HomeMy WebLinkAbout05275 RES - 02/11/1959• IMS:JKH:2-10-59 •
A RESOLUTION
EXPRESSING INTEREST IN DETERMINING AND
KEEPING LOCAL SELF - GOVERNMENT UNRESTRICTED
BY STATE -WIDE REGULATION, AND PARTICULARLY
VOICING OPPOSITION TO ROUSE BILL 60 AND
FAVORING ADOPTION OF HOUSE BILL 173, NOW
PENDING IN THE HOUSE LEGISLATURE; AND
DECLARING AN EMERGENCY.
WHEREAS, LOCAL SELF- GOVERNMENT IS AN ESSENTIAL PART OF THE
AMERICAN DEMOCRATIC SYSTEM; AND
WHEREAS, THE PEOPLE OF TEXAS VOTED A CONSTITUTIONAL AMEND-
MENT IN 1912 AND THE TEXAS LEGISLATURE PASSED ENABLING LEGISLATION IN
1913 ESTABLISHING THE HOME RULE POWERS OF LOCAL SELF- GOVERNMENT FOR
CITIES; AND
WHEREAS, IT IS A FUNDAMENTAL TRUTH THAT THE LOCALLY ELECTED
ANDRESPONSIBLE OFFICIALS CAN AND SHOULD DETERMINE LOCAL NEEDS AND
DETERMINE THE POLICY FOR MEETING THE NEEDS FROM THEIR KNOWLEDGE OF THE
SOURCE AND AMOUNT OF TAX MONEY AVAILABLE; AND
WHEREAS, GOOD WAGES AND HOURS OF ALL CITY EMPLOYEES COLLECTIVE-
LY, WITHIN THE CITY'S ABILITY TO PAY, IS FAVORED WITHOUT PREFERENTIAL
TREATMENT FOR ANY PARTICULAR DIVISION OR DEPARTMENT AND WITH PAY SCALES
COMPARABLE WITH THOSE PAID LOCALLY BY BUSINESS AND INDUSTRY; AND
WHEREAS, THERE ARE NOW IN EXISTENCE,BY VIRTUE OF LEGISLATION
ADOPTED AT PREVIOUS SESSIONS OF THE LEGISLATURE, RESTRICTIONS OF BASIC
HOME RULE POWERS WHICH ARE NOT IN KEEPING WITH THE CONCEPT OF DEMOCRATIC
LOCAL SELF - GOVERNMENT; AND
WHEREAS,-,THERE HAS BEEN INTRODUCED IN THE PRESENT SESSION OF
THE TEXAS LEGISLATURE, NOW IN SESSION IN AUSTIN, TEXAS, HOUSE BILL 60,
WHICH PROPOSES FURTHER RESTRICTIONS AND INCREASED COST TO THE CITY TAX-
PAYER WITHOUT THE RIGHT OF THE LOCAL GOVERNING BODY TO HAVE ANY PART IN
DETERMINING THE APPLICATION OF THE PROVISIONS OF SAID LEGISLATION
AND THERE HAS ALSO BEEN INTRODUCED INTO SAID LEGISLATURE, HOUSE BILL 173
WHICH WOULD REPEAL ONE OF THE EXISTING RESTRICTIONS IN THE EXERCISE BY
THE LOCAL GOVERNING AUTHORITIES OF THE RIGHT TO DETERMINE THE HOURS AND
SALARIES OF ONE GROUP OF CITY EMPLOYEES; AND
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WHEREAS, IT WOULD BE OF THE BEST INTEREST OF THE CITY OF
CORPUS CHRISTI AND OF PRESERVATION OF THE RIGHT OF LOCAL SELF- GOVERN-
MENT IN CITIES GENERALLY, THROUGHOUT THE STATE OF TEXAS TO REMOVE
EXISTING RESTRICTIONS AND REFRAIN FROM INCREASING RESTRICTIONS AND
THAT THOSE RESOLUTIONS CAN BE ACCOMPLISHED IN PART BY THE DEFEAT
OF HOUSE BILL 60 AND THE ENACTMENT OF HOUSE BILL 173:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI THAT THE MEMBERS OF THE STATE LEGISLATURE OF
TEXAS, AND PARTICULARLY THE REPRESENTATIVES AND SENATORS REPRESENTING
THE CITY OF CORPUS CHRISTI, TEXAS BE ADVISED OF THE INTEREST OF THE
CITY OF CORPUS CHRISTI IN FAVORING GOOD WAGES AND SALARIES OF ALL
CITY EMPLOYEES COLLECTIVELY, WITHIN THE CITY'S ABILITY TOPAT, WITHOUT
PREFERENCE TO ANY GROUP] CLASSY DIVISION OR DEPARTMENT OF THE CITY
AND WITH PAY SCALES COMPARABLE TO THOSE PAID LOCALLY BY BUSINESS AND
INDUSTRY, AND THAT SUCH MATTERS AND POLICIES BE DETERMINED BY THE
LOCAL GOVERNMENTAL BODY AND NOT BY REGULATION AND RESTRICTION AT THE
STATE LEVEL;
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT HOUSE BILL 60, NOW PENDING IN THE HOUSE LEGIS-
LATURE, BE DEFEATED AND THAT HOUSE BILL 173 NOW PENDING IN THE
STATE LEGISLATURES BE ADOPTED;
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT REGULATION AND RESTRICTION ON THE STATE LEVEL
OF THE BASIC HOME RULE POWERS OF CITIES AND THAT THE LOCAL PROBLEMS
OF GOVERNMENT BE LEFT TO THE LOCAL OFFICIALS FOR SOLUTION WHERE SUCH
PROBLEMS INVOLVE THE EXPENDITURE OF MONEY WHICH MUST BE DERIVED BY THE
LOCAL GOVERNING BODY FROM WITHIN ITS BOUNDARIES.
SECTION 1. THE NECESSITY FOR IMMEDIATELY INFORMING THE
MEMBERS OF THE STATE LEGISLATURE OF TEXAS, NOW IN SESSION; CREATES
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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
THE 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
THIS RESOLUTION TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS
THE _J ! DAY OF FEBRUARY, 1959•
MAYOR
ATTEST: / THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECRE ARY
APPROVED AS 0 LEGAL FORM THIS
THE 10TH DAY OF FEBRUARY, 1959:
CITY ATTORNEY
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TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
GENTLEMEN:
CORPUS CHRISTIJEXAS
_ L > 1959
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCEI A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE
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� THEREFOREp HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHnRtIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING VOTE:
FARRELL D. SMITHCl.�.
-.�+C
W. J. ROBERTS
B. E. BIGLER
\
MANUEL P. MALDONADO
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE