATIVES FROM THIS AREA 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 A SESSION OF SAID BODY, FOR THE INFORMATION OF THE GOVERNOR OF THE STATE OF TEXAS, JOHN B. CONNALLY, AND THE HONORABLE MEMBERS OF THE LEGISLATURE OF THE STATE OF TEXAS, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND 1E MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS RESOLUTION BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLUTION TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE 11 (2 DAY OF FEBRUARY, 1963, MAYOR ATTEST: Jl CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF FEBRUARY, 1963: THE CITY OF CORPUS CHRISTI, • • • CORPUS CHRISTI TEXAS ZDAY O F , 1 91 0 , TO THE MEMBERS 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 SE 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, MAYOR THE CITY OF CORPUS CHRISTI, EXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW! 14$ VOTE2 BEN F. MCDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JosE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG • • RESOLUTION NO. EXPRESSING THE POSITION OF THE CITY OF CORPUS CHRISTI AS BEING I N 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. CITY OF CORPUS CHRISTI LEGAL DEPARTMENT