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HomeMy WebLinkAbout10349 ORD - 07/14/1971JiR:j -:6 -18 71 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1958, AS AMENDED, BY AMENDING ARTICLE II, CITY COUNCIL, SEC. 2 -7. WHEN AND WHERE MEETINGS TO BE HELD, AND SEC.2 -8. NOTICE OF MEETINGS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT ARTICLE 11, SECTIONS 2 -7 AND 2 -82 CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1958, AS AMENDED, ARE CONFLICTIVE, RESPECTIVELY, WITH ARTICLE II, SECTION 16, CITY CHARTER, AND ARTICLE 6252 -17, V.A.C.S., TEXAS, COMMONLY CALLED THE "TEXAS OPEN MEETING LAW "; AND WHEREAS, IT IS THE FINDING OF THE CITY COUNCIL THAT THE HEREIN- AFTER ORDAINED AMENDMENTS OF SAID CODE OF ORDINANCES SHALL REMOVE UNCERTAINTY IN COUNCIL PROCEDURE AND BRING THE SAID CODE OF ORDINANCES INTO CONFORMITY WITH SAID CHARTER AND STATUTE AS TO CITY COUNCIL MEETINGS: NOW, THEREFORE, BE IT ORDAINED BY THE .CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CnDE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1958, AS AMENDED, ARTICLE 11. CITY COUNCIL, SEC. 2 -7, IS HEREBY AMENDED TO READ AS FOLLOWS: "SEC. 2 -7. WHEN AND WHERE MEETINGS TO BE HELD. (A) THE CITY COUNCIL SHALL MEET AS PRESCRIBED BY ARTICLE 11, SECTION 16, OF THE CHARTER OF THE CITY OF CORPUS CHRISTI. (8) SPECIAL SESSIONS MAY BE CALLED BY THE MAYOR, THE MAYOR PRO TEM., THE ACTING MAYOR, THE CITY MANAGER, OR BY CALL OF A MAJORITY OF THE MEMBERS THEREOF. (C) PERSONAL NOTICE OF THE CALL OF EVERY SPECIAL SESSION SHALL BE GIVEN TO EACH MEMBER OF THE COUNCIL, IF POSSIBLE, BUT PERSONAL NOTICE TO A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL BE DEEMED SUFFICIENT NOTICE TO THE COUNCIL FOR CONDUCT OF A LAWFUL SPECIAL SESSION." SECTION 2. THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1958, AS AMENDED, ARTICLE II. CITY COUNCIL, SEC. 2 -8. NOTICE OF MEETINGS, IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: 10349 "SEC. 2-8. NOTICE OF MEETINGS. (A) NOTICE OF ALL MEETINGS OF THE CITY COUNCIL SHALL BE GIVEN AS PRESCRIBED BY ARTICLE 6252 -17, V.A.C.S., TEXAS, AS AMENDED. THE CITY COUNCIL SHALL IN SUCH NOTICE OF A MEETING DESIGNATE THE GOVERNMENTALLY -OWNED PLACE WHERE THE MEETING SHALL BE HELD, AS WELL AS THE TIME IT IS SCHEDULED TO CONVENE. THE CITY SECRETARY SHALL PREPARE, FILES ISSUE AND POST ALL MEETING NOTICES FOR THE COUNCIL, UNLESS OTHERWISE DIRECTED BY IT. (B) A MEETING IN REGULAR OR SPECIAL SESSION MAY BE RECESSED TO A TIME CERTAIN IN THE SAME PLACE WHERE THE MEETING ORIGINALLY CONVENED OR TO ANOTHER MEETING - PLACE, WHICH DETERMINATIONS SHALL BE' ANNOUNCED BY THE PRESIDING OFFICER OF THE COUNCIL PRIOR TO RECESS. A MEETING, REGULAR OR SPECIAL, MAY BE RECESSED ONE OR MORE TIMES. NO REGULAR SESSION MAY CONTINUE IN RECESS TO A TIME AFTER THE CONVENING OF THE NEXT REGULAR SESSION MEETING OF THE COUNCIL." SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE AND ARE HEREBY REPEALED TO THE EXTENT OF CONFLICT HLRLWIIH. '1 SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASES OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTIONS IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 5. THE NECESSITY TO AMEND THE CODE OF ORDINANCES CITY OF CORPUS CHRISTI, AS HEREINABOVE SET FORTH IN ORDER TO REMOVE UNCERTAINTY IN COUNCIL PROCEDURE AND BRING THE SAID CODE OF ORDINANCES INTO CONFORMITY WITH THE CITY CHARTER AND STATE STATUTE AS TO CITY COUNCIL MEETINGS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION 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, 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 -2- IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO JL) i, y ORDAINED, THIS THEIZALDAY OF 41IN6, 1971. ATTEST: C IC I T� RETAR' APPPXVED: AY OF ,JUNE, 1971: ;•r' CI Y AT TO NEY 6 MAYOR THE CITY OF CO (p) CHRISTI, TEXAS CORPUS CHRISTI, TEXAS /� DAY OF , 1 9 /I 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 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. ESPECTFULLY, v 0 MAYOR THE CITY OF C US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROGER TO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LO2ANO, SR. - -�� J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK