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HomeMy WebLinkAbout14980 RES - 07/03/1979JBA;jkh:vp:7-5-792nd A RESOLUTION FINDING POLICEMEN/FIREFIGHTER PETITION IN SUPPORT OF CHARTER ELECTION ON BINDING ARBITRATION TO NOT REQUIRE CALLING AN ELECTION AND DIRECTING THE CITY SECRETARY NOT TO PROCEED WITH AN ELECTION; AND DECLARING AN EMERGENCY. WHEREAS, Corpus Christi Policemen's and Firefighters' Associations have previously presented City officials a petition asking that an election be called to amend the City Charter; and WHEREAS, the petition would attempt to amend the collective bar- gaining agreements between the City and said Associations, and would require the City Council to enter into binding arbitration in the event of impasse in negotiations with Policemen and Firefighters under Art. 5154c-1, V.A.C.S.; and WHEREAS, the City Attorney's office has informed the City Council through the City Manager that in its opinion such an election would be unlaw- ful and should not be held because the subject matter of the petition has been withdrawn from the Charter election process by the State Legislature, and because the form of the petition is inadequate to constitute a charter amendment in that the proposition amends the collective bargaining contracts and not the Charter; and WHEREAS, the City Council has previously invited said associations and/or their attorneys to respond to the City Attorney's opinion on the petition, and they have failed to respond other than by unsupported oral assertions of legal adequacy; and WHEREAS, the City Council finds that the petition is legally insufficient to warrant calling and holding a Charter election: IT IS, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that the City Secretary shall be, and hereby is, directed not to proceed with an election on the petition for binding arbitration. MICROFILMED AUG 27080 14980 The public emergency and necessity for the City Council to inform the above associations and the public of the Council's position in this matter creates a public emergency and an imperative public necessity requir- ing the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordi nance 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 resolution 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 RESOLVED, this the 3'e-4 day of July, 1979. ATTEST: CS MAYOR Secretary THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF JULY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit Corpus Christi, j-xas ,. day of , 197/ 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, MAYOR /I THE CITY F CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 14980