Loading...
HomeMy WebLinkAbout13849 ORD - 07/20/1977JKH:hb:7 /18/77 AN ORDINANCE AMENDING THE AGREEMENT ESTABLISHING THE COASTAL BEND REGIONAL PLANNING COMMISSION, AUTHORIZED ORIGINALLY' BY ORDINANCE NO. 8246, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 16, 1966, BY SUBSTITUTING AN AMENDED AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF, AND SUBSTITUTING THE DESIGNATION OF "COASTAL BEND COUNCIL OF GOVERNMENTS" WHEREVER THE DESIGNATION OF "COASTAL BEND REGIONAL PLANNING COMMISSION" APPEARS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the agreement establishing the Coastal Bend Regional Planning Commission, authorized originally by Ordinance No. 8246, passed and approved by the City Council on November 16, 1966, be and the same is hereby amended by substituting an amended agreement, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof, and substituting the designation of "Coastal Bend Council of Governments" wherever the designation of "Coastal Bend Regional Planning Commission" appears. SECTION 2. The necessity to amend the agreement aforesaid at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction but 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, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of July, 1977. ATTEST: C ty Secretary OR "� THE CT Y OF CORPUS CHRISTI, 4EXAS APPROVED: DAr OF JULL 1977: J. BRUCE AYCOCK, CITY' ATTORNEY MICROFILMED By. Assistant Ci Attorney - 13849 JUL 0 7 1980 AGREEMENT ESTABLISHING THE COASTAL BEND COUNCIL OF GOVERNMENTS AS AMENDED WHEREAS, Aransas County, Bee County, Brooks County, Duval County, Jim Wells County, Kenedy County, Kleberg County, Live Oak County, McMullen County, Nueces County, Refugio County, San Patricio County, and the incorporated cities therein, all in the State of Texas, have common problems of transportation, water supply, civil defense, drainage and land use, and have common interrelated forms of urban development or concentration and have special problems of agriculture and conservation; and WHEREAS, said counties and cities deem it in the public interest to establish the Coastal Bend Council of Governments in accordance with the provisions of Chapter 570 of the regular session of the 59th Legislature of the State of Texas; NOW, THEREFORE: Section 1. The Coastal Bend Council of Governments is hereby established by the counties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio, and San Patricia to include the territorial area of said counties. Other contiguous counties, or cities therein, may become members of said Council of Governments by a majority vote of the membership. Section 2. The Coastal Bend Council of Governments is created by said counties as a means whereby said counties and the municipalities and other public and private organizations within them may join together and cooperate with one another to improve the health, safety, and general welfare of the citizens of the regional area. Section 3. The governing body of the Coastal Bend Council of Governments shall consist of representatives from said counties, the City of Corpus Christi, and any other incorporated municipalities within the region desiring membership. Representatives to the Council shall be appointed by the Commissioners' Courts and City Councils utilizing the following criteria: 5 A. County representatives - one representative for each 20,000 persons or fraction thereof. Counties with more than one representative shall name at least 40% of their representatives from among the elected city or county officials in such county. B. City representatives - a city may designate as its official representative a person appointed by its County Commission- ers` Court or may appoint its own representative. Cities over 15,000 population may, at their option, appoint additional representatives up to one additional represen- tative for each additional 35,000 persons or fraction thereof. Cities having common interests due to their proximity may jointly name representatives based on their combined population. Cities with more than one represen, tative shall name at least 50% of their representatives from elected city or county officials in such city. Each member county or city may designate, in writing, one or more alternate representatives (listed in the order of priority in which they shall serve) for any of its regular representatives, and any such alternate representative so designated shall vote in behalf of such county or city in the absence of the regular representative for whom he was appointed an alternate. The parties to this agreement wish to enhance the effectiveness of the Council in studying and resolving issues raised by regional problems, in developing action programs for carrying out comprehensive plans,.and in recommending regional policies affecting local government activities. It is also the intent of the membership that the total voting composition of the governing body, whether regular or alternate representatives, will meet Federal and state requirements for Councils of Governments that not less than 66 -2/3 %'shall be elected policy and decision makers from among the various local governmental units in the region. If it should develop at any time that this is not the case, the Council shall notify the sponsoring local governmental units so that they may restore the desired proportion. -2- i A quorum shall consist of a majority of the total membership. Any action of the Council shall require the approval of a majority of those present and a majority of the member counties. A majority of the representatives present from each county shall determine the vote of such county. Each representative present at any Council meeting, whether appointed by a county or city, shall have equal status in transacting Council business, except that should the number present from any county exceed one for every 20,000 population or fraction thereof in the county, the votes in that county shall be fractionalized equally so that the total vote cast by the county is one for every 20,000 population or "fraction thereof in the county. Section 4. The terms of office of the representatives to the Council of Governments shall be four years, except that in the first instance, representatives may be appointed for a shorter term by cities or counties with two or more representatives in order to secure overlapping terms of office. Elected officials leaving office shall be replaced by the appropriate unit of government having jurisdiction. Representatives shall be'resident citizens of the counties they represent and shall be persons whose training or experience or both has been such to enable them to contribute to the work of the Council of Governments. Section 5. The Council of Governments shall come into existence upon approval of this agreement by six or more contiguous counties and shall remain in existence during such period as_six or more counties are providing it with current payments as provided herein. A city may remain a member or may apply for membership even though its County Commissioner's Court does not provide current payments. Section 6. For the purpose of financing the operation of said Council, member cities and counties shall make payments based on the population of their county shown in the latest official U. S. Census. The total sum paid from each county shall be in proportion to its voting representation (one per 20,000 population or fraction thereof) on the Council. -3- If cities in a county have appointed representatives to the Council, the total cost to be borne by that county shall be distributed equally among the total number of representatives from that county, and the sponsoring governmental units shall each pay their share in proportion to the number of representatives they have appointed. Payment for jointly appointed representatives may be shared by the sponsoring governmental units in any manner agreeable to them. For the first full fiscal year, January 1 to December 31, 1967, the payment shall be $1,000 for each 20,000 population or fraction thereof in each county. For subsequent years, the Council of Governments shall submit to the sponsoring local governmental units, on or before - August 1 of each year, a budget showing their anticipated financing require- ment for the following year with the request that the Commissioners' Court of each member county and the City Council of each member city be responsible for the necessary sum, either from tax resources or other public•or private sources. Failure to make the requested funds available by March lst of any year shall constitute withdrawal from the Council, and if less than six counties make said funds available in any one year, this agreement shall be null' and'void and the Coastal Bend Council of Governments shall cease to exist. In this event, all funds remaining after payment of all obligations of the Council shall be refunded to the then participating governmental units in proportion to their payments for financing the Council. Section 7. Within thirty days of the effective date of this agreement, the governing body of said Council of Governments shall meet; shall elect officers, including a chairman, vice chairman, a secretary and a treasurer; shall establish headquarters and a bank account; and appoint special committees, including an executive committee, as may be deemed necessary to the activities of said Council; and shall adopt rules and bylaws for the operation of said Council. The Council shall have the power to engage employees, advisors and consultants; rent office space and establish an office; and undertake such activities necessary to its purposes within the limitations of the amounts of money available therefor. The Council shall have the power to apply for and receive grants of funds -4- from local, State and Federal governments and from private individuals, foundations and corporations. Section 8. It shall be the general purpose and the duty of the Council of Governments to make studies and plans to guide the unified, far reaching development of the region; to eliminate duplication and to promote economy and efficiency in the coordinated development of the area. The Council shall make a regional plan, which, among other things, may include recommendations on major thoroughfares, streets, traffic and transportation studies, land use, water supply, sanitation facilities, drainage, public buildings, population density and open space. , Section 9. Plans and recommendations of the Council of Govern- ments may be adopted in whole or in part by units of local government or by public agencies affected by such plans or recommendations. The Council of Governments may assist the participating governmental units in carrying out said plans and recommendations. IN WITNESS WHEREOF, this agreement is executed effective as of March 23, 1966, when the original six member counties ratified the original agreement, and is amended as above, effective upon ratification by the sixth county. COUNTY /CITY DATE APPROVED AS AMENDED Aransas County November 14, 1966 Brooks County November 14, 1966 Duval County November 14, 1966 K1eberg, County November 14, 1966 Live Oak County November 14, 1966 McMullen County November 14, 1966 Refugio County November 14, 1966 San Patricio County November 14, 1966 Nueces County November 15, 1966 Jim Wells County November 15, 1966 Bee County November 19, 1966 Corpus Christi November 23, 1966 Portland December 6, 1966 -5- Kingsville Alice Rockport Mathis Robstown Beeville Refugio George West Ingleside Port Aransas Sinton Aransas Pass Three Rivers Falfurrias Odem Gregory Orange Grove Bishop Taft Freer ATTEST: City Secretary APPROVED: - DAY OF JULY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: ATTEST: -6- February 22, 1967 March 13.'1967 March 13, 1967 March 15, 1967 March 17, 1967 April 11, 1967 October 24, 1967 November 10, 1967 May 13, 1971 June 18, 1971 July 6, 1971 September T, 1971 November S. 1971 November 30, 197T January 4, 1972 July 10, 1972 October 10, 1972 July 30, 1974 August 10, 1974 CITY OF CORPUS CHRISTI R. Marvin Townsen , Clty Manager ARANSAS COUNTY By. County Judge BEE COUNTY By. County Judge ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: -7- BROOKS COUNTY By. County Judge DUVAL COUNTY By. County Judge JIM WELLS COUNTY By County Judge KENEDY COUNTY Ay County Judge KLEBERG COUNTY By County Judge LIVE OAK COUNTY By. County Judge McMULLEN COUNTY By County Judge NUECES COUNTY By County Judge REFUGIO COUNTY By County Judge SAN PATRICIO COUNTY By County Judge ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: ATTEST: -8- CITY OF PORTLAND ... . CITY OF KINGSVILLE By. CITY OF ALICE By. CITY OF ROCKPORT By. CITY OF MATHIS By CITY OF ROBSTOWN By CITY OF BEEVILLE By' CITY OF REFUGIO By CITY OF GEORGE WEST By .. .. CITY OF INGLESIDE ATTEST: CITY OF PORT ARANSAS By.. ATTEST: CITY OF SINTON By ATTEST: CITY OF ARANSAS PASS BY ATTEST: CITY OF THREE RIVERS By ATTEST: CITY OF FALFURRIAS By ATTEST: CITY OF ODEM By ATTEST: CITY OF GREGORY By ATTEST: CITY OF ORANGE GROVE By ATTEST: CITY OF BISHOP y ATTEST: CITY OF TAFT -9- ATTEST: CITY OF FREER By. Corpus Christi, exas —20 day of 1917— TO THE MEMBERS 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 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, 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, P1AY0 THE TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample