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HomeMy WebLinkAbout09807 ORD - 06/17/1970JRR:vMP:6 /t7 /70 AN ORDINANCE DECLARING FINDINGS BY THE CITY COUNCIL OF CORPUS CHRISTI ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS ON SATURDAY, SEPTEMBER 12, 1970, OR ON SUCH EARLIER SATURDAY AS THE CITY COUNCIL MAY HEREAFTER ORDER CONSISTENT WITH THE REQUIREMENTS OF ART. 1170, V.A.C.S. TEXAS AND ALL OTHER APPLICABLE LAWS, ON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE HOLDING OF SUCH ELECTION; PROVIDING NOTICE OF SUCH ELECTION; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL RECEIVED FROM THE CITY SECRETARY HIS CERTIFICATION OF THE SUFFICIENCY OF THAT CERTAIN PETITION, COMMONLY CALLED THE "POLICEMEN'S PETITION", FILED WITH THE CITY SECRETARY ON APRIL 29, 1970; AND WHEREAS, THE CITY COUNCIL FINDS THAT SAID PETITION IS SUFFICIENT, BY THE TERMS OF ART. 1170, V.A.C.S. TEXAS, FOR SUBMISSION BY ELECTION AS AN AMENDMENT TO THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE CITY COUNCIL FINDS THAT THE CITY CHARTER ADVISORY COMMITTEE, APPOINTED, CONFIRMED AND APPROVED BY THE CITY COUNCIL ON APRIL 17, 1970, AS A PROPER AND NEgc:SSARY ADJUNCT TO THIS COUNCILS PREPARATION OF PRO- POSED AMENDMENTS TO THE CITY CHARTER, HAS ORGANIZED, AND MET WITH REGULARITY WITH THE CITY MANAGER AND LEGAL COUNSEL, PURSUANT TO THE CHARGE GIVEN IT BY THE MAYOR OF THIS CITY IN DELIBERATING UPON CHARTER AMENDMENT PROPOSALS OF PRIME IMPORTANCE TO,THE CITIZENS OF CORPUS CHRISTI, INCLUDING BUT NOT LIMITED TO PROVISION FOR A RUNOFF ELECTION SYSTEM FOR THE MAYOR AND COUNCIL;AND WHEREAS, THE CITY COUNCIL FINDS THAT THE DELIBERATIONS OF THE CHARTER ADVISORY COMMITTEE CONTINUE AND WILL PROBABLY CONCLUDE DURING THE MONTH OF AUGUST, 1970, GIVING DUE CONSIDERATION TO THE RATE OF PROGRESS, THE COMPLEXITY AND QUANTITY OF THE AMENDMENTS BEING STUDIED, AND THE VOLUNTARY, UNCOMPENSATED SERVICES BEING RENDERED BY THE PUBLIC SPIRITED MEMBERS OF THE SAID COMMITTEE; AND WHEREAS, THE CITY COUNCIL FINDS THAT A REASONABLE TIME WILL BE REQUIRED, AFTER RECEIVING THE REPORT OF THE SAID COMMITTEE, FOR THE STUDY AND EVALUATION OF THE SAME, AND FOR THE FORMULATION OF THE VARIOUS PROPOSED AMEND- MENTS INTO THE FORM OF BALLOT PROPOSITIONS FOR A CHARTER AMENDMENT ELECTION; AND 0 WHEREAS, THE CITY COUNCIL FINDS THAT A REASONABLE TIME FOR SAID STUDY, EVALUATION AND FORMULATION WILL RANGE THROUGH THE FIRST HALF OF AUGUST, 1970; AND WHEREAS, THE CITY COUNCIL FINDS THAT A PETITION FOR CHARTER AMEND- MENT, COMMONLY CALLED THE "FIREMEN'S PETITION ", WAS FILED WITH THE CITY SECRETARY ON JUNE 81 1970, AND IS NOW BEING PROCESSED FOR CERTIFICATION BY THE CITY SECRETARY, AND THAT SUFFICIENT TIME MUST BE ALLOWED FOR SUCH CERTIFI- CATION AND FOR THE DUE INCORPORATION OF THE SAID AMENDMENT PROPOSAL, IF THE SAME BE CERTIFIED SUFFICIENT, IN THE BALLOT FOR SAID ELECTION; AND WHEREAS, THE CITY COUNCIL FINDS THAT, BASED ON THE FOREGOING FIND- INGS, AND BEING MINDFUL THAT THE CITY SECRETARY MUST HAVE ADEQUATE TIME TO OBTAIN VOTING MACHINES, SECURE PRINTED BALLOTS AND OTHER ELECTION SUPPLIES, AND INSTRUCT THE PERSONS TO CONDUCT SAID ELECTION, A CHARTER AMENDMENT ELECTION SHOULD BE HELD ON SATURDAY, SEPTEMBER12,1970, OR ON AN EARLIER SATURDAY, IF EVENTS OCCUR TO SO PERMIT, WITHIN THE REQUIREMENTS OF ART. 1170, V.A.C.S. TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. AN ELECTION IS HEREBY ORDERED TO BE HELD ON SATURDAY, THE 12TH DAY OF SEPTEMBER, 1970, IN THE CITY OF CORPUS CHRISTI, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO THE VOTERS WHO ARE QUALIFIED TO VOTE UNDER THE CONSTITUTION AND LAWS OF TEXAS, AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI. SECTION 2. PROPOSITIONS FOR CHARTER AMENDMENTS MAY BE PRESCRIBED FOR THE BALLOT OF SAID ELECTION BY FURTHER ORDINANCE OF THIS COUNCIL, IN COMPLIANCE WITH THE REQUIREMENTS OF ART. 1170, V.A.C.S. TEXAS. SECTION 3. THE BALLOTS FOR SAID ELECTION SHALL BE IN SUCH FORM AS THOSE VOTERS INTENDING TO VOTE "YES" SHALL SHOW ON THEIR BALLOT A VOTE "FOR" THE RESPECTIVE PROPOSITION, AND THOSE VOTERS INTENDING TO VOTE "NO" SHALL SHOW ON THEIR BALLOT "AGAINST" THE RESPECTIVE PROPOSITION. SECTION 4. SAID ELECTION SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING TO ELECTIONS FOR THE SUBMISSION OF AMENDMENTS TO MUNICIPAL CHARTERS AND THE GENERAL LAWS OF THE STATE OF TEXAS SHALL BE OB- SERVED INSOFAR AS THEY ARE APPLICABLE. THE POLLS SHALL BE OPEN FROM 7 :00 O'CLOCK A.M. TO 7:00 O'CLOCK P.M. ON THE DATE OF THE SAID ELECTION. -2- SECTION 5. THAT VOTING MACHINES SHALL BE EMPLOYED AT THE ELECTION HEREIN ORDERED IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION CODE, ART. 7.14, V.A.C.S., TEXAS, AND SAID ELECTION SHALL BE HELD AT THE POLLING PLACES IN THE REGULARLY PRESCRIBED VOTING PRECINCTS OF THE CITY OF CORPUS CHRISTI. ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY SECRETARY AT THE CITY HALL AND THE RESULTS CANVASSED. SECTION 6. IF THE OCCURRENCE OF EVENTS TOUCHING THE PREPARATION OF PROPOSITIONS FOR THIS CHARTER AMENDMENT ELECTION PERMIT THE HOLDING OF THIS ELECTION ON A SATURDAY PRIOR TO SEPTEMBER 12, 1970, THE CITY COUNCIL MAY, IN ITS DISCRETION, RESCHEDULE THIS ELECTION BY ORDINANCE TO SUCH EARLIER DATE BUT, IN NO EVENT, TO A LATER DATE. SECTION 7. THE CITY SECRETARY SHALL BE DIRECTED BY FURTHER ORDI- NANCE OF THIS COUNCIL AS TO THE FORMS OF NOTICES, MODE AND TIMES OF PUBLISH- ING SUCH NOTICES, OF THIS ELECTION AND BY FURTHER ORDINANCE, AND PRIOR TO SUCH NOTICES, THIS COUNCIL SHALL PRESCRIBE ADDITIONAL PROPOSITIONS FOR THE BALLOT, THE DESIGNATION OF POLLING PLACES IN EACH PRECINCT AND THE NAMES AND ADDRESSES OF ELECTION OFFICIALS, AND APPOINT A SPECIAL CANVASS BOARD. SECTION 8. THE FACTS THAT CHARTER AMENDMENT PETITIONS ARE PENDING, THAT ALL PERSONS CHARGED WITH DUTIES RELATIVE TO THE CHARTER AMENDMENT ELECTION AFORESAID SHOULD BE ADEQUATELY APPRISED AS SOON AS POSSIBLE OF THE TIME LIMITS WITHIN WHICH SUCH DUTIES MUST BE PERFORMED, UNDER THE CIRCUM- STANCES, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE � / vy "DAY OF JUNE, 1970. ATTEST- CITY SECR TAR] AY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY 0 JU , 1970: 7 f A I NG CITY ATTOR'i' Corpus Christi, Texas L2eeceay of TO THE 11EMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, (L e �`THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases t�', Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ''Wrangler" Roberts Ronnie Sizemore